New edition of Art. 280 of the Criminal Code of the Russian Federation
1. Public calls for extremist activities -
shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by forced labor for a term of up to three years, or by arrest for a term of four to six months, or by imprisonment freedom for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for the same period.
2. The same acts committed using the media or information and telecommunication networks, including the Internet, -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Commentary on Article 280 of the Criminal Code of the Russian Federation
1. The constitutional structure of Russia is determined by the provisions of the Constitution, which enshrines the foundations of the constitutional system, the fundamental rights of man and citizen in the Russian Federation, the federal structure of the state, the organization of the highest bodies of state power and local government, the procedure for the administration of justice, as well as the procedure for introducing constitutional amendments and revision of the provisions of the Constitution.
The fundamentals of the constitutional system of the Russian Federation cannot be changed except in the manner established by the Constitution in Part 1 of Art. 16. Consequently, the object of a criminal attack is the constitutional system of the Russian Federation, enshrined in the Basic Law, including its political system and other fundamental principles of social structure.
2. The objective side of the crime is characterized by the commission of a public action - a call aimed at carrying out extremist activities, and only a public call to commit this activity.
2.1. Extremist activity can be expressed in actions aimed at forcibly seizing or appropriating power, forcibly changing the foundations of the constitutional system and violating the integrity of Russia, etc. For more details see Art. 1 Federal Law dated July 25, 2002 N 114-FZ “On countering extremist activities” (as amended on July 27, 2006) <1>. ——————————— <1> NW RF. 2006. N 31 (part 1). Art. 3447.
3. Call is understood as an appeal that expresses the desire to exert a guiding and directing influence on the consciousness, will and behavior of people, to induce them to a certain kind of action. Moreover, the form of such influence (appeals) can be different: oral, written, visual, using technical means.
3.1. Making public appeals is a purposeful activity. A specific goal is being pursued - creating an incentive to commit a violent seizure or appropriation of power, forcibly changing the foundations of the constitutional system of the Russian Federation, etc., activating and uniting the will of citizens to achieve this. In their purposefulness, calls differ from various kinds of statements that do not have a motivating purpose and, therefore, are not criminally punishable.
3.2. At the same time, the goal pursued in calls is of a general, abstract nature. The requirement is aimed at inducing citizens to take certain violent actions, i.e. affects primarily the will of people. The expressed calls do not contain specific information about the place and time of these actions, or the methods of extremist activity. The absence of these signs allows us to delimit Art. 280 from incitement to commit a specific crime (Articles 278, 279).
4. Publicity of appeals means that the motivating appeal was made openly, in conditions of perception by a wide range of people. Calls will be of a public nature even in the case when familiarization with their content occurs after a certain period of time (for example, if leaflets are posted at night). The publicity of certain calls should be assessed based on the specific circumstances of the time, place and environment of their occurrence.
5. Appeals must contain demands to carry out extremist activities.
6. The moment of completion of the crime (composition) is the commission of a public call containing the specified inducement. To qualify the actions of the perpetrator according to the comment. The article does not require establishing the fact that appeals were perceived or whether they achieved their intended goal of influencing the consciousness of citizens.
7. The subjective side of the crime is characterized by direct intent - the perpetrator is aware of the socially dangerous nature of his actions and desires their implementation. The purpose of public calls is to form and activate the internal motivation of people to carry out extremist activities.
7.1. The motives can be different: self-interest, revenge, ideological differences, etc.
8. Qualified type of comment. The crime is the commission of public appeals using the media - periodicals, radio, television, video programs, newsreels and other forms of periodic dissemination of mass information. The media, in particular, include newspapers, magazines, almanacs, bulletins and other publications that have a permanent name, current issue and are published at least once a year, periodic audio and audiovisual messages and materials (broadcasts) that have a permanent name and published (broadcast) at least once a year (see Art. 2, 4 of the Law of the Russian Federation of December 27, 1991 N 2124-1 “On the Mass Media” (as amended on October 16, 2006) <1>) . ——————————— <1> Vedomosti RF. 1992. N 7. Art. 300; NW RF. 1995. N 30. Art. 2870; 2002. N 30. Art. 3029; 2006. N 31 (part 1). Art. 3452, N 43. Art. 4412.
In this case, the moment of completion of the crime (composition) will be the moment of publication of the periodical or broadcast.
9. Actions reflected in the disposition of the comment. Articles relate to crimes of medium gravity, and, therefore, preparation for the commission of public calls for the specified content does not constitute a crime.
10. If public calls are made by a citizen of the Russian Federation on the instructions of a foreign state, foreign organization or their representatives, the act must be qualified in conjunction with Art. 275.
11. It is necessary to distinguish between public calls for extremist activity and actions aimed at inciting national, racial or religious hatred (Article 282) or organizing an armed rebellion (Article 279). The distinction is made based on the content of public appeals, their focus on achieving certain goals, and the lack of specific information about the actions being prepared.
12. The subject of a criminal offense is a sane individual who has reached the age of 16.
Responsibility for calls for separatism
What is “separatism” and what is the penalty for calling for it?
On May 9, 2014, a new article 280.1 came into force in the Criminal Code of the Russian Federation, providing for liability for public calls for actions aimed at violating the territorial integrity of the Russian Federation.
Calls disseminated in the media or via the Internet are punishable by compulsory labor (free community service) for up to 480 hours or imprisonment for up to 5 years. A journalist or editor is held liable in his personal capacity, as an individual.
1. Separatism - the desire to separate, separate; a movement for secession of part of the state and the creation of a new state entity or for granting autonomy to part of the country.
2. An appeal will be considered the presence in a publication of an appeal to any group of citizens, in any form (oral, written, visual, visual demonstration (poster, photograph, signature under a photograph), using technical means), in which the desire to unite citizens is expressed in order to influence their consciousness, will and behavior, to induce them to take actions (not necessarily violent!) aimed at violating the territorial integrity of the country.
3.Calls for separatism will be punished if we are talking about the division of Russia, and not other countries and territories . For example, at the moment, calls for action to return Crimea to Ukraine will be considered separatism, because Crimea is officially declared part of Russia.
4. It doesn’t matter if any actions were taken as a result of the call, responsibility comes for the very fact of publishing the text (video) with the call. The call may well be addressless and absurd - the main thing is that the purpose of the call is to divide Russia into different parts or transfer some territory to another state.
5. Formally, an appeal is a manifestation of purposeful activity (that is, as part of a conceived plan), which should be distinguished from the expression of opinion, judgment, evaluation, criticism, including the political activity of certain public figures, politicians and the state as a whole.
6.The appeal is formulated in the form of an incentive proposal. For example: “Guys, let’s take up arms and defend our right to live as we want!” “Let's protect our traditions, create our own state!” Deputies of the State Duma, commenting on this provision, point out that calls to return Crimea to Ukraine should also be considered as separatism within the meaning of Art. 280.1 of the Criminal Code of the Russian Federation.
Thus, in order to avoid criminal liability, you should not publish materials that contain appeals to citizens (on behalf of any person or organization):
— on the possibility (necessity) of dividing the territory of the Russian Federation into separate states (autonomous republics);
— on the detachment (secession from the Russian Federation), including through a referendum, of certain territories;
— on the annexation of part of the territory of the Russian Federation to other states;
- about any other violation of the territorial integrity of the Russian Federation.
It seems that any publication that criticizes or questions the advisability of maintaining Russian territory within its current borders, supporting statements about the separation of the Caucasus, or even expressing doubt about the annexation of Crimea to Russia can be potentially dangerous and entail the risk of criminal prosecution. Unfortunately, the article of the Criminal Code on separatism is formulated rather vaguely, which leaves wide scope for abuse in practice.
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Source: Media Rights Center
Another comment on Art. 280 of the Criminal Code of the Russian Federation
1. The concept of extremist activity (extremism) is provided for in Art. 1 of the Federal Law of July 25, 2002 N 114-FZ “On countering extremist activities”, and, being collective, it includes a wide range of socially dangerous acts, starting with a violent change in the foundations of the constitutional system and ending with the demonstration of fascist symbols.
2. Other signs of public calls for extremist activities coincide with those in the crime provided for in Art. 205.2 of the Criminal Code of the Russian Federation (see commentary to it), in relation to which the commented article is a general rule; when qualifying a crime, one should also take into account Resolution of the Plenum of the Supreme Court of the Russian Federation of June 28, 2011 N 11 “On judicial practice in criminal cases involving crimes of an extremist nature.”
Memo “On responsibility for actions of an extremist and terrorist nature”
In recent years, there has been a steady increase in extremist crimes in the Russian Federation. Despite the efforts made by law enforcement agencies, extremism continues to pose a serious threat to stability and public safety in our country.
Extremism is a commitment to extreme views, positions and measures in public activities, expressed in various forms, ranging from manifestations that do not go beyond the constitutional framework, and ending with such acute and socially dangerous forms as provoking riots, civil disobedience, rebellion, insurgent activity , terrorist acts. Extremism is a broader concept because terrorist acts and terrorism are only one form of extremism.
Criminal, administrative and civil liability is provided for carrying out extremist activities.
Crimes of an extremist nature are:
1) Article 280 of the Criminal Code of the Russian Federation - public calls for extremist activities;
2) Article 282 of the Criminal Code of the Russian Federation - incitement to hatred or enmity, as well as humiliation of human dignity;
3) Article 282.1 of the Criminal Code of the Russian Federation - organization of an extremist community;
4) Article 282.2 of the Criminal Code of the Russian Federation - organizing the activities of an extremist organization.
The Code of Administrative Offenses of the Russian Federation contains three articles that provide for liability for committing an offense of an extremist nature. These are Article 20.3 - propaganda and public display of Nazi paraphernalia or symbols, Article 20.29 - production and distribution of extremist materials and 20.3.1 - incitement of hatred or enmity, as well as humiliation of human dignity, if these actions do not contain a criminal offense.
At the same time, the Code of Administrative Offenses of the Russian Federation provides for liability for other illegal actions, which may also be of an extremist nature or stem from extremist motives. These include: violation of legislation on freedom of conscience, freedom of religion and religious associations (Article 5.26); illegal actions in relation to state symbols of the Russian Federation (Article 17.10); petty hooliganism (Article 20.1); violation of the established procedure for organizing or holding a meeting, meeting, demonstration, procession or picketing (Article 20.2); organizing the activities of a public or religious association in respect of which a decision has been made to suspend its activities (Article 20.2(1)).
Criminal liability for committing crimes of an extremist and terrorist nature (Article of the Criminal Code of the Russian Federation - Maximum term (amount) of punishment):
Art. 205 Terrorist attack
— Life imprisonment
Art. 205.1 Promotion of terrorist activities
— Life imprisonment
Art. 205.2 Public calls for terrorist activities or public justification of terrorism
- imprisonment for up to five years
Art. 205.3 Undertaking training for the purpose of carrying out terrorist activities
- is punishable by imprisonment for a term of fifteen to twenty years with restriction of freedom for a term of one to two years or life imprisonment.
Art. 205.4 Organization of a terrorist community and participation in it
- imprisonment for a term of fifteen to twenty years with a fine in the amount of up to one million rubles or in the amount of wages or other income of the convicted person for a period of up to five years, or without it and with restriction of freedom for a term of one to two years or life imprisonment freedom.
Art. 205.5 Organizing the activities of a terrorist organization and participating in the activities of such an organization
- imprisonment for a term of fifteen to twenty years with a fine in the amount of up to one million rubles or in the amount of wages or other income of the convicted person for a period of up to five years, or without it and with restriction of freedom for a term of one to two years or life imprisonment freedom.
Art. 206 Hostage taking
— Life imprisonment
Art. 207 Knowingly false report of an act of terrorism
— Imprisonment for up to ten years.
Art. 280 Public calls for extremist activities
— Imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years
Art. 280.1 Public calls for actions aimed at violating the territorial integrity of the Russian Federation
- imprisonment for a term of five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years
Art. 282. Inciting hatred or enmity, as well as humiliation of human dignity
— Imprisonment for up to six years.
Art. 282.1. Organization of an extremist community
— Imprisonment for a term of up to twelve years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years and with restriction of freedom for a term of one to two years.
Art. 282.2. Organization of the activities of an extremist organization
— Imprisonment for a term of up to twelve years with restriction of freedom for a term of up to ten years or without it and with restriction of freedom for a term of one to two years.
