Demonstrating does not mean challenging

The government gave a positive response to the United Russia bill, which equates maps “disputing the territorial integrity” of the Russian Federation with extremist materials. At the same time, the Cabinet of Ministers made a number of comments, pointing out, in particular, the lack of characteristics in the draft that would allow “unambiguously considering the distribution or public demonstration of these images as a challenge to the territorial integrity of the Russian Federation.” Opposition factions support the concept of the document, although the Communist Party of the Russian Federation sees “controversial issues” in it.

Amendments to ban the distribution of “separatist” cards were prepared by the head of the State Duma Committee on Security Vasily Piskarev and his deputies Ernest Valeev and Anatoly Vyborny (all – United Russia). They proposed supplementing the law “On Counteracting Extremist Activity” with a norm according to which extremist materials would include “cartographic and other images and products that dispute the territorial integrity of the Russian Federation” intended for distribution and public demonstration. The second bill amends the Code of Administrative Offenses: for the distribution of such cards, citizens will face a fine of up to 3 thousand rubles. or arrest up to 15 days, legal entities – a fine of up to 1 million rubles.

On December 20, the documents were adopted in the first reading, January 18 is the deadline for submitting amendments to the second reading.

The government, in its response, supported the amendments “subject to their finalization, taking into account the comments made.” The first of these is due to the fact that the draft law “does not contain provisions indicating characteristics that allow unequivocally to consider the distribution or public demonstration of these images and products as a challenge to the territorial integrity of the Russian Federation.” In addition, it is not clear from the new norms whether materials published “before the decisions on the admission of new subjects to the Russian Federation” will fall under their action. It is also not clear what to do with cards issued before the accession of new territories, but not yet in circulation. Finally, the review notes that maps, as a rule, perform an exclusively informative function, while their classification as extremist materials implies “the presence of an intent on a particular subject to take actions to challenge the territorial integrity of the Russian Federation.” “This may hinder the formation of a unified law enforcement practice,” the Cabinet of Ministers concluded.

Anatoly Vyborny told Kommersant that his committee, as a rule, takes into account the government’s comments. “If we have any contradictions, we will resolve them within the framework of working interaction,” he promised.

The deputy also assured that in the case of materials published before the admission of new territories to the Russian Federation, “the law does not have retroactive force”: “This is our history. One way or another, this must be taken into account. But step by step, these materials will be confiscated in due course.” As for the question of the presence of intent, Mr. Vyborny agrees that it is necessary to “clearly define the criteria for assessing the actions of the subject.”

Opposition factions generally approve the United Russia initiative. LDPR supports the concept of the bill and is not preparing its own amendments, Aleksey Didenko, deputy head of the faction, told Kommersant: “We only partially agree with the government’s conclusion: the law does not have retroactive effect, but applies to publications that were published after the entry into force of the law.” The Communist Party of the Russian Federation has not yet decided on possible amendments, communist Yuri Sinelshchikov told Kommersant: “There are controversial points in the project, the cards may have different goals. In my office, for example, there is a map with the Ukrainian Donbas still hanging, and the borders are changing. We have not yet figured out how to formalize our proposals in amendments. We must also keep in mind that our law enforcement agencies can bring everything to the point of absurdity.

In faction “New people”, as Kommersant was told in its press service, they are also discussing the possibility of introducing amendments that clarify the application of the new rule. In particular, party members consider it necessary to directly indicate that the products produced before the annexation of new territories should not be subject to punishment. This will help to avoid mistakes and excesses, the press service explained: “It will be extremely strange to find a criminal offense due to the sale of an old map in a rural store without four new regions or the presence of an unupdated children’s encyclopedia in the school library.”

Deputy Yana Lantratova (SRHR) told Kommersant that she conceptually supports the idea: “We must be attentive to any printed materials that deal with the composition of the Russian Federation, including souvenirs. After all, if someone did not include Crimea or our new territories into Russia, then this is done intentionally, based on political convictions that are contrary to Russian law.” In addition, such products are mainly bought by foreigners and children, she noted: “That is, this is both an educational moment and a question of positioning the country.” But in this case, “the main thing is to do without excesses,” Ms. Lantratova added.

Ksenia Veretennikova, Maria Makutina