26-year-old Vasily Zadorozhny is accused of desecrating the symbols of Russia's military glory and insulting the memory of the defenders of the Fatherland.
On June 14, 2023, the department of the Investigative Committee for the Republic of Komi reported on the completion of the investigation of the criminal case against Vasily Zadorozhny, a 26-year-old resident of Syktyvkar, and the materials were transferred to the prosecutor's office to approve the charges. Syktyvkar residents are charged under Part 3 of Art. 354.1 of the Criminal Code (desecration of symbols of military glory of Russia, public insult to the memory of the defenders of the Fatherland).
The criminal prosecution of Zadorozhny became known on April 15, 2023. As a measure of restraint, the court ordered him to ban certain actions. According to investigators, on April 12, 2023, Zadorozhny, being intoxicated, came to the Eternal Glory memorial, poured lemonade on the flame of the Eternal Flame and thus extinguished it. According to law enforcement agencies, by his actions, the Syktyvkar citizen defiled one of the symbols of Russia's military glory and insulted the memory of the defenders of the Fatherland who died during the Great Patriotic War of 1941-1945.
We believe that Zadorozhny's hooligan prank deserves condemnation. However, criminal prosecution can be justified only in the case of crimes that pose a significant danger to society, which we do not see in this case. Moreover, even if the desecration of monuments is understood not only as direct damage to them, such “desecration” can be qualified not under Art. 354.1 of the Criminal Code, and under Art. 214 of the Criminal Code (vandalism). We also note that the list of symbols of military glory has not yet been precisely defined by Russian legislation - such a status is assigned only to the St. George ribbon . With regard to insulting the memory of non-specified defenders of the Fatherland, the criminalization of acts defined in such an abstract way hardly meets international legal standards in the field of human rights. We also recall that in General Comment No. 34 to Art. 19 (Freedom of Opinion and Expression) of the International Covenant on Civil and Political Rights The UN Human Rights Committee expresses concern about the laws on such actions as, in particular, disrespect for the flag and symbols.
Sources