Semi -trap, your honor!

The court canceled the ban of the songs of the Beloner group. Reporting Andrei Kozenko

On November 12, the Yaroslavl Regional Court canceled the decision to ban the songs of the Klovelok group and the blocking of its site. The canceled decision - in fact prohibiting the work of the group - was made after her April concert in Yaroslavl. He made such an impression on the FSKN and city organizations fighting for sobriety and morality that they turned to the prosecutor's office. In July 2015, the Kirovsky district court of Yaroslavl decided to block the site with the work of the group. This was a strange decision, if only because the defendant on him was a local provider, who was not able to block something outside Yaroslavl. And the musicians of the "bloodstream" learned that they are prohibited, almost by accident - from rare messages of local media. The group members, together with lawyer Damir Gainutdinov, appealed to the regional court: he first decided to consider the case again; And having examined, he canceled the decision of the Kirov court and completely refused the prosecutor's office. A special correspondent of Medusa Andrei Kozenko followed the course of the court.

Half an hour before the beginning of the appeal, the Yaroslavl Regional Court began to gather fans of the "bloodstream". One of them specially came to this court from the mound, taking money for the road. “They probably will not let me go to court, I have a knife with me,” said the group’s fan; And at this moment I wanted to think about the real impact of the creativity of the "bloodstream" on the young. However, the girl explained that she needed a knife just to protect "from one moron there." She gave it to the bailiffs and hit the hall. The musicians were held by packs of cigarettes and student student notebooks - for autographs.

Throughout the prosecution, the senior assistant to the prosecutor of the Kirovsky district of Yaroslavl Elena Nikolskaya had to answer. Experts of the Yaroslavl State Pedagogical University did not come to court. It was they who previously gave the conclusion that the songs of “bloodstream” are secretly and clearly promoted by violence, drug use, indicate “drug addict's elitism”, and also promote pornographic films and “admiration for their content”. Now it turned out that the teacher who wrote a review at the height of the semester is on vacation, and the director of the institute cannot appear “for various good reasons” - he met with colleagues from Germany on the day of the trial, and discussed the directions of cooperation.

Nikolskaya got up with a large stack of papers. She demanded to introduce a piece of paper to the case with a screenshot of the page from Yetuub. On the printed screenshot - where the video window is located - there was a black rectangle; What the prosecutor wanted to say remained incomprehensible. She then asked to introduce an opinion about the Khotlokosti group to a certain Alexei Gayvoronsky, the head of the Sober Kuban Association and a member of the International Association of Psychoanalysts, and interrogate Peter Gubochkin’s head of the Association of the Healthy Life Association. In the previous instance, his opinion did not appear, but on his Facebook page he called the “Keilnocouple” “Govnostok”. Finally, the prosecutor demanded the main thing - to introduce the conclusion about the work of the group made by the Yaroslavl Orthodox diocese to the case. The songs of "bloodstream" there were expected to be called "evil and sin."

Lawyer Gainutdinov began to fight back. He spoke that “evil” and “sin” are not legal categories. The first laughs began in the hall. And Gainutdinov read out fragments from the “opinion” of the head of the “sober Kuban”. The “opinion” turned out to be a denunciation of the FSB, and immediately in the name of the head of the department Alexander Bortnikov, and contained, for example, the phrase: “Artist Noise MS spoke naked on the stage of protest against the accession of Crimea to Russia.” The three judges, frowning, rejected all these petitions, Peter Gubochkin was also denied interrogation - his clearly disappointment. He now and then opened in his tablet new “bloodstream” and offered to read “this obscurantism” sitting next to him in the courtroom.

Elena Nikolskaya, who remained without support, began to list arguments in favor of the ban on the group’s songs. She even said that the songs threaten the defense and safety of the Russian Federation, contain “hidden methods” of propaganda of violence and drug use. The main character of the songs is an asocial person who calls for resisting the system and be bad, to use narcotic substances for non-medical purposes, to force girls who have not reached the age of 16, and so on.

“So, let's figure it out,” interrupted Nikolskaya one of the three judges Vladimir Peskov. -Express the list of songs that, in your opinion, are subject to prohibition.

“Shurik,” Nikolskaya began to list.

“Okay, further,” the judge said.

“Methadone,” the prosecutor was walking along the list.

“I'm recording,” said the judge. - The next.

“Kisa, then“ Night, ”the prosecutor read.

Near me was a player with a “bloodstream” musician Konstantin Rudchik. He leaned over and whispered: “I seem to see a dream. Trying to wake up and understand that this is not a dream. This is happening! "

“Hallucinogens, euphorics - this is all clear. And with the Shurik what is wrong? What prohibited information is there?! " - Suddenly asked Judge Peskov with the intonation of the angry fan of "bloodstream". The prosecutor was confused and began to say that she could only repeat the position of philologists who gave an assessment.

- What measures did you take to install the authors of songs and owners of the site? - the torture of the prosecutor began the lawyer Gainutdinov.

“We turned to Roskomnadzor, but they did not help us,” Elena Nikolskaya tried to shift responsibility.

“So you have a telephone and an ICIL of the site owners in their hands,” Gainutdinov wondered.

- Where? - the prosecutor asked completely confused.

“In the screenshot of the site that you wanted to ban,” Gainutdinov said patiently.

- We did not find, - it only remained to answer Nikolskaya.

- Why did you give a linguistic examination to the candidate of psychological sciences, you can also ask? - the lawyer continued the offensive.

Here, already for the prosecutor, the chairmen of the judge Lyudmila Lumtev, who was presiding at the trial, stood up. “You probably just gave the documents to the institute, and there the employees distributed them among themselves,” she prompted. Nikolskaya nodded: yes, it was exactly like that.

Gainutdinov went through the texts of the songs. He asked what the song “Gantel” would promote. “Oh,“ Gantel ”is the one where everyone was killed,” Judge Peskov nodded with knowledge. “The song describes the scenes of violence,” the prosecutor nodded.

Gainutdinov continued: “But the phrase from the song:“ I will buy flowers, strawberries, sorry, g **** new and I will live with love in my heart. ” You say that this song promotes asocial behavior. Where?!" The judges grimaced. "What is asocial to give flowers, love and use contraceptive means?" - the defender of the "bloodstream" reformulated. The prosecutor asked not to pull the phrase out of context, but she did not dare to delve further into the details.

Nikolskaya clarified the requirements of the prosecutor's office. She said that the agency insists on blocking the texts of 11 songs from the Gantel's album of the “bloodstock” album; The site screensavers where two animated characters strike each other with a “rose” from a broken bottle and a mount; Two photographs, in one of which the musician Anton Chernyak poses with dollar bills and a package of some kind of grass, and on the other-musician Dmitry Fayn with a cigarette. “Why did you decide that the package has a narcotic substance? - Fayn was imposed. - This is parsley! I personally put it there, and then took a picture! ” “Experts from the FSKN suggest that it can be a narcotic substance,” stood on her prosecutor.

Gainutdinov said that the decision of the Kirovsky District Court is subject to cancellation, at least on the grounds that the group did not know anything about him, and this violated her right to creativity. He insisted that Noir and Black Humor is an important component of the songs “Cloudy”, and the protest against the system is one of the foundations of rock music as such. He said that many Russian writers wrote about sex, drugs and violence - Dostoevsky, Babel, Bulgakov, Nabokov - and there was nothing for them from the prosecutor's office and Roskomnadzor.

“We are artists, the group is our project. All stories from our songs are fiction. And there is nothing in them that cannot be seen on the street and on TV. And instead of fighting the phenomenon, you are fighting with us, ”said Anton Chernyak. He added that censorship will only lead to an increase in the popularity of songs. And he did not cunning: at the October concert "Beloner" in St. Petersburg in a small hall, about 1300 people were packed. “You want to take away our inseparable rights to creativity and the dissemination of information. In our free country, where these rights are spelled out in the Constitution, this is at least strange, ”said Fayn with a very serious look.

The judges announced a short break. The press secretary of the Yaroslavl Regional Court, similar to a strict school teacher with thirty years of experience, approached Chernyak. “Your early work is closer to me. In the late, there are still things that are no longer quite clear to me, ”she told a stunned musician.

After the break, the announcement of the written materials of the case began - in this case, these were songs. “The authors are Shilo, Dr. Feldman,” the judge Peskov listed the creative pseudonyms of musicians. - I just can't understand the third surname. Paul ... Paul ... "" Half a trap, - Chernyak came to the rescue. - Semi -trap, your honor! "

The further looked something like this. Judge Peskov retold the meaning of the songs, as he understands it. The musicians, as a rule, agreed with the interpretation. The prosecutor said that the propaganda of which is contained in these songs. “Here is Shurik. In what words are the signs of propaganda? - thought the judge. - The hero talks about his experiences. He is not going along with him ... and the weather around is not good. " The musicians nodded: everything is so, your honor. “Our position is based on the opinion of linguists. I can’t call verbs, encouraging action, ”fatigue sounded in the prosecutor's voice.

“Let's see, here we have something.” The song "Kisa". Here we have a girl, ”the judge continued. - Certain actions are performed with her. They include, let's say, to sexual intercourse.

- Love lyrics! - The musicians nodded.

“It is subject to the ban, as it pushes depraved actions in relation to a minor,” the prosecutor did not agree.

“Or is not subject,” the judge did not agree. -The age of the young lady is not clear what.

- She can be a minor! - the prosecutor resisted with the last forces.

- What is the assumption based on? - Gainutdinov was indignant.

- On the fact that age is not indicated! - the standing Nikolskaya already held her hand to the table.

- Pushkin in love lyrics is also not indicated! - almost shouted to the prosecutor Fayn.

- Give me an example. We will consider how it should be, ”Nikolskaya waved to the classic.

- I remember a wonderful moment, you appeared before me. Like a fleeting vision, like a genius of pure beauty, ”Fayn addressed the prosecutor.

“Let's continue,” the judge sighed. - The song "Night". Here we have depression depicted. The hero walks and wants to smoke everything. What smokes is incomprehensible from the text. Who will explain?

So the court analyzed all 11 songs from the album "Gantel". They especially liked the one where the hero chews the tramal with hematogen, and Moscow glows and collapses around him. "What's wrong?" - the whole three of the Yaroslavl regional court was surprised.

After short debate, the court went to the meeting and returned in an hour, announcing only the resolution of the decision. Claims of the prosecutor’s office are completely rejected, the decision of the Kirovsky district court of the city is canceled. It was a complete victory of the “bloodstream” and their lawyer. Confused musicians received congratulations, the spokeswoman for the regional court wished them further creative success.

Andrey Kozenko

Yaroslavl