April 26, 2012 it became known that the examination, carried out as part of a criminal case on a punk action in a temple Christ the Savior, which was initiated under Part 2 of Art. 213 of the Criminal Code of the Russian Federation (hooliganism, committed by a group of persons by prior agreement), did not find in the actions of the participants group Pussy Riot motives of hatred and enmity, that is, confirmed the absence composition of Art. 213 of the Criminal Code. This was reported by one of the lawyers of Pussy Riot Violetta Volkova. V. Volkova also said that experts found signs of administrative offense (insulting the feelings of believers).
We share this view, because we also believe that that the application of Part 2 of Art. 5.26 of the Code of Administrative Offenses (insulting the religious feelings of citizens or defiling objects revered by them, signs and emblems of ideological symbols), in this case is most appropriate. And the initiation of a criminal case under Part 2 of Art. 213 against members of Pussy Riot seems to us unlawful, since it was shown disrespect not to society as a whole and not even to a certain group of it, but to public structure.
The press service of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation reported on April 26, 2012 that the the examination did not study the actions of members of the Pussy Riot group for the presence of hatred and enmity: "Officially we inform you that the signs of inciting hatred and enmity are qualifying signs of Article 282 of the Criminal Code of the Russian Federation (inciting hatred or enmity, as well as humiliation human dignity). Committing a crime under Article 282 of the Criminal Code of the Russian Federation members of Pussy Riot were not imputed by the investigation."
The representative of the Main Directorate of the Ministry of Internal Affairs also stated that the prosecutor's office of the Central Administrative District Moscow confirmed the legality of initiating a case under paragraph b of part 2 of Art. 213 of the Criminal Code of the Russian Federation (hooliganism).
Let us recall the wording of Art. 213: "Hooliganism, that is, a gross violation of public order, expressing a clear disrespect for society, committed ... by motives of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity against any social group". That is, the representative of the Ministry of Internal Affairs is inaccurate: the motive hatred or enmity in the article on hooliganism is available.
Representative The press service of the Main Directorate of the Ministry of Internal Affairs also said that another examination was appointed in the case of Pussy Riot, designed to assess the video with the action of Pussy Riot and its impact on society.
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