Protocols will be allowed to follow – Kommersant

It is proposed that Russian security officials be given the right to draw up reports on Russians living abroad under articles related to extremism, abuse of freedom of speech and discrediting the Russian army. The corresponding initiative was sent by the State Council of Tatarstan to the Council of Legislators under the State Duma. Tatar deputies emphasize that it is abroad that “public leaders and activists carry out activities against the interests of the Russian Federation.” The courts are already making decisions on liability for “fresh posts on social networks in relation to citizens who have lived outside the Russian Federation for many years,” the interviewed lawyers point out.

The State Council of Tatarstan considers it necessary to amend Art. 1.8 of the Code of Administrative Offenses (the effect of legislation on administrative offenses in space) and Art. 4.5 (limitation of bringing to administrative responsibility). In particular, we are talking about the possibility of prosecuting persons who have committed an offense outside the Russian Federation under the following articles:

• part 9 and part 10 of Art. 3.15 of the Code of Administrative Offenses (dissemination in the media and the Internet of unreliable socially significant information that poses a threat to public order or interference with infrastructure),
• h. 3–5 art. 20.1 (insulting the head of state, officials and state symbols),
• Art. 20.3.1 (inciting hatred or enmity),
• Art. 20.3.2 (public calls to violate the territorial integrity of the Russian Federation),
• Art. 20.3.3 (discrediting the Armed Forces of the Russian Federation),
• Art. 20.3.4 (calls for the introduction of restrictive measures against the Russian Federation and its citizens).

At the moment, within the framework of the Code of Administrative Offenses, a citizen can only be prosecuted for offenses committed abroad under Art. 20.33 (participation in the activities of an organization undesirable in the Russian Federation). The code notes that punishment follows if the actions of a person are directed against the interests of the Russian Federation, and also if he has not already been punished for this in a foreign state. Those who are abroad can be held criminally liable.

During the Russian Federation’s special operation in Ukraine, “cases of Russian citizens residing on the territory of foreign states committing public actions against the foundations of the constitutional order, state and public security of the country have become more frequent,” the authors explain: territories of foreign states, various public leaders and activists carry out activities directed against the interests of the Russian Federation. However, now there is no “possibility of proceeding in cases of administrative offenses against such persons,” complain in the parliament of Tatarstan.

In addition, the deputies propose to extend the statute of limitations for bringing to administrative responsibility under the aforementioned articles to two years.

Now this period under the extremist articles of the Code of Administrative Offenses and on the abuse of freedom of speech (Article 3.15) is one year. According to articles on discrediting the army and calls to impose sanctions against the Russian Federation – three months.

The Council of Legislators accepted the initiative of Tatarstan for consideration, but has not yet issued a conclusion. The legal department of the Federation Council drew attention to the fact that in the materials of the State Council there is no justification for the need to increase the statute of limitations. And the information and analytical department of the upper chamber also indicated that there is no analysis of the enforcement of the articles of the Code of Administrative Offenses. The legal department of the State Duma noted that for inciting hatred, discrediting the army, calling for sanctions outside the Russian Federation, “depending on the method, intent and consequences, such citizens can be brought to both administrative and criminal liability.” Lawyers referred to the practice of the Moscow City Court.

Vadim Klyuvgant, a partner at the Pen & Paper Bar Association, believes that such an “expansion and tightening of responsibility” will lead to “excessive repression” in this area “along with an accusatory bias, a broad interpretation of the law and extremely low standards of proof.”

“The consequences of the implementation of such a proposal are also quite obvious: further expansion of the scope of repression and the circle of persons subjected to it. Moreover, in relation to people who are abroad, this will often be done in their absence – in absentia, ”he believes.

Stanislav Seleznev, senior partner of the Network Freedoms project, says that in practice, world and district courts “have long bypassed the legislative limitation on the limitation of bringing to administrative responsibility for publications on the Internet”: they are massively prosecuted for texts even ten years old, explaining this by “supposedly continuing nature misdemeanours”, although for criminal cases the Supreme Court “expressly prohibited such an approach”.

He adds that although Art. 4.5 of the Code of Administrative Offenses allows you to bring citizens to administrative responsibility for acts committed outside the Russian Federation on only one offense related to Internet publications and reposts (Article 20.33), in practice, courts “quietly issue rulings on all materials that relate to posts on the Internet if a district police officer, an FSB officer or a prosecutor drew up such a protocol”: “There have been repeatedly recorded cases of fines for fresh posts in relation to citizens who have been living outside the Russian Federation for many years.”

Partner at the Yablokov Brothers law firm Artem Yablokov, answering the question of how technically a citizen can be prosecuted for an offense outside the country, said: “The evidence base can be formed not only through open sources, but also through interviewing or interrogating eyewitnesses and witnesses , through the collection of other documents, such as certificates, including operational ones. “If the norm of the Code of Administrative Offenses of the Russian Federation does not provide for punishment in the form of arrest, then the consideration of the case is possible even in the absence of a person, but with proper notification,” the expert added.

Kirill Antonov, Kazan; Alexander Voronov