Results of the press conference "Anti-terrorism bill: a path to the renunciation of civil and religious freedom?"

June 27, 2016 The Slavic Legal Center hosted an event organized by the Center jointly with Information and analytical center "SOVA" press conference dedicated to the June 24 amendments to the law “On Combating Terrorism” and other legislative acts of the Russian Federation. The amendments were made by the chairman State Duma Committee on Security and Anti-Corruption Irina Yarovaya and Chairman of the Federation Council Committee on Defense and Security Viktor Ozerov. We publish a report by Svetlana Solodovnik.

Gathered at a press conference, experts and religious leaders of Russia discussed in detail essence of the draft law and expressed their concern about the consequences that could arise as a result of its application in practice.

Leading press conference Member of the Expert Council of the State Duma Committee on affairs of public associations and religious organizations Konstantin Andreev admitted that the expert community that did not take part in the drafting of the bill, excited about the innovations, which so far give rise to more questions than answers. The press conference, in fact, was convened in order to start thinking about the possible consequences. Relevant the topic was also designated in this way: “Anti-terrorism bill: the way to renunciation of civil and religious freedom? .

Directors Information and analytical center "Sova" and a member of the Council under the President of the Russian Federation for the development of civil society and human rights, Alexander Verkhovsky is concerned about innovations moments. Firstly, punishments are increased for a number of articles. Meanwhile, regular monitoring shows that in practice the prosecution almost never asks for the maximum punishment available in the current legislation – why then, you ask, raise?

Also Penalty for recruitment or involvement in an organization has been added to the Criminal Code mass riots, which are practically not observed in Russia.

returned in the Criminal Code, the article on failure to report is ambiguous: for example, a certain a citizen sees that his neighbor is making a bomb, Verkhovsky gave an example, from where does he know what this bomb is for - for a terrorist attack or for blowing up his mother-in-law? Meanwhile, about it is not necessary to report the intention to kill the mother-in-law.

Paragraph, obliging to report on participation in illegal armed groups, may create difficulties for some regions, Verkhovsky noted: say, in There is hardly a person in Dagestan who does not know at least one person, who went into the forest. It turns out that the whole republic should rush after the adoption law to the prosecutor's office?

disturbing also lowering the age of responsibility for some articles from 16 to 14-15 years old. And the fact that for all crimes the search period is without permission increases to 3 days.

Most The “mysterious” part of the bill, according to Verkhovsky, concerns Internet providers. Even the requirements “softened” after the first reading - keep information about facts for three years reception, transmission, delivery and processing of voice information and text messages, images, sounds and videos, and the entire volume of communications - during six months - practically creates conditions for providers that are incompatible with life. “There are incredibly many grounds for claims, which means that everything will be keep on informal relations and be applied selectively, ”concluded expert.

Honorable Russian lawyer Vladimir Ryakhovsky , Managing Partner of the Law Office "Slavyansky Legal Center", began his speech saying that the procedure for adopting anti-extremist amendments reminded him how in 1997 the current law “On Freedom of conscience and religious associations. Then, on the day the law was passed, he was handed over to the deputies only on paper, with a fair amount of input restrictions, no other information about the law could be found.

That the same thing happened now: the text was handed out to the deputies on the eve of the day paper review. Amendments on missionary work within anti-extremist bill was prepared by the Security Committee, nor in Expert Council of the State Duma Committee on Public Associations and religious organizations, nor in other expert bodies of the bill have not seen - the law was adopted swiftly, no amendments were made to the information base, it appeared only after the law was passed.

Some naive people try to explain the severity of the law regarding the new rules for missionaries (roughly speaking, it will be possible to engage in a mission only with a certificate from religious organization) in that it is aimed at new religious movements, and old religious organizations will not be affected, Ryakhovsky noted. This is mistake, I am sure the lawyer, the law will affect absolutely everyone. Start with what he enters the concept of "missionary activity" and defines it. Is it the case states to define missionary activity, wondered advocate. “So soon the state will want to explain to us what worship is, religious rites, and tomorrow decides to explain what God is.

Necessary as soon as possible to accept an appeal to the President on the rejection of this law, Ryakhovsky is convinced. In addition to unjustified restrictions, he sins with many inconsistencies with the Constitution, with other legislative acts, with many contradictions and ambiguities - according to this law, it is quite obvious that in terms of religious problems it was written by non-professionals.

Doctor jurisprudence and editor-in-chief of the journal "Religion and Law", a member of the Commission on improvement of legislation and law enforcement practice of the Council for interaction with religious associations under the President of the Russian Federation, Anatoly Pchelintsev also touched procedures for the adoption of the law - it did not pass the required stages of discussion in various expert councils. Even the State Duma Committee on Public Affairs associations and religious organizations headed by Yaroslav Nilov bypassed side. Attempts to limit missionary activity began 20 years ago, the lawyer recalled, then 33 regional laws were adopted, which introduced chaos in relations between the state and religious organizations. So far from Most of those 33 laws have been repealed, only 12 remain, but even those do not work. However, with the initiative of the Arkhangelsk (then) diocese, a new wave began - laws on missionary activity began to pass in the second round. On them there are already more than 25,000 complaints. Why pass laws that bring confusion, the lawyer expressed bewilderment.

Main editor of the journal "Legal Religious Studies" and Chairman of the Board of the Guild experts in religion and law Inna Zagrebina does not share the illusions of those who hope that the president will not sign law, and if he signs it, it will not work - it will, she is sure, and most in an unpleasant way: giving scope to voluntarism. "Legal literacy of our law enforcement agencies is well known,” she noted, “so in in the coming years we must expect a wave of court cases related to the missionary amendments.

After speeches of the announced speakers, a lively discussion unfolded in the hall, covering literally all the participants of the press conference.

Professor rights Lev Simkin anticipates that for law enforcement, especially for the so-called Center "E" (Center on countering extremism), the fight against quiet "extremists" from of Christian denominations instead of "violent" Wahhabis will turn into a reality pleasure. However, Protestants, of whom there are not so many in Russia, are unlikely to can organize powerful resistance to an unjust law. "Necessary attract to your side mobile operators who lose on this law millions,” advised Lev Simkin.

Konstantin Andreev is sure that the matter will end with an appeal to the Constitutional Court, since the adopted amendments are nothing other than an attempt to implement a new serfdom.

Doctor Philosophical Sciences Mikhail Shakhov proposed organize competitions for young lawyers based on the new legislation under the motto "Who will count more inconsistencies in it." In his opinion, at an optimistic forecast, anyone will be able to get around the adopted “missionary amendments”, with a pessimistic one, anyone will be fined and he will have to run around the courts.

Adventist Oleg Goncharov believes that the law should be sent for revision . "We are not oppose anti-extremist measures, but it is illegal to include in bill of articles that infringe on the rights of believers,” he said, adding, that the draft law shows that the legislator does not give a damn about civil society.

Representative Baptists Sergei Belov fears what is a powerful democratic gain, like the right to freedom creed, is now called into question. "This is a planned action, in someone is very interested in the law, so there is no hope for sound decisions, ” he said.

Members press conferences dispersed with the intention of taking action in the very near future decisive steps to rectify the situation.