Moscow City Duma deputies ask to edit the law on fakes

Deputies of the Moscow City Duma Mikhail Timonov (A Just Russia – For the Truth) and Evgeny Stupin (KPRF) pointed to the “unconstitutionality”, in their opinion, of the article on the dissemination of false information about the Armed Forces of the Russian Federation (Article 207.3 of the Criminal Code of the Russian Federation) and demanded relevant amendments to the Criminal Code. They sent an analysis of the application of this norm in Moscow (it is called the article on fakes about the army) to the chairmen of the Supreme Court (SC) and the State Duma, as well as the commissioner for human rights in the Russian Federation.

Article “Public dissemination of knowingly false information about the use of the Armed Forces of the Russian Federation…” was introduced in the Criminal Code a year ago, after the outbreak of hostilities in Ukraine. The article provides for, among other things, punishment of up to 10 years in prison, and in some cases up to 15 years (if the act caused “serious consequences”).

On the anniversary of the amendments to the Criminal Code, the deputies of the Moscow City Duma proposed to correct the norm, deputy Mikhail Timonov told Kommersant. He provided copies of the relevant appeals sent on Tuesday to Supreme Council Chairman Vyacheslav Lebedev, State Duma Chairman Vyacheslav Volodin and Ombudsman Tatyana Moskalkova.

“The practice of applying this article has given rise to serious problems,” the deputies state.

In their opinion, not only law enforcement agencies, but also the courts give Article 207.3 of the Criminal Code of the Russian Federation a meaning that involves establishing the truth or falsity of both factual data on the use of the RF Armed Forces, and value judgments and opinions that cannot be verified for their reliability. “The only criterion for the deliberate falsity of information is its inconsistency with the statements of the Ministry of Defense of the Russian Federation,” the deputies write. An 18-page analysis of the application of Art. 207.3 of the Criminal Code in Moscow for the past year.

“An aggravating circumstance is the citizen’s disagreement with the official point of view. The wording of the charges brought under this article often does not make it possible to distinguish between a crime under Article 207.3 of the Criminal Code and an administrative offense under Article 20.3.3 of the Code of Administrative Offenses (on “discrediting the Armed Forces of the Russian Federation.”— “b”),” says the appeals of the deputies of the Moscow City Duma, who also conclude “that this article is unconstitutional, primarily in terms of the meaning attached to it by law enforcement practice.”

The chairman of the Supreme Court is asked to “issue a resolution of the Plenum of the Supreme Court of the Russian Federation”, in which all issues related to the application of the norm will be clearly explained to the courts.

It also contains a request to the Supreme Court to apply to the Constitutional Court with a request for the constitutionality of Art. 207.3 of the Criminal Code of the Russian Federation. In an appeal to the Chairman of the State Duma, the request is different: to legally distinguish between “dissemination of false information” in the Criminal Code and “discredit” in the Code of Administrative Offenses, and also to clarify in the Criminal Code the very concept of “political hatred”, which is imputed to the defendants.

The authors ask the Ombudsman to “study the practice of considering criminal cases by the courts under Article 207.3 of the Criminal Code”, to send (“if the Supreme Court agrees”) a complaint to the Constitutional Court “on violations of the rights and freedoms of citizens”, as well as petitions to Russian courts to check those that have already entered into force sentences.

Maria Starikova