Alexander Verkhovsky: The price of the issue

On March 20, 2012, the Kommersant newspaper published an article Alexander Verkhovsky "The price of the issue", dedicated to the problems of applying the article 282 of the Criminal Code of the Russian Federation. The material was released with minor technical cuts, but we present its full version.

Issue price Article 282 of the Criminal Code has become so widely known and so emotionally discussed that it already acquires the features of a legendary character. Her close neighbors in the Criminal Code are often confused with her, she is considered a fiend of "Putin's regime”, I even heard that thousands of people were sitting on it. All this wholly or almost wholly untrue. But this does not mean that there is no important Problems. There is a problem.

Criminal article on inciting ethnic, religious and this kind of hatred has existed in our legislation since ancient times. Soviet times. There are articles on this topic in the criminal law. the vast majority of European countries, including the most liberal Great Britain. We are talking about the criminalization of public statements, which cannot be regarded as incitement to a specific crime, but which, nevertheless, are recognized as socially dangerous and unacceptable. Here, The United States does not criminalize such speech, and this is an interesting and cute experience. But it would be reckless to say that it is easy to use on European soil, so it is not used.

On the other hand, even in a country with the most excellent judicial restrictions on freedom of speech are always problematic. That's why national legislators and the European Court of Human Rights seek to make these limitations themselves as clear as possible and limited. And the trouble is that the Russian legislator, not to mention Russian law enforcer, such clarity and limitation of prohibitions is by no means does not strive.

Article 282 of the Criminal Code (and not only it) includes, for example, such an incomprehensible element, like hatred for a "social group". common meaning the term itself does not have, therefore, the most diverse "social groups" ranging from "the former government of Mari El" to "gopniks". The result is that the citizen does not understand what exactly is forbidden to him.

And Article 282 also includes such an element as “humiliation dignity” of people on the basis of their ethnicity, religion, etc. Of course, humiliate people is bad. And it is also bad to insult them, to slander them is also bad. A meanwhile, by the December reform of the Criminal Code, slander and insult were translated in our country from the category of crimes to the category of administrative offenses, and no one didn't really mind.

The trouble is that many citizens want exactly harsh punishments. As for those who are now collecting signatures demanding to open a case under Art. 282 against everyone who supported Pussy Riot in one way or another. Call the prosecutor Of course, it's easier than arguing with an opponent.

I will take for example a person who is obviously not close to me from many "fallen under the article": Russian nationalist Konstantin Krylov accused under Article 282 of the Criminal Code of humiliating the dignity of the Caucasian peoples. Accused for a speech that was really offensive in tone and meaning at the rally “Enough feed the Caucasus!” But then Krylov refrained from something more than insults. By the letter of the law, Krylov can be found guilty, but in spirit today's Russian Criminal Code - probably not. And we must not judge Krylov, but rather to correct Article 282, which is "lagging behind" the reform.

It's long overdue to fix it. It's best to narrow it down to public statements, aimed at inciting violence based on racial, ethnic, religious signs. And the rest - to transfer in one form or another to administrative and civil law.

Sources

• Verkhovsky Alexander. Issue price // Kommersant. 2012. March 20.