“New People” introduced a bill banning potential offenders from approaching them

Deputies of the “New People” faction propose to give citizens the opportunity to prohibit potential offenders from approaching them. The decision on such a “judicial order,” according to the authors of the bill, will be made by the court. Such a mechanism is needed to protect citizens subjected to intrusive persecution (“stalking”), as explained in “New People”. All these novelties are proposed to be included in the Civil Code (CC). Deputies from other factions find it difficult to formulate a definite opinion on the bill, but are rather skeptical about it. Experts confirm the existence of a problem, but believe that the initiative is not sufficiently developed.

The authors of the bill, deputies Vladislav Davankov, Sardana Avksentyeva and Ksenia Goryacheva (all “New People”), propose to supplement Article 12 of the Civil Code of the Russian Federation, which establishes methods for protecting civil rights, with a clause on “establishing a ban on committing actions that violate or create a threat of violation of certain rights or encroaching or threatening to encroach on certain benefits.” The novella is intended to provide new article Civil Code of the Russian Federation 14.1, which, among other things, states: “If there are grounds, the court may establish a ban on approaching and (or) a ban on other contacts between the offender and the citizen.”

The explanatory note states that the relevance of the initiative is determined by “the need to establish legal mechanisms for the protection of citizens who are subject to intrusive persecution.” The initiators believe that a legislative prohibition on approach may be required “in order to ensure the safety and protection of the rights of the victim from possible violence or repeated criminal acts.” The measure itself, as interpreted by legislators, “implies restriction of the freedom of movement of the violator, who could potentially pose a threat to the life and health of the victim.”

“This helps prevent further incidents of violence or re-offending. Moreover, obsessive stalking causes stress and anxiety in the victim. The prohibition on approaching gives the victim the opportunity to feel protected and safe,” parliamentarians believe.

“The bill was the result of a broad public discussion that took place around various versions of the bill on domestic violence,” Sardana Avksentieva told Kommersant. None of them were adopted, but the relevant Duma committee allowed the opportunity to work with “suitable fragments” of the developed documents, one of which is the part on “restraining orders,” the deputy explains. The corresponding initiative, Ms. Avksentieva continued, “has been repeatedly raised by the human rights community,” and the current legislation “has all the mechanisms” for its implementation (in particular, liability for refusal to execute a court decision). “A ban on approaching is a completely effective measure that can save lives and prevent tragedies,” the deputy is sure. “So I believe that our initiative has a chance of passing. “I believe in the sanity of my colleagues in the State Duma, so I hope for a positive decision by the committee.”

Deputies of other Duma factions do not yet want to comment in detail on the initiative of their colleagues. Thus, the first deputy chairman of the relevant committee, former prosecutor Yuri Sinelshchikov (Communist Party of the Russian Federation), pointed out the need to “see how all this is justified.” “Of course, it’s extravagant,” the communist assessed the idea. “But today, it seems to me, we are not very ready for such decisions. Firstly, I don’t yet see an urgent, real need for this. Secondly, I don’t really imagine how these decisions will be implemented: what our bailiffs will do with them.” The ex-prosecutor added that the bill needs to be studied in detail, after which “it will be clear whether we are for it or against it.” “Although I cannot support it in the air,” the parliamentarian said. Assistants to the first deputy chairman of the committee, Irina Pankina (United Russia), noted that the initiative “just arrived” and “will be discussed at a committee meeting.”

Representative of the Center for the Protection of Victims of Domestic Violence Sofya Rusova explained to Kommersant that the problem of “stalking” is relevant not only for vulnerable categories (women and children), although such actions often appear specifically in cases of domestic violence.

“But from what I have read, it is not clear to me how (the ban is prohibited) in practice. “Kommersant”) will be carried out: who will monitor the execution and really see to this (persecution.— “Kommersant”) did not happen,” noted Ms. Rusova. The idea of ​​providing a legal basis for “stalking” is justified, but a simple “note” will not stop a person who commits a crime, the expert is sure. Lawyer Georgy Krasnov, in an interview with Kommersant, also touched upon the problem of the enforceability of the ban and concluded that in its current form the bill “will not help crime victims in any way”: “The mechanism of the introduced protection is not spelled out at all, and there is no connection with the criminal procedure law.” He also draws attention to the fact that in the explanatory note the authors operate with the concept of “victim”, but do not make any connection with the Criminal Code and the Code of Criminal Procedure. “This is a methodological error,” the expert believes.

Grigory Leiba