On May 8, 2013, the Izvestia newspaper reported on a new initiative of the Russian Ministry of Justice. The department has prepared amendments to the Federal Law “On Combating Extremist Activities”, according to which a list of symbols of extremist organizations should be created, similar to the Federal Lists of Extremist Materials and Extremist Organizations .
It is assumed that the list of prohibited symbols will facilitate the work of courts and limit the possibility of arbitrary interpretations.
Representatives of the Ministry of Justice also claim that new amendments are necessary to approve the symbols of NPOs. According to the ministry, the Federal Law “On Non-Profit Organizations” should contain a provision that their symbols should not repeat the emblems and other symbols of political parties existing in Russia, as well as the emblems and other symbols of organizations whose activities in Russia are prohibited.
It is not yet clear what structure will maintain the new list. It is assumed that this will be either the Ministry of Justice itself or the websites of regional registration chambers. Currently, a similar list is maintained by the Federal Institute of Industrial Property (a structure subordinate to Rospatent that deals with the registration of trademarks). In our opinion, it is clear that the Department of Justice is guided by the best intentions. However, since practice has shown the uselessness of the existing Federal lists, we will express doubts about the effectiveness of the new measure.
In addition, we would like to remind you that according to the law “On Amendments to Article 20.3 of the Code of the Russian Federation on Administrative Offenses and Article 1 of the Federal Law “On Combating Extremist Activities” that came into force”, currently the symbols of an extremist organization are understood as “ officially registered symbols of the organization” , in respect of which a court decision has entered into legal force on its liquidation or ban in connection with the implementation of extremist activities ." And since organizations that have a real chance of being banned due to extremist activities, as a rule, do not and will not register their symbols, these symbols will not be included in the list.
Sources