What threatens ordinary supporters of Navalny if the FBK is recognized as an extremist organization

The trial on the recognition of the FBC and the headquarters of Navalny with extremist organizations will begin on April 26. In the case of a positive solution, almost any contact with these structures will threaten criminal articles. The Bell talked with lawyers and figured out who, after such a decision, would be under the blow.

When will FBK be prohibited?

On April 26, the trial of the FBK (recognized in Russia by the ino -agent, we indicate this at the request of the authorities) and the headquarters of Navalny will already begin, the Moscow City Court announced today. This is not the main meeting, but the conversation, during which pre -trial preparation and verification is held how much the material is ready for the listening of the case, the managing partner of the Law Bureau of Prositum Dmitry Galantsev explained to The Bell. Most likely, on April 26, the court will set the date of consideration of the case on the merits. It can last from several weeks to two to three months.

Alexey Dobrynin

Managing Partner of the St. Petersburg Office of the Bar Association Pen & Paper

According to the prevailing practice, such a category of cases is considered by the courts promptly. In the first instance, the decision is usually made for two or three meetings-that is, we are talking literally about weeks. If the prosecutor’s claim is satisfied, the organization will be obliged to stop its activity immediately, without waiting for the appeal. In this part, court decisions are subject to immediate execution. After that, according to the law, representatives of the organization will have a month to file an appeal. After its consideration, the court decision will enter into legal force in full. This means that the organization will be included in the Ministry of Justice in a special register, and legal entities will be liquidated.

According to Galantsev, it was important for the FBK whether the application was filed with an administrative statement of suspension to suspend the organization’s activities. If the decision on it is made, the FBK will be obliged to completely pause all public work and the Navalny team will not be able to call on rallies.

The head of the international human rights group "Agora" Pavel Chikov notes that it is not yet very clear how the trial of Navalny’s headquarters will go. “Such a legal entity with a clear organizational structure does not exist, the prosecutor’s office called the headquarters“ movement ”, and in fact it is an extensive network structure. It is completely unclear who, for example, will be the plenipotentiary of the headquarters, ”Chikov notes.

What will threaten employees of the FBK and Navalny's headquarters?

Automatically, making an organization to the list of extremist organizations does not mean initiating criminal cases against all its employees, lawyers explain. However, as Alexei Dobrynin notes, all the employees of the Navalny team “undoubtedly, will be under the close attention of law enforcement agencies - and any actions to continue and renew the previous activities will become criminally punishable under Art. 282.2 of the Criminal Code of the Russian Federation “Organization of the activities of an extremist organization”.

Employees will be strictly forbidden to promote the organization or conduct public events.

Dmitry Galantsev

Managing Partner of the Law Bureau "Prositum"

The conditional employee of the FBK, before expressing his attitude or calling for something, will have to indicate that this is only his personal opinion. There can be no links to the organization from this pore at all.

What will be threatened by the ordinary supporters of Navalny?

As all experts surveyed by The Bell explain, the court of the court does not have the decision of the court-no support for the FBK until the fund was recognized as extremist, cannot be considered criminal. Law enforcement, however, can be completely different.

Dmitry Galantsev

Managing Partner of the Law Bureau "Prositum"

All risks for the audience of Navalny will arise only from the moment of the court decision - 282.2 , and 282.3 , and 20.3 Administrative Code. In order to maximize the risk reduction, I would just offer to remove everything that is posted in support of the FBK and Navalny’s headquarters, even if you are already “on a pencil”, there is even a reservation in criminal articles that if the crime is committed for the first time and the guilty person voluntarily removes the corresponding materials, it is exempted from liability.

Pavel Chikov

Head of "Agora"

Even the old publications on social networks continue to be accessible to an indefinite circle of people and now, the person who once made such a post can be recognized as distributing extremist content. The current law enforcement practice shows that people in 2019 and 2020 were involved in the records that they made in 2011 - if the security forces were not too lazy to unwind the tape. Therefore, those who want to exclude risks, after a court decision, will have to be removed on social networks everything related to the FBK and the Navalny team. There is no doubt that after the court decision comes into force, the centers of counteraction to extremism will receive such posts to identify such posts. By the way, the person who is involved under Art. 20.3 Code of Administrative Offenses, receives some restrictions - for example, cannot be elected anywhere during the year.

Ilya Novikov

Advocate

The law says that for the old publications of people cannot be attracted. But the experience of recent years shows that there are no guarantees, that it will be applied as it is written in the code, and not how the security forces want it. This is the struggle against the opposition, and not with extremists. Therefore, I fully imagine that the major in justification of the charges will write that the person did not remove the repost of the recording of an extremist organization, which ensured its demonstration of an unlimited circle of people. And the court will not find any problems in such a wording.

Asterisk lawyer lawyer Stepan Khantimirov notes that the probability of earned criminal liability will grow if the investigation of Navalny is recognized as extremist materials.

Is it possible to continue to list the donations of the FBK?

Lawyers unanimously emphasize that before the court decision comes, the transfer of donations to Navalny’s structures is possible - this will not be considered a crime. But all the donates listed after the court decision may fall under the article of Criminal Code 282.3 “Financing an extremist organization”, and donations payers can be included in the black list of Rosfinmonitoring as persons finances extremist activities, after which a person’s bank accounts and access to any financial services are blocked .

Pavel Chikov

Head of "Agora"

The same rule is valid - before the court decision, the transfer of money FBK will not be considered criminal. But if a person transfers the organization’s donat after it is officially considered extremist, the corpus delicti will appear. By the way, any suspects and accused of extremism can go to this conditional list.

Stepan Khantimirov notes that although the bulk of the people who made the FBK donations before the recognition of its extremist will not be liable, it is still possible to bring individual former sponsors under the article-but in this case the investigation should prove that they “knew in advance that they financed extremist activity”.

What next?

After the Jehovah's Witnesses were recognized in 2017 by an extremist organization, more than 250 participants in the organization traveled in custody, almost 1.5 thousand searches were held in their dwellings and more than 400 of them were charged, Pavel Chikov brought statistics.

In fact, any manifestation of loyalty to the Navalny team after making a court decision will be criminally punishable - for the transfer of the Donat you can go to jail for 8 years, for a post in social networks with the mention of the FBK and its symbols - for 15 days, and for the exit to the FBK, for 6 years.

Photo on the cover of the material: Evgeny Feldman/Wikimedia Commons/CC-By 2.0