Six in the hole

For a long time, I did not consider it necessary to interfere in the discussion of the St. Petersburg "Law of Milonov" - on the prohibition of propaganda of homosexuality among minors. Not because he could bring suspicions of personal interest. I am already at the age when such laws can neither protect me nor threaten me. The protection of my grandson is also not visible: if the grandson succumbs to the temptation, then either I brought him up poorly, or natural factors affected him. I would like the state to protect him from violence, but this is another article. I did not get involved in the discussion because my ordinary column happens in the newspaper of scientists, therefore, my business is to discuss the problems of science, and deputy Milonov from science is astronomically, like its law.

But recently, the law has gained loud and notorious fame. On his basis, a certain trade union of citizens (this is their profession?) Completed with accusations against the Madonna pop star concert, other “professionals” took up arms against another pop star-Lady Gagu. Both divas are the stars of not my sky, but at their concerts they advocated the modern values ​​of civilization and humanity, while “citizens by profession” took up arms from the standpoint of the Middle Ages and what is called Asian. Yes, they wanted to cash in, estimating at hundreds of millions of rubles damage to their moral ideals. Shame on the whole world.

Although the St. Petersburg judge was on top and “citizens by profession” themselves were forced to pay legal costs, the law began to imitate other subjects of the federation, and now the State Duma is being prepared to adopt it. In such conditions, it would be inappropriate to ignore his scientist. Scientists must do the fact that society has the right to expect from scientists - it is necessary to analyze the scientific foundations of this law, think about its philosophy, logic, legal validity and rationality.

The ban on propaganda of homosexuality among minors requires clarity in determining the concepts of “ban”, “propaganda”, “homosexuality” and “minors”. Let's try to figure it out.

1. Let's start with the concept of “minors”, it would seem, the most obvious. There is a puberty period - the onset of puberty, and normally sexual thrust focuses on the end of this period in both partners. A violation of the norm turns out to be a state of “troublemaking” of any of the partners or both, and, whose active role is, an adult participant in the event is found guilty, and if both minors, then a more active of them. But since the end of the puberty does not fall at the same calendar age, but has significant individual, sexual and racial differences (from 11 - 12 years to 16 - 18), legislators usually conditionally prescribe one lower limit for men and the other for women. In different countries and at different times, one and the other are very different. When moving from the country to the country and when changes in the regime in one country, a person faces different limits. Cultural ideals are formed by history. So, 17-year-old Romeo and 13-year-old Juliet, under our legislation, committed something bad, and Romeo would be convicted as a criminal. Shakespeare could have been accused of propaganda of premature sex. This is a mismatch of a cultural ideal with legal norms, and often with religious, can play a bad joke with a person. Nevertheless, "minority" is a legally the most specific concept of the listed.

2. Let's move on to the concept of "homosexuality." Although I wrote two big books about “other love”, I don’t know what homosexuality is. According to the structure of the word (such as “communism”, “nationalism”, “populism”, etc.), this is some kind of teaching or social movement, and “homosexual” is a participant in such a movement. There is no such word outside of Russia. In other languages ​​there is a word "homosexual." I know who is called homosexuals and what homosexuality is - a natural phenomenon, from a biological point of view, undoubtedly, pathology. It is impossible to prohibit it, as it is impossible to prohibit any pathology, say, color parsnopers, and the propaganda of pathology is generally nonsense. Just as nonsense - the movement of militant lefties. And in culture, in general, the issue of norm and pathology is solved differently than in biology. Cultural norms often do not coincide with biological (take a look at our nutrition standards: alcohol, ice cream, coffee, etc.), they change. They turn out to be different for different nations, eras, segments of the population. The ancient Greeks even gods were homosexual, and our civilization was from them. By the way, in pre -Petrine Russia, the attitude towards homosexuality was very tolerant - like mischief, all foreigners were surprised. In case of punishment, it was exclusively church and very soft. The judicial punishment for homosexuality is a non -Russian tradition, especially since the manifestations of homosexuality are not a crime with us, but to punish for conversations about it is completely nonsense, this should be very convincingly motivated, which is not.

3. “Propaganda” as a concept is an intentional and focused praise of a certain phenomenon, regardless of its actual possession of praised qualities. Propaganda of smoking is possible, and propaganda of a healthy lifestyle is also possible. Just a story about some phenomenon or a neutral description of this phenomenon by propaganda, which is quite obvious, is not, otherwise it would have to be prohibited by all realistic literature about it, like realistic art. A refutation of false rumors about this phenomenon also cannot be recognized as propaganda. Otherwise, it would be necessary to ban all the scientific literature about him, and this is only in the hands of people with criminal plans. In practice, as the first exercises of law enforcement show, any political speech is subjected to “propaganda” in defense of the rights of sexual minorities and in defense of the Constitution of the Russian Federation in this matter. With children, the territorial proximity of such a speech can always be found (our children are ubiquitous).

4. “The ban” is a necessary concept for the formation of the law. Every law prohibits any act recognized as harmful. Lawyers have even a saying that criminals form laws. In fact, there are no harmful deeds - and there is nothing to prohibit, there is no point in creating the law. What real phenomena in life mean the law proposed by the deputy Milonov, adopted by the Legislative Assembly of St. Petersburg and now distributed to all of Russia? So the insidious homosexuals are presented, who are only waiting for the lack of vigilance to break into school and begin to lead lessons about the benefits of homosexuality, the sweetness of homosexual pleasures, etc. And so the director of the school, who himself heard an inflamed ears, is drawn to the inflamed gaze ...

Working on my books, I read a lot of descriptions of molestation of minors, interviewed many participants in such episodes. I have never met a similar scenario. He is completely unrealistic. In all the real episodes of attempts on corruption, not a single attempt led him. As a rule, homosexuality or homosexuality was not even mentioned. Either it was about normal sex, or not about sex, but about feelings, etc., just as with the usual seduction of a girl, not a single Casanova gives lectures about sexual relations - he tells the girl about her beauty, about his admiration and the impossibility of living without her.

The law on the prohibition of propaganda of homosexuality is not needed to combat the molestation of minors and does not bother him at all, but he needs it for some completely different goals-PR, victories in party strives, sheeling of political opponents, etc. In such conditions, the saying “criminals create laws” can acquire a completely different meaning.

5. The irony of the whole situation lies in the fact that Milonov’s law did not worsen the situation of minors, but on the contrary, greatly facilitated their position, giving the judges the opportunity to transfer the case into a less punished state and, thus, ensuring the best bribery of such cases. If, before the adoption of this law, the judges had only one opportunity - to consider the acts of an adult corruption as (homosexual) molestation of a minor or as an attempt on such an act (if there was no evidence of a more serious act), and it was necessary to punish the prison, now, with the adoption of this law, the judge can choose whether to judge the case from the criminal field and bring it to Milonov’s law - to consider the case as a violation of the case as a violation The prohibition of propaganda of homosexuality, and this is an administrative offense punishable by a fine.

6. Another remark is for enthusiasts of Milonov law and in its development. Every law does not exist separately on its own. It should be a necessary part of the Code of Laws, the system of legislation. Even in England, where the right of the case, the laws, entering the arch on the occasion, should then be consistent with each other and form a single system of law. In continental Europe, the legislation initially forms a single system and laws in it are considered as a single network, logically solid and comprehensive, not leaving holes and groats.

The Law of Milonov dangles in it, one-single, according to a popular speech, like a pole in an ice hole. There are no other laws nearly related to related phenomena. If it is forbidden to promote homosexuality, then why is it allowed to promote the molestation of minors of the other sex? If the “propaganda of homosexuality” is prohibited, then it is necessary to prohibit the promotion of minors of sex in general, which it is too early for them to deal with. It is necessary to think about whether to prohibit the propaganda for the minors of masturbation, or is it possible, according to Milonov, to leave without a ban.

Further, why not prohibit propaganda to minors of theft? Indeed, without such a law, it is easy for thieves to recruit personnel in all secondary schools of the Russian Federation, and this is an important component of that epidemic of theft that covered our country. And the propaganda among minor murders? The propaganda of racial and national hatred is prohibited by law, but only in general, and propaganda among minors is an article, there may be more difficult terms. In a word, a wide field of lawmaking is opened on the model of Milonov and according to the old formula: the more laws, the less law.

Or maybe think about the very model law: is it so needed?