On May 17, 2005, the Moscow Regional Court resumed the consideration of the case on the liquidation of the National Bolshevik Party, which had been postponed six months ago.
If earlier the prosecutor's office demanded the liquidation of the NBP in connection with the violation of the Law of the Russian Federation "On public organizations", pointing out, in particular, that the public organization unlawfully bears the name of the party, and the charter of the NBP contains a clause on the participation of its members in elections to state authorities, then at the court session, the prosecutor asked the court to attach additional requirements to the prosecutor's statement. The judge granted the motion.
According to NBP representative Alexander Averin, now the prosecutor's office is demanding the liquidation of the organization also on the basis of paragraph 2 of Art. 61 of the Civil Code of the Russian Federation, which, in particular, states that a public organization can be liquidated in connection with "repeated or gross violations of the law or other legal acts" . "The prosecutor's office considers the seizure of the office of the head of the Ministry of Health, the attack on the Latvian embassy in September 2003 and hooliganism in Belgorod as gross violations, confirmed by sentences in the relevant criminal cases," Averin said . In his opinion, all these sentences were passed against "individual members of the NBP and do not apply to the entire organization" , and therefore "this paragraph of the legislation is not applicable to the entire organization" .
Elena Rossokhina, a senior assistant to the prosecutor, explained to a Kommersant correspondent that the regional prosecutor's office demanded the liquidation of the NBP, including on the basis of Art. 15 of the Law "On Counteracting Extremist Activities", which states that if a member of an organization "makes a statement calling for the implementation of extremist activities, without indicating that this is his personal opinion, the public association is obliged to publicly declare within five days about their disagreement with the statements or actions of such a person; if he does not do this, this can be considered as a fact indicating the presence of signs of extremism in their activities . However, as a rule, the leadership of the NBP does not condemn, but approves the actions of party members, E. Rossokhina added.
To consider new documents, the judge adjourned the hearing for a month. The next meeting is scheduled for June 14, 2005.
Tirmaste M.-L. Extremism according to Bolshevism // Kommersant. 2005. May 18.
Sources