1. The question is how I will write a petition for reviewing a criminal record under Article 282.1 in connection with the amendments taken recently.
1.1. Usually the petition is written to the court, which made a sentence with a request to bring a sentence in line with changes in legislation.
2. I removed a criminal record of 282 tbsp. Part 1. How do I get out of the list of extremists?
2.1. In accordance with paragraph 2.2 of Art. 6 of the Federal Law of 07.08.2001 N 115-FZ "On Countering Legalization (Laundering) of Revenues received by criminal means and financing terrorism", but not excluded from the specified list, refer to the authorized body ( federal Service According to financial monitoring (Rosfinmonitoring) with a written motivated statement about their exclusion from the specified list. The authorized body within ten working days following the day of receipt of the application, considers it and accepts one of the following motivated solutions: to exclude an organization or individual from the specified list; On refusal to satisfy the application.
3. What is the penalty for violation of Article 282 of the Civil Code of the Russian Federation.
3.1. Civilian legal responsibility.
4. Please tell me what severity of Article 282.2 was in 2015.
4.1. Article 282.2. Organization of activities of an extremist organization
(introduced by federal law of 25.07.2002 N 112-FZ)
1. The organization of the activities of a public or religious association or another organization for whom the court adopted a decision on the liquidation or prohibition of activities in connection with the implementation of extremist activities, with the exception of organizations, which in accordance with the legislation of the Russian Federation are recognized as terrorist, -
shall be punished with a penalty of three hundred thousand to five hundred thousand rubles or in the amount of wages or other income convicted for a period of two to three years, or forced work for up to five years with a limitation of freedom for a period of up to two years or without any, or arrest for a period of four to six months, or imprisonment for a period of two to Eight years with deprivation of the right to occupy certain positions or to engage in certain activities for up to ten years or without any and with restriction of freedom for up to two years or without any.
Grave crime in 2015
FZ of the Russian Federation 07.07.2016 N 375-ФЗ amended changes, it remained heavy.
5. Is it possible from 282 article part 1 to become a deputy?
5.1. Deputy State Duma A citizen of the Russian Federation, which has reached 21 years and has the right to participate in elections
If the conviction is not repaid or removed, it will not be allowed to the elections.
6. Will it take to serve in the army under Article 282 part 1, after its repayment?
6.1. After repayment of criminal record, the restrictions will disappear, according to this, you can contact the military commissariat, regarding the passage of the service in the army.
6.2. Dear visitor!
After repayment of criminal record, you can quite serve, I do not see obstacles
Good luck, I wish good luck.
6.3. Not subject to call on military service Citizens having a dismissed or outstanding conviction for committing a crime. After repaying the call service is possible.
7. What is the change in the Labor Law on Article 282. Part 2. 2017.
26. As a rule, to issue a complaint or appeal to the Rosfinmonitoring for the fact that they have established arrest on my accounts, especially on the wages of the card under Article 115 of the Federal Law. In laundering money, I did not go through the attack. The organization in which I work with cash is not working. The wife and two children are completely on my provision. My loans pay third parties. I am condemned by h. 1 tbsp. 282 Extremism. How to get out of this situation?
26.1. Dear guest, in this case such a complaint is drawn up in arbitrary form. It will be better if you refer to the lawyer in private messages.
27. The husband was put in the colony of the settlement on 282 of the article part 1, and at 205 part 1, for a video, which, as it turned out, a few in itself, the nature of terrorism and extremism was planted for 2.2 years, did he fall under an amnesty?
27.1. There will be no amnesty. But there is an opportunity to count on par. Of course, information and real help is paid.
28. Today I learned what was included in the list of extremes. Bank account for which I get a salary blocked me. A criminal case was initiated under Article 282 for the placement of music in contact, the court on the case was not yet. I would like to clarify how I got into it without a court decision, how to get out of this list and what amount can I get from the salary account monthly?
28.1. That was not necessary to post music. First, you need a lawyer, secondly, the salary will have to receive cash. Thirdly, write a complaint to the Central Bank, if there is a negative answer, then you can appeal this decision in court.
28.2. In a criminal case, hire a lawyer - Defender.
With all the rest, you need to deal with documents, write a request to start.
29. Charged under Article 282. Probably the court in September. How to wait for the consideration of this issue in the State Duma before the court, and is it possible to hope for the decrimination of this article for the reposit?
29.1. Olga, this is the actual question to your lawyer, as "wait,", etc., if you have a lawyer yet, it means that you make an agreement with him on your court.
What the decision will take the State Duma is already, sorry, to astrologers and telepaths, and not to lawyers.
30. Graduated by email, insulting my relatives and children. Is it possible to attract a person in this situation under article 282? How much will it cost to represent my interests in court?
The Criminal Code of the Russian Federation contains a number of so-called "anti-extremist" compositions, which are provided for in Articles 280, 282, 282.1, 282.2. Criminal prosecutionwhich is carried out on these articles causes russian society Large resonance. For example, human rights defenders invite the "prisoners of conscience", "political prisoners" convicted on these articles. The newly created political parties include in their programs the requirement to exclude these articles from the Criminal Code (for example, the National Democratic Party). The greatest evil opponents of anti-extremist legislation consider the composition of Article 282 ("excitation of hatred or hostility, as well as humiliation human dignity"). Decriminalization of the act provided for in this particular article is considered a necessary condition for revising the entire state anti-extremist policy in the Russian Federation.
This problem is interested in the author of this article as a constitutionalist researcher. Given the fact that the Constitution of the Russian Federation is the basis of current legislation, and the provisions of other laws must develop its prescriptions, and not contradict them, the author decided to attempt to constitutional analysis of the composition provided for in Article 282 of the Criminal Code. Thus, this article is the results of the doctrinal interpretation of a number of provisions of the Constitution and criminal legislation obtained during the study of the compliance of Article 282 of the Criminal Code of the Russian Federation of the Constitution of Russia.
First we turn to the analysis of certain elements of the composition of the crime, provided for by Part 1 of Article 282 of the Criminal Code. The composition itself is formulated as "actions aimed at exciting hatred or hostility, as well as to humiliate the dignity of a person or a group of persons on the basis of sex, race, nationality, language, origin, relationships to religion, and equal to any social group, perfect publicly or using the media. "
Part 1 of Article 282 of the Criminal Code establishes two objects of encroachment for this act - the dignity of a person and the dignity of a group of persons. Meanwhile, part 1 of article 21 of the Constitution of the Russian Federation as a state-protected object calls the dignity of personality. Thus, in Article 282 of the Criminal Code of the Russian Federation, the circle of objects possible for this act of encroachment was unnecessarily expanded.
Consequently, part 1 of Article 282 of the Criminal Code contradicts part 1 of article 21 of the Constitution of the Russian Federation.
The Constitutional Court of the Russian Federation in its legal positions, referring to his own practice, as well as to the practice of the European Court of Human Rights, indicated that by virtue of the constitutional principle of equality of all before the law and the court (Article 19, Part 1, Constitution of the Russian Federation ) Bans and other establishments enshrined in the law should be defined, clear, unequivocal. "The uncertainty of the content of the legal norm, as noted by the Constitutional Court of the Russian Federation in the decision of July 15, 1999 in the case on the verification of the constitutionality of the individual provisions of the RSFSR Law on the State Tax Service of the RSFSR and the Laws of the Russian Federation" On the Fundamentals of the Tax System in the Russian Federation "and" ABOUT federal bodies The tax police, "admits the possibility of unlimited discretion in the enforcement process and thereby violations of the principle of equality, as well as the principle of the rule of law."
Let us give a legal position Constitutional Court Of the Russian Federation from another ruling: "Any crime, as well as measures criminal responsibility For its commitment should be clearly defined in the law, and in such a way as to be based on the text of the relevant norm - if necessary, by the help of the interpretation given by the courts, - everyone could foresee criminal law of their actions (inaction). Inaccuracy, ambiguity and uncertainty of the law give rise to the possibility of ambiguous interpretation and, therefore, arbitrary use of its norms - in contradiction called constitutional principles, As, as noted by the Constitutional Court of the Russian Federation, follows the demand for certainty, clarity, unequivocity facing the legislative legal norms and their consistency in the system of active legal regulation; Otherwise, there may be a controversial law enforcement practice, which weakens the guarantees of state protection of the rights, freedoms and legitimate interests of citizens (decree of July 15, 1999 N 11-P and on May 27, 2003 N 9-P). "
In the same resolution in the case of citizen M.A. Zlamazyan, the Constitutional Court referred to the practice of the European Court of Human Rights, indicating the following: "The need to comply with the principle legal definition emphasizes the European Court of Human Rights when applying contained or arising from the Convention on the Protection of Human Rights and Fundamental Freedoms general principlesFollowing the basis of the assessment of compliance with its provisions of domestic law. According to the positions European Court on human rights law in any case should meet the standard established by the Convention requiring to legislative norms It was formulated with sufficient clarity and allowed the person to foresee, resorting if necessary for legal assistance, with such consequences may be related to its actions (decrees of June 26, 1979 in the Sunday Times case (Sunday Times) against the United Kingdom ( N 1) "(paragraph 49), of July 31, 2000 in the case" JECIUS (JECIUS) against Lithuania "(paragraph 56), of March 28, 2000 in the case" Baranovsky (Baranowski) against Poland "(paragraphs 50 - 52) , from October 28, 2003 in the case of "Rakevich against the Russian Federation" (paragraph 31), from May 24, 2007 in the case of "Ignatov against the Russian Federation" (para. 74), on May 24, 2007 in the case "Vladimir Soloviev against the Russian Federation "(paragraph 86)".
Finally, in the decision on the case of citizen M.A. Zlamamazyan, the Constitutional Court formulated the following: "Special significance of the requirement of certainty, clarity, unequivocity of legal norms and their consistency in the general legal regulation system is acquired in relation to criminal legislation, which is legal Nature the extreme (exceptional) means by which the state responds to the facts of illegal behavior in order to protect public relationsIf it cannot be provided properly only with the help of legal norms of other sectoral affiliation (definition of the Constitutional Court of the Russian Federation of July 10, 2003 N 270-O) ".
According to this legal position, the principle of formal definiteness of the law, which implies the accuracy and clarity of legislative prescriptions, being an integral element of the rule of law, acts both in the lawmaking and law enforcement activities as a necessary guarantee of ensuring effective protection against arbitrary persecution, condemnation and punishment. Criminal liability can be considered legally established and meets the requirements of Article 55 (Part 3) of the Constitution of the Russian Federation only, provided that it is adequate public danger Crimes and that the criminal law clearly and clearly defines the signs of this crime, delivering it from other illegal and even more so - from legitimate acts.
Considering the above arguments and arguments made by the Constitutional Court of the Russian Federation to the basis of its own legal positions, we believe that part 1 of Article 282 of the Criminal Code contradicts the principle of legal definition of legal norms, part 2 of article 19, part 3 of Article 55 of the Constitution of the Russian Federation, according to the following reasons.
In terms of article 282 of the Criminal Code, there is no clear list of actions that could be subject to this article, which allows an arbitrary interpretation of it in this part, and violation of personal rights. This section of Article 282 does not contain criteria for the establishment of a causal relationship between the actions of the individual and the consequences in the form of initiation of hostility, hatred, as well as humiliation of the dignity of persons. The conditionality of the occurrence of these phenomena by the actions of the face is absolutely non-obvious. It may also serve as the basis of abuse when attracting persons to criminal liability under this article.
Finally, if, as a result of the possible excitation of hatred or hostility, which expressed in the commission of violent actions, or other acts prohibited by acting, in particular, criminal law, the person will be held accountable for paragraph 1 of Article 282 of the Criminal Code, it will turn out that It will be responsible for the actions of other persons. This is unacceptable, as it contradicts part 2 of Article 19 of the Constitution of the Russian Federation, as well as the principle of personal responsibility for the persons for them, in particular, criminal acts.
Now we turn to the standards of the Constitution, which are textually and substantially close to the disposition of Article 282 of the Criminal Code of the Russian Federation.
Part 5 of Article 13 of the Constitution of the Russian Federation establishes a ban on the creation and activities of those public associations, the goals or actions of which are associated with violence, in particular, are aimed at inciting social, racial, national and religious retail. Part 2 of Article 29 of the Constitution of the Russian Federation establishes propaganda or agitation as unacceptable actions, which excite social, racial, national or religious hatred and hostility, as well as the prohibition of the propaganda of social, racial, national, religious or linguistic superiority. Due to the fact that Article 13 is in chapter 1 "Basics constitutional system", other provisions of the Constitution, according to part 2 of Article 16 of this Act, cannot contradict it. In particular, they cannot arbitrarily expand the circle of subjects for which they act installed part 5 Articles 13 Bans. Since in part 5 of Article 13 of the Constitution of the Russian Federation, we are talking only about public associations, then in part 2 of Article 29, the prohibition of relevant propaganda and campaigns is distributed only to this type of law of law. Finding a ban specified in paragraph 2 of Article 29, in Chapter 2 "Human Rights and Freedoms and Citizen", is due to the fact that its presence protects the rights and freedoms of personality - a person and a citizen - and not by the fact that it applies to personality (individual ). Thus, the system interpretation of part 5 of article 13 and part 2 of Article 29 in their relationship, taking into account the provisions of part 2 of Article 16, allows us to conclude that for the act stipulated by Article 282 (part 1) of the Criminal Code, criminal liability is improper. The misunderstanding of the establishment for this act of criminal liability is to establish it on a subject, which is not provided for by the Constitution of the Russian Federation as such - an individual (personality, individual). The limitations established in Part 5 of Article 13 of the Constitution and Part 2 of Article 29 apply exclusively to public associations.
In support of the above position, the provisions of generally accepted principles and norms can also be given. international lawwhich, according to part 4 of Article 15 of the Constitution of the Russian Federation, are part of legal system Russian Federation. Thus, Article 20 of the International Covenant on Civil and Political Rights establishes the need for the law by law of all the propaganda of war and the need for a ban by the law of any performance in favor of national, racial or religious hatred, which is incitement to discrimination, enmity or violence. Part 2 of Article 10 of the European Convention on the Protection of Human Rights and Fundamental Freedoms, says that the implementation of the right to the free expression of its opinion may be associated with formalities, conditions, restrictions or sanctions, which are established by law and which are necessary in a democratic society in the interests of state security, territorial Integrity or public peace, in order to prevent unrest and crimes, for the protection of health and morality, the protection of the reputation or rights of others, preventing disclosure of information obtained confidentially, or ensure the authority and impartiality of justice. Neither in any other international legal act with high international legal status and significant legal force, more legal force The Constitution of the Russian Federation does not contain the fact that the mentioned prohibitions and sanctions should or may be criminalized.
Thus, part 1 of article 282 of the Criminal Code, establishing responsibility for an individual for the act specified in it, thereby contradicts the Constitution of the Russian Federation.
In part 2 of Article 29 of the Constitution of the Russian Federation, the concepts of propaganda and agitation are mentioned. In the Russian Federation, the concept of agitation is mentioned in electoral legislation and is interpreted as an activity that is aimed at encouraging voters or participants in the referendum to vote in a certain way. Violation of the rules of agitation entails, according to the law mentioned, the application of constitutional liability measures. Propaganda and agitation are an important aspect political activities, means of achieving results in politics. It is especially important that they express the beliefs of those who carry them. Thus, the establishment of criminal liability for the actions provided for by part 2 of Article 29 of the Constitution of the Russian Federation is the persecution of persons for political beliefs and political activities.
Consequently, part 1 of Article 282 of the Criminal Code, establishing criminal liability, contradicts parts 1 and 2 of Article 19 of the Constitution of the Russian Federation, which guarantees the equality of human rights and freedoms and citizen (including the equality of all before the law and the court), regardless of the conviction of the individual.
Thus, in our opinion, part 1 of Article 282 of the Criminal Code of the Russian Federation contradicts Part 5 of Article 13, Part 2 of Article 16, part 1 of article 21, parts 1 and 2 of Article 29, parts 1 and 2 of Article 19, Part 3 of Article 55 of the Constitution Of the Russian Federation, as well as a number of legal positions of the Constitutional Court of the Russian Federation.
Considering all the above, we consider the necessary complete decriminalization of the Acts provided for in Article 282 of the Criminal Code of the Russian Federation.
Unfortunately, the Constitutional Court obviously does not share this position, as it was even refused to even consider the issue of the constitutionality of this article (however, in fact, there was a conclusion on the basis of the possibility of its existence in criminal law) on the case of verification of the constitutionality of the provision of Article 199 of the Criminal Code Of the Russian Federation in connection with the complaints of citizens of P.N. BELETSKY, G.A.Nikova, R.V. Rukavishnikova, V.L.Sokolovsky and N.I. Talanova: Resolution of the Constitutional Court of the Russian Federation of May 27, 2003 No. 9 -P // Bulletin of the Constitutional Court of the Russian Federation. 2003. №4.
In the case of the verification of the constitutionality of the position of the first part of Article 188 of the Criminal Code of the Russian Federation in connection with the complaint of citizen M.A. Zalamazyan: Resolution of the Constitutional Court of the Russian Federation of May 27, 2008 No. 8-p //. Bulletin of the Constitutional Court of the Russian Federation. 2008. No. 4.
About basic guarantees elective law Citizens and rights to participate in the referendum of citizens of the Russian Federation: the federal law dated June 12, 2002 No. 67-FZ // [ATP Consultant Plus].
On refusal to accept the consideration of a complaint of a citizen Zamruheeva R.V. For violation of its constitutional rights by the Regulation of the first part of Article 282 of the Criminal Code of the Russian Federation: Definition of the Constitutional Court of 04/22/2010 No. 564-O-o // [ATP Consultant Plus]
New edition of Art. 282 of the Criminal Code of the Russian Federation
1. Actions aimed at exciting hatred or hostility, as well as to humiliate the dignity of a person or a group of persons on signs of gender, race, nationality, language, origin, relationships to religion, and equals belonging to any social group committed publicly in including using the media or information and telecommunications networks, including the Internet, face after it is involved administrative responsibility for a similar act for one year, -
shall be punished with a fine in the amount of three hundred thousand to five hundred thousand rubles or in the amount of wages or other income of convicts for the period from two to three years, or forced work for the period from one year to four years with deprivation of the right to hold certain positions or engage in certain activities on Time to three years or imprisonment for a period of two to five years.
2. Actions aimed at exciting hatred or hostility, as well as to humiliate the dignity of a person or a group of persons on the basis of gender, race, nationality, language, origin, relationships to religion, and equals belonging to any social group committed publicly in including using the media or information and telecommunications networks, including the Internet:
a) using violence or with a threat to its use;
b) face using his official position;
in) organized group, -
shall be punished with a fine in the amount of three hundred thousand to six hundred thousand rubles or in the amount of wages or other income of convicts for the period from two to three years, or forced work for a period of two to five years with deprivation of the right to hold certain positions or engage in certain activities for a period Up to three years, or imprisonment for a period of three to six years.
Commentary on Article 282 of the Criminal Code of the Russian Federation
1. The object of criminal encroachment is constitutional rights and freedom of citizens, as well as their honor and dignity. The Constitution guarantees citizens of the Russian Federation to determine and indicate their national affiliation, use the native language, freedom of conscience, religion, including the right to confess any religion or not to confess any, and also prohibits inciting racial, national or religious rally: "Propaganda or agitation is not allowed, exciting social, racial, national or religious hatred or hostility. Promoting social, racial, national, religious or linguistic superiority "(part 2 of Art. 29 KRF). .
2. The objective side of the composition of the crime is characterized by the following acts: a) actions aimed at initiating hatred or hostility; b) actions aimed at humiliating the dignity of a person or a group of persons on signs of gender, race, nationality, language, origin, relationships to religion, as well as belonging to any social group.
3. The essence of these acts is to spread the views and ideas that excite the feeling of dislike or hatred for other nationalities, race, religious religion, lifestyle, everyday life, customs, culture, family text, degrading and insulting people of other nationality, distribute citizens' discriminatory assessments in Depending on their relationship to religion, national or racial affiliation. FZ dated 08.12.2003 N 162-FZ criminalized and actions aimed at promoting social retail.
For the qualification of Acts as a crime, it does not matter how the distribution of such ideas and views (oral, written, clear-demonstration), and whether they are in reality ascribed to one or another nation, race, religion or not.
4. The WO occurs only if the acts are committed publicly or using the media.
4.1. Publicity means that ideas and views exciting national, racial or religious enmity are distributed in the presence of a wide range of people (in cases of their oral form) Or are designed for subsequent familiarization with them (for example, the exploration of leaflets, slogans, the distribution of audio and video materials), are open and accessible to understanding.
4.2. The initiation of national, racial or religious hostility using the media means that ideas and views are published in the press, bring to people through radio, television, Internet.
5. The compositions of the crime on the legislative design formal. The crime is completed (compositions) at the time of the specified acts.
6. Subjective side The compositions of the crime are characterized by the fault of direct intent. Based on the direction of actions, the objectives of the crime are: the initiation of national, racial or religious hostility; humiliation of national dignity; Propaganda of exclusivity, superiority or inferiority of citizens on the basis of their attitude towards religion, national or racial affiliation. The motive of the crime is most often nationalist or religious color.
7. Citizens of the Russian Federation may be subjects of criminal encroachment foreign citizens Or stateless persons who have reached the age of 16 imputed.
8. Part 2 comments. The articles provide for the UO for these actions, if they are performed: a) with the use of violence or the threat of its use; b) face using his official position; c) organized by the group.
8.1. Under violence should be understood, or either. .
8.2. The threat to the use of such violence will act as a qualifying feature when.
8.3. The initiation of national, racial or religious hostility by the face using his official position means that it is committed by a special subject - a job officer, a civil servant serving the authority local governments, face state office Of the Russian Federation, the subject of the Russian Federation, the head of the local government body, as well as the person performing managerial functions in a commercial or other organization (see,).
8.4. The commission of a crime organized by the Group will take place when it is committed by a sustainable group of persons who have merged in advance to make this act (see Comment. To Art. 35).
9. Acts enshrined in Part 1 of the commented Article 282 of the Criminal Code of the Russian Federation refer to the category of crimes of small severity; In part 2 - moderate severity.
Another comment to Art. 282 of the Criminal Code of the Russian Federation
1. The objective side of the crime in the commentated article is formulated in such a way that it allows us to raise the question of compliance with the constitutional requirements of the clarity, clarity and unequivocity of the legal ban.
In fact, instead of a description of the actions that form a crime, the law provides for the focus of any actions to achieve one of the following results: a) on the excitation of hatred (persistent dislike) or hostility (the state of tension that gives up before clashes) on the basis of gender, race, nationality and other indicated in disposition of socio-demographic circumstances; b) to humiliate the dignity of a person on such signs; c) to humiliate a group of persons on such signs.
Therefore, any actions corresponding to the specified extremist orientation can be qualified according to the commented article: agitation, discrimination, destruction or desecration of the objects of the cult or historical monuments, the tendency lighting of historical facts, the propaganda of exclusivity or inferiority, etc.; When qualifying the crime, the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2011 N 11 "On judicial practice in criminal cases on crimes of extremist orientation". On extremist orientation, in particular, the formation and reinforcement of a negative ethnic stereotype may indicate; transfer of defects and disadvantages of individual representatives to the entire ethnic or religious group; Approval of the initial hostility of a certain religion or nation, etc.
Extremism (Article 282 of the Criminal Code of the Russian Federation) is one of the most discussed bidding in our day. The consequences to which the inclination leads interethnic retail, not specified in the 282 article of the Criminal Code of the Russian Federation, but everyone knows about them. In various states there are methods to combat those who make this act. All of them are reduced to the punishment, which is provided for by criminal codecs. different countries. Reducing the number of propaganda in society - the main task modern legislation. Why in the Criminal Code of the Russian Federation extremism is considered the most dangerous crimeWhat are the penalties used in Russia and other countries?
Very serious and dangerous act that chaos contributes to modern society And the consequences of which are truly irreversible, is the incitement of an interethnic retail.
Wikipedia can find a lot of information about this offense and how is interpreted in various countries.
For example:
- in accordance with Article 161 of the Criminal Code of Ukraine "Violation of Equality of Citizens, depending on their racial, nationality or attitudes towards religion," punishment for committed acts may vary from fine to imprisonment for ten years.
- in Kazakhstan, this offense regulates Article 174 "Excitation of a social, national, generic, racial, estate or religious retail", and in this article also notes the fact that the dissemination of information through audio recordings on the network and with other means of communication is also punishable.
- in the German Criminal Code, this offense regulates Article 130. It states the following: in case of public unrest, if they are a consequence of actions aimed at insulting or excitement of nationalist dislike, the culprit can be punished in the form of five years of conclusion.
- The Supreme Court of the Netherlands comes in itself as follows: it is important not the intention of this atrocity, but the form it has accepted .
In this country and a number of other European countries, it is important exactly what is said, and not what it is said for.
The legislation of the Russian Federation differs little from European in this case. The Plenum of the Supreme Court of the USSR determined the following: the main task of actions aimed at the initiation of hostility is the creation of mutual misunderstanding and distrust between people who relate to different socio-demographic groups. The creation of a negative image of the nation, its maintenance and culture inevitably leads to the emergence of stereotypes and constancy in society.
In the Russian Federation, inciting an interethnic retail (282 of the Criminal Code of the Russian Federation) is punishable as follows:
- fine (300-500 thousand rubles);
- forced work (1-4 years);
- conclusion in custody (2-5 years).
If the atrocity was a completely group of people, including the use of violence, or those who took advantage of the offense with their position in the service, the article of the Criminal Code of the Russian Federation 282 provides for the following penalties for the defendant in this case:
- penalty (300-600 thousand rubles);
- forced or correctional work (2-5 years);
- imprisonment (3-6 years).
In addition, who committed this crime will not be able to subsequently hold a number of posts for three subsequent years (for example, if the serviceman has been performed).
As in the case of other offenses, the commission of the crime of a group of persons is punished by severe.
In some cases, humiliation of honor and dignity of personality regulates the Code administrative offenses Russian Federation. Actions falling under Article 5.61 of the Administrative Code of the Russian Federation (insult) do not lead to mass confusion and break in society, so they are determined as serious criminal offense. Under an insult in this context, it implies the usual humiliation of a person or dignity that occurs in a rough form. For this, the media, for example, the Internet can be applied. The law provides for the following types of punishment for the trendy:
- Fine (ordinary citizens: 1-3 thousand rubles, persons engaged in high positions: 10-30 thousand rubles, legal entities: 50-100 thousand rubles).
- In case of public insult, the penalty increases (ordinary citizens: 3-5 thousand rubles, persons occupying high positions: 30-50 thousand rubles, legal entities: 100-500 thousand rubles).
- If a certain authoritative person admits the commission of a public insult, the penalty charged with him becomes the following ( officers: 10-30 thousand rubles, legal entities: 30-50 thousand rubles).
The main difference between the insult, the commission of which regulates the Code of Administrative Offenses, and the incorporation of an interethnic retail is that the second leads to more serious consequences. The result of such actions may be the emergence of public conflicts and confrontation. Therefore, the law provides for different punishment measures for making crime data.
Any citizen of the Russian Federation has the right to apply to the local law enforcement agencies if he owns information regarding anyone who deals with activities aimed at extremism, as well as one who is in contact with people who are engaged in extremism.
The commentary, which is attached to Article 282 of the Criminal Code of the Russian Federation (excitement of hatred or hostility, as well as humiliation of human dignity), explains the following:
- as soon as the atrocities are committed, the crime is considered to be completed and completed;
- the objective side is the actions themselves, which are the basis for exciting hatred, hostility, humiliation of dignity for a number of signs (gender, national and religious affiliation, native language, belonging to social minorities). Any encroachment on the above properties of an individual or a group of persons, which is accompanied by the destruction and destruction of the cults of the cult, including with the use of violent actions - and there is an objective of the offense;
- violent actions may include harm to health people;
- the subjective side of this offense is the direct intent among the person to perform this atrocity;
- the subject can be only a person who has reached the age of sixteen. In accordance with the Criminal Code, the age of criminal responsibility is 14 years. However, in this case, if the atrocity makes someone who has not reached the age of sixteen and especially the age of majority, the responsibility for his actions lies on parents or guardians.
Sometimes actions aimed at extremism and accompanied by manifestation of hatred relative to social groups can lead to irreversible consequences, including open confrontations.
Probably, such actions can lead to the beginning of the civil war and full disclaims within the state. Therefore, the law calls for everyone to control their thoughts and statements to avoid such consequences.
As judicial practice shows, the law is not always fair as part of this article. Here are some flagrant cases:
- In accordance with Article 282 of the Criminal Code of the Russian Federation, the prosecutor's office accused a citizen of the Russian Federation who participated in a rally called "Enough to feed the Caucasus!", Which was held in October 2011, in the fact that he applied disapproving language tools in relation to the people of a different nation. This was that he shared the Russian group and the Caucasian group, which was called "negative information towards the latter."
- In Tula employees law enforcementHaving appeared in the bookstore under the guise of ordinary buyers, asked the seller to express their opinion regarding the book, which was subsequently recognized as extremist. After the seller approvingly responded about the book, he was detained, and later convicted in accordance with Article 282 of the Criminal Code of the Russian Federation.
- A citizen of the Russian Federation was found guilty in accordance with the first part of Article 282 of the Criminal Code of the Russian Federation for incorrect statements while reading the lecture, during which he allegedly lost his hostility against civil servants. His book, based on the events of the famous painting V. Vasnetsov "Prince Oleg and Volkhv", was also recognized as extremist, since it allegedly present a non-verbal manipulation. The concepts of "rotten" and "false" used in the book were attributed to the description of modern state buildingWhat caused the conflict.
Obviously, sometimes drawing liability under Article 282 of the Criminal Code of the Russian Federation occurs in completely absurd situations. Often, the reason for this becomes a lot of flaws and shortcomings in this legislation, which you will learn next.
Russian President Vladimir Putin introduced a package of amendments to the State Duma. 282 of the Criminal Code of the Russian Federation on extremism and inciting hatred. The document is published on the site of the Parliament on Wednesday, October 3.
According to the draft law, criminal liability for the acts listed in Part 1 should occur only if they are committed by a person after it is involved in administrative responsibility for similar actions within one year. That is, speaking simple languageFor the first misconduct it will not be criminally punished, but for the second - yes.
« An analysis of law enforcement practice shows that in all cases, improving criminal liability for the acts provided for by part of the first article 282<...>is justified"," Refers to the explanatory note to the bill.
What acts are we talking about?
In Part 1 of Art. 282 of the Criminal Code of the Russian Federation ("excitement of hatred or hostility, but equally humiliation of human dignity") refers to the following actions:
- excitation of hatred or hostility;
- humiliation of human dignity or group of persons on various features (gender, race, nationality, language, origin, attitude to religion, belonging to any social group).
If they are committed publicly, in the media or using the Internet, criminal liability is introduced.
According to this article, citizens are attracted to responsibility for statements on personal pages in social networks And for the reposities of other people recognized by extremist. Some cases of excitement of such criminal cases became resonant and caused criticism from Internet users, owners of social networks and human rights defenders. The liberalization question of Art. 282 of the Criminal Code of the Russian Federation was discussed by the Commission Public Chamber Russian Federation for the Development of the Information Society, Media and mass communications. This topic has become the subject of consideration in Supreme Court RF: He came to the conclusion that publications in social networks of extremist materials should be considered a crime if intent on inciting hatred or hostility and the deed is socially dangerous.
What is the punishment now?
Maximum punishment for part 1 Art. 282 of the Criminal Code of the Russian Federation is imprisonment for a period of two to five years. If these crimes are committed with the use of violence, the person who uses the official position or an organized group (part 2 of Art. 282 of the Criminal Code of the Russian Federation), the punishment is stricter: down to imprisonment for a term of three to six years.