Commentary on the article Judicial practice Comments (as amended by Federal Law dated November 4, 2014 N 332-FZ)
1. Propaganda or public display of Nazi paraphernalia or symbols, or paraphernalia or symbols that are confusingly similar to Nazi paraphernalia or symbols, or paraphernalia or symbols of extremist organizations, or other paraphernalia or symbols, the propaganda or public display of which is prohibited by federal laws, -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand rubles with confiscation of the subject of the administrative offense, or administrative arrest for a term of up to fifteen days with confiscation of the subject of the administrative offense; for officials - from one thousand to four thousand rubles with confiscation of the subject of the administrative offense; for legal entities - from ten thousand to fifty thousand rubles with confiscation of the subject of the administrative offense.
2. Production or sale for the purposes of propaganda or acquisition for the purpose of sale or propaganda of Nazi paraphernalia or symbols, or paraphernalia or symbols that are confusingly similar to Nazi paraphernalia or symbols, or paraphernalia or symbols of extremist organizations, or other paraphernalia or symbols, propaganda or public demonstration of which is prohibited by federal laws -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand five hundred rubles with confiscation of the subject of the administrative offense; for officials - from two thousand to five thousand rubles with confiscation of the subject of the administrative offense; for legal entities - from twenty thousand to one hundred thousand rubles with confiscation of the subject of the administrative offense.
Commentary to Art. 20.3 Code of Administrative Offenses of the Russian Federation
1. According to the Moscow Law “On administrative responsibility for the production, distribution and display of Nazi symbols on the territory of the city of Moscow” dated January 15, 1997 N 1 (as amended by the Moscow Law dated October 24, 2001 N 55):
Nazi symbols mean banners, badges, uniform attributes, greetings and passwords, which represent a reproduction in any form of the corresponding symbols used by the National Socialist Workers' Party of Germany and the Fascist Party of Italy: swastikas and other distinctive signs of state, military and other structures recognized as criminal Nuremberg International Tribunal, fasces, welcoming gestures, etc., as well as any other symbols and paraphernalia reminiscent of Nazi (fascist);
the production of Nazi symbols means the creation and reproduction of objects depicting the corresponding signs (symbols), or materials containing them: posters, leaflets, printed, photo, film and video products, etc.;
the distribution of Nazi symbols means the transfer of the above items or materials to other persons through sale or free distribution;
demonstration of Nazi symbols means its public display, display, wearing, hanging, depiction, reproduction on the pages of printed publications or in photo, film and video materials, replication and other actions that make its perception accessible;
Wearing Nazi symbols means the presence of symbols and paraphernalia reminiscent of Nazi (fascist) on clothing in the form of stripes, armbands, badges, and other elements, as well as wearing other items with its image (watches, bracelets, etc.).
Within the meaning of Art. 3 of the said Moscow Law, the reproduction of Nazi (fascist) symbols in the framework of feature or scientific films and publications condemning fascism or setting out historical events, as well as displaying religious rites and traditions using signs of the national heraldic symbols of Russia and others is not considered as an unlawful act countries when the corresponding symbols cannot be considered Nazi (fascist).
2. According to paragraphs 2 - 3 of Art. 1 of the Federal Law of July 25, 2002 N 114-FZ “On Combating Extremist Activities” propaganda and public display of Nazi paraphernalia or symbols or paraphernalia or symbols that are confusingly similar to Nazi paraphernalia or symbols; public calls for the implementation of the specified activities or the commission of the specified actions constitute a type of extremist activity (extremism).
The concept of “fascism” is not legally defined; In scientific literature, fascism, as a rule, is understood as a political movement based on the state ideology of a strong personality, leaderism, and racial superiority.
A state based on the ideology of fascism (Italian fascismo) was created in Italy in 1923 and lasted until April 27, 1945 (after the official capitulation of Italy on September 3, 1943, the successor to fascist statehood was the Italian Socialist Republic (Repubblica Sociale Italiana, RSI), proclaimed on September 18, 1943). Within the meaning of the commented article, fascist attributes or symbols also mean the attributes and symbols of Nazi Germany 1933 - 1945. In this case, it is necessary to take into account the objective ideological differences between the doctrines of Italian fascism and National Socialism, which exclude the identification of the concepts of “fascism” and “National Socialism” in their legal interpretation.
Within the meaning of this article, Nazi (fascist) paraphernalia refers to the essential distinctive features characteristic of fascist ideology and the fascist state.
In the commented article, Nazi (fascist) symbols are understood as a set of fascist symbols, among them state symbols: the state flag and the national anthem of fascist Italy and Nazi Germany, the military symbols of the SS troops, especially the military insignia of SS units, usually staffed by members of the National Socialist Workers' Party of Germany (NSDAP), volunteers - adherents of the ideology of National Socialism.
Nazi (fascist) symbols include:
- NSDAP emblem, banner (flags, standards), letterhead, posters, leaflets of the NSDAP and related symbols (jackets, caps, sleeve insignia, buckles, other parts of the equipment of NSDAP leaders), emblem and standards of the SA (Sturmabteilung, SA) - assault troops, paramilitary units of the NSDAP;
- emblem, flags, standards and other symbols of the fascist organization of former veterans of the national war - “Union of Veterans” (Fasci di Combattimento), National Fascist Party of Italy (Partito Nazionale Fascista), Fascist Republican Party of Italy (Partito Fascista Republicano);
— symbols of the SS (Schutzstaffeln, SS) (sleeve insignia, emblems, etc.), security paramilitary units of the NSDAP, including symbols of SS military units directly involved in hostilities (caps, field caps, sleeve patches, buttonholes, daggers , other details of the uniform), as well as symbols of the structural units of the SS, for example, insignia of the SD security service (Sicherheitsdienst, SD);
- symbols of the Gestapo (Geheime Staatspolizei, Gestapo) - the secret state police (emblem, badges of Gestapo employees, etc.).
Affiliation of the symbols of the Reichswehr, Wehrmacht (the name of the German armed forces in 1933 - 1934, 1935 - 1945, respectively), branches of the armed forces - Air Force, Navy, Ground Forces, operational control bodies of the German Armed Forces - the High Command of the Armed Forces (Oberkommando der Wehrmacht, OKW ); the main command of the ground forces (Oberkommando der Heeres, OKH); General Staff, Air Force Operations Command Headquarters (Oberkommando der Luftwaffe, OKL); Naval Headquarters (Oberkommando der Kriegsmarine, OKM); insignia of reservists, veterans and paramilitary organizations (Association of Veterans of the First World War (Kuffhauserbund), National Socialist German Union of Front-War Soldiers (First World War, NSDFB), Auxiliary Rural Police (Landwacht), Municipal Police (Gemeindepolizei), Security Police (Schutzpolitzei) , fire department (police, Feuerschutzpolizei), secret field police (Geheime Feldpolizei) - armbands, cockades, badges, neck plates, etc., as well as symbols of the Hitler Youth (Hitlerjugend) - a youth organization operating under the control of the NSDAP, breastplates ( qualification) signs certifying membership in the Hitler Youth, emblems, armbands (bandages), knives of members of the Hitler Youth, etc., are fascist symbols, in any case, disputable: in accordance with the decisions of the International Military Tribunal in Nuremberg, they were classified as criminal organizations leadership of the NSDAP, SS, SD and Gestapo.
In relation to the Federal Law of July 11, 2001 N 95-FZ “On Political Parties”, the emblem of a political party is considered as one of its symbols.
Dissemination or propaganda of attributes or symbols identified with Nazism (fascism) in electronic, print media or other forms with the aim of expanding their impact on various segments of the population is qualified as a considered administrative offense.
In accordance with paragraph 4 of Art. 1 of the Federal Law “On Combating Extremist Activities”, extremist materials are understood as documents or information on other media intended for publication, calling for the implementation of extremist activities or justifying or justifying the need for such activities, including the works of the leaders of the National Socialist Workers' Party of Germany, the fascist parties of Italy, publications that substantiate or justify national and (or) racial superiority or justify the practice of committing military or other crimes aimed at the complete or partial destruction of any ethnic, social, racial, national or religious group.
According to Art. 8 of the said Federal Law, in the event of dissemination of extremist materials through a mass media or identification of facts indicating the presence of signs of extremism in its activities, the founder and (or) editorial board (editor-in-chief) of this mass media by the authorized state body that registered this mass media , either the Ministry of Trade and Industry of Russia, or the Prosecutor General of the Russian Federation or the relevant prosecutor subordinate to him, issues a warning in writing about the inadmissibility of such actions or such activities, indicating the specific grounds for issuing the warning, including violations committed. If it is possible to take measures to eliminate the violations committed, the warning also sets a period for eliminating these violations, which is at least 10 days from the date of the warning.
The warning may be appealed to the court in accordance with the established procedure.
If the warning was not appealed to the court in the prescribed manner or was not recognized by the court as illegal, and also if, within the period established in the warning, measures were not taken to eliminate the violations that served as the basis for issuing the warning, or if again within 12 months from the date After issuing a warning, new facts have been identified indicating the presence of signs of extremism in the activities of the mass media, the activities of the relevant mass media are subject to termination in the manner established by the specified Federal Law.
When interpreting this article of the Administrative Code, one should take into account various translation options for the name of the Nazi Party of Germany (Nazionalsozialistische Deutsche Arbeiterpartei) in relation to this Federal Law and the Moscow Law “On administrative responsibility for the production, distribution and display of Nazi symbols on the territory of the city of Moscow” (see definition Nazi symbols in paragraph 2 of this commentary). At the same time, the Federal Law “On Combating Extremist Activities,” in contrast to the Moscow Law, is based on the traditional version of the translation introduced into use by Soviet scientific literature (cf., for example, with the modern version of the translation of the NSDAP: Raevsky M.V. German- Russian dictionary of abbreviations. M., 2000. P. 192).
3. See note to paragraph 5 of the commentary to Art. 5.1.
Cases of administrative offenses provided for in the commented article are considered by magistrates (cf. part 1 of article 23.1 of the Administrative Code and paragraph 4 of part 3 of this article).
1. Failure to comply with legislation regarding the organization and (or) implementation of internal control, which did not result in failure to provide information about transactions subject to mandatory control, or about transactions in respect of which employees of an organization carrying out transactions with funds or other property suspect that they are carried out for the purpose of legalization (laundering) of proceeds from crime or the financing of terrorism, and also entailing the submission of said information to the authorized body in violation of the established procedure and deadlines, except for the cases provided for in parts 1.1, 2 - 4 of this article, entails a warning or imposition of an administrative fine on officials in the amount of ten thousand to thirty thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles.
1.1. Failure of a credit organization to comply with the requirements of the legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism in terms of developing internal control rules and (or) appointing special officials responsible for implementing internal control rules, except for the cases provided for in parts 1 and 2 of this article entails a warning or the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles; for legal entities - in the amount of one hundred thousand to two hundred thousand rubles.
2. Actions (inaction) provided for in Part 1 of this article, resulting in the failure to submit to the authorized body information about operations subject to mandatory control, and (or) the submission to the authorized body of false information about operations subject to mandatory control, as well as failure to provide information about operations, in respect of which employees of an organization carrying out transactions with funds or other property suspect that they are carried out for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism, except for the cases provided for in part 1.1 of this article, shall entail the imposition of an administrative a fine on officials in the amount of thirty thousand to fifty thousand rubles; for legal entities - from two hundred thousand to four hundred thousand rubles or administrative suspension of activities for a period of up to sixty days.
2.1. Failure to comply with the legislation regarding the blocking (freezing) of funds or other property or the suspension of transactions with funds or other property shall entail the imposition of an administrative fine on officials in the amount of thirty thousand to forty thousand rubles; for legal entities - from three hundred thousand to five hundred thousand rubles or administrative suspension of activities for a period of up to sixty days.
2.2. Failure to submit to the authorized body information on cases of refusal on the grounds specified in Federal Law of August 7, 2001 N 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism” from concluding (executing) bank account agreements (deposits) with clients and (or) from conducting transactions entails the imposition of an administrative fine on officials in the amount of thirty thousand to forty thousand rubles; for legal entities - from three hundred thousand to five hundred thousand rubles or administrative suspension of activities for a period of up to sixty days.
2.3. Failure to submit to the authorized body, at its request, the information available to an organization carrying out transactions with funds or other property about clients’ transactions and about the beneficial owners of clients or information about the movement of funds through the accounts (deposits) of its clients shall entail the imposition of an administrative fine on officials in the amount from thirty thousand to fifty thousand rubles; for legal entities - in the amount of three hundred thousand to five hundred thousand rubles.
3. Obstruction by an organization carrying out transactions with funds or other property from carrying out inspections by an authorized or relevant supervisory body or failure to comply with orders issued by these bodies in order to combat the legalization (laundering) of proceeds from crime and the financing of terrorism shall entail the imposition of an administrative fine on officials persons in the amount of thirty thousand to fifty thousand rubles or disqualification for a period of one to two years; for legal entities - from seven hundred thousand to one million rubles or administrative suspension of activities for up to ninety days.
4. Failure of an organization carrying out transactions with funds or other property, or its official, to comply with the legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, which resulted in the legalization (laundering) of proceeds established by a court verdict that has entered into legal force by criminal means, or financing of terrorism, if these actions (inaction) do not contain a criminal offense shall entail the imposition of an administrative fine on officials in the amount of thirty thousand to fifty thousand rubles or disqualification for a period of one to three years; for legal entities - from five hundred thousand to one million rubles or administrative suspension of activities for up to ninety days.
