September 13, 2012 head of the State Duma Committee on Affairs public associations and religious organizations Yaroslav Nilov (LDPR) said about the fact that the Duma is discussing the issue of toughening the punishment for insulting feelings of believers, work began "on strengthening the administrative and criminal legislation" punishing violation of order in religious institutions and vandalism in regarding religious shrines. At the same time, the committee held a round table on this topic. with the participation of representatives of various faiths and experts.
Head of the Legal Service of the Moscow Patriarchate Nun Ksenia (Chernega) stated that Art. 5.26 of the Code of Administrative Offenses (violation of the law on freedom conscience, freedom of religion and religious associations) is not capable of adequately protect the rights of believers, since it provides only small fine. Therefore, the ROC proposes to protect the reputation of religious organizations to amend the Civil Code by changing the term "business reputation" relating to business, to the broader term "reputation of legal persons". In addition, from the point of view of the ROC, It would be necessary in one form or another to restore Art. 143 of the Criminal Code of the RSFSR (violation legislation on freedom of conscience, freedom of religion and religious associations), concerning "insulting the feelings and beliefs of citizens in connection with their attitude to religion using the media" or by damaging religious buildings, drawing "offensive inscriptions and images".
Director of the Institute of State-Confessional Relations and Law Igor Ponkin proposed not to introduce a new article into the Criminal Code, but to improve Art. 282 (inciting hatred or enmity, as well as humiliation of human dignity). Ponkin believes that it should be supplemented with the wording "inciting hatred through defiling or offensive actions with religiously revered objects, images and religious symbols, and also by insulting or ridiculing religiously revered personalities", which should be punishable by a fine of up to 300 thousand rubles or imprisonment for up to two years.
From our point of view, insulting the feelings of believers is not so socially dangerous crime in order to transfer it in one form or another to Criminal Code. The same applies to article 5.61 (insult), which allows any offended person to go to court. What concerns inciting hatred by vandalism or any other act, it and so falls under the existing Art.Article. 214 and 282 of the Criminal Code.
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