
In the ugly situation, which has developed around the hooligan trick of the participants of the famous punk group in the XXS, I am most surprised by the silence of the legal community. And where is Barschevsky, Kucheren, Astakhov, after all?
I do not discuss the moral side, I personally will be the warmer from both a specific action and from the entire aesthetics of the punk style in general. However, they do not argue about tastes ...
But it is completely obvious to any more or less legally educated person that there is no corpus delicti in the actions of the group of groups. There is a composition of an administrative offense, which provides for well -defined legal consequences that have nothing to do with the reprisal that the investigation and the prosecutor's office creates today.
Hooliganism, that is, a gross violation of public order, expressing a clear disrespect for society, is not a crime in itself. For this, it is necessary that it be done either with the use of weapons (this, as I understand it, is not discussed), either by "the motives of political, ideological, racial, national, religious hatred or enmity or by the motives of hatred or enmity in relation to any social group."
I can’t say that it was the most intelligible corpus delicti, but it is not so slurred that you can stick it to anything. Neither from the text of the chant (sorry, songs), nor from the behavior of soloists followed that their actions were directed against any social group, especially since they are dictated by hatred for it.
If the participants of the action turned to the Virgin with a request, even if in such an inadequate and wild form, then from this, at least, it follows that, at least formally, they allowed the possibility that their request would be heard. And this excludes the motive of religious hatred.
As for Putin, the elimination of which, in fact, was a request for the Virgin, the expression of hatred for him is not a sign of the composition of this crime, since Putin, although it takes up a lot of space in our public life, is not a social group. No more than a person. However, today we can’t even reliably say that the request is not heard - time will tell.
Thus, with the connivance of the authorities, and, possibly, with their incitement, in response to an imaginary crime, an obvious real crime is committed - the involvement of obviously innocent persons to criminal liability. And this action is, unlike hooliganism, a crime, regardless of the motives by what it is committed.
But even more important is another. The authorities showed in this situation its complete inability to be at the height of the principles that are recorded in the Constitution of Russia. Our society and the state are secular, which means that the church is separated from the state. The crime against the church is in this sense the same crime as the crime against any other corporation. No more and no less. The hooligan trick in the church is unacceptable as it is unacceptable at school, at the university, in the hospital, in the park, in the playground.
In fact, we are talking about an attempt by the Church to put himself over society and return to criminal practice condemnation for blasphemy as a separate crime. It is impossible to justify the presence of a punk salt punk under arrest.
This pressure is nothing more than an attempt by the Church to intimidate society and take a kind of revenge over the years of violent atheism. From this angle, the case of hooliganism in XXS looks completely ominous. This is no longer about the fate of the three not very smart and educated girls, and not even about obscurantist, widespread both inside the Orthodox Church and around it, but about an attempt to move towards a theocratic state. An attempt, I note, gradually encouraged by the authorities.
We are talking about the desire to put the church outside the usual law, to create a precedent in which actually special rules apply to the church. And, if you look wider, then this case fits into the general tendency of relations between the Church and the state. The church receives the status of a special subject of law, no matter what this may be: the regime of the property of the church and personally the patriarch, the state protection of the latter and much more.
The main thing is that all this not only does not contribute to the development of Orthodoxy, but even complicates it. Instead of engaging in Christian education, the church, moving along the line of the least resistance, seeks to take an empty place, which was previously occupied by the departments of the ideology of the district committees and the regional committees of the party. Not the most worthy place for the Orthodox missionary.
In February, the publishing house of the OGA published a book by Vladimir Pastukhov “Restoration instead of the Reformation. Twenty years that shocked. " She summarizes the results of twenty years of study by the author - political scientist and law -bend - Russian power and Russian law in the era of the post -communist historical off -season. The book can be found in the main bookstores of Moscow, as well as in online stores.