Article 282. Inciting hatred or enmity, as well as humiliation of human dignity

ST 282 of the Criminal Code of the Russian Federation.

1. Actions aimed at inciting hatred or enmity, as well as humiliating the dignity of a person or group of persons on the basis of gender, race, nationality, language, origin, attitude to religion, as well as belonging to any social group, committed publicly, in including using the media or information and telecommunication networks, including the Internet, by a person after he has been brought to administrative responsibility for a similar act within one year -

shall be punishable by a fine in the amount of three hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two to three years, or by forced labor for a period of one to four years with deprivation of the right to hold certain positions or engage in certain activities for for a term of up to three years, or imprisonment for a term of two to five years.

2. Actions aimed at inciting hatred or enmity, as well as humiliating the dignity of a person or group of persons on the basis of gender, race, nationality, language, origin, attitude to religion, as well as belonging to any social group, committed publicly, in including using the media or information and telecommunication networks, including the Internet:

a) with the use of violence or the threat of its use;

b) by a person using his official position;

c) an organized group, -

shall be punishable by a fine in the amount of three hundred thousand to six hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two to three years, or by forced labor for a period of two to five years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or imprisonment for a term of three to six years.

[edit] History and essence

The Law “On Combating Extremism” was developed by the Russian government under Yeltsin, and it was adopted by the administration of President Putin. In June 2002, it was adopted by the State Duma, approved by the Federation Council, signed by the President of the Russian Federation and published in Rossiyskaya Gazeta (30.7.2002).

According to Part 1 of Article 282 “Inciting hatred or enmity, as well as humiliation of human dignity” of the Criminal Code of the Russian Federation as amended by Federal Law No. 162-FZ of December 8, 2003:

Actions aimed at inciting hatred or enmity, as well as humiliating the dignity of a person or a group of persons on the basis of gender, race, nationality, language, origin, attitude to religion, as well as belonging to any social group, committed publicly or with using the media is 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 deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or compulsory labor for a term of up to one hundred and eighty hours, or correctional labor for a term of up to one year, or imprisonment for a term of up to two years.

The article covers statements made on the Internet, since in this case they are considered to be made publicly.

CONSIDERATION OF INTERNATIONAL STANDARDS

The Plenum of the RF Armed Forces prepared new clarifications taking into account the provisions enshrined in Part 3 of Art. 55 of the Constitution of the Russian Federation, Part 3, Art. 19 of the International Covenant on Civil and Political Rights, Part 2, Art. 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as in other international legal instruments. These norms guarantee freedom of thought and speech, as well as the right to freely seek, receive, transmit, produce and disseminate information in any legal way and can be limited only in exceptional cases expressly enshrined in federal law to the extent necessary in a democratic society .

Such restrictions are justified if they are made in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and state security, public order, and territorial integrity. This is what is discussed in the new paragraph, which added paragraph 1 of Resolution No. 11.

The content of the above and other new clarifications of the Plenum of the Armed Forces of the Russian Federation, given in Resolution No. 32 of September 20, 2018, is also based on the provisions of the Recommendation of the Committee of Ministers of the Council of Europe NR (97) 20 “On issues of incitement to hatred” dated October 30, 1997, Resolution of the Council of Rights UN 16/18 of 24.03.2011, the Rabat Plan of Action for the Prohibition of Advocacy of National, Racial or Religious Hatred Constituting Incitement to Discrimination, Hostility or Violence of 05.10.2012 (hereinafter referred to as the Rabat Plan of Action) and the Camden Principles on Freedom of Expression opinion and equality (Art. 19, April 2009).

The changes and additions made to Resolution No. 11 also take into account the legal positions of the European Court of Human Rights contained in the decisions of 05/09/2018 in the case “Stomakhin v. Russia” (complaint No. 52273/07), of 10/03/2017 in the case “Dmitrievsky v. Russia" (complaint No. 42168/06) and from 08.28.2018 in the case "Savva Terentyev v. Russia" (complaint No. 10692/09).

[edit] Criticism

In Russia, extremism is understood not only as violent actions, but also as the expression of thoughts and ideas. In this sense, Article 282, according to its critics, contradicts the human rights to freedom of expression and political freedoms.

Critics of Article 282 believe that Articles 282 and 280[2] are aimed not so much at combating xenophobia as at protecting the authorities from the opposition, that is, against critics of the authorities.

There is an opinion among lawyers that “282 is certainly legally untenable, since it provides enormous opportunities for its broad interpretation or, more simply, for arbitrariness”[3]. Thus, Article 282 can become a tool of censorship, including on the Internet.

The Yabloko party criticizes the article for its incorrect wording, which allows for imprisonment for criticizing social groups, but, nevertheless, argues that “the article is necessary to combat racism and nationalism”[4].

[edit] For whom he cries

• Deacon Andrey Kuraev - nuff said.
• Petrov and his team are the authors of KOB and other non-kosher things. (spoiler:
  You can’t wait, the court has already acquitted them.
  )
• Nosik - in response to his article “Erase Syria from the face of the earth,” the Russian prosecutor’s office was seriously fired up with the idea of ​​​​revenging the insult to the feelings of the fraternal Syrian people and approximately punishing the fat Jewish troll, who imagines himself smarter and more cunning than everyone else. In the end, Nose got off with a slight fright and a fine of 300k wooden ones. But he did not despair, but planned his terrible revenge in the form of a complaint to the ECHR and a petition on the ROI website to repeal Article 282 itself. But Nosik himself did not live to see the end of this story - on July 9, 2022, he went to heaven.
• Lena Hadiz.
• Novodvorskaya - she is now being tried in another place.
• Enteo.
• Kinchev (from his texts: “They make us understand that we are dust and tops, And for those who have not caught up, those - 282”).
• Milonov.
• Sterligov.
• And finally, it’s you, Anonymous, when you read this article on Our Utynenky(tm). You can see a thick hint of these subtle circumstances here.
• And even Dmitry Medvedev can be considered an extremist.

[edit] “Russian” article and attempts to cancel it

V.V. Zhirinovsky proposed repealing Article 282, pointing out that almost any sharp or critical statement can be subsumed under this article and that it is mainly Russians who are imprisoned under it.[5]

On March 19, 2010, the LDPR initiated the adoption of a bill providing for the abolition of Art. 282 of the Criminal Code of the Russian Federation, but the State Duma rejected it by a majority vote. Again, the LDPR came forward with amendments to the Criminal Code repealing this article on June 15, 2016.[6]

Zhirinovsky characterized Article 282 as follows:

This article is completely unnecessary in the Criminal Code, which is why we demand its removal. There is Article 135, which says exactly the same thing, but it is more specific, and Article 282 is abstract. And in this sense it is dangerous. In the Soviet Criminal Code there were the concepts of “kulaks” and “anti-Soviet”, and anyone could be classified as a “kulak” or under anti-Soviet propaganda, and thousands of people were convicted. The same is Article 282, it is popularly called “Russian”, because it speaks of actions aimed at inciting hatred or enmity, humiliating the dignity of a person or group of persons on the basis of gender, race, nationality, language, origin, attitude towards religion, belonging to any social group, that is, everything that you say in everyday life, in any speech, can be brought under this article. So I say: what are you poor people, don’t you like the increase in prices for housing and communal services? That's it - tomorrow, March 20, those who come out to protest can already be announced... everyone can be imprisoned under this article. You don't understand well that this article is political. If the situation in the country worsens, everyone will be judged by it, because it is abstract. Any of your statements that are directed against... I’ll say, for example: here is the province, they went to Moscow in large numbers - that’s it, to prison, punishment from 100 thousand rubles to five years in prison - an absolutely abstract article! Here's a joke you told about the Chukchi, about the Armenians, about the Gypsies, about the Russians, about the Jews - everything, go to prison: you humiliated someone's dignity. Here they are building a mosque, and you, so to speak, somehow made a careless statement regarding some religious group - that’s it, go to prison. That is, this is what you cannot understand - that this article is directed against everyone, like Article 58.

Despite the fact that this article is often considered “Russian,” Muslims have also been convicted under it (mainly people who support the ideas of radical Islamism, as well as supporters of Islamist groups such as Al-Qaeda, ISIS, Nusra, etc. ).[7]

On October 3, 2022, Vladimir Putin introduced a bill to the State Duma providing for the partial decriminalization of Article 282: criminal liability under the first part of the article occurs only if the person has already been brought to administrative responsibility for similar acts within a year[8][9]. Along with it, a bill was introduced in the package providing for this administrative responsibility[10].

[edit] Incidents

In December 2013, they tried to test the trash film “The Green Elephant” for extremism at the request of Russian officers, since in their opinion it contained signs of a crime “degradation of people based on their membership in the social group “officers””, expressed in an obscene quote about officers from the film.[11]

[edit] Cases against bloggers

Main article: Harassment of bloggers

For politically active Internet users, it is important to know Article 282 and Article 280 so as not to inadvertently violate them, since there are many precedents when bloggers were tried under this article[12][13].

Cases were brought against well-known Internet figures Konstantin Krylov and Heydar Dzhemal under Article 282 or 280. Boris Stomakhin served 5 years under articles 280 and 282, including for publications on the Internet (including on the well-known Caucasus Center, in which he called for the destruction of Russia as a state).

Similar accusations were brought against Murz and other well-known and little-known bloggers.

In 2014, a case was initiated against Pavel Shekhtman under Article 282; Shekhtman subsequently emigrated to Ukraine.

In April 2016, it became known that the Investigative Committee would bring charges of extremism against Anton Nosik (Part 1 of Article 282) for a 2015 post in which he warmly approved of airstrikes on Syria and wrote that for him, as for any Israeli, Syria will always remain real military adversary. The examination found that Nosik’s text contained “linguistic signs of inciting hatred and hostility towards the group of people “Syrians”, distinguished on the basis of nationality and territoriality.”[14]

Activist of the Samara regional LGBT movement "Avers" Konstantin Golava was charged with Part 1 of Article 282 for publishing on his VKontakte page a demotivator and poems about a quilted jacket, which were regarded as inciting hatred towards the social group "Russian citizens of Russia".[15]

In 2016, 20-year-old Evgeniy Kort was found guilty under Article 282 (Part 1) for publishing (reposting) a caricature of Tesak and Pushkin on VKontakte and was sentenced by the district court to a year in prison in a penal colony. In the picture, “a man who looks like Tesak” calls “a man who looks like Pushkin” a chock. According to experts and the court, this picture incites hatred towards non-Russians, critics point out that Pushkin is Russian, and the picture ridicules nationalism in general and Tesak in particular.[16][17]

On February 13, 2022, a message appeared on the website of the Prosecutor’s Office of the Chechen Republic about the initiation of a criminal case against video blogger Ilya Maddison under Part 1 of Article 282 of the Criminal Code of the Russian Federation because of his video material “a joke about the Koran.” This information was later removed from the site[18], and the video itself was included in the Federal List of Extremist Materials under No. 4086.

In March 2022, Ukrainian prankster Evgeniy Volnov began to “catch hype” using the tragedy in Kemerovo: in particular, he spread allegations that 300 people died during a fire in a shopping center and called morgues so that they were preparing to accept 300 bodies of the dead. As a result, the Investigative Committee of the Russian Federation opened a criminal case under Article 282, and Evgeny Volnov himself (more precisely, Nikita Kuvikov) was put on the international wanted list.[19]

[edit] Those who went

• Aratov is a respectable publisher, a true pagan and anti-It.
• Yuri Mukhin is a writer, the author of more than thousands of books about the corrupting influence of the Jewish lobby on the structure of power in this country.
• Konstantin Dushenov is a bruised, unconquered fighter for the Orthodox Faith, Morality and Spirituality™.
• Vladimir Kvachkov, a victim of Chubais’s cunning plan, allegedly wanted to cut out Ryzhiy. On December 23, 2010 they tied him up again. He is making cunning plans to seize power in Raska by cutting out the local branch of ZOG. Monarcho-Stalinist. Officially imprisoned on charges of organizing an armed rebellion in Russia (with crossbows, yeah) and terrorism.
• Ivan Mironov is an accomplice of the above-mentioned. Acquitted by the court. Based on the results of the walk, I wrote a memoir.
• Savva Terentyev is a fighter against “werewolves in uniform” and simply a genius from Syktyvkar.
• Boris Stomakhin is a terry YERZH. He dreams of covering all of Russia with blood. I would start with myself.
• Yuri Petukhov is the only one from the party who delivered (if only because it was on his work that Yarovrat based his crazy ideas). Nowadays RIP.
• Nibaal - due to the lack of trains on the 205th, she followed the locomotive on the 282nd.
• Tesak - sent to 3.5 years of general regime by Navalny for inciting hatred against the social group “liberals” at the debate in “Bilingva” on February 28, 2007. In mid-2014, he was imprisoned again for 5 years, however, later the term was reduced to 2.8 - for “extremist” video reviews of the films “Okolofootball” and “Stalingrad”.
• Konstantin Krylov, who called people from the Caucasus “monkeys” and called for “an end to the strange economic model.”
• Varrax is the former grandfather of Russian Sotonism, who retrained himself as a very virulent National Socialist and Sovkophile at the same time. I went to correctional labor for one of the “inciting” articles from my website. After this, the site was thoroughly cleaned of anything that could lead to a relapse.
• Spider, for example.
• Alexander Dodonov is a Chita resident who participated in the “Occupy Pedophile” flash mobs of the notorious Tesak. However, this is not where he got burned. In 2015, I decided to fly to Ukraine in order to fight in the scarecrow of all Russian media - “DUK Right Sector”, for which I signed up with them. However, it didn’t work out, and the cops came to visit. The result is 1.5 years in a penal colony. ICHSH, from a logical point of view, he didn’t go anywhere and didn’t take up arms. However, they imprisoned me.

[edit] Interesting facts

In January 2022, Russian opposition leader Alexei Navalny noted that the combined wealth of the Russian 77-dollar billionaires on the Forbes list was $282 billion (“just like the number of an article on extremism”). Coincidence?.[20]

According to data from the Judicial Department at the Supreme Court of the Russian Federation for 2017, in Russia the number of people convicted under “extremist” articles, concentrated in Ch. 29 of the Criminal Code of the Russian Federation. 604 people were convicted under these articles in 2022, four times more than in 2011. The largest number - 460 people - were convicted under Art. 282. Moreover, according to research by the public organization “Center for Economic and Political Reforms” (CEPR), more than half of those convicted under “extremist” articles are young people under 25 years of age.[21]

Statistics of those convicted under extremist charges

[edit] In practice

Another case.
Only clinical idiots can be legally prosecuted under this article, since with a normal lawyer, any prosecutorial charge falls apart before our eyes - about any of your speeches, except for the most extreme cases, anon, we can say that they were allegorical or allegorical in nature, and if You’re not an idiot, and you didn’t write a note of appreciation with substantive wording; you can’t prove anything.

And even if you cleaned up the janitor’s face, then if you didn’t sincerely admit that you beat him specifically for his foreign face, you will only be charged with beatings, or something else, but not in any way with a “national context.”

In general, the problem is not in the law itself, but in how it is applied, because it should work in both directions.

At the same time, the one against whom the relevant authorities are incensed - even for an incendiary comment on Tyrnet - will face very interesting problems in unexpected places: all bank accounts and deposits will SUDDENLY be blocked, and the cashiers at Sberbank will shy away in horror just after seeing the poor fellow’s passport. For it is enough to become a suspect in a case under Art. 282, how will you instantly find yourself on the same list with the most frostbitten terrorists from all over the world (lurk 115-FZ of 08/07/2001).

[edit] Quotes

Criticism:

Both in terms of terms and in the nature of application, Article 282 is no different from “anti-Soviet agitation and propaganda”, according to which dissidents were imprisoned in the USSR. The only difference is in the broadness of the interpretation - 282 can be interpreted much more widely. But this does not change the fact: people imprisoned for “political extremism” are dissidents. The same dissidents who were imprisoned in Mordovian camps during the dark years of stagnation.

Misha Verbitsky[22]

As for a certain moral example that I would like to achieve from the State Duma, this is definitely the repeal of Article 282 about far-fetched extremism, which will allow us to return freedom of political discussions. Returning to Russian citizens the right to express their opinions means giving the country the opportunity for evolution, not revolution.

Maria Baronova[23]

The attitude towards this article is such that without this article there will be no criminal code. That is, this is a natural punishment, because it covers things that directly contradict the constitution. Inciting national, social, and cultural hatred is a crime and should be such under any legal system.

Lev Shlosberg[24]

Anyone who, while discussing some pressing issues online, inadvertently curses at some group of people - be it “Khokhols”, “Pindos”, officials or even gay activists - can fall under Article 282. The situation with Article 282 is very simple: it is supported by those politicians who, having come to power, dream of dealing with “undesirables” and “dissenters” in the same way - and want to have a tool for this.

Natalya Kholmogorova[25]

I am going to the polls, including to immediately repeal the repressive and stupid Article 282. All political prisoners - from nationalists to liberals, from right to left - will be released from prison on the very first day.

Alexey Navalny[26]

[edit] The point is this

[edit] Humor

New articles of the Criminal Code of the Russian Federation: “Desecration of the air by public calls”, “Calls to incite gender hatred”, “Theft on a knowingly small (mocking) scale”, “Knowingly false proposal of marriage”, “Misuse of a bribe”, “Knowingly false distortion of a true fiction”, “Public justification of flatulence”, “Weakening the feelings of believers”, “Insulting the feelings of the ladies present here”, “Illegal participation in legislative activities”.

[edit] Notes

1. Article 282. Inciting hatred or enmity, as well as humiliation of human dignity
2. Article 280. Public calls for extremist activities
3. Lawyers and human rights activists about Article 282
4. https://thequestion.ru/questions/159341/vy-i-yabloko-za-ili-protiv-otmeny-st-282-uk-rf
5. https://www.youtube.com/watch?v=b4MJ7CZg2Gs
6. https://news.mail.ru/politics/26118884/
7. https://web.archive.org/web/20160305141024/https://kavkazpress.ru/archives/68357
8. Bill No. 558345-7 :: System for supporting legislative activities
9. “Humanization of criminal legislation”: Putin proposed to partially decriminalize Article 282 of the Criminal Code of the Russian Federation - RT in Russian. (2018-10-03). Retrieved October 18, 2022.
10. Bill No. 558351-7 :: System for supporting legislative activities
11. Russian officers are up in arms against the trash film “The Green Elephant”. Reedus (2012-03-30). Retrieved October 18, 2022.
12. Cases continue to be brought against bloggers under Article 282. Reedus. Retrieved October 18, 2022.
13. Time limit for blogging: how bloggers in Russia receive criminal records
14. https://news.mail.ru/society/25532269/
15. https://mirror660.graniru.info/people/2504/
16. https://archive.li/QBAy1
17. A Muscovite was sent to a penal colony for a picture with Tesak and Pushkin. Medusa (2016-11-03). Retrieved October 18, 2022.
18. The Chechen prosecutor's office announced a criminal case against blogger Ilya Maddison. And then she deleted the message. Medusa (2017-02-13). Retrieved October 18, 2022.
19. https://news.mail.ru/incident/32990624/
20. https://navalny.com/p/5187/
21. Anastasia Kurilova
    Judicial statistics have entered into extremist growth. Kommersant (2018-04-19). Retrieved October 17, 2022.
22. https://www.apn.ru/column/article18757.htm
23. https://echo.msk.ru/programs/bezkupur/1829816-echo/
24. https://yablor.ru/blogs/shlosberg/5739713
25. https://rusnext.ru/recent_opinions/1472833543
26. https://navalny.com/p/5186/

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