"Anti-terrorism" laws are expanding more and more

On April 3, 2014, the State Duma Committee on Security prepared amendments for the second reading of a package of bills aimed at combating terrorism.

At the end of February 2014, the State Duma of the Russian Federation adopted in the first reading a package of bills consisting of bill No. 428889-6 "On amendments to certain legislative acts of the Russian Federation (in terms of improving counter-terrorism)", bill No. 428884-6 "On amendments to certain legislative acts of the Russian Federation on issues of streamlining the exchange of information using information and telecommunication networks and bill No. 428896-6 “On amendments to certain legislative acts of the Russian Federation (in terms of tightening requirements for the transfer of electronic funds).”

On April 3, 2014, the State Duma Security Committee adopted amendments to the second reading to bill No. 428889-6 “On amendments to certain legislative acts of the Russian Federation (in terms of improving counter-terrorism).”

Thus, an amendment is being made to increase the punishment under Art. 212 of the Criminal Code (mass riots) from 4–10 to 8–15 years of imprisonment, and its wording is changing. The current text of the article is expanded, punishment will follow not only for organizing, but also for preparing mass riots, and the list of means used in mass riots (“the use of firearms, explosives or explosive devices”) is proposed to be supplemented with the phrase “ substances and objects that pose a danger. ” for others ."

Art. 212 of the Criminal Code, according to the authors’ plan, will be supplemented by Part 4, which provides for punishment for “ the acquisition of knowledge, practical skills and abilities during physical and psychological training classes ” for organizing mass riots.

In addition, additions to Art. Art. 282.1 (organization of an extremist community) and 282.2 (organization of the activities of an extremist organization), which will provide for liability (from one year to six years in prison) for “ inducing, recruiting or otherwise involving a person ” in the work of an extremist organization.

Amendments to the Criminal Procedure Code are also proposed, changing the jurisdiction of a number of cases; changes to the Code of Administrative Offences, increasing the minimum fine as contained in the text of the bill p. 15.27 (financing of terrorism) from 1 to 10 million rubles, and amendments requiring regional authorities, within the framework of the law “On Countering Terrorism,” to conduct “monitoring of socio-political, socio-economic and other processes.”

At the same time, it is proposed to somewhat narrow the powers of the FSB, proposed in the bill for the first reading: service employees will have the right to personal search and check documents only of citizens suspected of committing crimes and offenses under the jurisdiction of the FSB.

The date for the second reading has not yet been determined. According to Irina Yarovaya, consideration can be scheduled for April 15, when two other documents from the anti-terrorism package are ready ("On amendments to certain legislative acts of the Russian Federation on the issues of streamlining the exchange of information using information and telecommunication networks" and "On amendments to to certain legislative acts of the Russian Federation (in terms of tightening requirements for the transfer of electronic funds)."

We assess the proposed amendments extremely negatively. Formulations such as “preparation of mass riots” and “substances and objects that pose a danger to others” seem to us to lead to broad interpretations and, accordingly, to unlawful prosecution.

“Classes on physical and psychological preparation for organizing mass unrest” can be considered, for example, tourist rallies organized by opposition organizations, or, say, lectures for young people devoted to certain issues of current politics.

And such an innovation in “extremist” articles as “inducement, recruitment or other involvement of a person” is so broad that, in our opinion, it can very likely lead to arbitrariness.

Sources

• Ivanov Maxim. The anti-terrorism bill will be made anti-Maidan // Kommersant. 2014. April 4.