Against the actionist Pyotr Pavlensky, a criminal case was initiated on hooliganism motivated by hatred.
November 15, 2013 it became known that against Actionist Pyotr Pavlensky was prosecuted for hooliganism under par. b h. 1 tbsp. 213 of the Criminal Code (gross violation of public order, expressing a clear disrespect for society, committed for reasons of political, ideological, racial, national or religious hatred or enmity, or based on hatred or enmity towards any social group) on the fact of his action "Fixation" November 10 on Red Square.
Pavlensky explained what it means invested in the performance, as follows: "The naked artist, looking at their eggs nailed to the Kremlin paving stones - a metaphor for apathy, political indifference and fatalism of modern Russian society" .
What motive of hatred can be imputed in the guilt of the actionist is not at all clear. It is not surprising that the answer to this question the Main Directorate of the Ministry of Internal Affairs for Moscow could not. Due to the lack of qualifying features (application weapons, hate motive, action by a group) prosecution of Pavlensky under Art. 213 CC turns out to be illegal.
We also note that since criminal punishment for self-mutilation is provided for in the Criminal Code only when it is way to evade military service, the artist may be attracted to liability except for petty hooliganism under Art. 20.1 of the Code of Administrative Offenses.
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