A bill on combating separatist propaganda has been introduced to the Duma

A group of deputies submitted to the State Duma a bill introducing liability for "propaganda of separatism" and toughening penalties under a number of existing "anti-extremist" articles of the Criminal Code.

November 8, 2013 a group of deputies (Anton Romanov, Evgeny Fedorov and Mikhail Emelyanov) submitted to the State Duma of the Russian Federation draft law No. 379820-6 "On introducing amendments to the Criminal Code of the Russian Federation and the Code of the Russian Federation about administrative offences.

A bill aimed at " preserving territorial integrity of Russia "and suppression" of the spread ideas of separatism and ... their existence in various forms in the media, TV, Internet, pseudoscientific seminars and symposiums, cultural and historical events and exhibitions, replication of books ", the addition is expected of the Criminal Code and the Code of Administrative Offenses, as well as changes in the wording of a number of articles of both codes.

As conceived by the authors of the document, the Code will be supplemented by two new articles introducing liability for propaganda of separatism and undermining territorial integrity of Russia - art. 282.3 (propaganda of separatism) and Art. 282.4 (planning, preparation, call to undermine or encroachment on territorial integrity and inviolability of the Russian Federation).

P. 1, Art. 282.3 of the Criminal Code provides for imprisonment for a term of 3 up to 6 years; paragraph 2 (manufacture or storage for the purpose of distribution or advertising, or distribution or advertising of separatist materials or printed publications, images, other objects of a separatist nature, or public demonstration of films or videos with separatist content) entails the deprivation freedom for a period of 5 to 7 years; and paragraph 3, describing sympathy for separatist movements or public denial or territorial integrity of the Russian Federation or doubt about it, as well as the approval and justification of separatism, implies the deprivation freedom from 3 years. All paragraphs of the article are supplemented by punishment in the form of various terms of deprivation of the right to hold certain positions or engage in certain activities, as well as restriction of freedom. With aggravating circumstances, which include, in particular, the use of the media and Internet, the same acts are punishable by imprisonment for a term of 10 to 20 years from further loss of rights up to 20 years.

P. 1, Art. 282.4 of the Criminal Code provides for punishment in the form of deprivation freedom for a period of 3 to 6 years; clause 2 (organizational activities, including financing of such activities, planning, preparation, public conscription or other activities aimed at undermining the territorial integrity of the Russian Federation, that is, to secession, in violation of the procedure established the Constitution of the Russian Federation, any part of the territory of the Russian Federation) - from 6 to 10 years; and under aggravating circumstances (using violence or with the threat of its use; using official position; V MASS MEDIA; using the Internet; by a group of persons by prior agreement; organized group) provides for imprisonment for a term of 10 to 20 years.

The bill provides for a change in the wording of Art. 279 Criminal Code (armed rebellion), where the goals of the rebellion are complemented by violation of the territorial integrity of Russia or a subject of the Federation, and Art. 280 of the Criminal Code (public calls for extremism): the authors of the document propose this form: " Public appeals to the forcible seizure of power or the forcible retention of power, armed rebellion, committing extremist crimes or crimes of a terrorist nature ." Punishment under this article in the new edition will become tougher: paragraph 1 - from 6 to 12 years (currently - up to 3 years), according to paragraph 2 of Art. 280 of the Criminal Code - from 10 to 15 years (in the current version - up to 5 years).

The wording of Art. 282.2 (organization of activities extremist organization) - it is proposed to supplement it with responsibility for funding extremist activities or organizations – and punishment, provided for by it: up to 6 years per organization (in the current version - up to 4 years), for participation in an extremist organization - up to 5 years (currently - up to 2).

In the Code of Administrative Offenses, the bill introduces a new article 20.3-1 (creation, distribution or storage of extremist materials), providing for fines up to 6 thousand rubles for citizens, up to 20 thousand rubles for officials, and up to 1 million for organizations. Significantly increases the amount of the fine under Art. 20.3 (up to 5 thousand rubles for the demonstration of Nazi symbols and up to 6 thousand for the manufacture and sales (currently - up to 2 thousand and 2.5 thousand rubles, respectively).

We take this legislative initiative with great anxiety, primarily because any, including scientific, discussions about regional politics, secession or annexation of the territories of the Russian Federation and even about adjusting boundaries. The use of the media and the Internet, according to the proposed project, becomes an aggravating circumstance, and, for example, a skeptical statement about the legitimacy of belonging to the Kuril Islands can be interpreted as " doubt in the territorial integrity of the Russian Federation " and entail punishment up to 20 years.

The current definition of extremist activity does contain a clause on the forcible change of the constitutional order and violation of the integrity of the Russian Federation. This point, as already noted, formulated incorrectly (see, for example, opinion the Venice Commission on the federal law "On Counteracting extremist activity"), since it is not obvious that the definition "violent" refers not only to changing the order, but also to integrity violation. We continue to insist that extremism has attitude is only violent separatism.

We also note that, in contrast to the current Art. 20.29 Administrative Code (production and distribution of extremist materials), in the proposed Art. 20.3-1 does not specify that extremist materials are understood as included on the federal list, which opens up opportunities for abuse.

Sources

• Draft Law No. 379820-6 On Amending the Criminal Code of the Russian Federation and the Code of the Russian Federation on Administrative Offenses // Website of the State Duma of the Russian Federation. 2013. November 8.