Viktor Chulkin vs Art. 282 of the Criminal Code of the Russian Federation - determination of the Constitutional Court of Russia

*We publish the text of the ruling of the Constitutional Court of the Russian Federation dated February 19, 2009 regarding the attempt by one of the leaders of the Khabarovsk branch of the Union of the Russian People Viktor Chulkin to challenge the legality of the disposition of Art. 282 of the Criminal Code of the Russian Federation.

The text is reproduced according to the publication on the official website of the Constitutional Court of Russia.*

Determination of the Constitutional Court of the Russian Federation of February 19, 2009 N 154-О-О "On the refusal to accept for consideration the complaint of citizen Viktor Alexandrovich Chulkin about the violation of his constitutional rights by Article 282 of the Criminal Code of the Russian Federation"

The Constitutional Court of the Russian Federation composed of Chairman V.D. Zorkin, judges N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, S.M. Kazantseva, M.I. Cleanrova, S.D. Knyazeva, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, N.V. Selezneva, A.Ya. Plums, V.G. Strekozova, O.S. Khokhryakova, V.G. Yaroslavtsev,

examined at the request of a citizen V.A. Chulkin, the question of the possibility of accepting his complaint for consideration in a session of the Constitutional Court of the Russian Federation, established:

1. Citizen V.A. Chulkin was charged with a number of crimes, including those under Article 282 "Inciting hatred or enmity, as well as humiliation of human dignity" of the Criminal Code of the Russian Federation.

In his complaint to the Constitutional Court of the Russian Federation, V.A. Chulkin asks to verify the constitutionality of Article 282 of the Criminal Code of the Russian Federation, which, as he believes, does not allow, due to its insufficient formal certainty, to delimit the acts prohibited by it from the permissible freedom of expression and, for this reason, violates his rights guaranteed by Articles 19 (part 1), 29 ( part 1), 45 (part 1), 46 (part 1), 54 (part 2) and 55 (parts 2 and 3) of the Constitution of the Russian Federation.

1. The Constitutional Court of the Russian Federation, having studied the materials submitted by the applicant, finds no grounds for accepting his complaint for consideration.

The Constitution of the Russian Federation, while guaranteeing freedom of thought and speech, prohibits propaganda inciting social, racial, national or religious hatred and enmity, propaganda of social, racial, national, religious or linguistic superiority (Article 29, Parts 1 and 2). This is also in line with international legal standards, which, while proclaiming the right of everyone to freely express their opinion, at the same time provide that any advocacy of national, racial or religious hatred, which constitutes incitement to discrimination, hostility or violence, must be prohibited by law (articles 19 and 20 of the International Covenant on Civil and Political Rights).

In order to ensure the named constitutional prohibition, the Criminal Code of the Russian Federation in Article 282 provides for liability for actions aimed at inciting hatred or enmity, as well as humiliating human dignity. The norm contained in it is aimed at protecting social relations that guarantee recognition and respect for the dignity of the individual, regardless of any physical or social characteristics, and establishes criminal liability not for any actions, but only for those that are committed with intent to incite hatred or hostility, as well as to humiliate the dignity of a person or group of persons, in connection with which the constitutional rights of the applicant are not violated.

Formally challenging the provisions of Article 282 of the Criminal Code of the Russian Federation to the Constitutional Court of the Russian Federation, the applicant, in essence, disputes the qualification of the acts committed by him. However, the resolution of this issue requires an investigation of the actual circumstances of the case and is not within the competence of the Constitutional Court of the Russian Federation, as defined by Article 125 of the Constitution of the Russian Federation and Article 3 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation".

Based on the foregoing and guided by part two of Article 40, paragraph 2 of part one of Article 43, part one of Article 79, Articles 96 and 97 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", the Constitutional Court of the Russian Federation determined:

1. Refuse to accept for consideration the complaint of citizen Viktor Alexandrovich Chulkin, since it does not meet the requirements of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", according to which the complaint to the Constitutional Court of the Russian Federation is recognized as admissible.

2. The decision of the Constitutional Court of the Russian Federation on this complaint is final and not subject to appeal.

Chairman of the Constitutional Court of the Russian Federation

V.D. Zorkin

Judge Secretary of the Constitutional Court of the Russian Federation

Yu.M. Danilov