Own goal kick

What is wrong with the law on responsibility for the execution of sanctions

The State Duma adopted in the first reading amendments to the Criminal Code, introducing criminal liability for the implementation or assistance in the establishment of "anti-Russian sanctions". The project, submitted by the leaders of all four Duma factions, as well as the chairman of the Federation Council, Valentina Matvienko, in accordance with the explanatory note, is aimed at "protecting the interests and security of the Russian Federation, the rights and freedoms of citizens of the Russian Federation and the legitimate interests of Russian legal entities." True, these intentions can at any moment turn against their authors, and in strict accordance with the law they invented.

It is proposed to supplement the Criminal Code with Article 284.2 "Restriction or refusal to perform ordinary business operations or transactions in order to assist in the execution of restrictive measures imposed by a foreign state, an alliance of foreign states or an international organization." And to punish both for the implementation of "restrictive measures", that is, international sanctions, and for the commission by a citizen of the Russian Federation of deliberate actions that "facilitate the imposition" of sanctions, "including through the provision of recommendations and the transfer of information that led or could lead to the introduction of restrictive measures. character." For this, it is proposed to punish with a fine of up to 500-600 thousand rubles or imprisonment for up to three years.

According to the first part of this construction, Sberbank or VTB may well be punished, which, in order not to fall under sanctions, do not work in Crimea (however, they will find a way to save them from under the scrip or prison).

Much more dangerous is the second part of the construction, according to which anyone can be punished. Most likely, the goal of the authors of this construction was to prohibit — under pain of criminal punishment — the dissemination of any information about the lawlessness, arbitrariness and corruption of Russian officials, deputies, security officials and oligarchs. About those who brought Magnitsky to death and refused to treat Aleksanyan, about those who tortured anti-fascists in St. who created and financed the "Olga trolls".

Any journalistic (and not only) investigations concerning representatives of government and business are banned: after all, any information about them “could lead” to the imposition of sanctions. Submitted information? Transferred. Behind the bars.

Public activists who expose electoral fraud are under the threat of prison. It will be possible to go to jail for calls to impose sanctions against malicious violators who fabricate cases against political prisoners and issue unjust sentences to them. After all, this is purely a “recommendation”.

Meanwhile, “could lead” and “facilitating the introduction” are wordings that, in strict accordance with the methodology of anti-corruption expertise approved by the Ministry of Justice, refer to corruption factors that are unacceptable in regulatory legal acts. Since "they establish unreasonably wide margins of discretion for the law enforcer or the possibility of unreasonable application of exceptions to the general rules." Did they remember this when passing the law?

Indeed, under these formulations, the Russian court or the investigation can, if desired, "adjust" anything. And go and prove that certain actions could not lead to the imposition of sanctions!

Even the publication of information about the full support of the oligarch S. for the political course of President P. and the party E.

However, following the logic of the law, it will be necessary to prosecute all those involved in the political decisions of the Russian government, which entailed the imposition of sanctions. Namely, those who initiated, supported and organized the annexation of Crimea and supported the formation of self-proclaimed “republics” in eastern Ukraine. After all, it was these actions that caused the sanctions, right?

By the way, four years ago, when these sanctions were introduced, Russian officials, State Duma deputies and senators were insanely proud of being on the sanctions lists. They almost demanded that they be included there and asked "not to make their Iskanders laugh." They assured us in unison that these sanctions would not do any harm to our economy, but only benefit. That as a result of "import substitution" everything will grow and rise like never before.

What happens? If sanctions are really so useful and honorable, their implementation should not be punished, but rewarded. And if it is necessary to imprison for their execution, then the thought involuntarily arises: maybe the sanctions are not so useful for the domestic economy, as they tell us on TV?

Last thing. If this law on punishment for "implementing sanctions" or "facilitating their imposition" is adopted and signed, it may well "lead" to the introduction of new sanctions against those who introduced it and voted for it. And after that they will be prosecuted - in full accordance with the law adopted by them. For assistance in imposing sanctions against themselves.