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The Constitutional Court held a meeting to consider a complaint of political prisoners Ildar Dadin to Article 212.1 of the Criminal Code on repeated violations at rallies. The report from the courtroom was conducted by the correspondent of the "faces".
The meeting was attended by the judges of the KS Larisa Krasavchikov, Nikolai Melnikov, Sergey Knyazev, Konstantin Aranovsky, Vladimir Yaroslavtsev, Yuri Rudkin, Sergey Mavrin, Olga Khokhryakova, Gadis Gadzhiev, Lyudmila Zharkova, Sergey Kazantsev, Alexander Kokotov, Nikolai Bondar, Yuri Danilov. The head of the Constitutional Court, Valery Zorkin, chaired.
The KS examined the complaint without Dadin’s participation, since, according to Zorkin, the political prisoner disputes the article itself, and not a specific case of its application to it. The court also decided not to attract the Politzek to participate in the hearings on the video, since "the hall for this is not adapted."
The representative of the Prosecutor General Tatyana Tatyana Vasilieva at the meeting of the KS said that the supervisory authority really has claims to the wording of Article 212.1. However, she emphasized that in general, the article does not contradict the law. "I have identified problems, but I do not consider the article an anti -constitution," Vasilieva curled up.
The meeting was performed by representatives of the president in the Constitutional Court of Mikhail Krotov, the government - Mikhail Barschevsky, the Ministry of Justice - Marina Melnikova. All of them also announced the constitutionality of the “rally” article, although they indicated the need to clarify some provisions.
The representative of the Commissioner for Human Rights Ivan Soloviev noted that "the danger of the personality of the subject with each new violation increases." Referring to the opinion of unnamed experts, he also called the article of the relevant constitution.
The interests of Dadin Sergey Golubok called Solovyov’s words “a knife in the back of human rights”. The lawyer emphasized that the report of the previous Ombudsman was the exact opposite point of view - that Article 212.1 is unconstitutional. Golubka noted that socially dangerous acts at rallies describes an article by the Criminal Code on riots, and Article 212.1 criminals only the participation itself.
The lawyer Ksenia Kostromina said that the public danger of the act of Dadin was not determined. This also sounded in the speeches of opponents, the lawyer noted. There are no victims from Dadin’s actions either, Kostromin emphasized.
The decision of the COP judge will be made closed. The date of announcement will be known later.
A series of single pickets in support of Dadin and against Article 212.1 were held in Moscow and St. Petersburg. In Moscow, Kirill Gilerov, Kamil Sukaeva, Olga Mazurova and Maria Ryabikova, participating in them were detained. After a preventive conversation, they were released. In St. Petersburg, police detained 75-year-old Igor Andreev.
Meanwhile, Kommersant reported that Deputy Prosecutor General Vladimir Malinovsky, in response to a request from the KS , emphasized that "the repeated committing of offenses cannot be considered as a circumstance that increases the degree of danger of such actions to a level characteristic of crimes." In his opinion, the act that has been committed is unlikely "becomes so socially dangerous as to be recognized as a crime."
Malinovsky also noted that the note to Article 212.1 is not fully consistent with the requirements of the certainty of legal regulation. "It is also impossible to recognize the text of the note in the part that establishes the number of cases of bringing to administrative responsibility (" more than two times "), as the conditions of the criminal offensive," the deputy prospector added. To eliminate these problems, it is necessary to change criminal and, possibly, administrative legislation, he believes.
The conclusions of the FEFU experts - the head of the criminal law of Alexander Korobeev, the associate professors of Alexander Maltsev and Alexei Shirshov - largely coincide with the arguments contained in the complaint. In the conclusion of the FEFU, it is noted that the criminalization of repeated violation of the established procedure for holding rallies or other similar shares, as described in Art. 212.1 of the Criminal Code, unfounded. The review notes that "there are no two important criteria for criminalization - a necessary and fairly high degree of public danger of act and causing harm to public relations protected by law."
On December 7, 2015, the judge of the Basmanny District Court of Moscow Natalia Dudar sentenced Dadina under Article 212.1 to three years of general regime ( 
This is the first and, as far as is known, the only verdict on the “rally” article included in the Criminal Code in 2014.