Decree on runaway serfs

How the newly adopted law on the confiscation of the property of citizens of the Russian Federation, whom the Duma considers to be insufficient patriots, has been designed

The “Law on the villains” - so in the parliamentary debate the State Duma deputies called the draft of the law that had just been adopted in the third reading, which allows confiscating the “crime guns” and the profit extracted with their help from political opponents - mainly those who adhere to an open anti -war position, but also “harm the Motherland” in other various ways.

When discussing the project in the first reading, deputy Svetlana Pravorotneva with an innocent smile asked his initiator Irina Yarovoy to clarify: “People noticed in statements ... It will be difficult to impose ... a serious punishment” (if there is enough smartphone to spread “fakes”). How to be? .. ” -“ This question does not have an idle meaning, ”answered Yarovaya. “If someone is interested, then come up in a working order.”

Let's try to translate this exchange of encryptions into the language of certainty, which, in theory, should be formulated by the law. Pravorotneva asked: "And you can immediately take the apartment and take the car or the house, what is the trifle?" “Don't ask idiotic questions,” said Yarovaya. “If you really are such a fool, I’ll explain everything to you in the corridor.”

This is a conspiracy, but not between deputies. We will try to understand who and by whom.

Back in December 2022, when Vyacheslav Volodin first expressed a similar initiative in Telegram, the Senator and Doctor of Law Andrei Klishas explained to him that the confiscation of property for non -property crimes would contradict the Constitution of the Russian Federation.

The problem for the “elite”, however, was not so much a constitution as an understanding that this Pandora’s box should only open - and later, the “confiscation” shaft and expropriation, perhaps, would also reach them too.

To overcome this peculiar veto, it took a year, and, probably, a shout from above, a trigger for which could become even a “naked party”.

The initiator of the political decision remained with the contour of its legal registration. He addressed his not documented message primarily to the police authorities, and the Duma was only insofar as the first to fulfill the FAS team still lacked tools. The deputies, trying to preserve the constitutional expression of the person, pretended that only the “guns and means of crime” and the income received as a result will be subject to confiscation. And the gap between the adopted law and the practice for which it was conceived, the judges will have to darn by default.

Something such before the adoption of the law was already invented, Yarovaya hinted to colleagues during the above dialogue. But this is the wrong side, digestion and stale laundry - why about this with the people? Judges will also hear this “zzz ... for a reason”, for that they are independent with us.

In the concept, which we described in detail in the note “MTM: the totalitarianism machine modernized,” we called this an assembly that each time is assembled under a specific task from various elements that seem to be not related to each other. In this case, in addition to a judicial discretion, the “assembly” will consist of elements of the criminal and civil codes, which are subject to different goals and rules, and in the legal field it seems that it is impossible to combine them like this. But if someone really needs it, a mean (from the word “concept”) the judge will get out and find a way to do this.

The law still did not go further than the confiscation of “tools and means of crime” and money or property received as a result. But there is also a reservation: if, after some time, it is already impossible to identify the “very” money and property, then in return they can be confiscated by the equivalent.

This will significantly expand the judicial discretion, including those criminal cases that were instituted before the law entered into force. In theory, the law will not have return, and for “crimes” committed before its appearance, confiscation should not be applied. But if there is an instruction, judges can also twist something like a “last crime”-when, for example, a “discrediting” publication was made for a long time, but continues to be available to anyone accessible somewhere on the network.

You can imagine this:

The “slander” from an unfriendly country is pushing there at the expense received from renting an apartment in Moscow. This means that these are the means “intended for the commission of a crime”, and we will remove this apartment here.

This, of course, is very crooked and dwarming logic from the point of view of normal law, but judges will not be applied to the civic, but in criminal law, they can ride others.

According to a number of articles, the law stipulates that confiscation is applicable only in cases where the crime is committed "from selfish motives or for hiring." This not only does not encode, but alarms - like a signal to action. In cases of “hiring” journalists, it will work automatically, and in the case of bloggers, the “presumption of the cookies of the State Department”, which the president proclaimed in 2011, will most likely act, and his word is the law.

This is not the first precedent of “assemblies” of this kind. In the note “Eklmn - the Unified Code of Legitimate Mass violence” in October 2022 we described in detail how the Civil Code for repressive purposes was used to withdraw a premises belonging to the Memorial Society*. On April 8, 2019, its combination that did not fit in the Civil Code with the Law “On Monitoring the Compliance of the costs of persons replacing government posts and other persons to their income” was used by the Krasnogorsk court of the Moscow Region to deprive all the property, including the house of the former head of the former Serpukhov district, Alexander Shchestun. This decision (it was fulfilled) also concerned the property of dozens of other persons who are not even familiar with Shestun: in particular, the pearl of the district - the park in the area of ​​the village of Dokino - went into the possession of the Prochrevsky sports functionary Umar Kremlev .

Some bashfulness, accompanying the process of discussing the confiscation bill, suggests that the property of insufficient patriots will also be obtained at a similar price and no one.

For this, a list of articles of the Criminal Code allowing confiscation in addition to other types of criminal punishment was significantly expanded in the process of consideration of the project (see the publication on the same topic for January 22).

... Immediately after the approval of the project in the third reading, the chairman of the Duma Committee on State Building and Legislation Pavel Krasheninnikov explained to reporters (we quote on Interfax) that confiscation can be carried out as a “type of punishment” and as a “measure of criminal law”. “As a measure is when the subject of the crime and the money received confisciscient, and as a type of punishment it is a Soviet history, and we do not want to return to it.”

“Soviet History” temporarily ended with the adoption of the Criminal Code of the Russian Federation in 1996 - it was not provided for confiscation of property at all (although the tools of crime in practice could be removed and destroyed as material evidence). Chapter 15.1 on the confiscation of property appeared in it only after 10 years - in 2006. Article 104.2 On the confiscation of funds or other property in return for the subject subject to confiscation in 2012. It will not be a mistake to say that the process of returning confiscation went in parallel with the ideological process of the “Sovietization” of Russian society.

The strongly “unfriendly” countries of Europe, however, resist the seizure of frozen Russian assets to support Ukraine - purely legal considerations are still outweighing political intentions.

The sacredness and inviolability of property rights was proclaimed the freedom -loving Great French Revolution of 1789. Today we will not say that property makes a person free - too many examples contradict this.

Rather, it provides some independence - as long as a person has something to live on.

From this point of view, most citizens of the Russian Federation, if not all, are serfs. Accordingly, those who, using the constitutional right of freedom of movement, went abroad after February 24, 2022 are “fugitives”. Their life must be made unbearable, even if they cannot be returned. Well, at least to disrupt the anger at them.