The Constitutional Court of the Russian Federation refused to cancel the article of the Code of Administrative Offenses on discrediting the army

The Constitutional Court (CC) of Russia dismissed the complaints of 13 applicants who asked to declare unconstitutional and cancel the article on discrediting the Russian army (20.3.3 of the Code of Administrative Offenses of the Russian Federation). In published on the website of the authority definition The Constitutional Court states that the introduction of administrative liability for discrediting during the period of a military operation “cannot be in doubt”

Among the applicants in the case were oppositionist Ilya Yashin (included in the register of foreign agents), who was fined three times under Art. 20.3.3 of the Code of Administrative Offenses, and then sentenced to 8.5 years in prison under paragraph “d” part 2 of Art. 207.3 of the Criminal Code (distribution of fakes about the army); lawyers and advocates of OVD-Info (included in the register of foreign agents), Memorial (included in the register of foreign agents and liquidated in 2021) and the Rus Sitting Foundation (included in the register of foreign agents).

The definition of the Constitutional Court states that the administrative article does not contradict the Constitution of the Russian Federation, therefore, there is no need to consider complaints in a court session. “The relevant decisions and measures taken by the state bodies of the Russian Federation cannot be arbitrarily, solely on the basis of a subjective assessment and perception, questioned from the point of view of their focus on protecting the interests of the Russian Federation and its citizens, maintaining international peace and security,” the court notes.

Also, the Constitutional Court does not believe that the article of the Code of Administrative Offenses of the Russian Federation on discrediting the army is discriminatory and violates the right of Russians to criticize. As justification, the judges of the Constitutional Court noted that any public criticism of the actions of the Russian Armed Forces could reduce the “decisiveness and effectiveness” of the army in fulfilling its combat missions.

Administrative liability for discrediting the Russian army has been introduced in Russia since April 2022. It provides for punishment in the form of administrative fines (in the amount of 30 to 500 thousand rubles). At the same time, after repeated bringing to administrative responsibility, a criminal case can already be initiated under Art. 280.3. Criminal Code of the Russian Federation (provides for up to five years in prison).

Alexander Kislov