Fasting

A complaint to the Constitutional Court of Alexei Gorinov calls into question hundreds of sentences issued for "military fakes"

According to Olga Podopolova’s telegram channel, the Constitutional Court of the Russian Federation received a complaint of the former municipal deputy Alexei Gorinov prepared by her about checking the conformity of the Constitution of Article 207.3 of the Criminal Code of the Russian Federation, according to which he was sentenced to 7 years in prison on July 22, 2022.

The CS is put in a difficult position and will probably be drawn with consideration, so we will not wait for the results, but we will try to add a number of philosophical arguments to purely legal arguments of Gorinov’s complaint. They follow from the question, which Pontius Pilate did not receive an answer to 2 thousand years ago: what is the truth?

The design of Article 207.3 of the Criminal Code, adopted on March 3, 2022 immediately in three readings by the Duma, on the same day approved by the Council of the Federation and signed by the President, as we have repeatedly indicated, in a hurry, was uncritically copied from Article 207.1 about the “distribution under the guise of reliable messages” in the conditions of natural disasters or epidemics.

The congenital drawback of Article 207.3, which projected a similar design to “deliberately false information about the actions of the Armed Forces”, is that the “deliberate falsity” implies the presence of undoubted truth, and it dissolves in the so -called “fog ***”.

In the old days, faculties of “Philosophy and Law” were operating at universities, that is, these disciplines are more closely connected than the legalist view of most of today's Russian judges. But in the Constitutional Court, led by Professor Valery Zorkin, there is someone to ask a philosophical question about the truth. What will the judges of the COP have to collide on this path?

The sentence to Alexei Gorinov, like all sentences without exception under Article 207.3 of the Criminal Code, were decided to compare the statements of the defendants not with facts and not even with presumptions, but with legal fiction. At the same time, it was not even introduced by the law, but by a certain document of the indefinite genre and status, released by Roskomnadzor on the very first day of his, February 24, 2022, under the cap: “to the attention of the media and other information resources”:

“We note that the editorial offices of the media before the release (broadcast) of materials ... are required to establish their reliability. Roskomnadzor informs that in the preparation of materials and publications regarding the conduct of a special operation ... (media) are required to use the information and data received only from official Russian sources. ”

Truth in criminal law is not an empty phrase. Suppose people are not given to people in the highest sense, but in the courts of the “truth in the case” should be investigated to comply with the statement, and not what the speaking head of the Ministry of Defense stated.

For lack of a different source of law, the CS will have to proceed not only from Article 207.3 of the Criminal Code, but also from the text of the “recommendations” of Roskomnadzor (as its state news agencies presented the name of the name). But they (“recommendations”) are addressed only to “media and other information resources”. The number of them is neither former deputy Gorinov nor many others who are already serving a term under article 207.3 of the Criminal Code.

The Gorin, seriously ill and contained in severe prison conditions, received in 2024 the addition of terrorism in the three years in front of the neighbors in the cell (provocateurs), was originally convicted that during a meeting of the Council of Deputies of the Municipal District, Krasnoselsky, on March 15, 2022, expressed doubt about the appropriateness of the competition of children's drawings.

The term “post-Truth”, recognized by the Oxford dictionary “Word of 2016”, implies a reality artificially formed and social networks, in which opinions and interpretations prevail over facts. Politics is already a virtual reality in which there is no truth and lies, and therefore, good and evil. During the consideration of Gorinov’s complaint, when and if the case comes to her, the constitutional court will have to answer the question whether the concept of post -truths is also suitable for law. In the case of a positive answer, this will mean the transition to the “post -right”, having approved which, the Constitutional Court will put the cross on itself.