October 19, 2012 Magistrate's Court Novocherkassk fined the leader of the "Other Russia" in Rostov-on-Don Sergei Cherepovsky for one and a half thousand rubles under Art. 20.29 (production and distribution of extremist materials) and Art. 20.3 (propaganda and public display of Nazi paraphernalia or symbols) Code of Administrative Offenses on charges of distributing extremist materials and demonstration of Nazi symbols on a personal page in the social networks "VKontakte".
We believe the verdict is at least partially wrongful. Cherepovsky was charged distribution of a video recognized as extremist "The last appeal of the seaside partisans", but in reality the banned video, which appears in the Federal List of Extremist Materials, has a different name - "The last interview of Primorsky partisans." Even these materials are identical, the formal question arises as to whether actions of the defendant under Art. 20.29, which punishes precisely for the production and distribution of materials included in the Federal List.
According to Art. 20.3 Cherepovsky was accused of publishing a freeze frame containing a swastika from a famous anti-fascist film "American History X" and another image with a swastika. It is noteworthy that the court did not consider it is necessary to investigate the question of whether, in this case, the publication images of swastika propaganda of Nazism. Indeed, the federal law "On the perpetuation victories of the Soviet people in the Great Patriotic War of 1941-1945" prohibits any display of Nazi symbols, however, such a total the ban seems absurd to us, and taking into account the context of the demonstration of the Nazi symbolism is essential.
Cherepovsky said he intends to appeal the verdict.
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