Kuban deputies want to ban terrorists and those convicted of fake news from participating in elections
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The Legislative Assembly of the Krasnodar Territory will submit to the State Duma a bill extending restrictions on passive voting rights to persons convicted of terrorist activities, fake news about the army and discrediting the armed forces. In addition, if the amendments are adopted, the ban on participation in elections will affect citizens brought not only to criminal, but also to administrative liability for discrediting. According to Kuban deputies, this is the only way to put a “barrier to anti-state activity” and prevent “internal unrest.”
The legislative initiative to change the electoral legislation “in order to improve state policy in the field of countering extremism and terrorism in elections” was considered by Krasnodar deputies on February 26. The bill being submitted to the State Duma proposes amendments to the federal laws “On Basic Guarantees of Citizens’ Electoral Rights,” “On Presidential Elections,” “On Elections of State Duma Deputies,” and “On the Procedure for Forming the Federation Council.”
In particular, the document extends the restriction of passive suffrage already existing in the legislation to persons who have an outstanding conviction for committing crimes not only of an extremist, but also a terrorist nature, as well as crimes committed to justify or support terrorism or sabotage. In addition, it is assumed that those convicted of disseminating knowingly false information about the army (Article 207.3 of the Criminal Code of the Russian Federation), repeated discrediting of the armed forces (Article 280.3), public calls for activities directed against the security of the state (Article 280.4), as well as Repeated calls for the introduction of sanctions against Russia (Article 284.2) should lose the right to be elected to government bodies, regardless of the severity of the crime (currently the ban is valid only if the offense is qualified under the second part of each of these articles).
Finally, Kuban deputies believe that the ban on election should also apply to citizens subjected to administrative punishment for inciting hatred and enmity (Article 20.3.1 of the Code of Administrative Offences), public calls for violating the territorial integrity of the state (Article 20.3.2 ), discrediting the army (Article 20.3.3), as well as calls for the introduction of sanctions against Russia (Article 20.3.4). Let us remind you that a person is considered subject to administrative punishment within a year after the court decision enters into force.
Commenting on this initiative, Chairman of the Legislative Assembly Yuri Burlachko (United Russia) noted that the development of the bill was dictated by “the requirements of the current moment.” “In connection with the events in Ukraine, the confrontation between Russia and a large circle of Western countries has intensified. Our opponents also rely on actions aimed at destabilizing the socio-political situation in our country. We cannot allow such a development of events: everyone remembers what a great price Russia paid in its history for internal unrest. In this situation, it is necessary to take restrictive measures that can put a barrier on the path of extremism, terrorism and other forms of anti-state activity,” said Mr. Burlachko.
Among other things, the document also implies a number of additional restrictions regarding the conduct of the elections themselves. Thus, the ban on joining election commissions is expected to be extended to persons who have violated all of the above administrative compositions. According to current legislation, only violators of election legislation lose the right to be a member of the election commission. In this regard, the explanatory note to the bill notes that during the 2022-2023 election campaigns in the Krasnodar Territory alone, ten cases were identified in which citizens who committed offenses against the foundations of the constitutional order worked in election commissions.
Finally, the bill contains a rule on changing the conditions of election campaigning: candidates’ programs and their campaign materials should not contain justification or justification for terrorism and extremism, as well as information discrediting the armed forces and government bodies.
Chairman of the Legislative Assembly Committee on Legality, Order and Legal Protection Andrei Gorban (United Russia), who became one of the initiators of the bill, explained to Kommersant that “the so-called activists, who have a trail of scandals behind them, are disorganizing the work of the commissions,” which can lead to the cancellation of voting results in a particular precinct. “We consider this situation unacceptable. Citizens who respect the state and its institutions have the right to participate in the formation of government bodies,” the deputy emphasized. He also clarified that the bill was previously discussed in the Council of Legislators of the Krasnodar Territory, where it did not cause criticism or objections. “The initiative was also considered by the Council of Legislators of Russia, whose recommendations were taken into account when finalizing the bill,” added Mr. Gorban. Let us recall that the Council of Legislators of the Russian Federation is headed by the speakers of the two chambers of the federal parliament – Valentina Matvienko and Vyacheslav Volodin.
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