Against Stirlitz and BMW

* On November 4, nationalists marched across the country, and on November 5, the president signed another law, as if against all this and for all that is good. Amendments were made to the already existing Federal Law “On perpetuating the Victory of the Soviet people in the Great Patriotic War of 1941-1945” (for brevity, we will call it “On perpetuating ...”) and to the Administrative Code (CAO). Maria Rozalskaya, an employee of the Sova information and analytical center, explains why these amendments are meaningless and even harmful. *What is the law?

We are talking about the prohibition of propaganda and public demonstration of attributes or symbols of “organizations that collaborated with groups, organizations, movements or persons found criminal or guilty of crimes in accordance with the verdict of the International Military Tribunal (Nuremberg Tribunal) or the verdicts of national, military or occupation tribunals based on the verdict of the International Military Tribunal (Nuremberg Tribunal) or issued during the Great Patriotic War, World War II.

In addition, “propaganda or public demonstration of attributes or symbols of organizations (including foreign or international ones) that deny the facts and conclusions established by the verdict of the International Military Tribunal for the trial and punishment of the main war criminals of the European Axis countries (the Nuremberg Tribunal) or the verdicts of national, military or occupation tribunals based on the verdict of the International Military Tribunal for the trial and punishment of the main war criminals of the European Axis countries (Nuremberg Tribunal) or issued during the Great Patriotic War, World War II.

A List of organizations has also been introduced, as well as paraphernalia and symbols that this law will affect, which should be determined "in the manner established by the Government of the Russian Federation."

Well, in the end, all of the above prohibitions must be somehow reflected in the Administrative Code, so that their violation can be punished, which is done with the help of new amendments made to Article 20.3. “Propaganda or public demonstration of Nazi paraphernalia or symbols, or paraphernalia or symbols of extremist organizations, or other paraphernalia or symbols, the propaganda or public display of which is prohibited by federal laws” (new in italics in the wording of the article).

Why was this law and the corresponding article of the Code of Administrative Offenses bad even before the amendments?

The Law on Perpetuation is bad because it prohibits any use and display of, say, a swastika out of context and purpose. It is written there: “In the Russian Federation, the use of Nazi symbols in any form as insulting the multinational people and the memory of the victims suffered in the Great Patriotic War is prohibited.”

Yes, you understand correctly: reenactors and a film about Stirlitz are also prohibited. Article 20.3 of the Code of Administrative Offenses, which establishes punishment for this, until recently existed in a wording that allowed at least a conversation on the topic “is it permissible by law to use Nazi symbols without the purpose of propaganda.” It spoke of a ban on "propaganda and public demonstration" (and now instead of "and" there is "either" - leaving no doubt). But it must be admitted that, no matter how you interpret these unions, almost all law enforcement practice, even before the new amendments, consisted of cases when any demonstration was punished - regardless of whether this demonstration was connected with the purpose of promoting Nazi ideas (antique dealers, reenactors, Buddhists, journalists with anti-fascist articles - who just did not fall under this charge).

The Live Kuban portal published a photo of the son of the local vice-governor in the image of Stirlitz and faced charges of violating the law.

But there was still a case when the fingers of the merciless hand of the law seemed to freeze in indecision: in 2011, Roskomnadzor announced the need to eliminate the possibility of prosecution for displaying Nazi symbols without propaganda purposes. Then the portal "Live Kuban" published a photo of the son of the local vice-governor in the image of Stirlitz and faced charges of violating the law "On perpetuating ..." Obviously, Roskomnadzor did not go further than declaring the intention to create an initiative group, because this law and Article 20.3 of the Code of Administrative Offenses not only did not change for the better, but also expanded.

What is the essence of the new amendments

"On perpetuating ..." is among other laws adopted for political and, moreover, momentary purposes. Like all such laws, it was designed to attack a specific phenomenon (person or organization). As in other cases, many completely strangers will suffer from this law.

I will not undertake to take bread from political scientists and I will not name the sparrow at which they aimed from this gun. I will just give a few examples of who and what can become the object of application of this law.

So, we ban the symbols of two types of organizations: those who collaborated, for example, with the NSDAP, or, say, those who deny the Holocaust.

With organizations of the second type, everything is relatively simple. Many of them, like their symbols, are already banned in Russia.

If we talk about the first type of organizations, then the first thing that comes to mind is various opponents of the Red Army, such as the Organization of Ukrainian Nationalists. Their symbolism, among other things, is the yellow-blue flag, the banning of which will automatically entail the banning of the state flag of present-day Ukraine.

Or the Vlasovites in the Russian Liberation Army used the tricolor, which later became the official flag of the Russian Federation.

Or - even funnier - the symbols of the USSR may also be banned, since until a certain moment Hitler was his real ally.

And, of course, the endless industrial firms that collaborated with the Nazis - up to the use of slave labor: Hugo Boss, BMW, Nestle, Kodak, Ford and others.

And what, so they will take and ban BMW and the hammer and sickle?

No, it's smarter. The law has no direct effect. Only those organizations and symbols that, in accordance with the procedure established by the Government of the Russian Federation, will be included in the list by this very government, will fall under it. Simply put, the government itself will decide who to punish. Here is a refraction of the principle of separation of powers.

Sources

• Rosalskaya Maria. Against Stirlitz and BMW // Colta.ru. November 13, 2014