Persecution of citizens for insulting the state and society on the Internet. Part 3

In the spring of 2019, a law was signed supplementing Art. 20.1 of the Code of Administrative Offenses (petty hooliganism) in parts 3-5, which allow citizens to be fined for disseminating on the Internet "information expressing in an indecent form that offends human dignity and public morality, a clear disrespect for society, the state, official state symbols of the Russian Federation, the Constitution of the Russian Federation or bodies exercising state power in the Russian Federation.

More about sanctions

For the first offense, the fine is 30-100 thousand rubles (part 3 of article 20.1), for a second offense - from 100 to 200 thousand rubles or arrest for up to 15 days (part 4); if a citizen has been punished for such an offense more than twice, he may be fined from 200 to 300 thousand rubles or arrested for up to 15 days (part 5). These sanctions are very severe: they sharply exceed the fines provided for, not only hc. 1 and 2 Art. 20.1 of the Code of Administrative Offenses, but also, for example, "anti-extremist" articles 20.3 of the Code of Administrative Offenses on the demonstration of prohibited symbols and 20.29 of the Code of Administrative Offenses on the distribution of prohibited materials.

We believe that such measures are redundant and are clearly aimed at suppressing criticism of the activities of the authorities, which are sufficiently protected by other legislative norms. Although formally hh. 3-5 art. 20.1 of the Code of Administrative Offenses do not apply to anti-extremist legal regulation, the goal of restricting freedom of speech declared during the implementation of these measures - the protection of state institutions - coincides with one of the goals of anti-extremist policy. Therefore, we are monitoring cases of persecution of citizens under CC. 3-5 art. 20.1 of the Code of Administrative Offenses.

The first part of the list covers 2019-2020, the second part covers 2021-2022. The third part of the list is in front of you.

• On June 14, 2023, the Supreme Court of Crimea approved a fine for journalist Rolan Osmanov, imposed under Part 3 of Art. 20.1 of the Code of Administrative Offenses. On April 12, 2023, the Kievsky District Court of Simferopol fined Osmanov 70,000 rubles because of a video comment on Facebook on the topic of mobilization - in the publication he criticized the idea of ​​death in the interests of the state and its leader, calling the latter a "king". According to the text of the court's ruling, the law enforcers saw signs of disrespect for the state and information expressing disrespect for society in the journalist's words.
• On May 2, 2023, the Anzhero-Sudzhensky City Court of the Kemerovo Region fined trade union activist Oleg Tyryshkin 30,000 rubles under Part 3 of Art. 20.1 of the Code of Administrative Offenses. The reason was Tyryshkin's comments on VKontakte, in which, according to the text of the court ruling, "the President of the Russian Federation is negatively assessed <...>. At the same time, swearing, disparaging words, negative and neutral vocabulary with a negative connotation are used.
• In April 2023, the Novoilinsky District Court of Novokuznetsk fined under Part 3 of Art. 20.1 of the Code of Administrative Offenses of Ingvar (Igor) Gorlanov. The total amount of fines amounted to 90 thousand rubles. One of the rulings - issued on April 6 - was published on the court's website, and it follows from it that Gorlanov posted a comment on VKontakte in which "the Russian Federation as a state is negatively assessed" (for this comment, the court sentenced him to 30,000 rubles). ). Earlier, Gorlanov was repeatedly prosecuted under Art. 20.1 of the Administrative Code, 20.3.1 of the Administrative Code (inciting hatred), etc. In March 2023, a criminal case was also opened against him under part 1 of Art. 282.2 of the Criminal Code (repeated incitement of hatred); we consider his persecution unlawful.
• On March 18, 2023, the Kyiv District Court of Simferopol fined 60 thousand rubles under Part 3 of Art. 20.1 of the Code of Administrative Offenses to a resident of Alushta Anastasia Bayramova. The reason was a lipsync video for the social network TikTok, in which Bayramova stood in front of a page with search results for the query “Putin signed the law on the punishment of thieves in law” and sang along to the song of the rap artist Boulevard Depo with the words “He died young. This is friendly fire - fire on your own. On the same day, the court fined Bayramova another 50,000 rubles under Part 1 of Art. 20.3.3 of the Code of Administrative Offenses (discrediting the use of the army) for videos posted on Instagram, in which Bayramova stood in an embroidered shirt, showed nails painted in the colors of the Ukrainian flag, and expressed support for Ukrainian President Volodymyr Zelensky. In both cases, police officers found videos on the Crimean SMERSH Telegram channel of local activist Alexander Talipov.
• On March 21, 2023, it became known that the Yalta City Court held liable under Part 3 of Art. 20.1, part 1 of Art. 20.3 (public display of Nazi symbols) and Part 1 of Art. 20.3.3 (discrediting the use of armed forces) Tatyana Ovsyannikova, a resident of Gurzuf. The reason was publications on VKontakte criticizing the special operation on the territory of Ukraine. The total amount of fines amounted to 66 thousand rubles.

• On February 15, 2023, the Chita District Court of the Trans-Baikal Territory fined local resident Igor Cherneiko 30,000 rubles. He was found guilty under Part 3 of Art. 20.1 of the Code of Administrative Offenses. The report against Cherneiko was drawn up due to an obscene comment addressed to Vladimir Putin in the Domna community in the Viber messenger.

• On February 2, 2023, it became known that the Central District Court of Chita fined 51-year-old local resident Nelly Loseva 35,000 rubles for reposting a picture in Odnoklassniki. She was found guilty under Part 3 of Art. 20.1 of the Code of Administrative Offenses. The image contained an obscene statement about the president, Loseva put “class” under the post, after which it appeared in her feed.

Sources

• Case card on an administrative offense No. 5-137/2023 // Kyiv District Court of Simferopol. 2023. June 14.
• Case card on an administrative offense No. 12-177/2023 // Supreme Court of Crimea. 2023. June 14.
• Case card on an administrative offense No. 5-86/2023 // Anzhero-Sudzhensky city court of the Kemerovo region. 2023. May 2.
• Case card on an administrative offense 5-44/2023 // Novoilinsky District Court of Novokuznetsk. 2023. April 12.
• Case card on an administrative offense 5-43/2023 // Novoilinsky District Court of Novokuznetsk. 2023. April 12.
• Case card on an administrative offense 5-34/2023 // Novoilinsky District Court of Novokuznetsk. 2023. 14 April.
• We have received information that Ingvar Gorlanov was fined for his excesses on social networks // Kuzbass without censorship. Telegram. 2023. 13 April.
• Case card on an administrative offense No. 5-146/2023 // Kyiv District Court of Simferopol. 2023. 14 April.
• Case card on an administrative offense No. 5-145/2023 // Kyiv District Court of Simferopol. 2023. 14 April.
• Cases on administrative offenses - first instance // Yalta City Court. 2023. March 21.
• Based on social media.
• Case card on an administrative offense No. 5-7/2023 // Chita District Court of the Trans-Baikal Territory. February 21, 2023
• I have a reputation for "Banderovka" and "enemy of the people." How likes in Odnoklassniki insulted Putin and the army // Siberia. Realities. 2023. February 2.