Photo:
TASS/Egor Aleev
The Ministry of justice can initiate a return to the discussion of the bill of the government, which mitigates punishment for rallies and demonstrations, reduces liability for the harm caused to the participants of mass events” and konkretisiert requirements for the “Hyde parks”. The bill, executing the decision of the constitutional court of the Russian Federation from 2013, is included in the work of the Ministry for this year. This “news” told two of the interlocutor in the state Duma, information was also confirmed by a source in the Ministry of justice. The Ministry believes that, despite the adjustment of the administrative code of the lower limit of the fine for violations at rallies, the issue remains unresolved. The justice Ministry is also ready to fix “article Dading” on criminal responsibility for repeated violations at rallies, but wait for a mandate from the government.
The government bill was listed in the work plan of the Ministry of justice last year. However, after the President of the Supreme court Vyacheslav Lebedev, the Commissioner for human rights Tatyana Moskalkova and head of the presidential Council on human rights Mikhail Fedotov supported the idea of decriminalizing so-called “articles Dading” (mitigation of penalties for violations of article 212.1 of the criminal code), the interlocutors of “Izvestia” has not excluded that the Ministry may return to the bill of the government. The document is the work plan for this year, the office believed that the issue is not resolved, said the source “Izvestia” in the state Duma.
The government bill aims to fulfill the decisions of the constitutional court (CC) of the Russian Federation from 2013, in which he considered excessively high fines for violation of the legislation on rallies, and demanded to change the rule on appointment of compulsory labor for violations, even on formal occasions.
The COP considered that the minimum amount of fines for citizens from 10 thousand rubles — for the nature of the offense and the status of a person. As a result, the bill now includes a provision that gives the courts the right to appoint punishment below the minimum limit specified in the article.
Also, the court drew attention to the fact that criminal liability should not occur even for repeated — within six months — in violation of the organization of public events in case they did not result in a real threat to public order, and will not cause harm and was illegal only on paper.
We will remind that the state Duma adopted a government bill in the first reading in December 2013 and since then it has not returned. However, the courts still got the ability to assign citizens a lesser punishment than that provided for in article of the administrative code, not only on the “rallies” articles, but also others, if provided for them a fine of more than 10 thousand rubles. At the end of 2014 the state Duma introduced amendments to the administrative code. The rest of the government’s proposals to implement the decisions of the COP and were not taken into account.
That government offers
The government proposed to exclude punishment in the form of obligatory works for the perpetrators of a purely formal violation of the rules of the organization of rallies, if not followed damage and was not affected.
It was also suggested to define the boundaries of responsibility of organizers of public events violating their rules, if the violence suffered by the citizens or their property. According to the project organizer is obliged to compensate the damage, if such consequences have arisen as a result of his illegal actions. Now he is obliged to compensate the damage “regardless of the symptoms they adequate care for the maintenance of public order and the absence of guilt”, follows from the explanatory note to the bill.
In addition, it was planned to specify the requirements for the so-called Hyde parks where citizens could gather for public events. It was proposed to establish the possibility of holding public events in any, even the smallest, settlement.
We will remind that after elections to the state Duma of the sixth convocation was followed by a wave of protests against their results. The result was toughened fines for participants and organizers of the event ended with riots.
Two sources of “News” in the Duma and one in the Ministry of justice stated that the inclusion in the work plan of the Ministry for this year means the desire of the Department to return to the discussion around the document. Earlier in the Duma Committee on state construction and the legislation of the state Duma of the sixth convocation had declared that the decision of the constitutional court has already performed in the framework of other laws.
The Ministry of justice to a formal request wasn’t answered. The head of the Duma Committee on state construction and the legislation Pavel Krasheninnikov (United Russia) told “Izvestia” that in the nearest agenda of the Committee for this project yet.
“Article Dading”
Earlier in the Ministry of justice expressed willingness to fix the article 212.1 of the Criminal code on responsibility for repeated violations at rallies after the decision of the constitutional court on the complaint of the activist Ildar Dading. However, the adjustment is possible only in case if there is a corresponding instruction of the government.
In early February, the constitutional court ruled that article 212.1 of the criminal code is constitutional, but pointed out some inconsistencies. The Commissioner for human rights Tatyana Moskalkova proposed not to decriminalize this article. The Chairman of the Supreme court Vyacheslav Lebedev and the head of the presidential Council on human rights Mikhail Fedotov supported the idea. Press Secretary of the President Dmitry Peskov said that it is noteworthy.
The experts
First Deputy Chairman of Committee on development of civil society, public and religious associations Dmitry Vyatkin (“United Russia”, in the sixth convocation, Deputy head of the Committee on state construction, who was responsible for amendments to the administrative code and “rallies” legislation) believes that, in fact, the COP decision has been made.
— The concept, the idea of this bill has already been implemented, — he told “Izvestia”.
One of the authors of the act 2012 that tightens the rules of holding rallies, Alexander Sidyakin (“United Russia”) said that the law on demonstrations in Russia has formed and corresponds to the analogues of civilized countries. Including in terms of gradation of responsibility of organizers and participants of rallies in connection with the public danger posed by spontaneous demonstrations, often escalating into riots.
— The draft law prepared by the Ministry of justice, it is important for the second reading to determine the criteria for specially designated places for collective discussion of socially significant questions and expression of public sentiment on topical issues, the so-called Hyde parks. There really is legal uncertainty, which can be eliminated with the adoption of amendments to the law on rallies already this year, — the Deputy noted.
The head of the presidential Council for development of civil society and human rights Mikhail Fedotov believes that the bill should be taken, thinking about the future mitigation of punishment.
The lawyer of the international human rights group “Agora” Olga Dinze believes that it is better to remove the bottom border of sanctions that the court could make decisions based on the circumstances of the case and the identity of the person charged.
Ex-Deputy of the state Duma, head of legal services Communist party Vadim Solovyov said that the Communists insisted on the implementation of the decisions of the COP in full. But lawmakers, he said, and sometimes interpret the decisions of the COP “as they please”.