To others – the attitude is trifling – Newspaper Kommersant No. 2 (7447) dated 01/10/2023

The result of the public discussion at the beginning of the year on the punishment of citizens who left Russia who criticize the Kremlin’s policy towards Ukraine has so far been two concrete proposals from State Duma deputies: United Russia Oleg Morozov advocated a ban on the entry of such people into the Russian Federation, and his faction colleague Yevgeny Popov – for the cancellation of their passports. True, the deputies themselves, as they told Kommersant, are not going to formalize their ideas in the form of legislative initiatives. But lawyers doubt the effectiveness of the proposed measures.

The interim result of the discussion on measures to influence Russians who have gone abroad and sharply criticize Russia’s policy towards Ukraine (a public discussion of this issue at the end of the New Year holidays was initiated by the head of the Duma Control Committee Oleg Morozov) became two ideas of United Russia deputies. Mr. Morozov himself spoke out in favor of temporarily restricting such people from entering Russia by a court decision. And TV presenter Yevgeny Popov suggested considering the possibility of canceling the passports of Russians who are abroad and found guilty of committing any crimes by the court.

Recall that the controversy began with the indignant reaction of Oleg Morozov to the post of journalist Artemy Troitsky, who posted on social networks an image of Ukrainian servicemen against the backdrop of the burning Kremlin. Later, the deputy “walked” on the actor Artur Smolyaninov, who declaredthat I would like to fight for Ukraine now. Yevgeny Popov, who joined the discussion, expressed the opinion that the actor’s statements may fall under the Criminal Code. In a conversation with Kommersant, the deputy explained that many interpreted the words of Mr. Smolyaninov as a call for the murder of Russians, in connection with which United Russia wondered whether the existing measures of influence on citizens who violate the law and are abroad are sufficient. “The options may be different – for example, the annulment of passports (not citizenship). This is what our American “partners” do left and right: Edward Snowden (a former CIA officer who received asylum in Russia.— “b”) is a well-known example,” United Russia recalled. In the current situation, Interpol and other international law enforcement systems are reluctant to respond to Russian requests, if it is not, for example, a murder, which means that other leverage is needed, Mr. Popov noted. In his opinion, the cancellation of the passport will help limit the possibility of movement of such Russians.

Alexei Elaev, senior lecturer at the Western Branch of the RANEPA, believes that in this case, most likely, we are talking about the cancellation of a passport. At the same time, according to the Constitution, a citizen of the Russian Federation still has the right to return to his homeland, regardless of whether he has any document in his hands, the expert emphasizes. He explains that a canceled passport within the validity period will be invalid only in the base of the Union State, for leaving the country or performing notarial acts in Russian diplomatic missions abroad. “Other countries – for example, the UK – also use the mechanism for canceling foreign passports, and usually this is a bureaucratic act, indicating that the diplomatic mission abroad will not issue a new passport instead, you need to contact your homeland and there already resolve issues with authorities that have claims to you,” adds the lawyer.

MGIMO associate professor Ilya Rachkov, in turn, notes that the subject of discussion, in fact, was the return of the practices of the Soviet era, when deprivation of citizenship and expulsion from the country were actively used, for example, against dissidents. It also recalls the “Nansen passports” – identity cards issued by the League of Nations to refugees and stateless persons: they were once received by writers Ivan Bunin and Vladimir Nabokov, ballerina Anna Pavlova, composers Sergei Rachmaninov and Igor Stravinsky, artist Ilya Repin. As for the measures proposed by the deputies, in conditions when Russia is already suffering a loss of human capital, they look quite controversial, Mr. Rachkov sums up.

However, both deputies are in no hurry to formalize their ideas in the form of legislative initiatives. Oleg Morozov told Kommersant that he first needed to discuss his proposal with experts in the field of constitutional law and “find a formula.” And Yevgeny Popov even called his statements about passports “thinking out loud.” Although he assumes that, most likely, such bills will appear, he was prompted to this conclusion by the sharpness of the discussion that arose.

“The radicalism championship does not involve judges, only spectators, since the rules have been lost,” Mikhail Vinogradov, head of the Petersburg Politics Foundation, commented on the prospects for the proposals made by the deputies. At the same time, he doubts that such ideas and statements are beneficial to the Russian authorities.

Policy Division