Unlawful anti-extremism in August 2011. Results of the month

In August 2011, the main manifestations misuse of anti-extremist legislation related to the recognition extremist materials. Besides, It is worth noting the bill introduced to the State Duma of the Russian Federation by the Government, which clarifies and expands some tools to counter extremist activities.

Criminal prosecution

In August, 2 indictments were handed down sentencing on criminal charges. The first concerned five people accused in organizing the activities of extremist organizations (part 1 of article 282.2 of the Criminal Code of the Russian Federation). Moscow the district court of Kazan sentenced them for membership in a Muslim organization Hizb ut-Tahrir to real terms of deprivation freedom from 1 to 2.5 years.

The second verdict we consider unlawful partially. It was taken out by Yuzhno-Sakhalinsk city ​​court for hours.1 Article. 282 of the Criminal Code of the Russian Federation (inciting hatred) and Part 1 of Art. 280 of the Criminal Code of the Russian Federation (public calls for implementation extremist activities). Defendant sentenced to a fine of 150 thousand rubles for Nazi graffiti on the pavement, called, in particular, to kill officials. The court considered officials social group, with which we cannot agree.

In addition, there were two cases under Art. 282.2 of the Criminal Code of the Russian Federation (organization of activities extremist organization): in Chelyabinsk regarding the followers of Said Nursi, and in Taganrog - in relation to the Witnesses Jehovah.

Administrative persecution

Only one sentence was handed down in August for an administrative offense legitimacy of which we are not sure. In Omsk was fined an antique dealer who displayed a military award and a headdress with Nazi paraphernalia in a window. He was recognized guilty under Part 1 of Art. 20.3 of the Code of Administrative Offenses of the Russian Federation (public displaying Nazi symbols). Despite the fact that his actions were publicity (since the goods were in the window, everyone could see them), we are not sure that he had the intent to promote Nazism.

Recognition of materials as extremist

In August, by the decision of the Zhukovsky district court of the city of Tarusa was banned for extremism painting by Alexander Savko "Sermon on the Mount" from the series "Mickey Mouse's Journey Through History art", exhibited at famous exhibition "Forbidden art-2006". The court agreed with the opinion prosecutors that this work promotes the inferiority of the Orthodox and offends their. In our opinion, this is another failure judiciary, which again put equal sign between excitation hatred of people and blasphemy that, definitely illegal.

There were also two decisions concerning earlier decisions lower courts. Moscow city the court overturned the decision of the Lublin District court and recognized the slogan "Orthodoxy or death" extremist (now it has been recognized as such twice). Krasnodar the regional court confirmed the ban to Pervomaisky District Court of Krasnodar four publications of Jehovah's Witnesses.

Also, from the August update Federal list of extremist materials became aware of another scandalous decision taken by Zasviyazhsky District Court of Ulyanovsk on May 25, 2011. In the List under numbers 954 and 955 appeared addresses "www.livainternet.ru" and "www.TATARLAR". It is clear that in this way The addresses of the most popular sites were transferred: online diary service Liveinternet.ru and the Tatar portal tatarlar.ru .

How can we infer from some circumstances of the ban, it could be caused by the fact that on forums and online Liveinternet and Tatarlar diaries were published articles or comments by Tatar nationalists. However, the ban of the entire portal due to several users is illegal. These two big Internet services are provided by various services to hundreds of thousands of users. By Ulyanovsk Internet users, instead of the site liveinternet.ru they open the website of the General prosecutor's office of the Russian Federation.

Finally, in August in the Leninsky district court of Tomsk began consideration of the claim prosecutor's office on the recognition of extremist foundational book for Krishnaism "Bhagavad Gita. As it is", popular not only among followers this religion. This lawsuit is in line similar bans on religious books and organizations for asserting the truth their views.

Rulemaking

On August 4, 2011, the Government submitted bill to the State Duma, clarifying and expanding some tools to counter extremist activities in relation to funding extremist activities and their manifestations on the Internet.

In particular, a new article is proposed Criminal Code number 282-3 (Financing extremist activities). We are not sure that the introduction of this article has real meaning, since funding criminal activity (we are talking about about committing crimes provided for by the Criminal Code) and now can viewed as a form of partnership. But perhaps the appearance of a special articles will help fight funding really dangerous gangs.

In addition, the use of the Internet equated to media use in relation to Art. Art. 280 and 282 of the Criminal Code. That is calls for extremist activity on the Internet will automatically qualify for hours. 2 Article. 280 (assuming as a punishment only imprisonment for up to 5 years). With regard to Art. 282 any statements on the Internet will be considered public. We consider this part of the bill definitely bad.

First, not every material posted on the Internet is public: it can be password hidden and accessible only to a narrow circle of users - such accommodation is no different address distribution. Secondly, in any propaganda crimes publicity is critical. The proposed bill encourages seriously pursue statements in Internet (especially under Art. 280), public the danger of which is simply negligible due to small real audience. In the same time and now nothing prevents to pursue for illegal statements posted on the Internet, and according to the relevant cases have already accumulated considerable practice (both legal and illegal).

Other manifestations of illegal anti-extremism

In August, Roskomnadzor issued two warnings to the newspaper "Donskoe" time", which we consider at least partially illegal. In articles for who issued warnings (we could only find part of it on the internet. of them), a lot of hate speech, they go talk about the need to create some "Cossack republic", but they do not have not a single call for violence changing the state structure and other formal signs of extremism.

Finally, in August, Arkhangelsk trade unionist Dmitry Dubonos, citizen of Ukraine living in Russia, lost in cassation Federal Migration Service, annulled earlier his view of residence. One of the reasons for this was named what Dubonos represents a threat to the security of the Russian Federation and calls to violent change of the constitutional order. What exactly is it crime, Dubonos never succeeded to figure out. He associates this decision with its activities in two trade unions organizations - employees of the Arkhangelsk mechanized distance loading and unloading operations and business operations and employees organizations using migrant labor Arkhangelsk region.