Litvinovich was brought to justice under Art. 20.3 of the Code of Administrative Offenses for public speaking.
On July 8, 2022, the Savelovsky District Court of Moscow fined two thousand rubles under Part 1 of Art. 20.3 of the Code of Administrative Offenses (public demonstration of the symbols of an extremist organization) Marina Litvinovich.
Litvinovich was previously a member of the PMC of Moscow, and in 2021 she ran for the State Duma. September 20, the day after the election, she spoke at a meeting with voters of the Communist Party on Pushkin Square. According to Litvinovich and her defenders, she was held accountable for using the phrase "Smart Voting" several times in that speech.
In the protocol, the police officers indicated that “ the phrase “Smart Voting”, including in verbal form, used in the context of achieving election results, evaluating the results of elections to any authorities, shaping public opinion about the need for a change of power ... including through preventing citizens from exercising their voting rights is a characteristic feature of the non-profit organization Anti-Corruption Foundation of Alexei Navalny and the public movement Headquarters of Navalny . Thus, according to the logic of law enforcement agencies, the dissemination of information about "Smart Voting" in order to form the necessary public opinion is propaganda of the paraphernalia or symbols of extremist organizations.
The decision to ban Navalny’s headquarters, the Anti-Corruption Foundation (FBK) and the Citizens’ Rights Protection Foundation (FZPG) was made in June 2021 and entered into force in August. In our opinion, there were no legal grounds for banning Navalny's organizations as extremist and, accordingly, we consider it unlawful to be persecuted for displaying their symbols. We also believe that references to "Smart Voting", especially verbal ones, cannot be considered a demonstration of the symbolism of Navalny's structures. It is noteworthy, however, that in the case of Litvinovich, the police officers emphasized that they were not prosecuting her for displaying symbols per se, but precisely in connection with the promotion of activities that they classify as extremist.
Note that in recent weeks, liability under Art. 20.3 of the Code of Administrative Offenses has already attracted a number of Muscovites, including current deputies, district activists and citizens who have declared their intention to participate in municipal elections. Litvinovich was going to run for, but helped other potential candidates. Recall that the persons prosecuted under Art. 20.3 of the Code of Administrative Offenses, are deprived of the right to be elected for a one-year period, counted from the moment the decision on an administrative offense was executed.
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