From decriminalization to criminalization: the State Duma adopted the bill on the protection of state security in the second reading

Formerly the Duma Committee on State Construction and Legislation approved proposals to tighten the responsibility for propaganda and distribution of prohibited symbols, travel abroad for those with access to state secrets and the non-use of special equipment by telecom operators.

On July 5, 2022, the State Duma adopted a bill on amending the Criminal and Criminal Procedure Codes in the second reading after the Committee on State Construction and Legislation approved amendments to it a day earlier. The bill provides for changes in the legislation in the field of state security. The document was submitted to the State Duma on May 25 by deputies Vasily Piskarev, Ernest Valeev, Andrey Kartapolov, Andrey Krasov and Anatoly Vyborny, and on June 14 it was adopted in the first reading .

For the second reading, the bill was supplemented with "partial criminalization" of propaganda and production of prohibited symbols, violations of travel abroad for those with access to state secrets and non-use of special equipment telecom operators.

Thus, in general, deputies propose to make the following changes to the Criminal Code:

• supplement Art. 208 of the Criminal Code (organization of illegal armed formation) part 3, according to which to punish citizens and residents of Russian stateless persons for participation in any armed conflicts abroad, "contrary to the interests of the Russian Federation." Offered punishment in the form of imprisonment for a term of 12 to 20 years with a fine in the amount of from 500 thousand rubles or income for a period of up to three years or without it and with restriction of freedom for up to two years;
• introduce a new art . 274.2 of the Criminal Code (violation of the rules for centralized control of technical means of countering threats to the stability, security and integrity of functioning on the territory Russian Federation information and telecommunications network "Internet" and public communication networks); this idea appeared in the wording of the bill, which will be submitted to the second reading. Part 1 of the new article punishes those operators communications (officials, individual entrepreneurs) that have previously been fined for repeated violation of the installation order, operation and modernization of technical means of countering threats (TSPU) under Part 2 of Art. 13.42 of the Code of Administrative Offenses (CAO). She punishable by a fine of 700 thousand to one and a half million rubles or in the amount of income for a period of a year up to eighteen months, corrective labor for up to a year, forced labor for up to three years, or imprisonment for the same term. The same punishment provides for Part 2 of Art. 274.2 of the Criminal Code, which punishes those who will already be punished for repeated violation of the requirements for passing traffic through the TSPU under Part 2 of Art. 13.42.1 of the Code of Administrative Offenses (the introduction of the latter into the Code of Administrative Offenses provides for this bill);
• extend the scope of Art. 275 of the Criminal Code (treason) for the transition on the side of the enemy (that is, participation in the composition of the troops opposing Russia) in conditions of armed conflict, hostilities or other actions with the use of weapons and military equipment, in which the Russian Federation; indicate in a note to Art. 275 that face committed the crimes provided for by this article, as well as Art. 276 (espionage) and 278 of the Criminal Code (violent seizure and retention of power), is exempted from criminal liability, if it voluntarily and promptly informed the authorities or otherwise contributed to prevent further harm to Russia's interests and if his actions do not there was a different corpus delicti;
• supplement the Criminal Code with a new art. 275.1 of the Criminal Code , which will punish for "establishing and maintenance by a citizen of the Russian Federation of cooperation relations on on a confidential basis with a representative of a foreign state, international or foreign organization in order to assist them in activities knowingly directed against the security of the Russian Federation" in the absence of signs of a crime under Art. 275 of the Criminal Code on treason. In the variant bill submitted for the first reading, it was said that international or foreign organizations with which it is forbidden to cooperate will be include organizations acting "in the interests" of a foreign special services, as well as PMCs, however, for the second reading, this clarification from the bill fell out. As punishment, it is proposed to establish deprivation freedom for a term of two to eight years with a fine of up to one million rubles or income for a period of up to three years or without it, as well as with a limitation freedom for up to two years or without it. Those who "voluntarily and in a timely manner" announced cooperation and did not commit any "actions for the execution" of the received task, it is proposed exempt from liability;
• extend the scope of Art. 276 of the Criminal Code (espionage) on "transfer, collection, theft or storage for the purpose of transfer to the enemy information that can be used against the Armed Forces of the Russian Federation, other troops, military formations and bodies of the Russian Federation, committed in the context of an armed conflict, hostilities or other actions with the use of weapons and military equipment with the participation of the Russian Federation"; for the second reading, it was decided to add a note to the article about that an adversary is a "foreign state, international or foreign organization opposing the Russian Federation in an armed conflict, hostilities or other actions using weapons and military equipment";
• supplement the Criminal Code with a new article, art. 280.4 of the Criminal Code (public appeals to the implementation of activities directed against the security of the state - in the absence of signs of crimes under Art. 205.2, 280, 280.1, 280.3, 284.2 and 354 of the Criminal Code).

Under part 1 of this article for public calls to carry out activities, directed against the security of the Russian Federation, or impeding the execution by the authorities and their officials of their authorities to ensure the security of the Russian Federation, it is proposed to punish either a fine from 100 to 500 thousand rubles or in the amount of income for a period of one to three years, or imprisonment for a term of two to four years with deprivation of the right hold certain positions or engage in certain activities up to three years or without it;

Part 2 for the same acts committed by a group of persons upon prior conspiracy, by a person using his official position or with using the media and the Internet offers punishments in in the form of a fine from 300 thousand to a million rubles, or income for a period of three to five years, or in the form of imprisonment for a term of three to six years with deprivation the right to hold certain positions or engage in certain activities for a term of up to five years or without it, and with restriction of liberty for a term of six months to two years or without it; Under part 3 for the acts provided for by the first two parts, committed organized group or with the threat of violence, it is proposed establish a sentence of imprisonment for a term of five to seven years with a fine in the amount of 500 thousand to 2.5 million rubles or in the amount of income for period from three to five years, with restriction of liberty for a period of six months to two years or without it and with deprivation of the right to hold certain positions or engage in certain activities for up to fifteen years or without such;

Co. the second reading, the lawmakers decided to provide the proposed new article note that in it under activities directed against the security of Russia means committing at least one of the crimes under Art. 189, 200.1, 209, 210, 222-223.1, 226, 226.1, 229.1, 274.1, 275-276, 281, 283, 283.1, 284.1, 290, 291, 322, 322.1, 323, 332, 338, 355-357, 359 of the Criminal Code;

• introduce a new art . 282.4 (repeated propaganda or public display Nazi paraphernalia or symbols, or paraphernalia or symbols extremist organizations, or other paraphernalia or symbols, propaganda or public demonstration of which is prohibited by federal laws), i.e. criminalize the repeated violation of Art. 20.3 of the Code of Administrative Offenses by a person subjected to punishment under this article (it should be borne in mind that, according to Article 4.6 of the Code of Administrative Offenses, the violator is considered punished within a year from the date the decision on sentencing comes into force until the expiration of a year from the day the execution of this decision ends). The deputies came up with this idea while preparing the bill for the second reading.

Part 1 of this article should punish propaganda or public display of Nazi or attributes and symbols similar to it, as well as attributes and symbols extremist organizations or others whose propaganda and demonstration prohibited by federal laws of those who have already been punished under Part 20.3 of the Code of Administrative Offenses. Provided sanctions in the form of a fine in the amount of 600 thousand to a million rubles or in the amount of income for a period of two to three years, compulsory work for up to 480 hours, correctional labor for a term of one to two, forced labor for a term of up to four years or imprisonment for the same term. Part 2 Art. 282.4 of the Criminal Code should punish for the manufacture or sale for the purpose of promotion or acquisition for the purpose of sale or promotion of all the above paraphernalia or symbols - a fine in the amount of 600 thousand to a million rubles or in the amount of income for a period of two to three years, mandatory works for up to 480 hours, corrective labor for a period of one year to two, forced labor for up to four years, or imprisonment for the same period;

• add to the Criminal Code Art. 283.2 (violation of requirements for protection of state secrets), which provides for punishment for violations of the rule departure of citizens who were allowed access to state secrets; the proposal went to the second reading.

Ch. 1 new article punishes a citizen for leaving Russia, admitted or previously admitted to state secrets, whose right to departure from known to him is restricted in accordance with the legislation on state secret, and provides for a fine in the amount of two hundred thousand to five hundred thousand rubles or in the amount of income for a period of one to two years, by imprisonment for a term up to three years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it. Ch. 2 should penalize the illegal movement or transmission of media containing information constituting a state secret, outside the country, in the absence of signs crimes under Articles 226.1, 275, 276 and 283.1 of the Criminal Code - a fine in the same amount or imprisonment for up to four years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without it.

hh. 3 and 4 of the same article provide for penalties under aggravating circumstances - with violence or with the threat of its use, or by an official with use of one's official position or by a group - up to 600 and 700, respectively thousand rubles fine and up to six and seven years in prison with deprivation of the right hold certain positions.

• extend the scope of Art. 284.1 of the Criminal Code on participation in the activities of "undesirable organizations", their financing and organization of activities not only in Russia, but also in any other territories;
• toughen liability under Art. 359 of the Criminal Code (mercenarism):

under part 1 (recruitment and training of a mercenary) - up to terms from 12 to 18 years of deprivation freedom (now - from four to eight years); under part 2 (the same acts committed using the official position or in relation to a minor) - up to imprisonment for a term of 15 to 20 years (now - from seven to 15 years);

under part 3 (participation of a mercenary in an armed conflict) - up to imprisonment for term from seven to 15 years (now - from three to seven). This rule is also proposed do not apply to cases that will be covered by the new part 3 of Art. 208 UK (see above).

According to the amendments to the Code of Criminal Procedure, to investigate cases under the new Art. 208.4 and 280.4 CC both investigators of the Investigative Committee and the FSB will be able, according to 282.4 of the Criminal Code - only the Investigative Committee, and according to Art. 275.1 and 283.2 of the Criminal Code, including the preliminary investigation - only the FSB. Consider cases under Part 3 of Art. 208, Art. 208.4 and 275 of the Criminal Code will have to be the courts of the subjects of the federation, according to Art. 274.2 of the Criminal Code - justices of the peace.

The law is expected to enter into force on the date of its publication, except for the provisions of Art. 274.2 related to the yet non-existent administrative Art. 13.42.1 - they must enter into force simultaneously with its inclusion in the Code of Administrative Offenses - 1 January 2023.

Sources

• Draft Law No. 130406-8 "On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation" (in order to improve the criminal law protection of the national interests of the Russian Federation, the rights and freedoms of citizens from new forms of criminal activity and threats to state security) // CREATION GAS "Lawmaking". 2022. July 4th.