Relocants face remote fines – Kommersant

In Tatarstan, they propose to expand the coverage area of ​​the Code of Administrative Offenses of the Russian Federation, holding Russian citizens living abroad accountable for discrediting the Russian army and abuse of freedom of information. The corresponding bill was approved by the Committee on Law and Order of the State Council of Tatarstan, planning to send it to the State Duma. The authors of the amendments explain that commentators from abroad “harm society and the state” with their statements. Meanwhile, Russian courts are already issuing fines to relocants under these articles.

The draft amendments to the federal Code of Administrative Offenses were developed by the State Council of Tatarstan and State Duma deputy from the region Airat Farrakhov (United Russia). The document proposes to expand Art. 1.8 of the code (the effect of legislation on administrative offenses in space), which deals with offenses outside the Russian Federation, adding Art. 20.3.1 (inciting hatred or hostility), Art. 20.3.2 (public calls for violation of the territorial integrity of the Russian Federation), Art. 20.3.3 (discrediting the RF Armed Forces), art. 20.3.4 (calls for the introduction of restrictive measures against the Russian Federation and its citizens). In addition, according to Tatarstan parliamentarians, this list should include parts 9–11 of Art. 13.15 of the Code of Administrative Offenses (abuse of freedom of mass information) and parts 3–5 of Art. 20.1 (petty hooliganism in the form of dissemination of information with “obvious disrespect” for society, officials and state symbols).

For all these articles of the Administrative Code, deputies consider it necessary to punish citizens of the Russian Federation who are abroad. “There are clear examples…that on the territories of foreign states various public leaders and activists carry out activities directed against the interests of the Russian Federation,” says the explanatory note to the project. The deputies propose to raise the statute of limitations for bringing administrative liability under the listed articles to two years, and to consider cases “at the place of detection” (by making appropriate amendments to Article 29.5 of the Code of Administrative Offenses of the Russian Federation). After approval at the plenary meeting of the State Council of Tatarstan on October 19, the project will be sent to the State Duma.

Now in st. 1.8 of the Code of Administrative Offenses of the Russian Federation mentions only one article that allows citizens to be held administratively liable for an offense outside Russia – 20.33 (participation in the activities of an organization undesirable in the Russian Federation). The authors of the amendments complain that according to the current Code of Administrative Offenses of the Russian Federation, it is “impossible to apply preventive measures to relocants.” Whereas the Criminal Code of the Russian Federation allows for the initiation of criminal cases against those who have gone abroad. “Commentators appeared, our former famous figures, even idols. They have degenerated and are causing harm to society and the state,” said Shakir Yagudin, head of the Committee on Law and Order of the State Council of Tatarstan. “This fifth column is thriving too much,” said deputy Ildar Shamilov (all from United Russia).

The text of the amendments has already been examined by the Council of Legislators of the Russian Federation at the Federal Assembly. They noted the importance of “creating legal mechanisms” to hold people accountable for such offenses, but recalled the practice of courts that previously held citizens who had left Russia administratively liable. Thus, in August 2023, the Primorsky District Court of St. Petersburg fined journalist Alexander Nevzorov (recognized as a foreign agent in the Russian Federation) 20 thousand rubles. for inciting hatred. At the same time, Mr. Nevzorov stated that he lives in Israel. The Council of Legislators of the Russian Federation at the Federal Assembly also criticized the increase in the statute of limitations proposed by Tatarstan deputies. “This requires a strong justification,” they said.

Vadim Klyuvgant, a partner at the Pen & Paper Bar Association, says that the logic of the initiative is formulated directly in the explanatory note – “to remove any obstacles to bringing to administrative responsibility any people, wherever they are, who allow themselves to make public statements or actions that do not correspond to the “general line” ” The amendments do not meet the requirement of legal certainty of the norms of the Code of Administrative Offenses of the Russian Federation and are of a “political and opportunistic nature,” Mr. Klyuvgant considered. He found it difficult to comment on the initiative “from the point of view of values ​​and principles of law.”

Kirill Antonov, Kazan; Alexander Voronov