Sentence to Boris Stomakhin

We are publishing the text of the guilty verdict handed down on November 20, 2006 by the Butyrsky District Court of Moscow to Boris Stomakhin, publisher of the Radical Politics bulletin, accused of extremist activity and inciting ethnic hatred. The text is not an official publication and is reproduced based on materials from the website "Human Rights in Russia" . See also the text of the indictment in this case, published on the website of the SOVA Center .

SENTENCE

In the name of the Russian Federation

Moscow November 20, 2006

Federal Judge Butyrsky District Court of Moscow Ishmuratova L.Yew., with the participation of the public prosecutor in the person of Senior Assistant Prosecutor of the North-Eastern Administrative District of Moscow Kulakov D.Yu., defendant Stomakhin B.The. and his lawyers represented by lawyers Nersisyan K.G., who presented certificate No. 4055 dated March 24, 2003 and warrant R 40-200 dated September 11, 2006, issued by the bar association "Nersiyan and Partners" and Golubev A.M., who provided certificate No. 688 and warrant No. 027029 dated September 11, 2006, issued by the Moscow Central Branch of the MOKA, under the secretary Pafnuteva E.A., having considered in open court a criminal case No. 1-882 / 06 in relation to: Stomakhin Boris Vladimirovich, August 24, 1974 year of birth, native of Moscow, Russian, citizen of the Russian Federation, with a higher education, single, working as a correspondent for the Lithuanian weekly publication "Laisvas Laikrastis", permanently registered at the address: Moscow ............. ..................., not previously convicted, accused of committing crimes under part 1 of article 282, part 2 of article 28O of the Criminal Code of the Russian Federation

SET UP:

Stomakhin B.V. committed actions aimed at inciting hatred and enmity, as well as to humiliate the dignity of a person, a group of persons on the basis of nationality, origin, attitude to religion, as well as belonging to any social group, committed publicly, using the media, as well as made public calls for the implementation of extremist activities, made using the media.

He committed crimes under the following circumstances: Stomakhin B.V., being aware of the content of articles 13 and 29 of the Constitution of the Russian Federation, recognizing the ideological and political diversity in the country, and prohibiting the creation of associations and any other activity, the goals of which are aimed at forcibly changing the foundations of the constitutional building and violating the integrity of the Russian Federation, undermining the security of the state, creating armed formations, inciting social, racial, national and religious hatred, realizing that Articles 280 and 282 of the Criminal Code of the Russian Federation provide for criminal liability for the most dangerous forms of violation of these constitutional prohibitions, considered himself, approximately since the summer of 1998, to members of the informal liberal-democratic movement "Revolutionary Contact Association", in violation of the requirements of the Federal Law of the Russian Federation No. 114-FZ of July 25, 2002 "On countering extremist activity", actively carried out activities in the interests of the above Association, on organizing the release of a monthly, that is, a periodical, printed publication - the newsletter "Radical Politics", entrusting himself with resolving issues related to its production at all stages, that is, acting as an editorial board (editor-in-chief) and a publisher of the bulletin.

Implementing the above activities, Stomakhin B.V., personally, monthly from an unspecified time, from about 2000 until the moment he was brought to criminal liability in this criminal case on April 26, 2004, while at his home at the place of residence, <*** > in Moscow, forming the content of his publication, including articles of his own authorship, as well as articles by various like-minded people who share his views, also placing in it excerpts from other unofficial and official sources, the media, distorting the essence of primary sources and giving them away for his own (for his authorship), organized the production of a printed publication - the information bulletin "Radical Politics", typed the texts of the bulletins on his personal computer installed at the above address, and was engaged in their subsequent printing and reproduction under circumstances not established by the investigation, by screen printing.

Publishing the above bulletin on behalf of and in the interests of the RSC, not sharing generally accepted views regarding the principles of creation, activities and directions of development of the Russian Federation - a democratic federal law-based state with a republican form of government, its political course, having the intention to personally oppose the organizational structure of society, the state, generally recognized norms confirmed by the Constitution of the Russian Federation, such as: humanity, pluralism of ideologies and diversity of nations, freedom to choose the language of communication, upbringing, education and creativity, conscience, religion, the rule of rights and freedoms of the individual, their protection by the state, deliberately misinterpreting the meaning of parts 1, 4 and 5 of Article 29 of the Constitution of the Russian Federation, which proclaims freedom of thought and speech, freedom of the mass media and the right to freely search for, receive, transmit, produce and disseminate information, ignoring the prohibitions established by parts 2 and 3 of this article of the Constitution of the Russian Federation regarding propaganda or agitation that arouse social , racial, national or religious hatred and enmity, including by promoting superiority on the basis of social, racial, national origin, attitude to religion, language, Stomakhin B.V. expressed in publications his unconstitutional behavior reflecting protest, giving them a negative and negative emotional color, orienting readers to expressing the extremes of the unfolding political processes, absolutizing the external side of phenomena, expressing the inferiority of the Orthodox religion, believing thereby to outrage society and subsequently call on it to change the existing state building the country. At the same time, appearing in public places in the city of Moscow, with the greatest concentration of people, given the multinational nature of the city's population and the presence of a significant number of citizens of countries near and far abroad, Stomakhin B.V. monthly distributed the newsletter "Radical Politics" personally and through persons unidentified by the investigation, by selling for money that is affordable for all segments of citizens, as well as free of charge transferring the bulletin to persons interested in receiving this publication, at the same time offering them to subscribe to this periodical, which achieved the dissemination among the public masses of the views and ideas set forth in the above printed publication trying to aggravate the problem of manifestation of conflicts on the basis of racial, ethnic and religious intolerance, which has become more complicated in the country.

Creating articles of separate issues and the bulletin, Stomakhin B.V. used such techniques as setting a title that distorts the meaning of the material following it (including reprinted from other sources); the topic relating to Russia as a state, in connection with the events in the Chechen Republic, was presented to readers as a war between two states - the Russian Federation and the Chechen Republic. Reflecting in his publications the information taking place in the country, related to the hostilities in the Chechen Republic, as well as the terrorist acts that took place on the territory of Russia, Stomakhin B.V. approved of criminals and terrorists whose actions are aimed at the destruction of the Russian people as a nation. So, mentioning in the bulletin "Radical Politics" No. 1 (27) of January 2003, the person involved in the terrorist and extremist activities of Salman Raduev, Stomakhin B.V. printed: "Salman Raduev fought with Russia to the last, without making any compromises with the murderers of his people. His life was an example of how to fight with Russia. Salman Raduev is the brightest page of the heroic Chechen Resistance. He was the hero of a generation, and "not only in Chechnya, but also in Russia itself. His life and his death are a guarantee that the damned imperial Russia will be destroyed, and the Chechens and all other peoples occupied by it will finally be free. We will avenge you, Salman."

Also in the publication "The Chechen Syndrome" upside down" in the newsletter "Radical Politics" No. 2 9 (35) of September 2003, Stomakhin B.V. posted: "Supporting the fighting Chechnya, publicly solidarizing with Basayev, openly speaking in Moscow on the side of Movsar Baraev in the days of "Nord-Ost" - we crossed the line, crossed a certain line, beyond which any ties with the past, with your environment, with the people among whom you were born and raised, and lived, trustingly considering yourself to be their a particle, until I read and saw with my own eyes all the terrible details of what these people are doing in the neighboring, tiny mountainous country on a foreign, "enemy" web site. So - the Rubicon has been crossed, the choice has been made, and there is nowhere to retreat - now for an hour there is no other family in the world, except for all the peoples oppressed by "our" empire, except for the partisans fighting for liberation from its yoke, famous field commanders like Basayev, political parties that put forward Russia demands monetary compensation for the occupation and the return of the territories taken away.

In the same issue of the bulletin, in the publication "Chechnya obscured the Caucasus...", again mentioning persons involved in terrorist and extremist activities: Maskhadov, Basaev, Khattabaishba, Stomakhin B.V., using expressions and epithets aimed at forming a positive opinion regarding these individuals and their illegal violent activities, he argued: "Basayev, Khattab and other heroes of the Chechen resistance, courageously and firmly standing in the way of Russian aggression, actually saved the independence and very existence of not only Chechnya, but also the rest of the Caucasian states." In the texts of publications of Stomakhin B.V. positive attitudes were contained in relation to explosions in Russia, which are arranged by Chechen terrorists, as well as in relation to the actions of Chechen snipers from gangs, who kill Russian military personnel stationed in Chechnya in various ways. So, in the publication "Insanity" Budanov - the key to Basayev's victory. Statement of the Revolutionary Contact Association", posted in the bulletin No. 1 (27) for January 2003, Stomakhin B.V. called: "Let dozens of new Chechen snipers take their places on the mountain slopes and in the city ruins and hundreds, thousands of aggressors righteous bullets! No mercy! Death to the Russian occupiers!"

In the newsletter No. 3 (41) for March 2004, Stomakhin B.V. on the first page he posted the statement: "Zelimkhan Yandarbiyev died as a hero and will forever be in the memory of mankind, in the memory of historians and grateful descendants. He inflicted as many blows on bloody Russia as he could," as well as in the publication "Retribution for the genocide": "Explosion in Moscow metro is justified, natural and legal... Chechens have every moral right to blow up whatever they want in Russia - after what Russia and the Russians have done to them, no objections about humanism and philanthropy are accepted. Russia's actions are qualified by Stomakhin B.V. as aggression, Russian troops are considered occupying forces, and Russian military personnel are considered occupiers. Accordingly, the actions of Russia, Russian troops and Russian military personnel are assessed negatively, while Russia itself as a state, the Russian army as a state structure and Russian military personnel as a social group are also negatively assessed. On the other hand, the events in the Chechen Republic are presented as Russia's war against the Chechen people (the Chechen ethnic group), as a genocide of the Chechen people.

So in the publication "From M. Udugov's interview to the Kavkaz-Center agency about the action of the heroic Chechen rebels Movsar Baraev in Moscow", published in the Radical Politics newsletter No. 1 (27) for January 2003, Stomakhin B.V. publicly assessed: "Russia has clearly demonstrated that it is at war and is in constant danger of retaliation due to the fact that its rulers have committed vile aggression against a sovereign state and are killing innocent civilians of this state. Even the Western community Forced to admit that Putin's Russia is waging a war for the physical extermination of the Chechens as an ethnic group." In the same bulletin, in the publication "About accomplices in the murder of the Chechen people", Stomakhin B.V., sharing the point of view of a like-minded person, published: "As a citizen of the Chechen Republic of Ichkeria, who daily experiences Russian state terror, I understand the motive that pushed the Chechen patriots to such an extraordinary act. It is caused by Russia's ongoing aggression against the Chechen state and people. There is not even a single document that would condemn the massacre of citizens of the CRI (Chechen Republic of Ichkeria), not to mention Russia's aggression against the Chechen state ... Chechen patriots, driven to desperation by Russian terror, were forced to commit this act of sabotage in the capital of the Russian Federation, Moscow. At the same time, they pursued one and only goal: to draw the attention of the world community to the total genocide of the Chechen people, cynically perpetrated by Russian invaders. "

In Newsletter No. 2 3 (41) of March 2004 in the publication "Reckoning for Genocide". Stomakhin B.V. stated: "For 10 years the current Russian Federation and its people have been waging an all-out, genocidal, extermination war against the Chechen people, who numbered only a million people before the war," and in the publication "Will Russia be allowed to participate in the Summer Olympics in Athens?" - "The bloody aggression of Russia against the sovereign CRI led - among millions of other equally bloody consequences - to the need for the special services of Russia to kill the ex-president of the CRI Zelimkhan Yandarbiev, who helped his people repel this aggression", Actions of the Chechen Republic and Chechens from gangs in the texts of the bulletin were justified and evaluated positively by him, Stomakhin. The Chechen Republic is considered as a separate state, with its own president (A. Maskhadov), capital (Jokhar), constitution, armed forces and commander in chief, court (Sharia court), legislation. So in the publications of the newsletter R.P. 1 (27) for January 2003, the events in the Chechen Republic are presented by Stomakhin B.V. as "the national liberation struggle of the Chechen people against the colonial expansion of Russia" (publication "About the accomplices in the murder of the Chechen people").

In the publication "Vova's New Joke" Stomakhin B.V. printed: "the legal sentences of the Sharia Court of the CRI to national traitors are strictly carried out." In the same place, in the publication "Chechen resistance is alive! Maskhadov visited Dzhokhar and Argun" Stomakhin B.V. pointed out: "President Maskhadov, President of the CRI, Commander-in-Chief of the Armed Forces of the CRI A. Maskhadov, the capital of the CRI is Jokhar." In the publication of the information bulletin No. 3 (41) of March 2004, Stomakhin B.V. posted Decree No. 620 of the President of the CRI. Also in the publication "No comment" ("No comments") Stomakhin B.V., realizing his goals, publicly, in an agitational and approving form, stated: that supposedly it is he who is responsible for Nord-Ost and for the recent explosions in Tushino - everyone who is even slightly interested in modern Chechnya knows that it is Maskhadov who is the legitimate president of Chechnya. , and not according to the Russian one, of course, - he will not be re-elected - there can be no question of any other "president of Chechnya" for Chechens. And legal re-elections of the president of the CRI according to the current Constitution of the CRI of 1992 will be possible only when the army of the CRI under the command of Commander-in-Chief Maskhadov defeats the occupying Russian bandit formations as part of the troops of the Ministry of Defense, the Ministry of Internal Affairs and the Federal Security Service of the Russian Federation and throws them out of the territory of independent Ichkeria.

On the pages of 8 bulletins, Stomakhin posted information copied from the Internet site "strana.ru", and "KMNews.ru", copying information from these sources about various events in the country, heading them: "Good News". This information about adverse events was presented to the readers of the bulletins as positive, that is, approved by the authors and the editor, that is, by him, Stomakhin B.V., and was presented to the latter as an example to follow in achieving the goal. As an example of actions that act as a role model, in the texts of the bulletins Stomakhin B.V. cited the actions of Chechen women dying for freedom, in particular in the publication "The Chechen Syndrome" upside down" in the bulletin "Radical Politics" No. 9(35) of September 2003: "And - most importantly - we understood, that indeed Freedom is the most precious thing that a person has, the most precious treasure, the only one for which it is not a pity to die. And if you succeed, then take at least a few of your enemies with you to the next world, as selfless Chechen women do, tying themselves with "martyr's belts." Because the life of a person is still mortal and short, and to live it, since it is given to you, is worth it only free. Otherwise, it is better to die immediately. The way these Chechen women die."

In all his editions of the newsletter "Radical Politics" Stomakhin B.V. used a technique to purposefully convey offensive characteristics, negative emotional assessments, negative attitudes towards any ethnic, racial, national, religious, social group. Thus, regarding Russia as a state, the texts of "Radical Politics" contain negative emotional assessments (metaphors: "terrible, fetid abyss", "bloody, cannibalistic atrocity", "rotten deck"), humiliating characteristics ("immeasurable meanness, treachery, pathological deceit") and negative attitudes towards destruction, a metaphor: "to wash with blood", which indicates the attitude towards bloodshed that is clearly expressed in the text of the article. In particular, in the publication "In Memory of Salman Raduev", the newsletter "Radical Politics" No. 1 (27) of January 2003, Stomakhin B.V. printed: "Chechen heroes are leaving ... Dudaev, Atteriev, Khattab, and today - Raduev. They seem to be swallowed up, swallowed up by a terrible, black, fetid abyss. And the name of this abyss is Russia"; Russia's immense meanness and treachery, its pathological deceit and criminality as a country, as a civilization, as a subject of history. : "It was the bloody, cannibalistic atrocities of this state, before our eyes, over a small and defenseless mountain people that first planted this thought in our minds: Russia must be destroyed forever, a state that allows itself to arrange such things against entire nations should not exist at all!".

In the publication "Retribution-2", the newsletter "Radical Politics" No. 2 (40) for February-March 2004, Stomakhin B.V. stated: “For both yesterday’s and today’s genocide of the Chechen people, let Russia wash itself with blood during our lifetime — in fact, it deserved it! a rotten deck lying in the way of humanity."

Acting in order to achieve his and his accomplices of the plan Stomakhin B.V. In the article "Budanov's 'insanity' is the key to Basayev's victory", published in the Radical Politics Bulletin No. 1 (27) of January 2003, he insults employees of the Russian Army and law enforcement agencies, calling for criminal actions against them. So, in this article Stomakhin B.V. gave negative emotional assessments of the military personnel of the Russian Army as a social group: “But the whole of Chechnya is now filled with the same Budanovs — maniacs, bloodthirsty sadists, murderers and geeks in uniform. prompting such action in relation to the military personnel of the Russian army as the demand for an immediate compulsory psychiatric examination of the command staff: “From now on, we must demand an immediate compulsory psychiatric examination of the entire command staff of the Armed Forces, Navy, Internal Troops, border troops, police, FSB, starting with the captain and ending Supreme Commander-in-Chief - V.V. Putin". In addition, negative emotional assessments of the Servicemen of the Russian Army were given by Stomakhin B.V. in the publication "Kremlin Marauders", signed by "Ali Merzho" with the note "for the Kavkaz Center", published in the bulletin No. 2 (40) for February-March 2004 on page 4: "In Chechnya, the Russian army ceased to exist as a combat structure states, finally turning into a rabid gang of marauders and murderers "drug-drunk pack".

Stomakhin B.V., publishing and distributing the newsletter "Radical politician", acted with the intention of creating hostility and conflicts, including armed ones, arising on national, racial and religious grounds between citizens living in the Eurasian part of the country and people living in the Caucasian part. In the comments "Editor's note" to the Declaration of the Committee "2008: Free Choice", published in the bulletin No. 2 (40) February-March 2004 on page 8, Stomakhin B.V. posted negative attitudes towards the existing state system and the Russian state: "We - RKO and: Radical Politics - are in solidarity with the Committee and are ready to cooperate with it. Of course, we are much more radical than them. We are in favor of not waiting until 2008 and "not to worry too much about the constitution, but to call on the people to overthrow and liquidate the Putin regime as soon as possible. And we generally do not see the possibility of preserving the current Russian Federation as a single state. But we are for a common front with all our allies, even more moderate ones." Expressed by him, Stomakhin B.V., In the text, the installation on the elimination of the existing state system ("Putin's regime") implies not only actions within the framework of the existing Constitution, but also the possibility of going beyond this framework ("overthrow the regime, not particularly concerned about the constitution") .

In the publication "Retribution-2" of the same bulletin, Stomakhin B.V. named: organization of rallies dedicated to events in the Chechen Republic, participation in them (past and present), writing inscriptions on the walls of houses, fences and bus stops: "Vengeance for the genocide will come, sooner or later. If we live, then we will become it witnesses, participants, and it would be nice - and his punishing sword. For the time being, it is only in our power to organize miserable little rallies with candles in memory of all those killed and tortured by our blood-mad state - in Chechnya and in Ukraine, in Lithuania and in Poland, from Bely sea ​​to the Black Sea. It is impossible to live with this burden on the soul - the terrible knowledge of Russian history requires revenge from all those in whom the conscience is still alive. Maybe the hands holding the nominal candle today will squeeze the machine gun tomorrow - this is still not very hard to believe, but God grant us to live to such a happiness! In the meantime, apart from the tocsin of words, we have no other weapons and no other language. We remember and mourn for all those who died, for all those who were innocently tortured: ours — by our — hated by us! — empire. But the best gift for the exterminated Chechens will not be another rally with candles in memory of their genocide, but any of our blows - however weak so far - against that criminal state that kills them and deprives us of our freedom, cripples our souls, strives to make us all executioners, tie them all with blood. Less words and more action! - Here it is, the slogan of the slogans of the day! Moreover, the work for the radical anti-imperial opposition in the country is an unplowed field!"; "The writing of inscriptions on the walls of houses, fences and bus stops in cities has also been discussed more than once - this matter is so important, necessary and useful that it is difficult to overestimate. Today, right up to the 14th, it is possible and necessary to strike at one point, stubbornly and with a gift: slaves, become free even for a moment, do not go to the fake Elections! A limited circle of revolutionaries, human rights activists, extremists, radicals and outcasts; no need to agitate - he himself has long known everything for years. Every direct and open appeal to the outside, to the people, to non-politicized eaters of the Shabalka-Veshnyakov TV-gum is an open, powerful blow to the regime, bringing its (the regime's) end closer.

Also Stomakhin B.V. other forms of unlawful actions against the state and the political system were also assumed in the texts of the bulletins, but they were not specified by him, Stomakhin B.V. In the texts of the bulletins "Radical Politics" Stomakhin B.V. information was purposefully posted that prompted to keep lists of such actions as “cleansing operations”, “passport regime checks”, “counter-terrorist operations”, “illegal searches and political criminal cases” - all these actions are qualified by Stomakhin B.V. as "crimes", and the perpetrators of these acts are designated as "executioners in uniform" and "informers without uniform". In particular, in the publication "Retribution-2", the bulletin "Radical Politics" No. 2 (40) for February - March 2004, Stomakhin B.V. gave instructions, propagandized and urged: "We must accumulate hatred and keep a list of their crimes - an endless list of all these: sweeps;,: passport checks;,: counter-terrorism operations;, muzzle laws, illegal searches and political criminal cases. Good to keep lists of themselves - who “cleansed” which village and who, on what date, on whose denunciation what criminal case was opened against whom. the authorities who gave the criminal order. The day will come when executioners in uniform and informers without uniforms, both in Moscow and in Chechnya, will answer us for everything."

At the same time, Stomakhin B.V., with the aim of making public, that is, bringing to the public and specific individuals in particular, his point of view, the opinions of other persons unidentified by the investigation, also published in the Radical Politics newsletter, identifying like-minded people and further uniting with them, in order to develop activities to incite conflicts in society, caused by insulting citizens on the basis of nationality, race, expressed the inferiority of the Orthodox religion, believing thereby to outrage society and subsequently call on it to change the existing political system of the country, distributed edited and published them newsletters, placed in them information about subscribing to the next issues of "Radical Politics" and accepting donations for the publication of this newspaper, thereby calling for the promotion of extremist activities in the form of its financing on a charitable basis.

So, Stomakhin B.V. realizing the goal of mass distribution of the information bulletin "Radical Politics", under circumstances not established by the investigation, acting personally and through persons not identified by the investigation, handed over the information bulletin "Radical Politics" No. 1 (27) and No. 2 (35) for 2003 to citizen Lavrova V.A. ., who, having read the contents of the Radical Politics printed edition, was offended by the messages presented, which are similar in essence, purpose and content, and the article "The Orthodox have completely gone nuts ..." published in the Radical Politics Bulletin, No. 1 ( 27) January 2003, perceived as humiliating and insulting all citizens professing Orthodoxy. Stomakhin B.V. in this material, he used a title with a negative emotional assessment of citizens professing Orthodoxy ("fucked up"), however, the content of the material of the article does not correspond to its title - this material deals with an isolated case (the statement contained in the brochure "Fundamentals of Orthodoxy": "Jesus Christ was crucified not by Jews, but by Chechens"), which is summarized with the help of the title and presented as typical for the Orthodox.

In the newsletter "Radical Politics" No. 1 (27) January 2003, with reference to the website of the international computer network Internet "Regions.ru ("regions.ru"), November 24", Stomakhin B.V., copied material from this source on the case of keeping citizens of the Republic of Uzbekistan in slavery by Russian citizens. This article is titled Stomakhin B.V. as the editor of the bulletin: "The Russians keep slaves and still dare to blather something against the Chechens ..." and presented this isolated case to the reader as typical and characteristic of all Russians. Thus, using the title Stomakhin B.V. giving a negative emotional assessment ("blather") in relation to Russian citizens as a nation.

Stomakhin B.V., in his newsletter "Radical Politics" No. 1 (27) of January 2003 and No. 9 (35) of 2003, pointed out the inferiority of the Orthodox people, conveying insulting characteristics and negative emotional assessments of believers, expressions of a discriminatory attitude towards Orthodoxy as a religion, noting the need to eliminate such a faith professed by the Russian people, thereby humiliating the national dignity of citizens professing this faith. Also, Stomakhin B.V., at about 13:00 on February 23, 2004, realizing his criminal intent, being at the address: Moscow, Lubyanskaya Square, near the Solovetsky Stone, at a rally unsanctioned in accordance with the current legislation, organized by informal political parties, movements and associations, including members of the RCS, dedicated to the 60th anniversary of the deportation of the Chechen-Ingush people, together with other active members of informal radical parties and associations, including members of the RCS, using the coverage of this event in the media, called on citizens to support his, Stomakhina B.V., movement through an open demonstration of posters containing texts of national intolerance, such as: "Zakayev is not a terrorist, unlike Putin and K", "Europe! Do not betray the Chechen resistance", "Russian invaders - out of Chechnya!", "When will the Chechen people be released and rehabilitated?", and the flag of "RADICAL PARTY" ("RADICAL PARTY").

March 10, 2004 Stomakhin B.V., continuing his criminal acts aimed at inciting hatred or enmity among the population of the country, at humiliating the dignity of a person, a group of persons on the basis of sex, race, nationality, language, origin of attitude to religion, as well as belonging to any social group, and not intending to voluntarily stop them, being at a rally held approximately at 17-18 hours on Pushkinskaya Square in Moscow, personally, as well as with an unidentified person, distributed information bulletins "Radical Politics" for 2004 No. 2 (40) and No. 3 (41), explaining to those interested in this printed matter about the time of publication of subsequent issues of the newspaper, the possibility of subscribing to this publication and other material support for the publication of this newspaper, which he edited, Stomakhin B.V.

Realizing his criminal intent, Stomakhin B.V., during the period of the above mass procession, sold Levit S.A. newsletters "Radical Politics" No. 2 (40) and No. 3 (41) for 2004 at a price of 5 (five) rubles for each issue of the publication. However, the implemented and developing criminal activity of Stomakhina B.V. was suppressed by law enforcement agencies by bringing him to criminal liability on April 26, 2004, which did not allow Stomakhin B.V., if he had a strong intent, purposefulness to expand and intensify extremist activity, to involve new members in it, to achieve the desired illegal goals.

Thus Stomakhin B.V. being a member of the RKO, consciously acting in the interests of this association, planned and called for actions that are prohibited by Federal Law No. 114-FZ of July 25, 2002 "On countering extremist activity" and are extremist, namely: violent change in the foundations of the constitutional order and violation of the integrity Russian Federation; undermining the security of the Russian Federation; carrying out terrorist activities; inciting racial, national or religious hatred, as well as social hatred associated with violence and calls for violence; humiliation of national dignity; carrying out mass riots, hooligan actions and acts of vandalism based on ideological, political, racial, national or religious hatred or hostility, as well as based on hatred or hostility against any social group; propaganda of exclusivity, superiority or inferiority of citizens on the basis of their attitude to religion, social, racial, national, religious or linguistic affiliation (Part 1 of Article 1 of the Law);

Stomakhin B.V. publicly called for the implementation of extremist activities and the commission of specific extremist actions (part 3 of article 1 of the Law); called for the financing (provision of financial resources) of extremist activity, its promotion of specific actions in another way (part 4 of article 1 of the Law), appealed to citizens and organizations personally and through the Radical Politics bulletin published by him, which, in accordance with the Law, has all the signs of extremist materials as documents and other information on other media intended for publication and calling for the implementation of extremist activities, substantiating and justifying the need for such activities, substantiating and justifying national and (or) racial superiority and justifying the practice of committing military and other crimes aimed at full or partial destruction of any ethnic, social, racial, national or religious group (Article 1 of the Law), personally distributed the bulletin and through persons unidentified by the investigation in public places in the city of Moscow, during mass events, in places with the largest concentration of people.

Interrogated at the hearing the defendant Stomakhin B.The. He pleaded not guilty to the charges brought against him and testified that, indeed, being the editor-in-chief, he published the bulletin of the RKO "Radical Politics", in which he expressed his point of view on certain political events taking place in Russia. In his articles, he in no way called on the people to extremist activities. Also, in his bulletin, he did not express the superiority of one religion over another and did not scold the Orthodox Church and Orthodoxy as a religion, in essence he is an atheist and did not want to touch on the feelings of believers in his articles. In his articles, he did not call for the destruction of the existing state system, but only advocated a change in the leadership of the country. He fully supports the Constitution of the Russian Federation. Also in his articles he expressed his civil position in relation to the War in the Chechen Republic. While the defendant Stomakhin B.The. he did not admit his guilt, his guilt is confirmed by the testimony of witnesses Novikov D.O., Levit S.A., Yakunichkin V.V., interrogated at the court session, as well as the testimony of Witnesses Lavrova V.A., read out in accordance with Part 4 of Art. . 281 Code of Criminal Procedure, witnesses Shiabetdinova Sh.S., Maysuryan A.A., announced in the order of Part 1 of Art. 281 Code of Criminal Procedure of the Russian Federation.

Witness Lavrova V.A. during the preliminary investigation on l.d. 1-3 of volume 2 showed that while at a rally at the American Embassy organized against the war in Yugoslavia more than four years ago, her attention was attracted by a previously unknown citizen, as she later became aware of Stomakhin B.V. She recognized his last name from the information bulletin of the RKO "Radical Politics" published by him personally, which Stomakhin B.V. personally distributed free of charge. It was in September 2002 at the "Anticapitalism" rally on Mayakovsky Square in Moscow. After reading the purchased from Stomakhin B.V. Inform - Bulletin, she was stunned by what was written: it contained articles in which the Russian people and Orthodoxy were insulted, humiliated, insulting words were spoken against them. She was personally offended by what she read in this newspaper, in connection with which she kept this and others subsequently acquired from Stomakhin B.V. at various opposition rallies, information bulletins published by him, in which, in addition to the above articles containing insulting assessments of the Russian people as a nation, Orthodoxy as a religion, contained approving assessments of the criminal actions of Chechen gangs - formations that commit terrorist acts on the territory of Russia, against Russian troops stationed in Chechnya. She saw Stomakhin B.V. at various events dedicated to and timed to coincide with various dates, at which he distributed the information bulletin "Radical Politics" published by him. She kept acquired from Stomakhin B.V. printed publications published by him, tk. Based on the articles printed and published by him, she suggested that Stomakhin B.V. associated with Chechen terrorists and acts under their leadership. In addition, she learned that Stomakhin B.V. previously published his articles and was the editor of the print publication "Separatist", and also published on Internet sites under his own name. Having intentions to stop this activity of B.V. printed editions to the State Duma of the Russian Federation. Personally, she and Stomakhin B.V. she did not communicate who, besides him, is a member of the Radical Coordinating Association, she does not know. Personally to Stomakhin B.V. she does not feel hostility, she wrote her statement in order to prevent any grave consequences that could occur as a result of the activities of Stomakhin B.V.

Witness Levit S.A. testified that on March 10, 2004 at about 6:30 p.m. he was returning home from work and, passing by Pushkinskaya Square in Moscow, he noticed that a rally was taking place on the square, because. there were a lot of people on the street, people were shouting various slogans, holding posters, and someone was speaking from the podium. He asked what the rally was about and the man answered him that they were fighting for the freedom of democracy. He understood that the rally was dedicated to the upcoming Elections. Also at the rally, he drew attention to a man who was holding a newspaper in his hands. He asked what kind of newspaper it was, for which he was offered to buy a newspaper for 5 rubles. He gave the man 10 rubles and received two newspapers called Radical Politics. He asked the man where he could buy the next issues of this newspaper, to which the man replied that the phone number was indicated on the last page of the newspaper and if you need to purchase the newspaper┌ you need to call by phone, while the man introduced himself as the editor-in-chief of this newspaper. On the last page of the newspaper it was indicated that the editor-in-chief of the newspaper was Stomakhin B.V. - he concluded that it was Stomakhin B.V. sold him newspapers and at the moment it is Stomakhin B.V. is in the dock. He moved a little away from the protesters and read some articles published in the newspaper, and was indignant and offended by the content of these articles, which supported the terrorist acts carried out in Moscow, the Russian army was called the occupiers, he was especially struck by the heading "good news" . Insulted, he approached a policeman who was not far from the protesters and told him that newspapers were being sold at the rally, which expressed a negative attitude towards the Russian people, towards the existing state system. The policeman called another police officer on the radio, who after a while came to the square, escorted him to the nearest police station, he took explanations from him.

At the hearing at the request of the defense to eliminate contradictions in order h. Z. Article. 281 of the Code of Criminal Procedure of the Russian Federation, the testimony of the witness Levit S.A., given by him during the preliminary investigation, was read out, from which it follows that on March 10, 2004 at about 18 hours 30 minutes he was returning home from work and, passing by Pushkinskaya Square in Moscow, he drew attention to the fact that a rally was taking place on the square; there were a lot of people on the street, people shouted various slogans, held banners, and someone spoke from the podium. He asked what the rally was about and the man answered him that they were fighting for the freedom of democracy. He realized that the rally was dedicated to the upcoming elections. Also at the rally, he drew attention to a man who was holding a newspaper in his hands. He asked what kind of newspaper it was, for which he was offered to buy a newspaper for 5 rubles. He gave the man 10 rubles and received two newspapers called Radical Politics. He asked the man where he could buy the next issues of this newspaper, to which the man replied that the phone number was indicated on the last page of the newspaper and if you need to purchase a newspaper, you need to call on the phone, while the man introduced himself as the editor-in-chief of this newspaper.On the last page of the newspaper it was indicated that the editor-in-chief of the newspaper was Stomakhin B.V., so he concluded that it was Stomakhin B.V. who sold him the newspapers. a little away from the protesters and read some articles published in the newspaper, and was indignant and offended by the content of these articles. negative attitude towards the Russian people, towards the existing state system.He had a camera with him, with which he took several pictures of the rally.

Witness Shiabetdinov Sh.S. during the preliminary investigation on l.d. 24-27 of Volume 2 revealed that he has been a member of the Russian Movement for the Independence of Chechnya (RDNC) since 1992. Members of this organization are Frumkin and Stomakhin B.V. Stomakhin B.V. is an active participant in the movement, tk. he not only participates in actions and rallies, but organizes them. The RDNC movement is not a strong organization because it does not have its own printing house and headquarters. He (Shiabetdinov) is a passive member of the organization, because only participates in rallies, does not communicate with members of the movement. He (Shiabetdinov) comes to rallies, because he opposes the war in Chechnya and for its independence from Russia and rejoices when accidents occur in Russia, but not on the territory of Chechnya, such as: submersion of a submarine, etc. He (Shiabetdinov) believes that this is the punishment of the Lord. At rallies, he (Shiabetdinov) calls on the people to vote against the war in Chechnya, while holding some slogan written and issued by one of the organizers of the rally. He participated in a rally on February 23, 2004 at the Solovetsky Stone and Lubyanskaya Square in Moscow, where Stomakhin B.V. was also present. He (Shiabetdinov) wants Russia to have a real democracy, and not the system, as he considers "gangster" that exists. Stomakhin B.V. also how he (Shiabetdinov) votes against the war and for democracy. Stomakhin B.V. organizes actions in an official manner. He (Shiabetdinov) was very happy when Russian troops destroyed each other in Chechnya.

Witness Maysuryan A.A. during the preliminary investigation on l.d. 28-32, volume 2 showed that since 1998 he has been a member of the officially unregistered "democratic union" party. They do not have a single leader. The Moscow Coordinating Council includes: Starikov D.A., Frumkin E., he and Lyuzakov P. This party has not been registered since its formation, there were no attempts to register the party. Since the summer of 1998, he was a member of the party under the same name, organized by V. Novodvorskaya, but he dropped out of it, or rather, she (Novodvorskaya) dropped out of it, registering the party. other members of the party were against party registration. They did not want to register, since Russian legislation does not grant any additional rights to parties, but creates what they consider to be impossible duties. But their party has never been hidden, they publish lists of party members in the officially registered newspaper Free Word. The circulation of the newspaper is small, about 1,000 copies, due to limited funding. The party has a charter; they periodically meet at congresses. One of the clauses of the Charter of the party is "renunciation of violence for political purposes." The party exists mainly on donations from citizens, and more often on membership fees. He knows Stomakhin B.V. as a member of the Revolutionary Contact Association, but he does not know other members of the RKO. With Stomakhin B.V. he (Maysuryan) crossed paths at rallies and pickets. As far as he (Maisuryan) knows, the RKO newspaper is published by B.V. Stomakhin himself. The RKO newspaper can be purchased at the press stall of the Mayakovsky Museum. He personally saw this newspaper, having received it from Stomakhin B.V. for free. The RKO newspaper, he does not remember the exact name of the newspaper, contains articles from various newspapers, including foreign ones, as well as B. V. Stomakhin’s own articles.

Witness Novikov D.Oh. testified that he worked as a correspondent for the NTV television company. On February 23, 2004, he was sent by the leadership to Lubyanskaya Square in Moscow to film the laying of flowers at the Solovetsky stone in honor of the 60th anniversary of the Stalinist deportation of the Chechen-Ingush to Kazakhstan and Siberia. First, at the rally, relatives of the deported were laying flowers to the stone, he interviewed, talked with relatives and recalled these events. Representatives of the Radical Party were present there, but he does not know who exactly, because. he remembered only the name of the party. He saw how those gathered at the Solovetsky stone were handing out some newspapers among themselves. Then the police officers asked those present to disperse, since the laying of flowers began to develop into an unauthorized rally. At that moment, Ponomarev L. climbed the Solovetsky stone, which greatly jarred him (Novikov) and asked to lower the posters and flags of the Chechen Republic, the police officers called the audience to order.

witness Yakunichkin The.The. testified that he worked as an editor of the newspaper "Left Information Center", which published reports on certain political events. With Stomakhin B.V. he has known since 1997, at that time Stomakhin B.V. was a member of the committee for workers' democracy and international socialism. In July 1998, the creation of the Revolutionary Contact Association was announced, and at the same time he learned that Stomakhin B.V. with a group of like-minded people will publish the bulletin "Radical Politics", the editor-in-chief of which is Stomakhin B.V. He read some issues of the Radical Politics bulletin, which he received from Stomakhin B.V. and repeatedly saw that at various rallies Stomakhin B.V. distributed bulletins "Radical Politics". In his articles published in the bulletins, Stomakhin V.V. dealt mainly with two topics: specific political events taking place in our country and articles of a general conceptual nature. In 2003, the Left Information Center ceased to exist, in which he (Yakunichkin) worked and relations with Stomakhin B.V. stopped, but the publication of articles in the bulletin of the "Left Information Center" was stopped earlier, because. content of articles Stomakhina B.V. diverged from the position ┌ of the left information center. In his articles Stomakhin B.V. expressed the ideas of the destruction of the Russian state and the Russian people, said that if the Russian state does not exist, then the world will lose little from this. Much attention in his articles Stomakhin B.V. devoted to the war in Chechnya, supported the actions of Basaev, Raduev and Maskhadov, and also justified the terrorist acts of militants. Because of the statements of Stomakhin B.V. relations between them deteriorated and they stopped communicating, tk. was outraged by the content of the articles by Stomakhin B.V. The last time he saw Stomakhin B.V. in 2004.

In addition, the guilt of the defendant Stomakhina B.The. is confirmed by the collected materials of the case: Volume 1: Statement by Lavrova V.A., in which she asks to pay attention to the publication and distribution of a newsletter edited by Stomakhin B.V., which contains articles aimed at inciting hatred and enmity, reports on all terrorist acts, explosions and murders, as committed by "heroic fighters" of independent Ichkeria, contain articles aimed at inciting national and religious hatred (case sheets 47-50, 72-75);

Inform - bulletins "Radical Politics" No. 1 (27) for January 2003, No. 9 (35) for September 2003, the editor-in-chief of which is Stomakhin B.V. (case files 51-66);

statement Slobozhaninov Yew.Ya., from which it follows that he asks to the fullest extent of the law to punish Stomakhin B.The. for (inciting national, racial and religious hatred (case sheet 45-1Z3);

V.P. Khabanov’s statement, from which it follows that he asks to protect his civil and human rights and freedoms, t.to. materials published by Stomakhin B.V. aimed at inciting national, racial and religious hatred, humiliating his human dignity as a representative of the Russian people, insulting his religious feelings as an Orthodox believer. Materials Stomakhina B.V. publicly promote the inferiority of Russians on the basis of nationality and attitude towards religion (case files 143-147);

statement Lazarev V.Yew., from which it follows that he asks to prosecute Stomakhina B.The. for public statements in the media, inciting ethnic hatred, degrading honor and dignity as an ethnic Russian, calling for extremism and terrorism, forcibly changing the existing state system, for illegal actions against employees of the FSB, the Ministry of Internal Affairs and the military personnel of the Armed Forces of the Russian Federation (l.d. .164);

D. Vinogradov's statement, from which it follows that he was deeply struck and outraged by what the co-chairman of the RKO, the correspondent of the Kavkaz Center B.V. Stomakhin, writes. about Russia, about Russians (case files 167-168);

statement Pakharevskaya Oh.A., from which it follows that she asks to prosecute Stomakhina B.The. - co-chairman of the RKO for inciting ethnic hatred, calling for the overthrow of the existing government and the destruction of Russia. She lives in Ukraine, but identifies herself with the Russian people, whose national feelings are offended by Stomakhin B.V. (case file 174-183);

statement Kopylova A.P., in which he reports that Stomakhin B.The. published on the Internet a number of articles that are clearly offensive to Russians, inflammatory in nature, calling for the destruction of the Russian state and the total extermination of the Russian people, calling for the armed overthrow of the constitutional order in the Russian Federation, insulting the honor and dignity of the Russian nation, contain calls for national and religious hostility (case file 186);

A statement by Fedyushkich A.N., from which it follows that on the Internet he read articles by Stomakhin B.V., which reek of hatred and hostility towards the state system of the Russian Federation, the current President and the Government of the Russian Federation, other state authorities of the Russian Federation, its law enforcement agencies , as well as to the Orthodox Church and the Russian people. Stomakhin B.V. speaks insultingly about the Russian people, openly calls for extremist activities and war against the state system and the authorities of the Russian Federation, for terrorism, armed attacks on employees of the FSB, the Ministry of Internal Affairs, the armed forces of the Russian Federation, calls for sabotage and damage to the property of the above structures (l. d.189-195);

a certificate from the Federal Service for Supervision of Compliance with Legislation in the Sphere of Mass Communications and the Protection of Cultural Heritage, from which it follows that print media with the names "Separatist" and "Radical Politics" are not listed in the database of the service (case sheet 216); volume 2: by the protocol of seizure from Lavrova V.A. originals of the information bulletin of the RCS "Radical Politics" No. 1 (27) for January 2003 on 8 sheets and the original of the inform - bulletin of the RCS "Radical Politics" No. 9 (35) of September 2003 on 8 sheets (p. d.5-6); protocol of seizure from Levit S.A. buildings of the newspaper "Radical Politics" Nos. 2 and 3 for 2004, purchased by him on March 10, 2004 from Stomakhin B.V., as well as three photographs photographed on March 10, 2004 (case sheets 19-20); the report of the senior detective of the UBOP KM of the Central Internal Affairs Directorate of Moscow, R.E. Stomakhin B.V. was present at the rally and was distributing the newspaper "Radical" politics. In order to document the criminal activity of Stomakhina B.V. the May issue No. 5 (43) of the information bulletin "Radical politicians" on 8 sheets was purchased from him, containing articles in which he expresses his reactionary views, calling for the overthrow of the existing political regime (case sheet 93);

the conclusion of a psychological-linguistic examination, from the conclusions of which it follows that

1. In the texts of the information bulletins of the Revolutionary Contact Association (RKO): Radical politics; contains negative emotional assessments of the military personnel of the Russian army as a social group (maniacs, bloodthirsty sadists, degenerates in uniform; P. Kantor, B. Stomakhin "Budanov's insanity is the key to Basayev's victory. Statement of the Revolutionary Contact Associations", RP No. 1 (27) January 2003 ., p. 2; a rabid gang of marauders and murderers, a drug-intoxicated pack; Ali Merzho, "Kremlin Marauders", RP No. 2 (40) February-March 2004, p. 4). The texts of the newsletters contain negative emotional assessments and humiliating characteristics of members of the Communist Party of the Russian Federation as a social group (pathetic and insignificant little people, spineless cowards, fish, nonentities; P. Ivanov, B. Stomakhin, "March 14 - the apotheosis of slavery. Statement of the RKO", RP No. 2 (40) February - March 2004, p.1) In the inform - bulletin of the Republic of Poland No. 9 (35) September 2003. Contains a negative emotional assessment and a humiliating characterization used in relation to Elena Volgust, Irina Shurygina, Vladislav Shurygin, Nikolai Bondarik as representatives of the social group "KGB/FSB agents" (A. Galaktionov, "GB Brigade", RP No. 9 (35) September 2003, p. 4). In RP No. 1 (27) January 2003. On p. 7 there is a material entitled: "The Orthodox have gone completely nuts ...". This heading contains a negative emotional assessment (“fucked up”) of citizens professing Orthodoxy.

2. The information bulletin RP No. 1 (27) January 2003 contains information that encourages such action against the military personnel of the Russian army as the requirement for an immediate compulsory psychiatric examination of the command staff P. Kantor, B. Stomakhin (“Insanity” Budanov is the key to victory Basayev. Statement of the Revolutionary Contact Associations", RP No. 1 (27) January 2003, p. 2).

3. In the information bulletins "Radical Politics" submitted for the study, such a technique was used as setting a heading that distorts the meaning of the material following it (including reprinted from other sources). With the help of the heading, an isolated case, which is discussed in the printed material, is generalized and presented as a typical one. Also, with the help of the title, an assessment is set for the events described in the material. In the texts of the RP, using this technique, negative emotional assessments are given in relation to such social groups as "Russians" ("Russians keep slaves. And they dare to blather something against the Chechens ...", RP No. 1 (27) January 2003 g., p. 6) and “Orthodox” (“The Orthodox have completely gone nuts ...”, RP No. 1 (27) January 2003, p. 7).

4. In RP No. 1 (27) January 2003 p.1. "From an interview with M. Udugov to the Kavkaz-Center agency regarding the action of the heroic Chechen rebels Movsar Baraev in Moscow", RP No. 3 (41) March 2004, p. 4 Boris Stomakhin, "Will Russia be allowed to participate in the Summer Olympics in Athens" , RP No. 1 (27) January 2003, p. 3 i. Shakhiev, "About accomplices in the murder of the Chechen people", RP No. 3(41) March 2004 p. 3 Boris Stomakhin, "Payback for the genocide" articles on topics related to Russia as a state discuss military events taking place in Chechnya. In the described events, the actions of Russia, as a state, are qualified as aggressive, and the Russian troops are considered occupying, the Russian military personnel are occupiers. Accordingly, the actions of Russia, Russian Troops and Russian Military personnel are assessed negatively; Russia itself as a state, the Russian army as a state structure and Russian servicemen as a social group are also negatively assessed. In addition, the described events are presented as Russia's war against the Chechen people (the Chechen ethnic group), as the genocide of the Chechen people by the Russian people. With regard to Russia as a state, the texts of the RP contain negative emotional assessments (metaphors are a terrible, fetid abyss ("In Memory of Salman Raduev". RP No. 1 (27) January 2003 p. 1); bloody, cannibalistic atrocities (Boris Stomakhin, "Chechensky syndrome" inside out, RP No. 9 (35) September 2003, p. 3); rotten deck (Boris Stomakhin, "Retribution-2", RP No. 2 (40) February-21 March 2004, p. 3) humiliating characteristics (immeasurable meanness, treachery, pathological deceit ("In memory of Salman Raduev", RP No. 1 (27) January 2003, p. 1) and negative attitudes - for destruction (Boris Stomakhin, "Chechen Syndrome" inside out, RP No. 9 (35 ) September 2003, p. 3. At the same time, the means of destroying Russia as a state are not specified in the text. March 2004 contains negative attitudes towards the existing state system and Russia as a state on page 8. The directive expressed in the text for the liquidation of the existing state system ("Putin's regime") implies not only actions within the framework of the existing constitution, but also the possibility of going beyond this framework ("to overthrow the regime without much concern for the constitution"). 5. The texts of the RP newsletters submitted for research contain information about subscribing to the following issues of Radical Politics and accepting donations for the publication of this newspaper (RP No. 9 (35) September 2003 p. 1; RP No. 2 (40) February-March 2004, p. 4; RP No. 3 (41) March 2004, p. 7).

5. In the newsletter of the Republic of Poland No. 9 (35) September 2003, p. 1 contains a poster with the text "Putin promises: October 5, 2003 Chechnya will choose who it needs!", containing an image of a man in military uniform with a banner in his hands and a bandage on his sleeve, which depicts a fascist swastika. This image of the swastika in this newsletter is a public display of Nazi symbols. This poster is an illustration for "No comments". In this context, the poster receives the following negative interpretation in such a way that Putin relies on fascist military support in ensuring the presidential elections in Chechnya on October 5, 2003, while not naming the latter (which military formations or groups are meant).

6. The texts of the information bulletins "Radical Politics" submitted for the study positively evaluate and justify the actions and activities of S. Raduev (In memory of Salman Raduev, RP No. 1 (27) January 2003, p. 1), 3. Yandarbiev (RP No. 3 ( 41) March 2004, p. 1), Sh. Basaeva (Boris Stomakhin, "Chechen Syndrome" inside out, RP No. 9(35) September 2003, p. 3), A. Maskhadova, Khattaba (A. Uvarov, Chechnya covered the Caucasus..., RP No. 9(35) September 2003, p. 4), as well as such actions as the capture of "Nord-Ost" by M. Baraev's group (Boris Stomakhin, "Chechen Syndrome" inside out, RP No. 9(35) September 2003, p. 3), explosion in the Moscow Metro on February 06, 2004 (Boris Stomakhin, "Retribution for the Genocide", RP No. 3(41) March 2004, p. 3). Also, the texts of the RP contain positive attitudes regarding terrorist explosions on the territory of Russia, arranged by Chechens (Boris Stomakhin, "Retribution for the genocide", RP No. 3 (March 41, 2004, p. 3), and the actions of 22 of the latter, killing Russian servicemen on the territory of Chechnya (II. Kantor, V. Stomakhin, Budanov's "Insanity" is the key to Basayev's victory. Statement of the Revolutionary Contact Association, RP No. 1 (27) January 2003, p. 2). Actions of Chechen militants, decisions The Sharia Court of the CRI in the texts of the Republic of Poland are positively evaluated and justified (Boris Stomakhin, "No comments" Republic of Poland No. 9 (35) September 2003, p. 1). The military events in Chechnya are presented as a national liberation struggle of the Chechen people against the colonial expansion of Russia ( I. Shaikhiev, "About accomplices in the murder of the Chechen people", RP No. 1 (27) January 2003, p. 3).

7. The texts of the information bulletins of the Republic of Poland submitted for research contain information that encourages the organization and participation in rallies dedicated to events in Chechnya (past and present); writing inscriptions on the walls of houses, fences and bus stops (Boris Stomakhin, "Retribution-2", RP No. 2 (40) February-March 2004, p. 3). These actions in the texts of the RP are presented as directed against the state and the existing state system.

8. Activities such as organizing and participating in rallies dedicated to events in Chechnya (past and present); writing inscriptions on the walls of houses, fences and bus stops, in the texts of the RP are presented as directed against the state and the existing state system (Boris Stomakhin, "Retribution-2", RP No. 2 (40) February-March 2004, p. 3). Also in the texts of the RP there is a negative attitude towards Russia as a state - for destruction ("... Russia ... must be destroyed forever, a state that allows itself to arrange such things over entire nations should not exist at all"; Boris Stomakhin,: Chechen syndrome; inside out, RP No. 9(35) September 2003, p. 3). In the "Editor's Note" to the Committee's Declaration "2008: Free Choice", printed in RP no. 2 (40), February-March 2004, p. 8, the attitude towards the elimination of the existing state system ("Putin's regime") is expressed, which implies not only actions within the framework of the existing constitution, but also the possibility of going beyond this framework ("overthrow the regime, not particularly caring about the constitution"): "We are the RKO and "Radical Politics" - are in solidarity with the Committee and are ready to cooperate with it. Of course, we are much more radical than them. We are for not waiting until 2008 and not particularly worrying about the constitution, but calling on the people to overthrow and liquidate the Putin regime as soon as possible. And we do not see at all the possibility of preserving the current Russian Federation as a single state. But we are for a common front with all our allies, even more moderate ones" (case files 196-209);

the testimony of expert K.I. Alekseev questioned at the court session, who fully confirmed the conclusions of the above examination and explained that during the examination he used the “content analysis” method, as well as the Guidelines for presenting content analysis during the examination; conclusion of a technical expertise, from the conclusions of which it follows that

1. images of printed texts and illustrations on the newsletter "Radical Politics" No. 1, 2003, the newsletter "Radical Politics" No. 9, 2003, the newsletter "Radical Politics" No. 2, 2004 and the information bulletin "Radical Politics" No. 3, 2004, produced by screen printing.

2. when applying images of printed texts and illustrations on the information bulletin "Radical Politics" No. 1 for 2003, the information bulletin "Radical Politics" No. 9 for 2003; the information bulletin "Radical Politics" No. 2 for 2004 and the information bulletin "Radical Politics" Z. for 2004, the following technical means could be used: the so-called "duplicator", "risograph", "copy printer" and others devices in which the principle of screen printing is implemented (ld 219-220);

volume 3: the protocol of the search in the apartment ........................... of Moscow, where Stomakhin B.V. lives, from which it follows that during the search a computer processor and a connecting wire to it were seized; 6 floppy disks, color photograph depicting 4 men holding posters; prospectus "card of hatred", 2 video cassettes (Czech Republic and Yugoslavia), CD ("CD") - disk, 2 books "Dzhokhar Dudayev", "War in Chechnya - international tribunal, Z. and 4 volumes"; stickers with calls to vote against Putin; notice to Stomakhin B.V. No. 349; literature in the form of many leaflets published under the editorship of Stomakhin B.V. "Radical Politics" for September 2001; newsletters No. 5 (31) for 2003, No. 10 (36) for 2003; No. 9 for 2003, No. 6 for 2003, No. 12 (38) for 2003, No. 7-8 for 2003, No. 2 for 2003, No. 4 for 2002, No. 7 for 2001, No. Z. for 2002, No. 3 for 2001, No. 7 for 2001, No. 10 for 2002, No. 6 for 2001, No. 2 for 2002, No. 4 for 2001, No. 10 for 2002, No. 11 for 2002 , No. 5-6 for 2002, No. 7 for 2001, No. 3 for 2003, No. 11 for 2003; printout from the Internet in the form of sheets from No. Z. for 2004; agitation, leaflets of various nature; sheets from the newsletter "Radical Politics" for 2001, No. 4; newspaper "Vremya" No. 10, 2000; 2 notebooks; the folder is black, with the numbers of "Radical Politics" in it; 4 for 2004; newsletters "Radical Politics" No. 2 for 2003 and No. 2 for 2002 in a plastic bag; H. pages of handwritten text; floppy disks (ld Z-6);

the protocol of inspection of the system block of magnetic media, seized during the search at Stomakhin B.V., from which it follows that the information contained on the disk regarding the activities of the RKO was partially printed out (case files 24-248); volume 4: protocol of inspection of objects (documents) seized during the search of the apartment of Stomakhin B.V., from which it follows that leaflets with various texts and images, brochures, a squared notebook with 8 sheets, information bulletins of the RKO " Radical Politics" and other documents recognized as material evidence in the case (case files 1-26); posters confiscated in the premises of the duty unit of the "Kitay-gorod" police department (case sheet 27-28);

a copy of the materials of criminal cases against Stomakhin B.The. on suspicion of committing crimes under Art. Art. 280, 282 of the Criminal Code of the Russian Federation (case file 31-250);

Volume 5: Protocol on the seizure in the premises of the duty unit of the Kitai-Gorod police department of items and documents seized from participants in the rally on Lubyanskaya Square on February 23, 2004: posters "Russian occupiers - get out of Chechnya!", "When the Chechen people will be released and rehabilitated ?”, “Europe! Don't betray the Chechen resistance!”, “Zakaev is not a terrorist, unlike Putin and K” and the flag “RADIKAL PATY” (case sheets 5-7); a copy of the administrative material and a copy of the rulings of the Basmanny Court of Moscow on bringing to administrative responsibility for hours. 2 Article. 20.2 of the Code of Administrative Offenses of the Russian Federation Stomakhina B.V. and other participants in the unauthorized rally on Lubyanskaya Square in Moscow, as well as various documents confirming the participation and organization of Stomakhin B.V. in holding unauthorized pickets (case file 9-68), as well as other materials of the case.

The above documents comply with the requirements of the norms of criminal procedure legislation, in connection with which the court recognizes them as admissible evidence in the case.

Investigated at the hearing testimony of witnesses Lavrova V.A., Novikov D.Oh., Levit S.A., Shiabetdinova Sh.S., Maisuryan A.A., Yakunichkich V.V., expert Alekseev K.AND. the court finds that they correspond to reality and trust them, since the testimonies of these persons are consistent with each other and are objectively confirmed by other evidence in the case examined at the court session.

After evaluating the above conclusions of the examinations, the court finds them objective, and the conclusions of the experts - scientifically reasoned, substantiated and reliable. The court also has no reason to doubt the competence of the experts. The conclusions of the examinations are not contradictory, they are confirmed by other evidence examined by the court, and the court trusts them.

During the preliminary investigation, the defendant Stomakhin B.The. was appointed and carried out an outpatient forensic psychiatric examination in the Institute of them. V.P. Serbsky, from the conclusions of which it follows that Stomakhin B.V. an organic emotionally labile (asthenic) disorder is found. These changes in the psyche Stomakhina V.V. are not accompanied by pronounced violations of intellectually mnemonic abilities and did not deprive him during the period of the acts incriminated to him of the ability to fully realize the actual nature and social danger of his actions and manage them. During the periods of the acts incriminated to him and preceding them, there were also no signs of any temporary mental disorder that could deprive him of the opportunity to fully realize the actual nature and social danger of his actions and direct them. At present, according to his mental state, Stomakhin B.V. can also be aware of the actual nature of his actions and manage them, can correctly perceive the circumstances relevant to the criminal case, and give evidence, can independently exercise the right to defense (case files 173-176 volume 2). Assessing the conclusion of the expert commission in conjunction with the testimony of persons questioned in the trial, data on the identity of the defendant, his behavior in the trial, the court finds it reasonable, motivated and objective, trusts him and recognizes the defendant Stomakhina B.The. sane for the acts charged against him.

The arguments of the lawyer Nersisyan K.T. that during the forensic psychiatric examination experts have not resolved the issue of the sanity of the defendant Stomakhin B.V., the court finds untenable, t.to. decision on the sanity of Stomakhina B.V. falls within the jurisdiction of the court.

The arguments of the defense that the conclusion of the psychological-linguistic examination should be excluded from the evidence, due to the fact that the expert's conclusion does not indicate the methodology for conducting the examination, the court finds untenable. At the court session, the expert Alekseev K.I. was interrogated, who explained that he really carried out a psycholinguistic study of the texts of the information bulletins of the RKO "Radical Politics" and fully confirms the conclusions set out by him in the conclusions of the conclusion, in the course of the psychological and linguistic examination in the criminal case against Stomakhin V.V., he used the method of "content analysis", which is a classic method of analysis used in psychology. Considering that the psychological-linguistic examination was appointed by order of the proper procedural person, in compliance with the requirements of the criminal procedure law, and the examination itself was carried out by an expert with sufficient qualifications and experience, the expert examined the materials related to this criminal case, the materials presented were sufficient for conducting an examination and giving an opinion, therefore, the court recognizes the conclusion of a psychological and linguistic examination as admissible evidence in the case.

Assessing the testimony of the witness Levit SA. given by him during the trial, in part that at the court session he could not remember that at the rally taking place on Pushkinskaya Square in Moscow, he used the camera he had and took pictures of the protesters, the court, without questioning the testimony of witness Levit SA, both during the preliminary investigation and at the hearing, takes into account the fact that since the interrogation of witness Levit SA. 2.5 years passed during the preliminary investigation and before his interrogation at the court session, after the announcement of the protocol of the interrogation of witness Levit S.A., given during the preliminary investigation and before his interrogation at the court session, 2.5 years passed, after the announcement of the protocol of the interrogation of witness Levit C.A., given during the preliminary investigation at the hearing on ld. 15-17 volumes. 2, witness Levit S.A. confirmed his testimony in full, in connection with which the contradictions in his testimony identified during the trial were eliminated by the court, and the court recognizes the above protocol of interrogation of witness Levit SA. evidence in the case.

At the request of the defense at the hearing were questioned as additional witnesses Karamyan E.Yew and Novodvorskaya The.AND. Witness E.Yu. Karamyan testified that he had known B.V. Stomakhin since the autumn of 2000 and was on friendly terms with him. He is a journalist on political extremism and ethnic relations. He knows that Stomakhin B.V. published the bulletin "Radical Politics", he repeatedly read the bulletins that Stomakhin B.V. gave him. Bulletin "Radical Politics" Stomakhin B.V. began to publish in order to break through the information blockade and published articles in it from other media, including foreign publications, and also published his own articles in which he published his point of view as a journalist on certain political events. In his articles Stomakhin B.V. expressed an anti-fascist position, criticized the actions of the Russian Armed Forces in Chechnya, the articles were written in a harsh and harsh tone, but the content of the articles did not go beyond the law. In his articles Stomakhin B.V. never criticized the canons and dogmas of the church and did not call for a change in the decisions of the Councils of the church, and in articles relating to the Russian Orthodox Church, Stomakhin B.V. cited only isolated cases of the behavior of the clergy. In his opinion, Stomakhin B.V. adheres to liberal democratic convictions, took an anti-war position.

Stomakhin B.V. supported the constitutional order, but opposed state power, called for the overthrow of the state system by legal means, such as: a referendum, re-election of the president, refusal to vote. In his articles Stomakhin B.V. really justified terrorist acts, but in a conversation with him Stomakhin B.V. explained that he was outraged that during the hostilities in Chechnya, Russian servicemen mistreat the civilian population of Chechnya, so terrorist acts are a response of Chechens for the death of civilians. The ultimate goal pursued by Stomakhin B.V. in their articles - this is the end of the Chechen war.

witness Novodvorskaya The.AND. testified that she knew Stomakhina B.V. about four years old, met him at a time when Stomakhin B.V., guided by excessive patriotism, went to various rallies and chose a party for himself, the political platform of which could serve to achieve his goals. Stomakhin B.V. was in various organizations and eventually joined the democratic movement. Communicating with Stomakhin B.V., she came to the conclusion that he was promoting the following views: adherence to the constitutional order, being a staunch anti-communist, he was zealous in protecting the rights of national minorities and in no way advocated ethnic hatred in his speeches and, moreover, , Stomakhin B.V. was an ardent opponent of the Chechen war. She had never heard that Stomakhin B.V. proposed to hold unsanctioned rallies (

a line of completely unprinted text, it is impossible to read!)

He believes that Stomakhin's statements do not apply to the entire Russian people, but to those who do not support a democratic constitutional system. She does not know such a party as the Radical Contact Association, because. such a party does not exist, but consists of its only member - Stomakhin B.V. She articles Stomakhin B.V. I didn’t read it, but considers his articles a cry from the heart” I didn’t see the Radical Politics bulletin at any of the rallies; I didn’t see Stomakhin handing out the Radical Politics bulletin. Stomakhin B.V. participated in democratic actions, but actively participated in them did not accept, only held posters of a human rights democratic persuasion.In her opinion, the statements of B.V. regards the overthrow of the existing president as a call for a legal way to overthrow the president, namely through re-elections and impeachment.She believes that Stomakhin B.V. is not guilty of what he is accused of, but is guilty of compromising the general democratic and Chechen movement.

Assessing the testimony of the above defense witnesses, the court without questioning the reliability of their testimony, at the same time draws attention to, that the witnesses Karamyan E.Yew. and Novodvorskaya V.I. in their testimony, they assessed the conclusion of the psychological and linguistic examination and the indictment in the criminal case, their testimony does not relate to the actual circumstances of the criminal case under consideration, does not cast doubt on the guilt of Stomakhin B.V. and do not affect the conclusions of the court on his guilt.

The arguments of the defendant Stomakhina B.The. and his defenders that the information bulletin "Radical Politics" is not a mass media, the court finds untenable. The court found that Stomakhin B.V., being the editor-in-chief, issued the information bulletin "Radical Politics", which had a permanent title, an indication of the current number of the publication, the bulletin was published monthly, was intended for an unlimited circle of people, the place of sale of the bulletin and the possibility of subscriptions to it. Considering that the requirements imposed by the Law of the Russian Federation "On the Mass Media" to the published printed materials are observed, the court recognizes published by Stomakhin B.V. information bulletin "Radical Politics" by the mass media.

To the version of the defense that the witness Levit S.A. could not be a random passer-by, but is a provocateur and an employee of the special services, gives false testimony, in connection with which the testimony of witness Levit S.A. subject to exclusion from evidence, the court is critical, t.to. it is refuted by the testimony of the witness Levit S.A., interrogated at the court session, who testified that, returning home from work, he became an accidental witness to a rally taking place on Pushkinskaya Square in Moscow, at which he bought from Stomakhin B.V. two copies of the information bulletin "Radical Politics", which he later gave to the police officers. Neither the preliminary investigation authorities nor the court established the involvement of Levit S.A. to the special services, and the defense did not present such evidence to the court. Levit S.A. at the hearing explained that no hostility to the defendant Stomakhin B.The. he does not, and the only motive that served as his appeal to the police was indignation at the articles published in the Radical Politics bulletin. The court has no reason not to trust the testimony of witness Levit SA, t.to. they are objective and consistent. Considering that the interrogation of the witness Levit SA, carried out during the preliminary investigation, complies with the requirements of the Code of Criminal Procedure of the Russian Federation, the circumstances under which the witness was interrogated are related to the criminal case under consideration, the testimony set out in the protocol witness Levit SA. confirmed during his interrogation at the hearing, the court recognizes the protocol of interrogation Levit SA. evidence in the case.

The court is also critical of the arguments of Nersisyan's lawyer K.G. on the exclusion from the number of evidence protocol interrogation witness Lavrova VA, t.to. interrogation of witness Lavrova The.A. was conducted in accordance with the requirements of the criminal procedure legislation, the interrogation conducted by the appropriate person, circumstances, which interrogated witness Lavrova The.A. are relevant to the present case, in connection with which the court sees no reason to exclude the minutes of interrogation of witness Lavrova The.A. from among the evidence and recognizes them as admissible evidence.

In addition, the court notes that the disagreement of the defense with the substance of the testimony of witnesses Levit SA. and Lavrova V.A., set out in the protocols of their interrogations, does not indicate the receipt of these documents in violation of the requirements of the Criminal Procedure Law of the Russian Federation and does not entail the recognition of their inadmissible evidence in the manner prescribed by Art. 75 Code of Criminal Procedure of the Russian Federation.

The arguments of the defendant Stomakhina B.The. that he did not distribute the information bulletin "Radical Politics", printed it for himself and for his friends, the court finds untenable, because. they are refuted by the evidence available in the case file, namely: the testimony of the witness Lavrova V.A., given by her during the preliminary investigation, from which it follows that while at the rally she acquired from Stomakhin B.V. two copies of the information bulletin "Radical Politics", which were subsequently issued to law enforcement agencies; the testimony of witness Levit SA, who testified that at the rally held on Pushkinskaya Square in Moscow, he purchased from Stomakhin B.V. two copies of the information bulletins "Radical Politics", statements of citizens who were not previously familiar with Stomakhin B.V. and do not belong to the circle of his friends, available in the case file, in which they ask to involve Stomakhin B.V. to responsibility for the articles they read in the "Radical Politics" bulletin, distributed on various Internet sites and which contain calls for inciting ethnic hatred and overthrowing the constitutional order of the Russian Federation. In addition, the information bulletins of the RCS "Radical Politics" attached to the materials of the criminal case as material evidence and examined at the court session contain information about the subscription to the said bulletin, as well as the place of its distribution. The above indicates that Stomakhin B.The. distributed the information bulletin of the RKO "Radical Politics" both personally and via the Internet among an unlimited circle of people.

The court finds untenable arguments of the defendant Stomakhina B.The. and its defenders that in his articles he did not express any calls for extremist activity, did not call for the overthrow of the constitutional order, but, on the contrary, supported the constitutional order and the Constitution of the Russian Federation, did not criticize Orthodoxy, did not call for interethnic hatred, supported the right of the Chechen people to self-determination, used the right granted to him by the Constitution of the Russian Federation and the Law of the Russian Federation on "Mass Media" to freedom of thought and speech. In accordance with Art. 29 part 1 of the Constitution of the Russian Federation everyone is guaranteed freedom of thought and speech, that is, the spiritual and creative freedom of a person, expressed in the open and unhindered expression of ideas, opinions, and beliefs by everyone. Freedom of thought and speech is the basis of ideological diversity, a condition for the exercise of the rights and freedoms of citizens. Freedom of speech and thought has its limits, because imposes special duties and special responsibilities.

Related to this are certain restrictions on freedom of thought and speech, which relate to the rights of others, the protection of state security, public order and the morality of the population. Stomakhin B.V., using the right to freedom of speech guaranteed to him by the Constitution of the Russian Federation, being the editor-in-chief of the bulletin "Radical Politics", publishing in the bulletin his articles and articles of his like-minded people, in which, according to the conclusion of a psychological and linguistic examination, recognized by the court as evidence in the case, there are calls that incite hatred and enmity, humiliation of human dignity, there are calls for the destruction of the Russian state and the overthrow of the constitutional order of the country, the actions of Chechen terrorists associated with terrorist acts are presented to readers as heroic deeds, in connection with which, the court concludes that that the actions of Stomakhina B.V. form a composition of criminally punishable acts, which is an abuse of law, a violation of the Constitution of the Russian Federation, namely Part 2 of Art. 29, which does not allow propaganda or agitation that incites social, racial, national or religious hatred and enmity, prohibits propaganda of social, racial, national, religious or linguistic superiority, as well as violation of Art. 4 of the Law of the Russian Federation "On the Mass Media", which prohibits the use of mass media for the purpose of committing criminal acts, the dissemination of materials containing public calls for terrorist activities or publicly justifying terrorism and other extremist materials, as well as the Federal Law "On countering extremist activities."

In accordance with the Law of the Russian Federation "On the Mass Media" it is forbidden to use the right of a journalist to disseminate information in order to discredit certain categories of citizens solely on the grounds of gender, age, race or nationality, language, attitude to religion, and for the abuse of the rights of a journalist, liability is provided in in accordance with the current legislation of the Russian Federation.

The arguments of the defendant Stomakhina B.The. that the authorship of some of the articles imputed does not belong to him, and that he took articles from other mass media and the Internet, the court finds untenable. As established in the case, Stomakhin B.V., being the editor-in-chief, acting within the framework of the Law of the Russian Federation "On the Mass Media" granted to him, as the editor-in-chief, was engaged in the formation of the information bulletin "Radical Politics", carried out a selection in the bulletin published by him, set the titles of the articles. Under such circumstances, in accordance with the Law of the Russian Federation "On the Mass Media", it is Stomakhin B.V., as the editor-in-chief of the published bulletin, who is responsible for the published material.

The Court is critical of the arguments of the defense that in relation to Stomakhin B.The. Previously, criminal cases were initiated on suspicion of committing a crime under Art. 280 of the Criminal Code of the Russian Federation, however, they were terminated due to the absence of Stomakhin B.V. corpus delicti, in connection with which this criminal case is also subject to termination, t.to. Stomakhin B.V. brought to criminal responsibility for the same actions for which decisions were previously made to refuse to initiate a criminal case. Indeed, in the materials of this criminal case there are decisions to terminate the criminal case against Stomakhin B.V. due to the absence of corpus delicti in his actions, while the court draws attention to the fact that criminal cases were initiated in the period from 2000 to 2002, articles published in the Radical Politics newsletter were submitted for research, but not those that charged with guilt Stomakhin B.V. on the present case.

The court cannot agree with the arguments of the lawyer Nersisyan K.T. about: that on November 19, 2003, at the request of Lavrova V.A. investigator of the Prosecutor's Office of the North-East Administrative District of Moscow Ustyugov M.The. a decision was made to refuse to initiate a criminal case against Stomakhin B.V. resolution investigator Ustyugova M.The. was canceled and is therefore null and void.

The arguments of the defendant Stomakhina B.The. and lawyer Golubev A.M. that the Chechen people have the right to armed struggle since the Chechen Republic was illegally incorporated into the Russian Federation cannot be recognized as wealthy, since in accordance with Part 1 of Art. 65 of the Constitution of the Russian Federation, the Chechen Republic is a subject of the Russian Federation. Changing the status of a subject of the Russian Federation in accordance with the provisions of Art. 66 of the Constitution of the Russian Federation is possible by mutual agreement of the subject and the Russian Federation in accordance with the federal constitutional law. Thus, contained in the publications of Stomakhin B.V. calls for a violent change in the constitutional order and justification of the terrorist activities of separatists form part of a criminally punishable act.

At the hearing, the prosecutor asked to be excluded from the volume of charges defendant Stomakhin B.The. the wording of the accusation "In the bulletin No. 2 (40) February-March 2004, on page 1, in the publication" March 14 - "The Apotheosis of Slavery. Statement of the RKO" "dated 09.01.2004, Stomakhin B.V. gave negative emotional assessments and humiliating characteristics of members of the Communist Party (CPRF) as a social group, because the Communist Party of the Russian Federation is not a social group, the publication "These are the priests in the Russian Orthodox Church ...", because Stomakhin B.V. has the right to criticize the actions of any clergyman, to exclude from the plot of the accusation the placement of an illustration - a poster for the material "No comments", containing an image of a man in military uniform with a banner in his hands and a bandage on his sleeve, on which a fascist swastika is depicted, since it is not a deliberate demonstration of Nazi symbols. The court agrees with the arguments charges and excludes the above wording of the charge from the scope of the charges.

At the same time, the court also considers it necessary to exclude the defendant Stomakhin B.The. from the scope of the charges. an indication that in the newsletter "Radical Politics" No. 9 (35) of September 2003, in the text "GB Brigade" Stomakhin B.V. gave a negative emotional assessment and a humiliating characterization used in relation to individuals holding political and state positions in the state, carrying out in one way or another the fight against criminals and terrorists - Elena Volgust, Irina Shurygina, Vladislav Shurygin, Nikolai Bondarik, as representatives of a social group, because the listed persons cannot be attributed to a social group, statements from them, on the involvement of Stomakhin B.V. was not held liable for defamation.

The court excludes from the scope of the defendant's charges an indication of bringing earlier to criminal liability, t.to. these circumstances are not the circumstances of the commission of the crime.

The court also excludes from the scope of the charge an indication that Stomakhin B.The. asserted the superiority of one religion over another. Although at the hearing set, that Stomakhin B.The. gave in his articles degrading characteristics of the Orthodox religion, which affected the feelings of believers, but there is no evidence that Stomakhin B.V. expressed the superiority of any religion over the Orthodox in the court session was not obtained.

Assessing the collected evidence in the case in their totality, the court finds that the guilt of the defendant Stomakhina B.The. established and proven. The actions of the defendant the court qualifies for hours. 2 Article. 280 of the Criminal Code of the Russian Federation, since Stomakhin B.The. made public calls for the implementation of extremist activities using the media, as well as under Part 1 of Art. 282 of the Criminal Code of the Russian Federation, since Stomakhin B.The. committed actions aimed at inciting hatred or enmity, as well as humiliating the dignity of a person or a group of persons on the basis of gender, race, as well as belonging to any social group, committed publicly using the media, namely: being the editor-in-chief of the information bulletin RKO "Radical Politics", which Stomakhin B.V. distributed among a circle of people, both personally and using a computer network, printed articles aimed at inciting national, racial or religious hatred, called for reprisal against the Russian people, humiliated the national dignity of the Russian people. The articles contained calls for extremism, namely, the overthrow of the President of the Russian Federation and the constitutional order of the country.

On the intent to commit the incriminated Stomakhin B.The. acts is indicated by the fact that, realizing the public orientation of the appeals contained in his articles, which he published in the RKO information bulletin "Radical Politics", which he distributed among an unlimited circle of people, guided by the ideological rejection of the constitutional order of the country, he wanted to persuade citizens to carry out extremist activities and aroused hatred and enmity on the grounds of nationality, belonging to a religion, belonging to a social group.

In sentencing the defendant Stomakhin B.The. the court takes into account the nature and degree of public danger of the committed crime, the personality of the defendant, who is brought to criminal responsibility for the first time, is positively characterized at the place of residence, as well as the state of health of the defendant, the state of health of his mother, who is a disabled person of the 2nd group. These circumstances the court finds mitigating his punishment. The court also takes into account the impact of the imposed punishment on the correction of the defendant and on the living conditions of his family.

At the same time, the court takes into account the high social danger of the crimes committed by Stomakhin B.The., his personality and does not find it possible to correct the defendant Stomakhin B.The. without isolation from society, does not find exceptional circumstances in the case that entail the imposition of a sentence below the lower limit provided for by the criminal legislation of the Russian Federation and assigns him a punishment in the form of real deprivation of liberty. In view of the circumstances committed by Stomakhin B.The. crimes, identity of the defendant, the court considers it necessary to appoint Stomakhinu B.V. in a correctional colony of general regime.

Based on the aforesaid and guided by Article. Art. 307, 308 and 309 Code of Criminal Procedure of the Russian Federation, court

SENTENCED:

recognize STOMAKHIN BORIS VLADIMIROVICH guilty of committing crimes under Part 2 of Art. 280, part 1 of Art. 282 of the Criminal Code of the Russian Federation and sentence him:

According to part 2 of Art. 280 of the Criminal Code of the Russian Federation - in the form of imprisonment for a period of four years with deprivation of the right to engage in journalistic activities for a period of three years;

According to part 1 of Art. 282 of the Criminal Code of the Russian Federation - in the form of imprisonment for a period of one year and six months.

Based on Part 2 of Art. 69 of the Criminal Code of the Russian Federation, finally, by partial addition of sentences to be served, appoint FIVE years of imprisonment, with deprivation of the right to engage in journalistic activities for a period of THREE years, with serving the sentence in a penal colony of general regime. Sentence Stomakhinu B.The. calculate taking into account detention according to Art. Art. 91 and 92 of the Code of Criminal Procedure of the Russian Federation since March 22, 2006.

preventive measure Stomakhinu B.The. in the form of detention pending the entry into force of the sentence - leave unchanged.

Material evidence - information bulletins of the RKO "Radical Politics" Nos. 1 and 9 for 2003, 2 and 3 for 2004, three photographs from a rally on Pushkinskaya Square on March 10, 2004, copies of administrative cases against offenders detained at the Solovetsky stone 23 February 2004, copies of the orders of the Prefect of the Central Administrative District of Moscow, kept with the file - leave with the file.

Physical evidence - items seized during the seizure in the Kitai-Gorod police department of Moscow, items and documents seized during a search at Stomakhin B.V. into legal force - to destroy.

The verdict can be appealed in cassation to the Moscow City Court within ten days from the date of its announcement, and by convicted persons held in custody within the same period, but from the date of handing him a copy of the verdict. In the case of filing a cassation appeal, the convict has the right to petition for his participation in the consideration of the case by the court of cassation.

Chairperson: /signature of the chairperson/

Sources

• The text of the court verdict to journalist Boris Stomakhin // Human rights in Russia. 2006. November 28.