Official statistics of the Judicial Department of the Supreme Court in the field of combating extremism for 2022

The Judicial Department of the Supreme Court of the Russian Federation published statistics on the application of articles of the Criminal Code and the Code of Administrative Offenses for 2022. We provide data regarding the application of the provisions on public speech and prohibited organizations, on the distribution of prohibited materials and symbols.

On April 17, 2023, statistical data on the activities of Russian courts and the status of convictions for 2022 were published on the website of the Judicial Department of the Supreme Court of the Russian Federation (SC).

According to the department, in 2022, 983 people were convicted under the criminal articles of interest to us against 744 convicted in 2021 , that is, the number of those convicted in 2022 is higher than a year earlier, by about 32%. It should be noted that in 2021, there were 48% more convicts under criminal articles, the application of which we monitor, than in 2020. It should be taken into account that the department includes in the statistics during the year only those sentences that came into force , so these data may differ from the monitoring data of Sova or other monitoring projects for the past year as much as possible (we did not know about some of the sentences , and some were included in the monitoring for 2021, when they were issued, but have not yet entered into force), and downwards (since in the annual monitoring we take into account all the sentences that we know about, and not just those that have entered into force). force).

Of those convicted in 2022, 638 people (in 2021 - 541) were convicted under articles punishing public statements of various kinds (Article 207 ³ Part 2, Article 282, 280, 280 ³ , 205 ² , 354 ¹ , Art. 148 of the Criminal Code, part 1), and 345 (for 2021 - 233) - for the creation of extremist or terrorist communities and the continuation of the activities of organizations that were banned as extremist or terrorist (Article 282 ¹ , 282 ² , 282 ³ , 205 ⁴ , 205 ⁵ ). Thus, the number of those convicted for statements increased by 18%, and the number of those convicted for involvement in banned organizations - by 48%.

Here, in order to avoid double counting of charges under these articles, we have presented data only for the main article of the charge; below, for each article separately, the total number of those convicted under it will be given - that is, those who had it as the main one in the charge, and those who were additionally charged under this article.

The largest number of criminal convictions for propaganda in 2022 was issued under Art. 280 of the Criminal Code (calls for extremist activity), the number of convictions under this article continues to grow: 356 people were convicted, 16% more than in 2021 (307 people). Cases against 13 accused were dismissed (at least in seven cases - with the imposition of a court fine), 18 people were sent for compulsory treatment. It is worth noting that 334 defendants were convicted under Part 2 of Art. 280 of the Criminal Code - i.e. for comments on the internet. Of the 276 convicted under Art. 280 of the Criminal Code, as under the main one, 33 were sentenced to a real term of imprisonment, 228 people to a suspended sentence, four to forced labor, three to corrective labor, two to mandatory, four to a fine, two to restriction of freedom; 178 convicts received additional punishment in the form of a ban on holding certain positions or engaging in certain types of activities.

Next comes Art. 205 ² Criminal Code on propaganda of terrorism, 318 people were convicted during the year, 32% more than in 2021 (241 people). Note that 264, that is, most of them, as in the case of Art. 280 of the Criminal Code, were convicted for statements in the network - under the second part of the article. Two people who are charged under Art. 205 ² was optional, were justified; 16 people were sent for compulsory treatment. Of the 274 convicted under this article, as under the main article, 110 were sentenced to imprisonment, and 159 to a fine, five more were released from punishment. 106 convicts received additional punishment in the form of a ban on holding certain positions or engaging in certain types of activities.

The number of those convicted under other articles on public statements is much less.

According to Art. 282 of the Criminal Code (inciting hatred), 51 people were convicted in 2022 (50 in 2021); 28 of them - for the first part of the article, that is, for a repeated incident during the year, and 23 - for the more serious second part. Four were declared insane and sent for compulsory treatment. Of the 42 people convicted under Art. 282 as for the main one, only seven were deprived of liberty, 29 people received a suspended sentence, five more were fined, one was assigned forced labor; additional punishment in the form of a ban on holding positions or engaging in certain activities was imposed on only one person.

42 people were convicted in a year under Art. 354 ¹ on the rehabilitation of Nazism; in 2021 under Art. 354 ¹ 35 people were convicted. 30 cases were closed in 2022; four people were sent for compulsory treatment. Of the 28 convicted under this article as the main one, two people were released from punishment, eight people were deprived of their liberty, four more received a suspended sentence, one was sentenced to corrective labor, one to forced labor, two to mandatory, ten people were fined; nine convicts were given additional punishment in the form of a ban on holding certain positions or engaging in certain types of activities.

Sentences under Part 1 of Art. 148 of the Criminal Code on insulting the feelings of believers were issued to 14 defendants (in 2021 - 13), two out of ten convicted under this article as the main one were sentenced to imprisonment, three to compulsory work, five were fined. Sentences under Part 2 of Art. 148 of the Criminal Code was not passed by the courts (in 2021, three people were convicted under it), one case initiated under this part of the article was dismissed. According to part 1 of Art. 148 of the Criminal Code, 12 cases were terminated: seven of them were for reconciliation of the parties, one with the imposition of a court fine, and two on other grounds. One defendant was declared insane and sent for compulsory treatment.

According to part 2 of Art. 207 ³ Six sentences were handed down under the Criminal Code on the dissemination of unreliable information about the activities of the Russian armed forces and officials abroad; motivated by hatred, so we include them in our review. Two convicts were sentenced to a real term of imprisonment, three - to a suspended sentence, one was fined. Three were given additional punishment in the form of a ban on holding certain positions or engaging in certain activities.

According to the new art. 280 ³ The Criminal Code on the repeated discrediting of the activities of the Russian army and officials abroad managed to enter into force only three sentences; two convicts under this article as the main were sentenced to a fine.

According to Art. 280 ¹ The Criminal Code on repeated calls for separatism did not pass a single sentence in 2022 (two such decisions were made in 2021). According to Art. 280 ² There were also no convicts of the Criminal Code on violation of the territorial integrity of Russia, as well as under the new Art. 284 ² Criminal Code on repeated calls for sanctions against Russia. New Art. 282 ⁴ about repeated propaganda or demonstration of prohibited symbols has not yet been included in the statistics, since it has only just begun to be used.

Among the articles punishing for involvement in radical groups, Art. 282 ² about the organization of the activities of an extremist organization and participation in it, and here the numbers are growing. 259 people were convicted under this article in 2022, 88% more than in 2021, when 138 people were convicted. Four people were acquitted. The prosecution of 23 defendants was terminated (of which 19 - on the basis of the notes to this article of the Criminal Code); three people were sent for compulsory treatment. The main charge under this article was brought against 212 members of various groups: of these, 92 people were sentenced to imprisonment (another five were released from serving this sentence), 99 received suspended sentences, two were assigned forced labor, 14 people were fined; 68 convicts were sentenced to additional punishment in the form of a ban on holding certain positions or engaging in certain activities, 149 convicts - in the form of restriction of freedom.

According to Art. 205 ⁵ (organization of the activities of an organization recognized as terrorist, or participation in such), 105 people were convicted, while in 2021 - 80 people, that is, the number of convicts increased by 31% and approached the year before last indicator of 108 convicts. Two people were sent for compulsory treatment. All 80 convicted under this article as the main one were sentenced to imprisonment; ten were given additional punishment in the form of restriction of freedom, two were fined. It should be noted that 17 of these 80 people were found guilty only of preparing or attempting to commit a crime.

For the creation of extremist communities and participation in them in 2022 under Art. 282 ¹ 34 people were convicted, slightly more than in 2021, when there were 27. It should be noted that out of 27 people who were convicted under this article in 2022 as the main one (three of them were found guilty only of preparing to commit a crime ), four were released from punishment, eight people received a real term of imprisonment, 12 - a suspended sentence, three were fined. Three received additional punishment in the form of restriction of freedom, seven - in the form of a ban on holding certain positions or engaging in certain activities. According to Art. 205 ⁴ 32 people were convicted of creating terrorist communities over the past year, almost half as many as in 2021, when 59 people were convicted. All 18 convicts under this article as the main one were sentenced to imprisonment, nine of them were given additional punishment in the form of restriction of freedom, one - in the form of a ban on holding certain positions or engaging in certain activities. One person was sent for compulsory treatment.

We also note that in 2022, 26 people (in 2021 - only six) were convicted under Part 1 of Art. 282 ³ on financing extremist activities: eight on the main charge (five of them received a real and three more - a suspended sentence) and 18 - on an additional charge; one case was dropped.

The rates of persecution under the administrative articles of interest to us are still high.

In 2022, the courts punished under Art. 20.29 of the Code of Administrative Offenses on the distribution of extremist materials 869 persons (852 individuals, 12 officials, four legal entities and one entrepreneur). Thus, the downward trend in the number of sanctions under this article continues: in 2021 they were imposed 1319 times, while in 2020 - 1826 times. In 2022, in 855 cases, the courts imposed a fine, in 11 administrative arrests, suspended the activities of a legal entity once, and limited themselves to a written warning twice. In addition to these sanctions, confiscation of the weapon or object of the offense was ordered 35 times. In 25 cases, the courts decided to terminate the proceedings. The courts returned 73 protocols to the police to eliminate the shortcomings.

In citing statistics on the application of the Code of Administrative Offenses, the Supreme Court, like half a year ago, on unclear grounds, combined into groups completely different in meaning articles. Art. 20.3 of the Code of Administrative Offenses on the promotion and demonstration of prohibited symbols, the court combined with Art. 20.3.1 of the Code of Administrative Offenses on inciting hatred, which corresponds to the composition of Part 1 of Art. 282 of the Criminal Code and is applied in the event of the first violation in a year. And Art. 20.3.2 of the Code of Administrative Offenses, corresponding in composition to Art. 280 ¹ The Criminal Code on calls to violate the territorial integrity of Russia, which is also applied in the event of a first violation, was in the same group as the new art. 20.3.4 of the Code of Administrative Offenses on calls for sanctions against Russia, its citizens and organizations. Thus, the statistics for each of these four articles separately, two of which - on prohibited symbols and on incitement to hatred - are used very often, are in fact hidden and unsuitable for comparison with the previous period.

So, if in 2021 sanctions under Art. 20.3 of the Code of Administrative Offenses were imposed 3183 times, and according to Art. 20.3.1 - 936 times, i.e. in the amount of 4119 times, then in 2022 the total number of sanctions under these two articles, given by the Supreme Court, was 5270. Thus, the increase in the number of sanctions under these two articles is 28% in total compared to 2021. In 2022, 5,256 individuals, six officials, five legal entities and three entrepreneurs were punished under these two articles. In 4684 cases, the courts imposed a fine, in 522 - arrest, in 59 - compulsory work, in five - issued warnings; in 145 cases, confiscation of the subject of the offense was imposed as an additional punishment. Decisions to terminate the proceedings on the case were made by the courts 266 times; The court did not consider 913 protocols, returning them to the police to eliminate the shortcomings.

As regards Art. 20.3.2 and 20.3.4 of the Code of Administrative Offenses, sanctions on them were imposed a total of 54 times over the past year (Article 20.3.2 was not included in last year's statistics of the Armed Forces, and Article 20.3.4 was introduced into the Code of Administrative Offenses in 2022); the proceedings in one case were terminated, 12 protocols were returned by the courts to the police to eliminate the shortcomings. 52 individuals were punished, one official and one legal. All of them were fined.

According to the new art. 20.3.3 of the Code of Administrative Offenses on discrediting the actions of the Russian armed forces and government agencies abroad, 4440 persons were punished - 4405 individuals, 12 legal entities, 15 officials and eight entrepreneurs. 4439 times the courts imposed a fine, once a warning was issued. The total amount of fines imposed by the courts of first instance exceeded 151 million rubles. 256 cases were terminated, 629 protocols were returned to the police to eliminate deficiencies.

Sources

• Summary statistics on the state of criminal record in Russia for 2022 // Website of the Judicial Department at the Supreme Court of the Russian Federation. 2023. 17 April.
• Summary statistical information on the activities of federal courts of general jurisdiction and justices of the peace for 2022 // Website of the Judicial Department at the Supreme Court of the Russian Federation. 2023. 17 April.