In criminal legislation Russian Federation A criminal act is described, expressing in inciting hatred. Such is a shorter name - extremism. Describes its article 282 of the Criminal Code of the Russian Federation. These are actions directed against one person or group. Motivates the criminal negative attitude towards other people who arose on the soil of hate:
- racial;
- national;
- religious;
- social or other
ATTENTION: In the 282nd paragraph describes misconduct, perfect publicly. That is, the question is a criminal, if not one person heard her.
The description of the offense and the composition of the crime
Each article of the Criminal Code begins with the definition of an offense. Thus, under extremism means such actions that are public in nature:
- incitement interethnic retail;
- insulting people on the basis of religious hostility;
- humiliation on a racial basis;
- a verbal attack due to belonging to various social groups.
The legislator considered it necessary to refine the method of making an offense. For example, racism of the Criminal Code of the Russian Federation recognizes the illegal, if a group of people belonging to a certain race is offended. The criminal will be able to achieve the desired if his speech will speak publicly:
- in the presence of several witnesses (not necessarily belonging to the opposing group);
- in the media (video and printed);
- using the Internet, often during this is still happening.
Thus, the excitement of hatred or hostility, as well as humiliation is recognized as criminal if it is carried out publicly. Such implies an insult human dignity Due to the presence of a certain character hatred in the villain.
Understanding the essence of violation of the law of this nature is necessary to every citizen of Russia. First, the Russian Federation is a multinational and multicorphsic country. Public order And calm in it seriously depends on the respect of people to each other's views. Secondly, the freedom of the World Web gives rise to many unjustified sense of impunity for misconduct. And the incitement, for example, religious rally may entail serious consequences.
The object of encroachment is recognized public relations. The essence of nationalism or extremism is intentional challenge a negative reaction from an indefinite number of people. That is, the villain encroaches an order of magnitude in society by insulting one of his groups.
The subject recognizes a citizen from the age of 16. When determining responsibility minors The state of development is investigated. The young man is punishable only if it is able to understand the consequences of his offense.
The objective side consists in real action. It can be an oral or written appeal to people. An important parameter for criminal responsibility is the availability of statements for public study. It does not take into account the number of people familiarized with the publication of an extremist nature. In addition, the message must have an offensive content for other persons. This is only as follows to the incitement of an interethnic or other retail.
Subjective trait is the presence of criminal intent. A person realizes that his words will cause a negative reaction from a group of people.
Attention: Act is considered to be finished at the moment when a malicious message becomes available to the public.
Qualifying circumstances
The Code Paragraphs describe different compositions of Acts: simple and qualified. The latter increase guilt, consequently, to Kara. So, the punishment for "simple" extremism is contained in Art. 282 (paragraph 1) of the Criminal Code. In fact, it is a misdemeanor of one person, directed against certain people or an indefinite group. It is important that it is based on hatred, splashing into society.
Art. 282 (Part 2) of the Criminal Code describes a qualified composition. Such is recognized if the act is committed:
- with violence or threat to use such;
- official.
Each of the circumstances requires additional clarification. The court's duties include identifying all the circumstances of the case. Kara can be assigned only when the shadow of doubt remains in the characteristics of the atrocity. Thus, it is necessary to clarify the qualifying circumstances in detail.
So, to the organized group in Art. 282 part 2 of the Criminal Code of the Russian Federation range several people who have long and resistant connections. These are united by common criminal intentions. The presence of a gang is proved to identify former joint participation in offenses. A group of people who united for the implementation of several atrocities are organized. Moreover, they can combine efforts not only in terms of incitement of an interethnic retail. Former atrocities can wear a different criminal nature.
Officials are recognized as guilty of a qualified composition, if the law has violated the privileges provided by the Regulation. For example, an official makes an extremist publication for stateless money. This act is recognized by qualified. In addition, the risk zone gets:
- editors;
- journalists;
- leading body and radio programs and other faces.
Attention: not subject to criminal punishment Description of insult national signgiven during scientific debate.
Punishment
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The legislator has provided several types of punishes for hatefulness from different groups of the population. Criminal liability comes only by court decision. For "simple" extremism to a person relies:
- a fine of 300 to 500 thousand rubles;
- coercion to work for the period from year to four;
- prohibition of holding certain positions for the period up to three years;
- conclusion up to five years.
In paragraphs of the criminal legislation of Russia, the karas are listed through the pretext "either". This is done to provide the court opportunity to choose the most equitable punishment. At the same time, not only the consequences are taken into account, but also the degree of public danger.
Responsibility for qualified extremism above:
- the magnitude of the fine increases to 600 thousand rubles;
- forced work can be appointed up to five years;
- plant for the period from three to six years.
ATTENTION: The prohibition of a certain activity is imposed if an interethnic distribution was missed using official privileges.
Legal comment
In determining the degree of responsibility for extremist activities, the Court takes into account such causes of negative relationship between people:
- Interethnic, that is, based on differences in the culture of different nations. The essence of slander or insults in this situation is an attempt to prove the superiority of one national group over the other. A similar definition of Acts in the Russian criminal law is especially true, as the Company consists of more than two hundred nationalities. The incitement of hostility is a danger to the integrity of the state.
- Interracial conflicts are more relevant for the American community. However, they are pursued in the Russian legal field. Responsibility comes to attempt to insult a group of people belonging to another race. The offense is recognized as extremist.
- Religious confrontation was more relevant in past centuries. However, in our time, the misconduct on the basis of interfaith contradictions cause excitement in large groups of the population. This act of extremist orientation is now associated with new terrorism, practiced by the IG organization prohibited in the Russian Federation.
- Social retail is caused by a bundle in society on property features. Arbitrage practice Shows hate social character It is quite rare. However, it causes a violation of public peace. Thus, the population thoroughly responds to news messages about children of oligarchs, openly non-observing the norms of legislation.
Among the methods of committing atrocities are distinguished:
- promulgation of offensive information, for example, news messages;
- the use of telecommunication networks, including the Internet for inciting in certain social layers of negative emotions;
Section X. Crimes against state power
Chapter 29. Crimes against the basics constitutional system and security of state
Article 275. State treason
State treason, that is, espionage committed by citizen of the Russian Federation, issuance foreign state, international or foreign organization or their representatives of information constituting a state secret, a trusted person or who has become a well-known service, work, study or in other cases, stipulated by law Of the Russian Federation, or the provision of financial, material and technical, consulting or other assistance to a foreign state, an international or foreign organization or their representatives in activities aimed at the security of the Russian Federation -
shall be punished with imprisonment from twelve to twenty years with a fine of up to five hundred thousand rubles or in the amount of wages or other income of convict for the period up to three years either without anything and with restriction of freedom for up to two years.
Note. The person who committed the crimes envisaged in this article, as well as articles 276 and 278 of this Code, is exempt from criminal liability if it has voluntarily and timely communicate to the authorities or otherwise contributed to the prevention of further damage to the interests of the Russian Federation and if there is no other composition in its actions Crime.
Article 276. Spying
Transfer, collecting, abduction or storage for the transfer of a foreign state, an international or foreign organization or their representatives of information constituting a state secret, as well as transfer or collecting on the task of foreign intelligence or a person acting in its interests, other information for their use against security. Russian Federation, that is, espionage, if these acts are committed foreign citizen or a person without citizenship -
shall be punished with imprisonment for a period of ten to twenty years.
Article 277. Encouring on the life of a state or public figure
Encroachment on the life of a state or public figure committed in order to terminate his state or other political activities or from revenge for such activities -
It is punished with imprisonment for a term of twelve to twenty years with a limitation of freedom for up to two years, or by life imprisonment, or a death penalty.
Article 278. Forced seizure of power or violent authority
Actions aimed at violent seizure of power or violent retention of power in violation of the Constitution of the Russian Federation, as well as aimed at a violent change in the constitutional system of the Russian Federation, -
Article 279. Armed rebellion
Organization of armed rebellion or an active part in it in order to overthrow or violent change in the constitutional system of the Russian Federation or violation of the territorial integrity of the Russian Federation -
shall be punished with imprisonment from twelve to twenty years with limitation of freedom for up to two years.
Article 280. Public calls for extremist activities
1. Public calls for extremist activities -
2. The same acts committed using the media or information and telecommunications networks, including the Internet, -
They are punished with compulsory work for up to five years with the deprivation of the right to hold certain positions or to engage in certain activities for up to three years or without any deprivation of freedom for up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
Article 280.1. Public appeals to implement actions aimed at violation of the territorial integrity of the Russian Federation
1. Public calls for the implementation of actions aimed at violating the territorial integrity of the Russian Federation -
shall be punished with a fine in the amount of from one to three hundred thousand rubles or in the amount of wages or other income of convicts for the period from one year to two years, or forced work for up to three years, or arrest for a period of four to six months or deprivation Freedom for up to four years with deprivation of the right to occupy certain positions or engage in certain activities for the same period.
2. The same acts committed using the media or electronic or information and telecommunications networks (including the Internet "), -
They are punished with compulsory work for a period of up to four hundred eighty hours with deprivation of the right to hold certain positions or engage in certain activities for up to three years or imprisonment for up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
Article 281. Diversion
1. Completion of the explosion, arson or other actions aimed at destruction or damage to enterprises, structures, objects transport infrastructure and vehicle, communications, life-support objects for undermining economic security and the defense capability of the Russian Federation -
shall be punished with a fine in the amount of from one to three hundred thousand rubles or in the amount of wages or other income of convicts for the period from one year to two years, or forced work for up to three years, or arrest for a period of four to six months or deprivation Freedom for up to four years with deprivation of the right to occupy certain positions or engage in certain activities for the same period.
2. The same acts:
a) committed by an organized group;
b) the resulting causing significant property damage or the offensive of other grave consequences -
shall be punished with imprisonment for a period of twelve to twenty years.
3. Acts provided for by parts of the first or second this articleif they entailed the deliberate causing death to man, -
shall be punished with imprisonment from fifteen to twenty years or lifelong deprivation of freedom.
Article 282. Excitation of hatred or hostility, as well as humiliation of human dignity
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;
c) organized by the 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.
Article 282.1. Organization of the extremist community
1. Creating an extremist community, that is organized group Persons for preparing or committing crimes of extremist orientation, as well as leadership such an extremist community, its part or in such a community by structural divisions, as well as the creation of the unification of the organizers, managers or other representatives of parts or structural units such a community in order to develop plans and (or) conditions to commit crimes of extremist orientation -
1.1. Declination, recruitment or other involvement of a person in the activities of the extremist community -
2. Participation in the extremist community -
Notes. 1. A person who first committed a crime provided for in this article and voluntarily ceased to participate in the activities of the extremist community, is exempt from criminal liability, if its actions do not contain a different crime composition.
2. Under the crimes of extremist orientation in this Code, crimes committed on the motives of political, ideological, racial, national or religious hatred or hostility either based on hatred or hostility regarding any social group provided for by the relevant articles of the special part of this Code and paragraph "E" of the first part of Article 63 of this Code.
Article 282.2. Organization of activities of an extremist organization
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 fine in the amount of four hundred thousand to eight hundred thousand rubles or in the amount of wages or other income convicteder from two to four years or imprisonment for a period of six to ten years with deprivation of the right to hold certain positions or engage in certain activities for ten years and with restriction of freedom for a period of one year to two years.
1.1. Decay, recruitment or other involvement of a person in the activities of an extremist organization -
shall be punished with a fine in the amount of three hundred thousand to seven hundred thousand rubles or in the amount of wages or other income of convicts for the period from two to four 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 term Up to five years old or without any restriction of freedom for a period of one year to two years, or imprisonment from four to eight years with a limitation of freedom for a period of one year to two years.
2. Participation in the activities of a public or religious association or other 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 that in accordance with the legislation of the Russian Federation are recognized as terrorist, -
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 one year to four years with deprivation of the right to hold certain positions or engage in certain activities on a period of up to three years or without such a limitation of freedom for a period of up to one year, or imprisonment for a period of two to six years, with deprivation of the right to hold certain positions or engage in certain activities for up to five years or without anything and with restriction of freedom on term up to one year.
3. Acts stipulated by parts of the first, first.1 or the second of this article committed by the person using their official position -
shall be punished with imprisonment from seven to twelve years with a fine of thousands from three hundred thousand to seven hundred thousand rubles or in the amount of wages or other income of convicts for a period of two to three years or without such, with deprivation of the right to hold certain positions or to engage Activity for up to ten years or without such and with restriction of freedom for a period of one year to two years.
Note. The person who has committed a crime provided for in this article and voluntarily ceased to participate in the activities of a public or religious association or other organization for whom the court adopted a decision on liquidation or prohibition of activities in connection with the implementation of extremist activities, is exempt from criminal liability. If its actions do not contain another composition of the crime.
Article 282.3. Financing extremist activity
1. Providing or collecting funds or the provision of financial services, obviously intended to finance the organization, preparation and committing at least one of the crimes of extremist orientation or to ensure the activities of the extremist community or an extremist organization -
shall be punished with a fine in the amount of three hundred thousand to seven hundred thousand rubles or in the amount of salary or other income of convicts for the period from two to four 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 The term of up to three years is either without any restriction of freedom for a period of up to one year, or imprisonment for a period of three to eight years.
2. The same acts committed by a person using their official position -
shall be punished with a fine in the amount of three hundred thousand to seven hundred thousand rubles or in the amount of wages or other income of convicts for a period of two to four years either without compulsory works for a period of two to five years with the deprivation of the right to hold certain positions or engage Activities for up to five years old or without such and with the restriction of freedom for a period of one year to two years, or imprisonment for a period of five to ten years.
Note. The person who first committed the crime provided for in this article is exempt from criminal liability if it is through timely communication to the authorities of the authorities or otherwise contributed to the prevention or curve of the crime, which it financed, and equally contributed to the preventiveness of the activities of the extremist community or an extremist organization, to ensure the activities of which It provided or collected funds or provided financial services if its actions do not contain other crimes.
Article 283. Declections of state secrecy
1. The disclosure of information constituting the state secret, the person with which she was entrusted or became known for service, work, studies or in other cases provided for by the legislation of the Russian Federation if this information has become the property of other persons, in the absence of signs of crime, stipulated by articles 275 and 276 of this Code -
It is punished with arrest for a period of four to six months or imprisonment for up to four years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without any.
2. The same act, resulting in negligence, grave consequences -
shall be punished with imprisonment from three to seven years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
Article 283.1 Illegal receipt information constituting a state secret
1. Obtaining information constituting a state secret, by abduction, deception, blackmail, coercion, the threats to violence by either another illegal way (in the absence of signs of crimes stipulated by Articles 275 and 276 of this Code) -
It is punished with a fine in the amount of two hundred thousand to five hundred thousand rubles or in the amount of wages or other income of convicts for the period from one year to three years or imprisonment for up to four years.
2. The same act if it is:
a) committed by a group of persons;
b) committed with violence;
c) led to the onset of serious consequences;
d) committed using special and other technical meansintended for sustainable receipt information;
e) associated with the distribution of information constituting a state secret, or with the movement of media of such information beyond the Russian Federation -
He is punished with imprisonment for a period of three to eight years.
Article 284. Loss of documents containing state secrets
The violation by the person who has admission to the state secret, established by the rules for the treatment of the documents containing the state secret, and equally with the subjects, the information about which is a state secret, if it affects the negligence of their loss and the onset of grave consequences, -
It is punishable by the restriction of freedom for up to three years, or arrest for a period of four to six months, or imprisonment for up to three years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without any.
Article 284.1. Implementation of activities on the territory of the Russian Federation of a foreign or international non-governmental organization, in respect of which a decision was made to recognize its activities undesirable in the Russian Federation
The management of activities on the territory of the Russian Federation of a foreign or international non-governmental organization, in respect of which it was decided to recognize its activities undesirable in the Russian Federation in accordance with the legislation of the Russian Federation, or participation in such activities committed by the person who was previously attracted to administrative responsibility for a similar Act two times within 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 mandatory work for a period of up to three hundred and sixty hours or forced work for up to five years with a limitation of freedom on The term of up to two years or without any, or imprisonment for a period of two to six years, with deprivation of the right to hold certain positions or engage in certain activities for up to ten years or without any.
Note. A person who voluntarily ceased to participate in the activities of a foreign or international non-governmental organization, with respect to which the decision was made to recognize its activities unwanted in the Russian Federation, is exempt from criminal liability if its actions do not contain a different composition of the crime.
Article 282. Excitement of hatred or hostility, as well as humiliation of human dignity. 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 equal to belonging to any social group committed publicly or using funds Mass media
Article 282. Excitation of hatred or hostility, as well as humiliation of human dignity
(as amended by Federal Law of 08.12.2003 No. 162-FZ)
1. 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 or with using the media-
shall be punished with a fine in the amount of from one thousand to three hundred thousand rubles or in the amount of wages or other income of convicts for the period from one year to two years, or by imprisonment of the right to hold certain positions or engage in certain activities for up to three years, or mandatory work on time up to one hundred and eighty hours or correctional work for up to one year or imprisonment for up to two years.
2. The same acts committed:
a) using violence or with a threat to its use;
b) face using his official position;
c) organized by the group,-
shall be punished with a fine in the amount of one hundred thousand to five hundred thousand rubles or in the amount of wages or other income of convicts for the period from one year to three years, or imprisonment of the right to hold certain positions or engage in certain activities for up to five years, or mandatory work on time From one hundred and twenty to two hundred forty hours or correctional work for a period of one year to two years, or imprisonment for up to five years.
Article 282.1. Organization of the extremist community
1. Creating an extremist community, that is, an organized group of persons to prepare or commit crimes of extremist orientation, as well as leadership such an extremist community, part of it, or in such a community by structural divisions, as well as the creation of an association of organizers, managers or other representatives of parts or structural units such a community in order to develop plans and (or) conditions for committing crimes of extremist orientation-
(as amended by Federal Law of July 24, 2007 No. 211-FZ)
shall be punished with a fine in the amount of up to two hundred thousand rubles or in the amount of wages or other income of convicts for the period up to eighteen months, or by imprisonment of the right to hold certain positions or engage in certain activities for up to five years, or imprisonment for up to four years with limitation of freedom For a period of one year to two years.
2. Participation in the extremist community-
shall be punished with a fine of up to forty thousand rubles or in the amount of wages or other income convicteder for a period up to three months or imprisonment for up to two years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without any and with restriction of freedom for up to one year.
(as amended by federal laws of 08.12.2003 No. 162-FZ, dated December 27, 2009 No. 377-ФЗ)
3. Acts provided for by parts of the first or second of this article committed by the person using their official position,-
(as amended by federal laws of 08.12.2003 No. 162-FZ, dated 21.07.2004 No. 73-FZ, dated December 27, 2009 No. 377-ФЗ)
shall be punished with a fine in the amount of from one thousand to three hundred thousand rubles or in the amount of wages or other income of convicts for the period from one year to two years or imprisonment for up to six years with deprivation of the right to hold certain positions or engage in certain activities for up to three years and restriction of freedom for a period of one year to two years.
Notes. 1. A person who voluntarily ceased to participate in 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, is exempt from criminal liability if it is not contained in its actions The composition of the crime.
2. Under the crimes of extremist orientation in this Code, crimes committed on the motives of political, ideological, racial, national or religious hatred or hostility either based on hatred or hostility regarding any social group provided for by the relevant articles of the special part of this Code and paragraph "E" of the first part of Article 63 of this Code.
(Notes in the edge of the Federal Law of July 24, 2007 No. 211-FZ)
Article 282.2. Organization of activities of an extremist organization
(introduced by Federal Law of July 25, 2002 No. 112-FZ)
1. The organization of the activities of a public or religious association or other organization in respect of which the court adopted a decision on the liquidation or prohibition of activities in connection with the implementation of extremist activities,-
shall be punished with a fine in the amount of one hundred thousand to three hundred thousand rubles or in the amount of wages or other income of convicts for the period from one year to two years, or arrest for a period of four to six months, or imprisonment for up to three years with limitation of freedom For a period of up to two years or without that.
(as amended by federal laws of 08.12.2003 No. 162-FZ, dated December 27, 2009 No. 377-ФЗ)
2. Participation in the activities of a public or religious association or other organization in respect of which the court adopted a decision on the liquidation or prohibition of activities in connection with the implementation of extremist activities,-
shall be punished with a fine in the amount of up to two hundred thousand rubles or in the amount of wages or other income of convicts for the period up to eighteen months, or arrest for up to four months, or imprisonment for up to two years with a limitation of freedom for up to one year or without .
(as amended by federal laws of 08.12.2003 No. 162-FZ, dated December 27, 2009 No. 377-ФЗ)
Note. The person who voluntarily ceased participation in the activities of a public or religious association or other organization in respect of which the court adopted the decision to legitimate the decision on the liquidation or prohibition of activities in connection with the implementation of extremist activities is exempt from criminal liability if there is no other composition in its actions Crime.
In its publications, I have already paid attention to the problems associated with the qualifications of specific crimes and disposal of them from other crimes compositions, as well as from actions containing signs of a crime, but not those.
In this article, I want an example of one criminal case, where I participated in appointment in the period preliminary investigation, pay attention to how a prejudice assessment of the actual circumstances of the case led, in my opinion, to an error in the object of criminal encroachment and unlawful criminal prosecution.
Unfortunately, my principal did not make my arguments in his defense, completely recognized the guilt and agreed to special order. In court, he was appointed another defender and he was convicted, although there were every reason to justify or stop the case for active repentance, which I was repeated repeatedly.
The object of the crime provided for by Art. 282 of the Criminal Code of the Russian Federation
Disposion of Art. 282 of the Criminal Code of the Russian Federation is formulated as follows: "Actions aimed at the initiation of 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 or using mass media".
At first glance, it seems that the direct object of criminal encroachment is human rights and citizen. Let's try to figure it out, is it?
This crime is posted in Chapter 29 of the Criminal Code of the Russian Federation "Crime against the foundations of the constitutional system and the security of the state." Thus, the generic object of criminal encroachment in the crimes of chapter 29 is the basis of the constitutional system and the security of the state.
Let's try to start to understand what "the foundations of the constitutional system" is important for the correct qualifications. However, the "security of the state" is also directly related to the encroachment on the basis of the constitutional system.
According to Article 16 of the Constitution of the Russian Federation, the provisions of Chapter 1 of the Constitution of the Russian Federation constitute the foundations of the constitutional system. Actually, this is clear from the very name of this chapter that contains only 16 articles in itself (articles from 1 to 16 inclusive).
Analysis of the provisions of Chapter 1 of the Constitution of the Russian Federation allows you to make the input that in relation to Art. 282 of the Criminal Code of the Russian Federation are suitable only by Art. 2 of the Constitution of the Russian Federation and Part 5 of Article 13 of the Constitution of the Russian Federation.
Now let's imagine how the investigator should describe the criminal act under Art. 282 of the Criminal Code in order to specifically indicate the object of the crime, which we revealed above. At the same time, we will remember that the direct object refers to a generic object as part to a whole (I remember the circles of Euler from the logic circuit).
In fact, the investigator will be required in charge, when describing the objective side of the crime, indicating the object of the crime, to specify, as and what actions of the accused, to defend the rights of human rights to the state of the state (Article 2 of the Constitution of the Russian Federation) or indicate that the accused has created and / Or participated in a public association, which pursues the goals prohibited in Part 5 of Article 13 of the Constitution of the Russian Federation.
The separation of Article 282 of the Criminal Code of the Russian Federation from insults (previously Article 130 of the Criminal Code of the Russian Federation, now Article 5.61 of the Administrative Code of the Russian Federation)
Since we found out above that the direct object in Art. 282 of the Criminal Code are not the rights of a citizen and a person, but the duty of the state to protect these rights, now we will be easier to deliver this crime from other actions.
As an example, as applied to this case, the object of criminal encroachment should be considered in Article 13 of the Criminal Code of the Russian Federation with a aggravating punishment by the circumstance provided for by paragraph "E" Part 1 of Art. 63 of the Criminal Code of the Russian Federation is an insult based on national hatred or hostility.
It should be explained that Article 15 of the Criminal Code of the Russian Federation is decriminalized and moved to Art. 5.61 Administrative Code ( the federal law dated December 12, 2011 No. 420-FZ). However, from the applied to the article, the decision on attracting as an accused it is clear that the actions incriminated by my prostrate were committed on September 2, 2011, i.e. During the period of Article.130 of the Criminal Code.
The objective object of insult was the rights of the individual, which follows from the name of the section 7 of the Criminal Code of the Russian Federation. The species object was the right to defend the honor and personal dignity, which follows from the title of chapter 17 of the Criminal Code of the Russian Federation.
From the disposition of Art.130 of the Criminal Code of the Russian Federation, it is clear that the immediate object of criminal encroachment completely coincides with the species object specified above.
The motives of the crime are subject to proof on the basis of Article 73 of the Code of Criminal Procedure of the Russian Federation. In addition, the motives can be taken into account when prescribing punishment, if they are provided for as a qualifying feature or circumstances aggravating punishment.
Thus, before the law enforcement, the task is to be based on the actual circumstances of the case, to determine which object a criminal encroachment was sent to: to the person or on the duty of the state for the protection of the person.
At the same time, the expression of an offensive nature using the derogatory characteristics of the identity on the national basis is a mandatory feature for qualifications under Art. 282 of the Criminal Code of the Russian Federation, and for Article 13 of the Criminal Code of the Russian Federation faculty, i.e. An additional and not mandatory feature.
Presents the interest of scientists of lawyers (the team edited by S.A. Razumov) commenting on Article 282 of the Criminal Code of the Russian Federation: "In this regard it is necessary to separate the random emotional manifestations of discontent from the principal position., for example, a policy or representative of the organization to which one or another person belongs ".
Thus, an insult to a person on a national basis may be mistakenly qualified under Art. 282 of the Criminal Code.
What did my prosthet do?
From the charge, it follows that my progressive familiar with the article "In Arkhangelsk, the owner of the restaurant network did not pay taxes in the amount of 35 million rubles," published on the website of the news agency "News29.ru", left his commentary following: "Yes, honestly, they got these [removed censorship] already. More for contrast, the car bought the car. [Removed by censorship], and the taxes probably in the homeland wants to pay. "
Note: the comment was removed only after the entry into force of the sentence.
So, for analyzing the actual circumstances of the case, we have an article and comment on it, the testimony of the person being attracted to the liability of the person, and the conclusion of an expert, which deserves a separate critical article (however, you can do conclusions). Other actual data in business.
With the opinion of the investigator outlined in the accusation, you can also familiarize yourself. And I have already expressed my opinion in essence, but additionally the idea.
The article itself is a provocative article according to its content, because it contains an indication of a crime by the face of Azerbaijani nationality, which is widely known in Arkhangelsk and more than once has been criticized. This explains why almost all comments on the article are negative.
As for the comment of my prostum, it should be considered not only in the context of the article, but also in textual unity to correctly determine the object of offensive statements.
Tips for lawyers:
1. Please tell me what severity of Part 1 of Article 282 of the Criminal Code was in September 2014.
1.1. Middle severity.
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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.
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3. What is the penalty for violation of Article 282 of the Civil Code of the Russian Federation.
3.1. Civilian legal responsibility.
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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 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 up to five years with a limitation of freedom for up to two years or without any, or arrest For a period of four to six months, or imprisonment for a term of two to eight years, with deprivation of the right to hold certain positions or engage in certain activities for up to ten years or without anything and with limitation 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.
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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.
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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.
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6.2. Dear visitor!
After repayment of criminal record, you can quite serve, I do not see obstacles
Good luck, I wish good luck.
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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.
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7. Can I get permission to weapons with a criminal record of 282.1 article?
7.1. Submitted to the conviction.
Federal Law of 13.12.1996 N 150-FZ (ed. From 01.07.2017) "On weapons"
Article 13. The right to acquire weapons by citizens of the Russian Federation
The license for the purchase of weapons is not issued to citizens of the Russian Federation:
3) having an incomparable or outstanding conviction for a crime committed intentionally, or having a removed or redeemed criminal record or a particularly serious crime committed with the use of weapons;
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8. On issues of interethnic retail (Art. 282)
8.1. Alexei. Specify your question in a common ribbon of questions more specifically - we will definitely try to answer it.
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8.2. Please describe more specifically your question, Alexey. For art. 282 includes not only the excitement of hatred or hostility based on interethnic relationships.
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9. I need a good lawyer under Art 282 and 148, I want to know the cost of services.
9.1. On our site there are a lot of good lawyers and lawyers, including from your city. You can independently in the search section of choosing a specialist and contact him. Good luck to you!
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10. Under Article 282 take into the army?
10.1. --- Hello, do not take criminability into the army, so on this side, you have nothing to fear. Good luck to you and all the best. : SM_AX:
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10.2.
Article 282. Excitation of hatred or hostility, as well as humiliation of human dignity
[Penal Code] [Chapter 29] [Article 282]
If you mean this article, then the army will not take until the conviction will be redeemed.
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11. Zhenismism called me not Russian and I am Russian whether it is st 282?
11.1. You have already answered.
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11.2. No is not
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12. I want to apply for 282 article. My actions?
12.1. What evidence is there?
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12.2. Write a statement, set out time, place, circumstances of the crime and apply. Writing in free form.
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13. Does it make sense to write a statement for new circumstances if I was convicted of 282 in 2016, but a law on partial decriminalization of 282 articles was released? P.S I would certainly try the law of the inverse strength, but the conviction has already redeemed the flight in this regard (
13.1. Yes, right - fly.
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Consultation on your issue
call with urban and mobile free throughout Russia
14. In 2013, it was convicted of 282.1 on mandatory work. Now the conviction is repaid. In connection with the decriminalization of the article, will I be considered prosecuted? Now I would have got administered administrative in connection with decriminalization. Maybe whether it will be arranged to work in law enforcement agencies If the article is decriminalized?
14.1. In the Database of HIC (IC) of the Ministry of Internal Affairs of the Russian Federation, your data is recorded, and you will not pass a special test, you will be refused to enter the service agencies.
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15. How to make a petition to court to decriminalization of article 282. According to published information on the portal. And when does it come into force?
Federal Law of 27.12.2018 No. 519-FZ "On Amendments to Article 282 of the Criminal Code of the Russian Federation"
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16. I did not understand from the answers of lawyers. Opinions are different. Is it possible to remove the fact of criminal prosecution from the database after decriminalization of Art. 282.1. A criminal case was initiated on his son and discontinued in court on non-obstabing grounds. Is decriminalization by rehabilitation base. If you can remove, what should I do for this?
16.1. No, unfortunately, it is impossible to remove from the database. It does not matter that the act is decriminalized. The data will be stored at least 80 years in the database.
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16.2. You should contact the ATS, you can write via the Internet reception. There, I think, will answer your question in detail.
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16.3. Unfortunately, it is not a reablitative basis, but the exclusion of information from the database is possible only by court decision. Currently undergoing similar litigation In one of the Tomsk courts, where the local Ministry of Internal Affairs is not able to prove the foundation of data storage by such a category of affairs. Therefore, there are big chances to exclude information from the base. I think everything is decided in the feather half of the first quarter of 2019.
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17. The question is how I will write a petition for revision of the criminal record under Article 282.1 in connection with the amendments taken recently.
17.1. 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.
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18. It was convicted of Article 282.1. For a period of 2 years, as a result of 8 months strict regime. The crime recognized completely was the turnover with a ridiculous and the court was special Procedure What can I write. Especially now I heard the amendments.
18.1. If you are 8 months old "gave" court appeals instancethen you can file cassation appeal. However, it would not advise you to do this, since if the prosecutor's office serves a cassation presumption, then you can increase the term. According to the crime, the commission of which is punishable in the form of imprisonment from 4 to 8 years (and non-alternatively - pay attention), you still got a lot of fright. So most likely applied Article 64 of the Criminal Code of the Russian Federation ("Punishment below below").
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19. I was brought to me two weeks ago by 282 hours 1
This is the first thing for me ever.
I recently found out that Vladimir Putin introduced a bill to the State Duma on partial decriminalization of this article.
After the Goduma takes the law (and she will take it exactly), should I be afraid that I still go on the criminal?
And how will the investigation act?
19.1. If you do not have time to condemn before the law enters into force (that is, it will be signed by the president and officially published), the criminal case will be discontinued.
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20. My son is convicted under Article 280, 282, for the repost, September 20 came out Supreme Court The Russian Federation is about changing judicial practice to repost. The question is where and on what basis to apply for revision court decreebecause in Art. 413 Code Code No foundation, as in st.392 GPK on newly discovered circumstances in connection with the plenum?
20.1. Indeed, the decision of the authority judicial authority (Plenum of the Supreme Court) does not have a formal act of law and, accordingly, cannot serve as a newly discovered circumstance. According to the letter of the law. But as usual, we often happen, everything that does not move the law, comes in motion from the will of Ivanov or Petrov. And in this case, the power of "advises" citizens to consider this Divo (the opinion of the judges of the Supreme Court) as new circumstances in the criminal case ("after partial decriminalization of Art. 282 of the Criminal Code (extremism) convicted for reposity or his lawyer must raise the question of revising the sentence" , Mikhail Fedotov, the head of the Presidential Council for Human Rights (SCH), said "RIA Novosti reports.
"Naturally, this is possible, only this is not an amnesty, but these sentences [concerning reposts of extremist information] must be revised. That is, convicted or his lawyer puts the question of revising the case in connection with the new circumstances, "said Fedotov.
Therefore, write to the court of first instance a statement about the revision of a criminal case under new circumstances.
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21. What will happen after partial dipminalization of Article 282 of the Criminal Code with those who have already received a suspended period under this article and already convicted. But the administrative could be. And now the stain for life. Although it was only 16.
21.1. The criminal case after the entry into force of the amendments to 282 of the Criminal Code should be discontinued, the sentences are canceled. The term of limitation of attraction to administrative responsibility is 1 year, that is, it is possible to do without administrative.
Outcome: Apply to the Court, who considered the case.
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22. If Article.282 is partially decommissioned, the criminal case closed in court on my son on non-repudent reasons with payment trialIn essence, it will be administrative, TC is committed for the first time in minor age, VKontakte moved to the page unread songs, but which insulted the honor and dignity of police officers. What can be done in this case so that the certificate of criminal proceedings does not affect the criminal prosecution?
22.1. At the time of sentencing, at least the law should come into force. In case of entry into force, criminal prosecution With regard to your son will stop.
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23. A criminal case was established on the son of 282.1 and discontinued in court on non-unrehabilizing grounds. If it is discrepled by Art. 282.1, then it will be possible to remove the fact of criminal prosecution from the Ministry of Internal Affairs.
23.1. All the fact of attracting criminal liability remains in the database, indicating the reasons for the cessation of persecution, as well as in the case of amnesty or decriminalization. But in the certificate of criminal record, we will be indicated, the conviction is absent.
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23.2. No, it is impurrant, since the decision on the case was already accepted and the case was terminated. Decriminization will concern only those cases that at the time of the law entering into force are not yet considered and the decision on them is not accepted.
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24. Article 282 UK.RF Part One
Led campaign against the State Duma of the Russian Federation and the propaganda of Nazism
At the time of the crime of 2014, the article had one position, at the time of the court of 2015 changed
Judged by the latest amendments
Should I write a supervision?
24.1. This is elementary.
. The effect of criminal law
1. Crime and the punishability of acts are determined by the criminal law in effect during the commission of this act.
2. The time of committing a crime recognizes the time of the commission of socially dangerous action (inaction) regardless of the time of consequences.