Alexander Byvshev sentenced to forced labor

A verdict was passed in the case of inciting hatred towards Russians in the poem "On independence of Ukraine".

On April 9, 2018, the Kromsky District Court of the Oryol Region ruled verdict in case the poet's and a former schoolteacher from the village of Kromy Alexander Byvshev. Byvshev was sentenced under Part 1 of Art. 282 UK (inciting national hatred) to 330 hours of mandatory work with a ban on teaching for three years. Recall that the prosecutor of the Kromsky district asked that Byvshev be sentenced to two and a half years of imprisonment in a colony-settlement.

Consideration of the criminal case against Byvshev for publishing the poem "On independence of Ukraine" began in December 2017. The reason for the initiation case was served by the fact that in February 2015 he published on his page in social networks "VKontakte" poem "On independence Ukraine", according to law enforcement agencies, inciting hatred towards Russian by ethnic Ukrainians.

From our point of view, in the poem "For the Independence of Ukraine" did contain statements that could be interpreted as humiliating for Russians, but it had a political rather than a xenophobic character. In addition, we believe that humiliation should be excluded from the criminal article as an act of minor gravity.

During the process, a case was also opened against Byvshev under Art. 294 of the Criminal Code (obstruction of the administration of justice and conducting a preliminary investigation) - for the dissemination of information about course of the court. In our opinion, the attempt of the prosecutor's office to prevent the coverage of process is illegal. In addition, on April 3, 2018, a criminal complaint was filed against Byvshev new case about publication of poems - also under Art. 282 of the Criminal Code, and again without proper reason.

Recall that in 2015 Byvshev for the publication of the poem "Ukrainian patriots" was sentenced by Kromsky district court of the Orel region for the same part. 1 Article. 282 of the Criminal Code by 300 hours compulsory work with a ban on the profession (teaching at school) for two years and laptop confiscation. On August 26, 2015, the verdict was confirmed by Orlovsky regional court and later entered into force. complaint about this sentence passed to consideration by the ECtHR and communicated .

Sources

• Poet Oleksandr Byvshev sentenced to compulsory labor for verse in support of Ukraine // OVD-Info. April 9, 2018