The LDPR deputy proposes to change Art. 282 CC

State Duma deputy Sergei Ivanov developed a draft law on the liberalization of Art. 282 of the Criminal Code.

On February 14, 2017, Sergei Ivanov, a member of the LDPR faction, submitted to the State Duma a bill on modifying Art. 282 of the Criminal Code (inciting hatred or enmity, as well as humiliation of human dignity).

The amendments provide for the introduction of the existing parts of Art. 282 wording, which limits it only to actions that "caused significant harm to the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state, or the onset of other grave consequences ."

At the same time, it is proposed to supplement Art. 282 the third part, which would cover " propaganda of exclusivity, superiority or inferiority " and actions affirming the need to commit crimes " against a person or a group of persons on the grounds of sex, race, nationality, language, origin, attitude to religion, as well as belonging to any or social group "committed publicly, in the media or via the Internet. At the same time, the sanction for this part is provided for in the form of a fine in the amount of 100 to 300 thousand rubles or in the amount of wages or other income of the convicted person for a period of one to two years, or in the form of deprivation of the right to occupy certain positions or engage in certain activities for up to three years.

In the explanatory note, Ivanov points out that the current wording about "actions aimed at inciting hatred" is broader than the concepts of "agitation" and "propaganda", which introduces legal uncertainty and leads to a restriction of freedom of speech. At the same time, the deputy points to discussions in the media and in the legal community and appeals to the decision of the Plenum of the Supreme Court No. 11, which notes the need to prove the intent to incite hatred and enmity. According to Ivanov, the proposed amendments will bring uniformity to law enforcement practice and ensure the protection of freedom of speech.

The Russian government and the Supreme Court gave negative reviews of the bill. According to the Supreme Court, the concept of "propaganda" was previously excluded from Art. 282 of the Criminal Code, as it is one of the possible actions aimed at inciting hostility. The court does not agree with the interpretation of its own decision: it explains that the actions punishable under Art. 282 of the Criminal Code, may be calls not only for crimes, but also for other illegal acts against social groups. At the same time, according to the court, Ivanov did not take into account his explanation about the need to take into account the context, form and content of statements on the Internet.

From our point of view, anti-extremist legislation needs to be changed, and Ivanov's proposal to liberalize Art. 282 of the Criminal Code is not devoid of rational grain, although the proposed mechanism is palliative.

Deputies from the Liberal Democratic Party have repeatedly proposed to completely abolish Art. 282 of the Criminal Code. Back in 2005, Nikolai Kuryanovich submitted a bill to the State Duma to repeal Articles 282, 282.1 and 282.2 of the Criminal Code. In 2009, LDPR leader Vladimir Zhirinovsky introduced a bill to abolish Art. 282, in 2011 he proposed to repeal the federal law "On counteracting extremist activity", and in 2013 he initiated an amnesty for convicts under Art. 282. In 2016, again proposed to cancel the controversial article. deputies Aleksey Didenko, Mikhail Degtyarev and Ivan Sukharev

Sources

• Bill No. 102070-7. On Amendments to Article 282 of the Criminal Code of the Russian Federation // Automated system for ensuring the legislative activity of the State Duma. February 14, 2017