The flag did not fit the anthem – Newspaper Kommersant No. 168 (7369) of 09/13/2022
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The World Court in Yekaterinburg fined 2,000 rubles. travesty artist Sergei Nechaev, performing under the pseudonym Bomba Cybersisi, for performing the Russian anthem in a gay club. The court found that the artist violated the rules for using the Russian state symbol by “waving the LGBT flag symbolizing gender diversity.” Judge Vladlena Marchuk specifically noted that in doing so, Mr. Nechaev “demonstrated his sexual preference.” The report on the artist, who has been performing in various clubs for more than two decades, but is officially an employee of the local zoo, was drawn up after State Duma deputy Vitaly Milonov complained about him. Mr. Nechaev, who calls himself a patriot who dedicated the number to supporting the country, recalled that he himself served in Chechnya.
A video with a speech by Sergei Nechaev appeared on social networks on August 7. On the recording, he, in the image of the Cybersis Bomb – in a concert dress and bright makeup – sings the Russian anthem on the stage of the Fame gay club in Yekaterinburg. During the performance, Mr. Nechaev holds the flag of the LGBT community. The post attracted public attention after it was commented on by State Duma deputy Vitaly Milonov, known for his harsh remarks against LGBT people. In particular, on the air of radio “Moscow speaking”, he stated that transvestites should be recognized as mentally ill at the state level and hospitalized: “Transvestites should all be sent to psychiatric hospitals, gay clubs, of course, everything should be closed, children’s ice cream parlors should be opened instead of gay clubs as a symbol victory of normal relations over abnormal ones. A couple of days after this statement, the police drew up a protocol against Sergei Nechaev under Art. 17.10 of the Code of Administrative Offenses (violation of the procedure for using the state symbols of the country), the sanction of which provides for a fine of 3 thousand rubles.
Mr. Nechaev explained his number with a desire to support Russia.
“I am a former participant in the hostilities in Chechnya and a representative of the LGBT community,” he said. “I wanted to show support for the state. I am a patriot, I am for Russia and I am proud that I am its citizen!” He admitted that he “did not think that people could take this as a disrespect for state symbols and an insult.”
Sergey Nechaev is a well-known travesty actor in the city, who has been performing in various clubs for more than two decades with his program in the image of the Cybersis Bomb. The main place of work of Mr. Nechaev for more than ten years has been the Yekaterinburg Zoo.
The management of the Fame club on social networks apologized to everyone who was offended by the number. However, members of the right-wing nationalist movement “Conservative Russia” were not satisfied with this.
They forced the artist himself to apologize by filming it and spreading the video on social media. Mr. Nechaev apologizes, saying that he does it voluntarily, while one of the supporters of the movement holds his hand, and several other men are nearby.
Sergei Nechaev did not appear at the trial. The case file states that he admitted his guilt. “Having the role of an actor disguised as a person of the opposite sex, namely from male to female, in a female dress, with female makeup, demonstrating his sexual preference, he violated the procedure for using the state symbol of the Russian Federation. Namely, when performing on the stage of the club, Fame performed the anthem of the Russian Federation, while waving the LGBT flag throughout the performance, which symbolizes gender diversity and is used to refer to homosexual, bisexual and transgender people,” Vladlena Marchuk, judge of the world precinct No. 2 of the Oktyabrsky district, read out the decision.
According to the court decision, Mr. Nechaev was fined 2,000 rubles, the confession of guilt was a mitigating circumstance.
Note that Art. 17.10 of the Code of Administrative Offenses has been in force since 2008. According to the statistics of the judicial department of the Russian Federation, the courts annually consider more than a hundred such violations. For example, in 2019, the number of cases related to the violation of the procedure for the use of state symbols was 130, of which 9 were against legal entities, 32 against officials. Only in 14 cases did the courts limit themselves to issuing warnings. In 2020, the statistics grew slightly: a total of 136 cases were considered, of which 12 were against legal entities and 41 against officials. Only eight warnings were issued in 2020. In 2021, it follows from the data of the judicial department, the article on the procedure for using state symbols was used less often – 95 times; of which, in relation to legal entities, only 6 times, and in relation to officials – 16 times.
It was not possible to contact Sergei Nechaev after the announcement of the decision by Kommersant.
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