The State Duma in the second reading adopted a package of bills on increasing responsibility for the rehabilitation of Nazism

Yarovaya's bills on strengthening criminal liability for the rehabilitation of Nazism on the Internet, introducing criminal liability for "insulting the memory" of veterans and on expanding the administrative liability of legal entities were adopted in the second reading. On March 16, 2021, the State Duma adopted in the second reading a package of bills on strengthening responsibility for the rehabilitation of Nazism.

Two bills - on amendments to the Code of Administrative Offenses (CAO) and Art. 354.1 of the Criminal Code (rehabilitation of Nazism) - introduced to the Duma on November 6, 2020 by deputy Irina Yarovaya. In the first reading, the bills were adopted on February 10, 2021.

were made to the texts of the bills By the second reading, amendments , introducing criminal and administrative liability for disseminating knowingly false information about veterans, humiliating their honor and dignity, and insulting the memory of the defenders of the Fatherland. In addition to Yarovaya, the initiators of the amendments included Alexander Khinshtein and Sergei Boyarsky (United Russia), Ivan Melnikov, Nikolai Kharitonov and Mikhail Shchapov (KPRF), Andrei Lugovoy (LDPR), Mikhail Yemelyanov and Nikolai Ryzhak (Fair Russia).

Now, according to Part 1, Art. Deputies propose to punish also for the public dissemination of deliberately false information about veterans of the Great Patriotic War. At the same time, it is proposed to bring the maximum sanctions to a fine of three million rubles and imprisonment for up to three years (now - a fine of up to 300 thousand rubles, forced labor or imprisonment for up to three years).

If such a crime is committed by a group of persons, in the media or the Internet, then it should be punished under part 2 of this article, the deputies believe. At the same time, the sanctions in the bill increase to a fine of up to five million rubles or imprisonment for up to five years. In the current wording, part 2 concerns only the use of official position and the media and provides for fines of up to 500 thousand rubles, forced labor and imprisonment for up to five years.

In addition, it is proposed under Part 3 of Art. 354.1 of the Criminal Code, which now punishes the dissemination of "expressing clear disrespect for society information about the days of military glory and memorable dates of Russia related to the defense of the Fatherland, as well as desecration of the symbols of Russia's military glory", also punish for insulting the memory of the defenders of the Fatherland and humiliation of honor and dignity veterans of the Great Patriotic War. For this, it is proposed to establish liability in the form of a fine of up to three million, or compulsory labor for up to 360 hours, or corrective labor for a term of up to one year, or forced labor, or imprisonment for a term of up to three years with a ban on certain activities for a term of up to three years (in the current version - a fine of up to 300 thousand rubles, compulsory work for up to 360 hours, or corrective labor for up to a year).

For such a crime committed by a group of persons or in the media and the Internet, the deputies propose to introduce punishment in the form of a fine of two to five million or a salary for a period of one to five years, or forced labor for up to five years, or imprisonment for the same term with deprivation of the right to engage in certain activities for up to five years.

Art. 13.15 of the Code of Administrative Offenses (abuse of freedom of the media), the deputies propose to supplement part 4.1, according to which " Public dissemination of information denying the facts established by the verdict of the International Military Tribunal for the trial and punishment of the main war criminals of the European Axis countries, or approving the crimes established by the specified verdict, and equally public dissemination of deliberately false information about the activities of the USSR during the Second World War, about veterans of the Great Patriotic War, including those committed using the media and (or) information and telecommunication networks (including the Internet network) will be punished by an administrative fine for legal entities from three to five million rubles with or without confiscation of the subject of the administrative offense.

In part 4 of Art. 13.15 of the Code of Administrative Offenses it is also proposed to introduce a ban on " public humiliation of the honor and dignity of a veteran of the Great Patriotic War." Fines under this part of the article for legal entities will also amount to three to five million rubles.

We believe that in the current wording of Art. 354.1 of the Criminal Code can be used to prohibit historical discussion. And strengthening criminal and expanding administrative liability for legal entities will not eliminate this problem, but will also expand the scope of the article and the potential for its use for insufficiently justified restriction of freedom of speech. This can be facilitated by the introduction of the concept of "humiliation of honor and dignity" into the criminal article, which is used in Art. 5.61 of the Code of Administrative Offenses (insult), and the use of such vague concepts as "insulting the memory".

Sources

• Draft Law No. 1050733-7 "On Amendments to Articles 3.5 and 13.15 of the Code of Administrative Offenses of the Russian Federation" // CREATION GAS "Lawmaking". 2021. March 16.
• Draft Law No. 1050812-7 "On Amendments to Article 354-1 of the Criminal Code of the Russian Federation" // CREATION GAS "Lawmaking". 2021. March 16.