Decision of the Moscow City Court to ban the NBP dated April 19, 2007

We publish the text of the decision of the Moscow City Court on the prohibition of the National Bolshevik Party of April 19, 2007. The National Bolsheviks put forward a number of claims of a legal nature to this decision.

SOLUTION IN THE NAME OF THE RUSSIAN FEDERATION

04/19/2007

Moscow City Court composed of:

presiding Nazarova A.M.,

with the participation of prosecutors Semenova AND.The., Klykova Oh.The. and Kiseleva A.V.,

lawyer Belyak S.V.,

under Secretary Fomina A.S.,

Having examined in open court a civil case No. 3-91/2007 on the application of the Prosecutor of the city of Moscow on the recognition of the interregional public organization "National Bolshevik Party" as extremist and on the prohibition of its activities in accordance with Art. 7 and 9 of the Federal Law "On counteracting extremist activity",

SET UP:

On September 8, 1993, the Department of Justice for the Moscow Region registered under No. 473 and re-registered on January 23, 1997, the interregional public organization "National Bolshevik Party". On March 26 and July 4, 1998, changes and additions to the charter of this organization were registered.

The First Deputy Prosecutor of the Moscow Region applied to the Moscow Regional Court for the liquidation and exclusion of the interregional public organization "National Bolshevik Party" from the Unified State Register of Legal Entities on the grounds provided for by Article 44 of the Federal Law of May 19, 1995 No. 82-FZ "On public associations", in connection with repeated violations of the current federal legislation.

By the decision of the Moscow Regional Court of June 29, 2005, left unchanged by the decision of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation of November 15, 2005, the application of the First Deputy Prosecutor of the Moscow Region was satisfied, the interregional public organization "National - Bolshevik Party" was liquidated with exclusion from the Unified State Register of Legal Entities.

By decision of the Federal Registration Service of January 19, 2006, No. 6-139-SM, the registration of the political party "National Bolshevik Party" was denied.

Savenko E.V., Averin A.A., Volynets A.N. appealed against the decision of the Federal Registration Service to refuse registration of the party.

By the decision of the Tagansky District Court of Moscow of April 13, 2006, left unchanged by the decision of the Judicial Collegium for Civil Cases of the Moscow City Court of June 15, 2006, in satisfying the application of Savenko E.V., Averin A.A., Volynts A.N. . to challenge the decision of the Federal Registration Service of January 19, 2006 No. 6-139-SM was denied.

The prosecutor of the city of Moscow appealed to the Moscow City Court, specifying the requirements, with a statement on the recognition of the interregional public organization "National Bolshevik Party" as extremist and on the prohibition of its activities in the manner prescribed by Articles 7 and 9 of the Federal Law of July 25, 2002 No. 114-FZ "On Counteracting Extremist Activities" (as amended by Federal Laws No. 148-FZ of July 27, 2006, and No. 153-FZ of July 27, 2006).

In substantiation of the application, the prosecutor pointed out that the public organization "National Bolshevik Party" carries out its activities without forming a legal entity.

On January 26, 2007, the public organization "National Bolshevik Party" was issued a warning by the prosecutor's office of the city of St. Petersburg about the inadmissibility of extremist activity in accordance with Part 3 of Article 7 of the Federal Law "On Counteracting Extremist Activity" for committing actions of an extremist nature on November 22, 2006 by members of the St. city ​​branch of NBP NBP Musatov K.Yu., Chekunov S.V., Bashin M.A.

On February 8, 2007, the prosecutor's office of the Chelyabinsk region of the public organization "National Bolshevik Party" issued a warning about the inadmissibility of carrying out extremist activities in accordance with Part 3 of Article 7 of the Federal Law "On Counteracting Extremist Activities" for the commission by members of the Chelyabinsk regional branch of the 00 NBP Nazarov A.A. , Gerasimov I.N., Ogoltsov K.S. actions of an extremist nature. By the verdict of the Sovetsky District Court of Chelyabinsk dated November 8, 2006, these persons were found guilty and convicted of committing crimes under paragraph "c" part 2 of article 282, part 3 of article 212, part 2 of art. 280 of the Criminal Code of the Russian Federation.

On March 15, 2007, the Odintsovo City Prosecutor's Office of the Moscow Region issued a warning to the public organization "National Bolshevik Party" about the inadmissibility of carrying out extremist activities in accordance with Part 3 of Article 7 of the Federal Law "On Counteracting Extremist Activities" for the commission by members of the organization Chervochkin Yu.M., Klimov S.V. and Sidorin V.V. March 11, 2007 actions of an extremist nature.

Thus, the organization was warned three times during the period established by Part 4 of Article 7 of the Federal Law "On Counteracting Extremist Activity" about the inadmissibility of carrying out extremist activity, which, in the prosecutor's opinion, is the basis for recognizing the organization as extremist and forbidding its activities.

The prosecutor argues that the above circumstances give reason to believe that the organization operates in at least three constituent entities of the Russian Federation, in connection with which, in accordance with Part 3 of Art. 14 of the Federal Law "On Public Associations" it is interregional. The National Bolshevik Party has never had the status of an all-Russian public organization, and currently operates without state registration.

Addressing the above requirements to the Moscow City Court at first instance, the prosecutor indicated in the application that, in accordance with clause 3, part 1, article 26 of the Code of Civil Procedure of the Russian Federation, cases on the prohibition of the activities of interregional public associations that are not legal entities are within the jurisdiction of the supreme court of the republic, the regional regional the court, the court of the city of federal significance, the court of the autonomous region and the court of the autonomous district.

Article 28 Clause 6, Part 6, Art. 21 of the Federal Law "On Public Associations" obliges public associations to provide information about the address (location) of the permanent governing body of a public association, through which communication with a public association is carried out, only upon state registration. For public associations operating without forming a legal entity, the law does not establish such a norm.

On behalf of the public organization "National - Bolshevik Party", acting without the formation of a legal entity, its leader Savenko Eduard Veniaminovich, who lives in Moscow and is registered at the address: Moscow, st. Novoalekseevskaya, 13, k.1, kv.9. The existence and location of any other permanent governing body of the NGO “National Bolshevik Party” is currently unknown to the applicant.

At the hearing the representatives of the Prosecutor of the city of Moscow Semenova AND.The., (by proxy) Klykova Oh.The. and Kiselev A.V. supported the claims.

Appeared at the hearing Savenko E.The. did not recognize the stated demands and explained that he was not the leader of the National Bolshevik Party, although he had always been and remains its leader. In connection with the liquidation and exclusion from the Unified State Register of Legal Entities of the interregional public organization "National Bolshevik Party", as well as the refusal to register the National Bolshevik Party, it does not currently carry out any activity, and it, as a private individual, cannot be held responsible for the activities of the persons indicated in the prosecutor's statement, while indicating that the guilt of many of them in committing extremist acts has not yet been established.

After hearing the representatives of the prosecutor of the city of Moscow Semenov AND.The., (by proxy) Klykova Oh.The. and Kiseleva A.V., Savenko E.V., his lawyer Belyak S.V. Having examined the written materials of the case, video recordings of audio recordings, the court finds the statement of the Prosecutor of the city of Moscow on recognizing the interregional public organization "National Bolshevik Party" as extremist and on the ban on its activities as justified and subject to satisfaction on the following grounds.

In accordance with the provisions of Articles 7 and 9 of the Federal Law of July 25, 2002 N 114-FZ "On Counteracting Extremist Activities" (as amended by Federal Laws of July 27, 2006 N 148-FZ, The Russian Federation is prohibited from creating and operating public and religious associations, other organizations whose goals or actions are aimed at carrying out extremist activities (Part 1 of Article 9).

In the event that a public or religious association or other organization reveals evidence of the presence in their activities, including in the activities of at least one of their regional or other structural divisions, signs of extremism, a warning is issued in writing about the inadmissibility of such activities, indicating specific grounds for issuing a warning, including committed violations. If it is possible to take measures to eliminate the committed violations, the warning also establishes a time limit for the elimination of these violations, which is at least two months from the date of issuance of the warning.

A warning to a public or religious association or other organization shall be issued by the Prosecutor General of the Russian Federation or an appropriate prosecutor subordinate to him. A warning to a public or religious association may also be issued by the federal executive body in the field of justice or its respective territorial body.

The warning may be appealed to the court in accordance with the established procedure.

If the warning was not appealed to the court in accordance with the established procedure or was not recognized by the court as illegal, and also if, within the period specified in the warning, the relevant public or religious association, or other organization, or their regional or other structural subdivision did not eliminate the violations that served as grounds for issuing a warning, or if new facts are revealed within twelve months from the date of issuance of the warning, indicating the presence of signs of extremism in their activities, in accordance with the procedure established by this Federal Law, the relevant public or religious association or other organization is subject to liquidation, and the activities of a public or religious an association that is not a legal person is subject to prohibition (Article 7).

In the case provided for by Part 4 of Article 7 of this Federal Law, or in the event that a public or religious association, or another organization, or their regional or other structural subdivision, carries out extremist activity that entails a violation of the rights and freedoms of a person and a citizen, causing harm to a person, health of citizens, the environment, public order, public safety, property, the legitimate economic interests of individuals and (or) legal entities, society and the state, or creates a real threat of causing such harm, the relevant public or religious association or other organization may be liquidated, and the activity of a relevant public or religious association that is not a legal entity may be prohibited by a court decision on the basis of an application by the Prosecutor General of the Russian Federation or a relevant prosecutor subordinate to him (Article 9).

Thus, the above provisions of the Federal Law establish special legal grounds for the liquidation of a public association or the prohibition of the activities of a public association that is not a legal entity.

The following circumstances served as the basis for the appeal of the Prosecutor of the city of Moscow to the court with the specified requirements:

On January 26, 2007, the public organization "National Bolshevik Party" was issued a warning by the prosecutor's office of the city of St. Petersburg city branch of NBP NBP Musatov K.Yu., Chekunov S.V., Bashin M.A.

On February 8, 2007, the prosecutor's office of the Chelyabinsk region of the public organization "National - Bolshevik Party" issued a warning about the inadmissibility of extremist activities in accordance with Part 3 of Article 7 of the Federal Law "On Counteracting Extremist Activities" for the commission by members of the Chelyabinsk regional branch of the NBP Nazarov A.A. , Gerasimov I.N., Ogoltsov K.S. actions of an extremist nature. By the verdict of the Sovetsky District Court of Chelyabinsk dated November 8, 2006, these persons were found guilty and convicted of committing crimes under paragraph "c" part 2 of article 282, part 3 of article 212, part 2 of art. 280 of the Criminal Code of the Russian Federation.

On March 15, 2007, the Odintsovo City Prosecutor's Office of the Moscow Region issued a warning to the public organization "National Bolshevik Party" about the inadmissibility of carrying out extremist activities in accordance with Part 3 of Article 7 of the Federal Law "On Counteracting Extremist Activities" for the commission by members of the organization Chervochkin Yu.M., Klimov S.V. and Sidorin V.V. March 11, 2007 actions of an extremist nature.

Since, within twelve months from the date of issuance of the warning, new facts were revealed that testify to the presence of signs of extremism in the activities of the specified public organization, the prosecutor believes that there are grounds for banning its activities.

In addition, none of these warnings was challenged in court in accordance with the procedure established by law and was not recognized by the court as illegal.

Objecting to the stated requirements, Savenko E.The. and his lawyer Belyak S.V. at the court session they argued that the National Bolshevik Party, neither as an interregional public organization, nor as an all-Russian political party, does not carry out its activities in any of the regions of the Russian Federation, since it was liquidated by a court decision that entered into force on November 15, 2005 and excluded from the Unified State Register of Legal Entities, and its registration as an all-Russian political party was denied. The circumstances set forth in the prosecutor's statement only testify to the actions of persons who have nothing to do with the activities of the party and do not confirm the applicant's arguments that the party continues its activities on the territory of several regions of the Russian Federation. Moreover, Savenko E.V. argued that the guilt of these citizens in committing unlawful acts has not been established to date. Since the activity of the party as a public organization is not carried out, there is also no permanent governing body.

Meanwhile, the statements of Savenko E.V. are unfounded and contradict the evidence collected in the case, which were examined at the court session and undeniably confirm that the public organization "National Bolshevik Party" still operates on the territory of several constituent entities of the Russian Federation, in particular, on the territory of the Moscow and Chelyabinsk regions , St. Petersburg and Moscow.

At the hearing Savenko E.The. claimed that he is the founder, creator, leader of the National Bolshevik Party.

The events indicated in the prosecutor's statement and which served as the basis for applying to the court with demands to ban the activities of a public organization that is not a legal entity, took place after the liquidation of the National Bolshevik Party NGO and its exclusion from the Unified Register of Legal Entities, i.e. after November 15, 2005 (the date when the decision of the Moscow Regional Court of June 29, 2005 came into force), namely, from the end of 2005 to March 2006, in November 2006, in March 2007 .

On November 08, 2006, Alexander Nazarov, Ivan Nikolaevich Gerasimov, Konstantin Sergeevich Ogoltsov were found guilty of committing a crime under paragraph "c" of part 2 of Article 282 of the Criminal Code of the Russian Federation, expressed in the commission of actions aimed at inciting hatred, enmity, humiliation of human dignity, a group of persons, on the basis of gender, race, nationality, language, origin, attitude to religion, as well as belonging to any social group, committed by an organized group, publicly, using means mass media; as well as in the commission of a crime under part 3 of article 212 of the Criminal Code of the Russian Federation, expressed in mass riots, that is, calls for violence against citizens; and a crime under part 280 of the Criminal Code of the Russian Federation, expressed in public calls for extremist activities, committed with the use of the media.

The court verdict established that these persons were members of an unregistered association - the Chelyabinsk regional branch of the National Bolshevik Party, illegal actions were committed by them during 2005-2006.

According to paragraph 4 of Art. 61 of the Code of Civil Procedure of the Russian Federation, a court verdict in a criminal case that has entered into legal force is binding on the court considering the case on the civil law consequences of the actions of the person against whom the court verdict was issued, on whether these actions took place and whether they were committed by this person.

From the above legal norm it follows that the conclusions of the verdict on two issues are prejudicial for a civil case: 1) whether the actions themselves took place and 2) whether they were committed by this person.

Thus, the conclusions of this court verdict on the commission of Nazarov A.A., Gerasimov IN, Ogoltsov K.S. the crimes specified in it are prejudicial for the present civil case.

The fact that these persons were members of an unregistered association - the Chelyabinsk regional branch of the "National Bolshevik Party" is confirmed not only by the verdict that has entered into force, but also by other materials of the case, in particular, the minutes of the conference on the formation of the regional branch of the political party "National Bolshevik party" of the Chelyabinsk Region dated November 10, 2005, received from the Federal Registration Service of the Ministry of Justice of the Russian Federation by the representative of the prosecutor and attached to the case file (volume 1 pp. 143-147), from which it is seen that they were not only members of this organizations, but were elected to the executive committee of the said regional branch.

Arguments Savenko E.The. that he himself personally condemns the actions of these persons, as a result of which a split occurred in the National Bolshevik Party, cannot be taken into account by the court, and have no legal significance for the case.

Explanations Savenko E.V. at the court session, numerous publications in the media, including those containing interviews and speeches by Savenko E.V., the content of which he did not dispute at the court session (volume 1, pp. 154-162), as well as attached to case materials at the request of a lawyer Belyaka C.The. extract from the minutes of the meeting of the political council of the political party "National - Bolshevik Party" dated March 11, 2006, at which a decision was made on the disagreement of the NBP with the actions of Nazarov A.A., Gerasimov I.N. and Ogoltsova K.S. and their exclusion from the members of the Chelyabinsk regional branch of the NBP (volume 2, pp. 217-218), only confirm the applicant’s arguments that the National Bolshevik Party, after its liquidation, as an interregional public organization, not being a legal entity, carried out its activities, and the said persons found guilty of committing extremist acts by a court verdict were members of the Chelyabinsk regional branch of the NBP.

The events that took place on November 22, 2006 in the building of the Legislative Assembly of St. Petersburg, with the participation of Musatov K.Yu., Chekunov S.V., Pavlenko V.L., Bashin M.A. and Milyuka A.N., which served as the basis for the deputy prosecutor of the city of St. Petersburg to announce a warning to the public organization "National Bolshevik Party" (volume 1 pp. 52-53), also testifies to the activities of this organization.

The circumstances, set out in the said warning, were not actually disputed by Savenko E.The. However, he argued that these persons have nothing to do with the activities of the NBP, they are not and cannot be its members, since such an organization does not exist and does not carry out any activity.

Meanwhile, the statements of Savenko E.V. refuted by the evidence. According to the protocol of the conference of the regional branch of the Interregional public organization "National - Bolshevik Party" of St. Petersburg dated June 07, 2004, received from the Federal Registration Service of the Ministry of Justice of the Russian Federation by the representative of the prosecutor and attached to the case file (volume 1 sheet 114 -116), Bashin M.A. was present at this conference as a member. He was also included in the list of delegates to the founding congress of the NBP political party from St. Petersburg on November 29, 2004 (volume 1 case file 128), and was also a member of the Central Control and Auditing Commission of the NBP political party, which follows from list of members of this commission (vol. 1, case file 153). Pavlenko E.Ya. according to the protocol of the conference on the formation of the regional branch of the NBP political party of October 12, 2005, he was elected a member of the executive committee of this branch of the NBP and included in the list of participants in this conference (vol. 1 pp. 135, 139). Milyuk A.N. was a participant in the conference on the formation of a regional branch of the political party NBP of the Leningrad Region dated October 15, 2005, according to the list provided by the Federal Registration Service of the Ministry of Justice of the Russian Federation (volume 1, case sheet 141).

In addition, representatives of the prosecutor presented to the court copies of the protocols of interrogation as a suspect and accused Bashina M.A. dated November 27, 2006 (vol. 2, pp. 126-140), a copy of the protocol of interrogation as an accused Chekunov S.V. dated December 14, 2006 (vol. 2, pp. 141-151), copies of the protocols of the interrogation of K.Yu. Musatov as an accused. dated December 27, 2006 and March 12, 2007 (vol. 2, pp. 152-156, 168-172), which were carried out by A.S. in the course of the investigation of a criminal case initiated by the prosecutor's office of the Admiralteisky district of St. Petersburg on the grounds of the elements of a crime under Art. 318 ChL, 319 of the Criminal Code of the Russian Federation in relation to Musatov Konstantin Yuryevich, Chekunov Sergey Viktorovich, Pavlenko Evgeny Yakovlevich, Bashin Mikhail Alexandrovich, Milyuk Andrey Nikolaevich. From the content of these protocols it follows that Bashin M.A., Chekunov S.V., Musatov K.Yew. during interrogations, they indicated that they were members of the unregistered National Bolshevik Party, headed by Savenko E.V.

Dmitriev Andrey Yuryevich, assistant to the deputy of the Legislative Assembly of the Leningrad Region, interrogated by the investigator of the prosecutor's office of the Admiralteisky district of the city of St. Petersburg Kulikov A.S. During the investigation of this criminal case, on February 26, 2007, as a witness, he explained that he was the informal leader of the informal St. Petersburg organization of the NBP. The total number of members of the organization, in his opinion, is about 1000 people. The NBP also has Internet sites for regional branches. Members of the organization are not formally registered anywhere, but you can apply on the general Internet site of the NBP and subsequently from Moscow, the registered person is sent a certificate of a member of an unregistered NBP party.

The Court considers that copies of the protocols of the interrogation of the above persons are written admissible evidence in this case, since they were obtained in the course of the commission of procedural actions by the proper official in criminal proceedings. The data contained in them correspond to other evidence in the case, collected and examined by the court in the aggregate.

Furthermore the arguments Savenko E.The. that the actions committed on November 22, 2006 in the building of the Legislative Assembly of St. Petersburg, with the participation of Musatov K.Yu.,. Chekunova S.V., Pavlenko V.L., Bashina M.A. and Milyuka A.N. have nothing to do with the activities of the NBP, are insolvent.

At the hearing, newspapers, video and audio recordings with speeches by E.V. Savenko were reviewed. as the leader of the unregistered National Bolshevik Party at rallies in St. Petersburg, Moscow, on the radio, where he spoke in support of the "National Bolsheviks" Sergei Chekunov and Mikhail Bashin, in particular, in an interview in the newspaper "New Petersburg" dated 08 February 2007 No. 5 (819) (vol. 2, pp. 44,46), in an interview on January 31, 2007 at the radio station "Echo of Moscow" in St. Petersburg (vol. 2, pp. 108- 117).

Evaluating the evidence collected in the case, the court concludes that the events of November 22, 2006 in the building of the Legislative Assembly of St. Petersburg, with the participation of Musatov K.Yu., Chekunov S.V., Pavlenko V.L., Bashin M.A. and Miliuk A.N., only confirm that the National Bolshevik Party carries out its activities without being a legal entity.

On March 15, 2007, the Odintsovo City Prosecutor's Office of the Moscow Region again issued a warning to the public organization "National Bolshevik Party" about the inadmissibility of carrying out extremist activities for committing members of the organization Chervochkin Yu.M., Klimov S.V. and Sidorin V.V. actions of an extremist nature on March 11, 2007 in the premises of polling station No. 1763, located at the address: Moscow Region, Odintsovo, st. Marshal Zhukov, house 26 in the city house of officers.

Savenko E.V. and his lawyer Belyak S.V. at the hearing again argued that the actions of the persons referred to in the warning prosecutor, Chervochkina Yew.M., Klimov C.The. and Sidorina V.V. March 11, 2007 in the premises of polling station No. 1763, do not indicate the existence of the activities of a public organization, but are just the actions of individual citizens who are not related to the activities of the NBP, which does not exist at present.

Meanwhile, these allegations are refuted by the case materials, namely, copies of procedural documents presented to the court in a criminal case initiated by the Odintsovo City Prosecutor's Office of the Moscow Region on the grounds of a crime under paragraph "c" part 2 of Art. 141 of the Criminal Code of the Russian Federation.

As follows from the decision of the Odintsovo City Prosecutor's Office of the Moscow Region on the initiation of a criminal case dated March 11, 2007 (volume 2, case file 178), the following factual circumstances served as the basis for initiating a criminal case: on March 11, 2007 at about 10:30 a.m. . in the premises of polling station No. 1763, located at the address: Odintsovo, st. Marshal Zhukov, 26, Chervochkin Yu.M., Klimov S.V., Sidorin V.V. during the voting period, deliberately in order to prevent the free exercise of voting rights by citizens and the work of the election commission for elections to the Moscow Regional Duma, by a group of persons by prior agreement, they unfurled flags with the symbols of the National Bolshevik Party, lit pyrotechnic products - smoke torches, tried to scatter leaflets, and in order to disrupt the voting process, they tried to turn over the ballot box, but their illegal actions were stopped by police officers.

From the protocol of the inspection of the scene dated March 11, 2007 (volume l.d. 179-187), it is seen that pyrotechnic products, paper posters with the printed text: "Neither prisons nor bullets", in which in the lower right corner is the abbreviation "NBP", made in block letters.

From the protocol of examination of items and documents dated March 12, 2007 (volume 2 pp. 215-216) it follows that Yu.M. Chervochkin, S.V. Klimov, V.V. in the 1st GOM of the Odintsovo Department of Internal Affairs, the following were seized: 2 flags with the symbols of the NBP, leaflets, pyrotechnic products.

According to the personal search report Chervochkin Yew.M. dated March 11, 2007, at the scene of the incident, a flag with the symbols of the NBP was confiscated from him (volume 2, pp. 186-189).

As defendants in this case, by the decisions of the Odintsovo City Prosecutor's Office of the Moscow Region of March 19, 2007, Vladimir Vitalievich Sidorin and Yury Mikhailovich Chervochkin were brought in (volume 2, pp. 190-191).

In his speech on the Internet site "Grani.ru" dated March 29, 2007, the content of which Savenko E.V. at the hearing did not dispute (Volume 1, ld 154-155), Savenko E.V., evaluating the actions of the prosecutor's office on this statement, the involvement of Chervochkin Yew.M., Klimov S.The. and Sidorina V.V. did not deny the activities of the NBP, expressing support for their actions on March 11, 2007 at a polling station in Odintsovo, Moscow Region.

The above evidence in the case, which the court considers admissible, since it was obtained in accordance with the procedure established by the criminal procedure legislation, was directly examined in a court session with the participation of the parties, indicates that the activities of the NBP have been carried out so far without registration as a legal entity.

These circumstances are also confirmed by numerous speeches and interviews by Savenko E.V. in the media, the content of which he did not deny at the hearing.

In particular, newspapers, as well as audio and video recordings containing speeches by E.V. Savenko, leader of the NBP, were attached to the case file. at rallies, his radio interviews. The content of these printed materials, as well as recorded on audio and video media, which were examined at the hearing, Savenko E.The. did not dispute.

In the newspapers "March of Dissent" (vol. 2 pp. 2-9), as organizers of the march - participants in the national forum "Other Russia", among other public organizations, the NBP and its symbols are indicated. In addition, page 4 of one of the newspapers (volume 1 pp 3v) contains a speech by Eduard Limonov (Savenko EV), leader of the NBP.

The newspaper "Russian Courier" No. 11 (594) dated March 26 - April 1, 2007 (volume 2, pp. 15 vol. - 16) contains an interview with Savenko E.V., as one of the leaders of the radical opposition, with journalists at a meeting in the editorial office of "RK", in which he points out that the NBP is "a full-fledged political organization. It has existed longer than many official parties ... And since 1998, when we reached the size of an all-Russian party, we are denied the very fact of existence.The Ministry of Justice does not want to register us... ...we go with those with whom

we are on our way now. Sometimes there are common goals for which large coalitions of heterogeneous forces are created. The party must move forward, develop... As early as March 10, we had 20 political prisoners, and now, after actions during the elections, there are 23... ..the leader, of course, must share all the dangers with his comrades-in-arms.

A similar content of the interview of Eduard Limonov is given in the newspaper "Gazeta" No. 61 (1323) dated April 5, 2007 (volume 2 pp. 26, 30-31), as well as in the speech of Savenko E.V. at a rally held on December 16, 2006 on Triumfalnaya Square in Moscow (vol. 2, pp. 62 - 75), live on the Ekho Moskvy radio station on March 4, 2007 after the fact that took place on March 3, 2007 " March of Dissent" (vol. 2, pp. 77-90), live on the radio station "Echo of Moscow" on April 9, 2007 (vol. 2, pp. 91-107), in a speech by Savenko E.V. January 31, 2007 at the radio station "Echo of Moscow" (vol. 2 pp. 108-117), as well as at the NBP rallies near the prosecutor's office of St. Petersburg on January 31, 2007, the conference "Other Russia" on January 31, 2007 rally in Moscow on April 14, 2007 and April 15, 2007 (vol. 2 pp. 60-61).

All the above evidence, which were examined at the hearing in accordance with the requirements of Art. Art. 71, 77 Code of Civil Procedure of the Russian Federation, confirm with certainty that the National is a Bolshevik party that is not a legal entity, the leader of which is Savenko E.V. (E. Limonov), still carries out its activities.

The evidence collected in the case confirms that this activity of the specified public organization is carried out at least on the territory of three constituent entities of the Russian Federation, namely, on the territory of the Chelyabinsk region, St. Petersburg, Moscow region.

In accordance with Art. 14 of the Federal Law of May 19, 1995 N 82-FZ "On Public Associations" (as amended by the Federal Laws of May 17, 1997 N 78-FZ, of July 19, 1998 N 112-FZ, of March 12, 2002 N 26-FZ, No. 31-FZ of 21.03.2002, No. 112-FZ of 25.07.2002, No. 169-FZ of 08.12.2003, No. 58-FZ of 29.06.2004, No. 127-FZ of 02.11.2004, No. 127-FZ of 10.01.2006 18-FZ, dated 02.02.2006 N 19-FZ), all-Russian, interregional, regional and local public associations are created and operate in the Russian Federation.

An all-Russian public association is understood as an association that operates in accordance with its statutory goals in the territories of more than half of the constituent entities of the Russian Federation and has its own structural subdivisions there - organizations, departments or branches and representative offices.

An interregional public association is understood as an association that operates in accordance with its statutory goals in the territories of less than half of the constituent entities of the Russian Federation and has its own structural subdivisions there - organizations, branches or branches and representative offices.

A regional public association is understood to mean an association whose activities, in accordance with its statutory goals, are carried out within the territory of one subject of the Russian Federation.

Since the activities of the specified public organization, which is not a legal entity, are carried out in the territories of less than half of the constituent entities of the Russian Federation, and the court does not have other data and the parties have not submitted, this public organization should be considered interregional.

Since this interregional public organization does not have the status of a legal entity, in accordance with Article 7 of the Federal Law of July 25, 2002 N 114-FZ "On Counteracting Extremist Activity", its activities may be prohibited if there are grounds provided for in Articles 7 and 9 of this Federal law.

By virtue of the provisions of Article 7 of the Federal Law, a public association or other organization, in the event of revealing facts indicating the presence in their activities, including in the activities of at least one of their regional or other structural divisions, signs of extremism, is issued a warning about the inadmissibility of carrying out extremist activities.

The basis for issuing a warning is the identification of facts indicating the presence in the activities of these legal entities, including in the activities of at least one of their regional or other structural divisions, signs of extremism.

A warning about the inadmissibility of carrying out extremist activities is issued in writing. At the same time, the text of the warning must contain an indication of the specific grounds for issuing the warning, including the violations committed.

The warning may be appealed to the court in accordance with the established procedure.

From the materials of the case, it is seen that on January 26, 2007, the prosecutor's office of the city of St. Petersburg of the public organization "National Bolshevik Party" represented by its leader Savenko (Limonov) E.V. (vol.1 pp. 52-53) a warning was issued about the inadmissibility of carrying out extremist activities.

As follows from the text of the warning, the basis for its issuance was the facts that members of the unregistered public organization NBP Bashin M.A., Musatov K.Yu., Chekunov S.V. extremist activities, revealed by the inspection of the prosecutor's office of the city of St. Petersburg.

As a result of an inspection by the prosecutor's office of the city of St. Petersburg, it was established that on November 22, 2006, at about 11 a.m. 15 minutes. Musatov K.Yu., Chekunov S.V., Pavlenko E.Ya., Bashin M.A. and Milyuk A.N., acting in an organized manner, by a group of persons, having the intent to insult representatives of the authorities, using violence that is not dangerous to life and health against inspectors of the service of the 1st police regiment No. 3 of the UVO at the Central Internal Affairs Directorate of St. Petersburg and the Leningrad Region, who were in the performance of their official duties for the protection of public order, thereby causing them physical pain, illegally entered the protected facility - the meeting room of the Legislative Assembly of St. Petersburg, located at the address: St. Petersburg, St. which the planned meeting was held, where, realizing their intention, acting publicly, in the presence of deputies of the Legislative Assembly of St. Meetings.

On November 24, 2006, the prosecutor's office of the Admiralteisky district of St. Petersburg in relation to Musatov K.Yu., Chekunov S.Yu., Pavlenko E.Ya., Bashina M.A., Milyuka A.N. initiated a criminal case on the grounds of the offenses under Art. Art. 318 h. 1, 319 of the Criminal Code of the Russian Federation.

The prosecutor in the warning indicated that the actions of these persons contain signs of extremist activity, expressed in obstruction of the legitimate activities of the Legislative Assembly of St. Petersburg, combined with violence, as well as in the use of violence against representatives of state power - inspectors of the 1st police regiment No. UVO at the Central Internal Affairs Directorate of St. Petersburg and the Leningrad Region in connection with the performance of their official duties, provided for in sub. 10, 12 p. "a" part 1 of Art. 1 of the Federal Law "On counteracting extremist activity". Musatov K.Yu., Chekunov S.V., Bashin M.A. are members of the public organization "National Bolshevik Party".

This warning was sent to Savenko E.V. at the address of his place of residence indicated in the case: Moscow, st. Novoalekseevskaya, house 13, building 1, apt. 9 (vol. 1, pp. 40-44, 62-64).

At the hearing Savenko E.The. did not dispute that he received the above warning from the prosecutor of the city of St. Petersburg, but he did not appeal against it and is not going to appeal, since he considers that the warning was issued against a non-existent public organization.

A warning about the inadmissibility of carrying out extremist activities is appealed to the court in accordance with Chapter 25 of the Code of Civil Procedure of the Russian Federation, which regulates proceedings in cases of challenging decisions, actions (inaction) of state authorities, local governments, officials, state and municipal employees.

The court found that neither the Oktyabrsky District Court of St. Petersburg, nor any of the district courts of Moscow received applications (complaints) related to the appeal of the above warning (case file vol. 1, case file 70).

In accordance with subparagraph "a" of paragraph 1 of the Federal Law "On countering extremist activity", extremist activity (extremism) is the following actions:

a) the activities of public and religious associations, or other organizations, or editorial offices of the mass media, or individuals in planning, organizing, preparing and taking actions aimed at:

forcible change in the foundations of the constitutional order and violation of the integrity of the Russian Federation;

undermining the security of the Russian Federation; seizure or appropriation of power; creation of illegal armed formations;

carrying out terrorist activities or publicly justifying terrorism;

inciting racial, national or religious hatred, as well as social hatred associated with violence or calls for violence;

humiliation of national dignity;

the implementation of mass riots, hooligan actions and acts of vandalism based on ideological, political, racial, national or religious hatred or hostility, as well as on the grounds of 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;

obstruction of the lawful activities of state authorities, election commissions, as well as the lawful activities of officials of these bodies, commissions, combined with violence or the threat of its use;

public slander against a person holding a public office of the Russian Federation or a public office of a subject of the Russian Federation, in the performance of his official duties or in connection with their performance, combined with the accusation of the said person of committing the acts specified in this article, provided that the fact libel established in court;

the use of violence against a representative of state power or the threat of use of violence against a representative of state power or his relatives in connection with the performance of his official duties;

encroachment on the life of a statesman or public figure, committed in order to terminate his state or other political activities or out of revenge for such activities;

violation of the rights and freedoms of a person and a citizen, causing harm to the health and property of citizens in connection with their beliefs, race or nationality, religion, social affiliation or social origin;

creation and "(or) distribution of printed, audio, audiovisual and other materials (works) intended for public use and containing at least one of the signs provided for in this article;

The facts stated in the prosecutor's warning were not disputed in the manner prescribed by law, were not disputed at the court session and are confirmed by the evidence collected in the case, namely: copies of procedural documents obtained during the investigation of the criminal case initiated by the prosecutor's office of the Admiralteisky district of St. Petersburg: copies of the protocol of interrogation in as a suspect and accused Bashina M.A. dated November 27, 2006 (vol. 2, pp. 126-140), protocol of interrogation as an accused Chekunov S.V. dated December 14, 2006 (Vol. 2, pp. 14Y51), protocols of interrogation of K.Yu. Musatov as an accused. dated December 27, 2006 and March 12, 2007 (vol. 2, pp. 152-156, 168-172), in which Bashin M.A., Chekunov S.V., Musatov K.Yu., being members of the unregistered National Bolshevik Party, headed by Savenko E.V., they pointed to their actions in the meeting room of the Legislative Assembly, described in the warning of the prosecutor of St. Petersburg.

The court gave an appropriate assessment to the given evidence.

The Court considers that the actions committed by members of the public organization "National Bolshevik Party", expressed in obstruction of the legitimate activities of the Legislative Assembly of St. employees of the internal affairs bodies of St. Petersburg and the Leningrad Region in connection with the performance of their official duties, within the meaning of the above norm of the Federal Law, contain signs of extremist activity.

Based on the requirements of the Federal Law "On Counteracting Extremist Activity", the activities of a public organization that is not a legal entity are subject to a ban if:

1) the warning about the inadmissibility of carrying out extremist activities was not appealed to the court in the prescribed manner;

2) the warning has not been declared unlawful by the court;

3) within twelve months from the date of issuance of the warning, new facts have been revealed that indicate the presence of signs of extremism in their activities.

It follows from the materials of the case that on February 8, 2007, the prosecutor's office of the Chelyabinsk region of the public organization "National Bolshevik Party" again issued a warning about the inadmissibility of carrying out extremist activities.

The basis for issuing the warning was the discovery of the following facts.

During 2005-2006 in Chelyabinsk, being members of an unregistered association - the Chelyabinsk regional branch of the National Bolshevik Party, Nazarov A.A., Gerasimov I.N., Ogoltsov K.S. on the basis of this association, they created a close-knit organized group and took a number of deliberate actions aimed at inciting hatred, enmity, as well as the humiliation of the human dignity of a person, a group of persons on the basis of gender, race, nationality, language, origin, attitude to religion, belonging to some or social group. In addition, they made calls for extremist activities and calls for violence against citizens. These actions were committed by Nazarov A.A., Gerasimov IN, Ogoltsov K.S. publicly, and using the media - newspapers and the Internet.

Nazarov A.A., Gerasimov I.N., Ogoltsov K.S. at the beginning of 2005 in the city of Chelyabinsk, they organized the creation, replication and distribution of the newspaper "PARA BELLUM", in which they published articles aimed at achieving their intent to incite hatred, enmity and humiliation of human dignity, as well as articles that contained public appeals to violence against citizens and the implementation of extremist activities.

According to the assigned role, Gerasimov I.N. selected and independently wrote articles for the newspaper, answered questions related to its replication and distribution; Nazarov A.A., being the leader of the group, dealt with the general issues of publishing the newspaper (correction, making a computer version of the newspaper layout in the ??? format) and editing the newspaper "PARA BELLUM". Ogoltsov K.S. was engaged in the distribution of the newspaper and, at the direction of Nazarov A.A., interaction with the authorities and administration of the Chelyabinsk region to resolve issues related to the notification of pickets and the intention to distribute printed materials.

Nazarov A.A., Gerasimov I.N., Ogoltsov K.S. distributed various issues of the newspaper "PARA BELLUM" during weekly pickets, on Saturdays, from 12:00 to 14:00 next to the building located at the address: Chelyabinsk, pl. Revolution, house 1.

For these actions, which entered into force on November 21, 2006, by the verdict of the Soviet District Court of Chelyabinsk dated November 08, 2006, Nazarov A.A., Gerasimov I.N., Ogoltsov K.S. found guilty of committing a crime under paragraph "c" of Part 2 of Article 282 of the Criminal Code of the Russian Federation, expressed in the commission of actions aimed at inciting hatred, enmity, humiliation of human dignity, a group of persons, on the grounds of gender, race, nationality, language, origin, attitude towards religion, as well as belonging to any social group, committed by an organized group, publicly, using the media; as well as in the commission of a crime under part 3 of article 212 of the Criminal Code of the Russian Federation, expressed in mass riots, that is, calls for violence against citizens; and a crime under part 280 of the Criminal Code of the Russian Federation, expressed in public calls for extremist activities, committed with the use of the media.

In his warning, the prosecutor points out that these facts testify to the presence in the activities of the public organization "National Bolshevik Party" of signs of extremism, provided for in Art. 1 of the Federal Law of July 25, 2002 N 114-FZ "On Counteracting Extremist Activities".

At the hearing, it was found that this warning was also sent to Savenko E.The. at the address of his place of residence indicated in the case: Moscow, st. Novoalekseevskaya, house 13, building 1, apt. 9 (vol. 1, pp. 40-44, 65-66).

At the hearing Savenko E.The. also did not dispute that he had received a warning from the prosecutor of the Chelyabinsk region, but he did not appeal against it and is not going to appeal, since he considers that the warning was issued in relation to a non-existent public organization.

The court found that neither the Central District Court of Chelyabinsk, nor any of the district courts of Moscow received applications (complaints) related to the appeal of the above warning (volume 1 case file 69).

As indicated above, the court, which entered into force by the court verdict, as well as other evidence collected in the case, established facts indicating the presence in the activities of the public organization "National Bolshevik Party", which is not a legal entity, signs of extremism, provided for in paragraphs. "a" of paragraph 1 of Article 1 of the Federal Law "On Counteracting Extremist Activities"

The above facts were the basis for issuing a warning, which was not challenged in court in the prescribed manner.

It follows from the court's verdict that extremist actions by members of the NBP were committed during 2005 to March 2006.

Arguments Savenko E.The. that the actions of these persons, which he condemns, are not related to the activities of the NBP, do not correspond to its ideological principles and guidelines, the court finds unreasonable.

In accordance with Article 15 of the Federal Law "On Counteracting Extremist Activity" If the head or member of the governing body of a public or religious association or other organization makes a public statement calling for the implementation of extremist activity, without indicating that this is his personal opinion, and also in the event that a court verdict for an extremist crime comes into force against such a person, the relevant public or religious association or other organization is obliged, within five days from the day when the said statement was made, to publicly declare their disagreement with the statements or actions of such faces. If the relevant public or religious association or other organization does not make such a public statement, this may be considered as a fact indicating the presence of signs of extremism in their activities,

The head of the Public Organization "NBP" Savenko E.V., speaking in the media, giving interviews, holding press conferences, never once expressed his negative attitude or the attitude of the Public Organization "NBP" towards these persons.

Thus, within twelve months from the date of issuing the warning to the Public Organization "National Bolshevik Party" new facts were revealed that testify to the presence of signs of extremism in its activities.

Consequently, the repeated manifestation of the facts of extremism by virtue of the provisions of Part 4 of Article 7 of the Federal Law "On Counteracting Extremist Activity" is already sufficient grounds for banning the activities of such a public organization that is not a legal entity, in connection with which the prosecutor of the city of Moscow on March 12, 2007 and appealed to the Moscow City Court with the above statement (Vol. 1, pp. 36-38).

Meanwhile, on March 15, 2007, the prosecutor of the city of Odintsovo, Moscow Region, again issued a warning to the public organization "National Bolshevik Party" about the inadmissibility of carrying out extremist activities.

The court found that the basis for issuing this warning was the discovery by the prosecutor's office of the city of Odintsovo of the following facts:

March 11, 2007 at about 10:30 a.m. in the premises of polling station No. 1763, located at the address: Odintsovo, st. Marshal Zhukov, 26, Chervochkin Yu.M., Klimov S.V., Sidorin V.V. during the voting period, deliberately in order to prevent the free exercise of voting rights by citizens and the work of the election commission for elections to the Moscow Regional Duma, by a group of persons by prior agreement, they unfurled flags with the symbols of the National Bolshevik Party, lit pyrotechnic products -. smoke torches, tried to scatter leaflets, and in order to disrupt the voting process, they tried to turn over the ballot box, however; their illegal actions were suppressed by police officers. Also, these citizens used violence against the chairman of the election commission - Strelyaev S.F., who received a scalped wound on the palm of his right hand while trying to prevent the illegal actions of these persons.

On this fact, the prosecutor's office initiated a criminal case against Yu.M. Chervochkin, S.V. Klimov, V.V. Sidorin. on the grounds of a crime. Provided by paragraph "c" part 2 of Art. 141 of the Criminal Code of the Russian Federation.

The fact of the commission of these actions is confirmed by the Evidence collected in the case, the assessment of which is given above in the decision.

The nature of the actions committed by these persons, expressed in obstruction of the lawful activities of state authorities, election commissions, as well as the lawful activities of officials of these bodies, commissions, combined with violence or the threat of its use, indicates the presence in the activities of the NBP of signs of extremism, specified in paragraph 1 of the article 1 of the Federal Law.

The fact of these actions Chervochkin Yew.M., Klimov S.V., Sidorin V.The. not disputed Savenko E.The.

Savenko E.V. reiterated at the court session that he had not appealed against any of the above warnings of the prosecutors to the court and had no intention of appealing against them, which is also confirmed by the case materials (volume 1. case sheet 71), from which it follows that the Odnitsovsky city court The Moscow Region did not receive any complaints or applications related to the appeal against the warning of the Odintsovo city prosecutor, as well as to any of the district courts of Moscow.

Thus, this interregional public organization "National Bolshevik Party", which operates without being a legal entity, was warned three times within 12 months about the inadmissibility of carrying out extremist activities, and none of the warnings was appealed in the manner prescribed by law and recognized illegal.

Under such circumstances, by virtue of Part 4 of Article 7 and Part 2 of Article 9 of the Federal Law "On Counteracting Extremist Activity", the court has grounds to ban its activities at the request of the Moscow City Prosecutor and recognize this public organization as extremist.

At the same time, the court considers the prosecutor's statement reasonable and subject to satisfaction.

The specified measure of responsibility of a public organization, provided for by federal legislation, is aimed at protecting the rights and freedoms of man and citizen, the foundations of the constitutional order, ensuring the integrity and security of the Russian Federation, and complies with the norms of international law and the Constitution of the Russian Federation.

Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms proclaims the right of everyone to freely express their opinion. This right includes freedom to hold opinions and freedom to receive and impart information and ideas without any interference from public authorities and regardless of frontiers. This article does not prevent States from licensing broadcasting, television or cinematographic enterprises.

The exercise of these freedoms, which imposes duties and responsibilities, may be subject to such formalities, conditions, restrictions or sanctions as are prescribed by law and are necessary in a democratic society in the interests of national security, territorial integrity or public order, for the prevention of disorder or crime, for the protection health and morals, to protect the reputation or rights of others.

In accordance with Part 3 of Art. 55 of the Constitution of the Russian Federation, the rights and freedoms of man and citizen may be limited by federal law only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of the state.

Arguments Savenko E.The. that the activities of the NBP cannot be recognized as extremist based on the facts set forth in the warnings of the prosecutor's offices of St. Petersburg and the city of Odintsovo, Moscow Region, since there is currently no conviction that has entered into legal force against persons prosecuted , are untenable, since the current legislation does not link the grounds for prohibiting the activities of a public organization containing signs of extremism with the mandatory presence in such actions of signs of a criminal offense.

Based on the above, guided by art. Art. 194-199 Code of Civil Procedure of the Russian Federation, court

DECIDED:

Satisfy the application of the Prosecutor of the city of Moscow.

Recognize as extremist and ban the activities of the interregional public organization "National - Bolshevik Party".

The decision can be appealed to the Supreme Court of the Russian Federation within 10 days from the date of the decision by the court in the final form.

presiding:

Nazarova A.M.

The text was provided by the press secretary of the NBP and is, according to him, the result of scanning the decision provided by the NBP.