Involvement and punishment

A teenager will judge for the "involvement of minors" in protests

Ivan Luzin is 18 years old, he is a volunteer of the headquarters of Alexei Navalny in Kaliningrad and the first defendant in the case of involving minors in rallies. The law introducing administrative responsibility for involving minors in unauthorized political shares was adopted in December last year. Even at the stage of discussion of the bill, lawyers did not understand how exactly and in relation to whom they would apply. It was also unclear what is meant by “involvement” - the distribution of videos about a rally in social networks or a personal invitation to the teenager to come there. As it turned out, it is enough just to photograph the action of two minor girls, which Lusin did. Now he faces a fine of up to 50 thousand rubles or 15 days of arrest.

According to Lusin "New", the Libertarian party and the Vesna movement came up with an action against torture. Alina Sevtsova, Anastasia Lychagina and Ivan Luzin - all volunteers of the headquarters of Navalny in Kaliningrad. On February 7, they went to Victory Square and stood with posters opposite the city administration building.

“Our decision to join the action was spontaneous. The initial idea was just taking a few photos and leave, ”says Lusin“ New ”. They really managed to take a photo: it can be seen on it that the girls have a black adhesive tape, and ropes are tied on their hands. One of them holds the poster “beaten in the department. Alexander Orshulevich ( defendant of the case of Bars - approx. Ed. ) ” The other - lies, crossing his arms over his chest. Nearby is another poster - “Torture by a stamper. Victor Filinkov ( Victor Filinkov - the accused in the case of the "Network" - approx. Ed. ) "

“I can’t even say that I participated.” Technically, I only shot, ”says Luzin.

- At first, just one girl got up, I took a couple of photos, then the other girl just lay down - I took a couple of photos. And we left. But it never occurred to anyone that it was necessary to leave at all. We decided to go to the cafe. Actually, at the exit of us and “that” we.

According to the activist, the photography took no more than 10 minutes. The detention itself took place with the participation of an employee of the ED Center.

In the department, two protocols were given to the young man - for participating in an unauthorized action (part 5 of article 20.2 of the Code of Administrative Offenses) and for involving minors (part 1.1 of article 20.2 of the Code of Administrative Offenses). The girls were released home with protocols about participation in an unauthorized action. Luzin was left in the police department before the trial.

“As we assumed, the security forces with the help of this law will try various combinations of involvement under Article 20.2,” says Aleksey Glukhov, head of the legal service of the project “Apology of Protest”, which advises Luzina. - One of these combinations is the direct holding of the action and the addition of "involvement of minors." The Kaliningrad security forces decided to distinguish the first in the country and try a new accusation in conjunction. Of course, there is no involvement here. Since the Code of Administrative Offenses does not say anything about this term, we proceed from the interpretation of the “involvement of minors”, which is indicated in the resolution of the Plenum of the Supreme Court on the practice of considering criminal cases with the participation of minors:

“Under the involvement of a minor in the commission of a crime or committing antisocial actions, the actions of an adult aimed at initiating the desire to commit a crime or antisocial actions should be understood. The actions of an adult can be expressed both in the form of promises, deception and threats, and in the form of a proposal to commit a crime or antisocial actions, inciting a sense of envy, revenge and other actions. ”

“Moreover, the child in any case has his own worldview to make a decision whether to go there or not,” Glukhov is sure. - “Come with me - I’ll give you a dough for this for this,” this is one.

But when people themselves come up with a action, they themselves draw posters themselves - there can be no talk of involving.

It will be possible to prove the “involvement”, according to Glukhov, only from the words of minor girls: “This is a matter of subjective perception. One after the words “Let's go arrange a peaceful protest” will say: “Yes, I am also against torture, let's go.” Another can then say that he thought, everything would be different, and he was deceived. The maximum for this can be pulled. But without the testimony of minors, nothing can be done. ”

One of the authors of the bill deputy from United Russia Evgeny Revenko (he explained the need for the law to fight “political pedophiles”) in a conversation with the “new” refused to comment on the case of Ivan Luzin, since “the materials of the case are unknown”.