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.
Commentary to Art. 282 of the Criminal Code
1. The objective side of the crime is expressed in the form of actions aimed at: a) inciting hatred or enmity; b) humiliation of the dignity of a person (group of persons) on the basis of gender, race, nationality, language, origin, attitude to religion, as well as membership in any social group. Alternatively, the method of performing actions (using the media) or the setting for their performance (public) are indicated. These actions consist of public dissemination of information, speeches at meetings, rallies, distribution of leaflets, posters, placement of relevant information in magazines, brochures, books, in public information and telecommunication networks, including the Internet. The information indicates the inferiority or, conversely, the superiority of persons belonging to a certain race, nationality, etc.; the necessity is justified or justified for genocide, mass repressions, deportations, the use of violence, the commission of other illegal actions against representatives of any nation, race, confession, etc.
Ordinary criticism of political organizations, ideological and religious associations, political, ideological or religious beliefs, national or religious customs does not fall within the scope of Art. 282 of the Criminal Code of the Russian Federation. On the objective signs of a crime, also see paragraph 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 28, 2011 No. 11 “On judicial practice in criminal cases involving crimes of an extremist nature.”
The specified actions with the use of violence or the threat of its use; by a person using his official position; by an organized group (Part 2) form a qualified crime.
2. The subjective side is characterized by direct intent with the aim of inciting hatred or enmity or humiliating the dignity of a person (group of persons) on the specified grounds. Statements or judgments using facts of interethnic, interfaith or other social relations in scientific or political discussions and texts that do not pursue these goals do not fall under Article 282 of the Criminal Code of the Russian Federation.
3. In the absence of intent, actions for the mass distribution of extremist materials are qualified under Art. 20.29 Code of Administrative Offenses of Russia.
What will happen while the new law is being considered in the State Duma?
Most likely, there will be no new criminal cases during this period! Chikov notes that now new cases of extremism on the Internet are in limbo due to legal uncertainty. On the one hand, Putin’s bills will definitely be adopted - that is, even if a new case under Part 1 of Article 282 of the Criminal Code is opened, then it will still have to be closed. On the other hand, administrative cases cannot be opened yet - Article 20.3.1 of the Code of Administrative Offenses will come into force only together with the new law.
This does not mean that you can now post any content on the Internet with impunity. As already mentioned, there will be no statute of limitations for administrative cases.
Lyubov Kalugina, accused under Part 1 of Article 282 of the Criminal Code:
“This law is unlikely to help me specifically. Firstly, my case will go to trial by the end of the month if my lawyer and I fail to get it dismissed. Our legal proceedings, of course, are long, but in retaliation for the noise in the media for me, they can speed it up in order to drag me under a criminal article before the law comes into force. Secondly, Article 282 will still work as a repressive measure to silence people and violate their constitutional rights to freedom of opinion and freedom of speech.”
Second commentary to Art. 282 of the Criminal Code of the Russian Federation
1. Object - social relations and interests related to the implementation of the constitutional ban on inciting social, racial, national or religious hatred (Article 13 of the Constitution of the Russian Federation).
2. The objective side of the crime provided for in Part 1 of Art. 282 of the Criminal Code of the Russian Federation, is characterized by 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 membership in any social group. Moreover, criminal liability arises only if these actions are committed in a certain way - publicly, including using the media or information and telecommunication networks, including the Internet, after bringing the subject to administrative responsibility for a similar act in within one year.
The incitement of this hatred or enmity is understood as an attempt to create conflicts between citizens of different nationalities, races, confessions (their religious affiliations), social groups, committed publicly or using the media or information and telecommunication networks, including the Internet.
Humiliation of human dignity is an expression of discriminatory attitude towards certain individuals depending on the above characteristics (gender, race, nationality, etc.).
The crime is completed from the moment the acts specified in Part 1 of Art. 282 of the Criminal Code.
3. The subjective side of the crime is characterized by direct intent. The person is aware that he is performing the actions specified in the disposition of the commented article, and desires this. A sign of the subjective side is also the purpose specified in Part 1 of the commented article.
4. A special subject of a crime is a person who has reached the age of 16 and who has been brought to administrative responsibility for a similar act within a year.
5. Part 2 of this article establishes the elements of inciting national, racial or religious hatred under aggravating circumstances. These are 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.
How to prosecute for personal insult?
Let us examine in detail the procedure for bringing to justice for insults on the Internet, at work, etc. in 2022. At the moment of insult, a person should remain calm. Under no circumstances should you insult the offender in response, since then bringing him to justice will be more difficult or even impossible. You should contact government agencies immediately, this will make it much easier to prove the fact of humiliation and insult. In order for authorized persons to accept the case for consideration, the victim must submit a written application, drawn up in accordance with the requirements of the law.
The application is written in an official business style; it should not have any blots or corrections. The application must indicate: the name of the body to which it is submitted; information about the victim and the offender; description of the moment the offense was committed; description of the consequences resulting from the violation of rights guaranteed by law; list of requirements. Also, the application must indicate the date of its submission and the signature of the victim. A sample application can be obtained from the office of a government agency. All available evidence should be attached to the application (copies should be attached, only if necessary, provide the originals), since without them it will be very difficult to prove the guilt of the offender. Anything can be used as evidence: screenshots of insults on social networks, video or audio recordings of verbal insults, photographs, witness statements, expert opinions, etc. The main thing is that the evidence meets these 3 requirements :
- Relevance. The evidence must be relevant to the particular case.
- Acceptability. All evidence must be obtained only in a legal manner, otherwise it is not taken into account when considering the case.
- Credibility. Evidence must not be fake. There is criminal liability for providing counterfeits and misleading authorized persons.
In addition to evidence, you must attach a copy of your identification documents (passport) to your application. Since without them a written request will not be accepted. The application is submitted to the office of the government agency; if there are errors in the design or other shortcomings, it will be returned for revision. If no errors were identified, then the application is accepted and a stamp of the institution is placed on one of its copies, or a coupon is issued indicating the date of acceptance. The applicant must have either one copy of the application or a coupon. Since if no measures are taken by government officials, the applicant will be able to file a complaint with a higher authority about the inaction. Since they are obliged to consider the case and take action within the period prescribed by law. The government agency employee must notify the applicant about the results of the investigation and the measures taken.
Unfortunately, almost every person has encountered such a phenomenon as insult. Many are even accustomed to being insulted and humiliated and simply do not react to it. However, as long as people allow their rights to be violated, this will continue. It is possible to reduce the level of such offenses only if every person shows an active civic position and does not ignore insults, humiliation and other violations of his rights.
Video on the topic:
Third commentary to Article 282 of the Criminal Code of the Russian Federation
1. The Constitution of the Russian Federation (Article 19) guarantees equality of rights and freedoms of man and citizen, regardless of race, nationality, or attitude to religion. “Propaganda or agitation that incite social, racial, national or religious hatred and enmity is not permitted. Propaganda of social, racial, national, religious or linguistic superiority is prohibited” (Part 2 of Article 29 of the Constitution). The object of this crime is the constitutional rights of citizens, their honor and dignity. Here, in essence, we are talking about the political rights and ideological freedom of citizens. ——————————— Ideology is understood as a system of views and ideas that express the main, fundamental interests of certain social groups (See: Kokorin A.A. Op. op. p. 24).
2. The objective side of the crime is expressed in actions to incite hatred or enmity, as well as humiliation of the dignity of a person or group of persons on the grounds indicated above. Most often, they are associated with the dissemination of ideas and views that undermine trust and respect on the basis of gender, race, nationality, language, origin, attitude to religion or membership in any social group, or cause hostility or hatred on the same grounds. The dissemination of these ideas and views can be in the form of agitation and propaganda, expressed in oral, written or visually demonstrative forms. At the same time, ideas and views are of a general nature and are not addressed to a specific individual. For qualification, it does not matter whether the features and traits attributed to a particular nation or race correspond to reality or not. The main purpose of the act is to sow mutual distrust between people of different nationalities, races, and religious denominations, to develop, on the basis of tendentious, offensive or slanderous judgments, mutual alienation and suspicion, turning into persistent hostility. Actions aimed at humiliating the dignity of a person or a group of people have a local goal - to humiliate, insult, show the inferiority, inferiority, ugliness, limitations of people of a particular nationality or an individual citizen. Such actions can occur independently or act as an integral element of previous acts of incitement to hatred. The crime is completed from the moment the specified acts are committed (formal composition). Due to the characteristics of the object of this crime, it does not absorb the elements of slander (Article 129 of the Criminal Code), therefore, if there are signs of these crimes, qualification in combination with Art. 282 of the Criminal Code. The concepts of publicity and the use of the media in the commission of a crime are similar to those given in the analysis of Art. 280 CC.
3. The qualified types of the crime in question (Part 2) are its commission: a) with the use of violence or with the threat of its use; b) by a person using his official position; c) an organized group. The use of violence or the threat of its use covers all types of harm to health, with the exception of cases of intentional infliction of grievous harm to health (Article 111 of the Criminal Code), which are classified in conjunction with the crime in question. A threat has a qualifying meaning if it is expressed as real and there were grounds to fear its implementation (see commentary to Article 119). The use of official position in the commission of this crime means that there is a causal connection between the fact of available opportunities due to official position (power functions, availability of technical means, etc.) and the fact of inciting national, racial or religious hatred. On the concept of an organized group, see the commentary in Art. 35 of the Criminal Code.
4. The subjective side is characterized by guilt in the form of direct intent. Motives, depending on the direction of actions (objective side), can be different, but most often they have a religious-nationalist overtones. The goals follow from the direction of the actions in question - to incite hatred or enmity, as well as to humiliate the dignity and honor of a person or group of persons on the grounds indicated above.
5. The subject can be any sane person who has reached the age of 16 years;
according to clause “b”, part 2 - holding an official position. ‹ Article 281. SabotageUp Article 282.1. Organization of extremist community ›
What about searching and seizing your computer?
There is no search under the Code of Administrative Offences, only seizure of things is possible at the place where the violation was committed. Agora lawyer Alexey Glukhov says that in this case the police must obtain the person’s permission to inspect the home. Glukhov cited as an example the administrative case against the Chuvash activist Vyacheslav Rybakov, who was suspected of demonstrating Nazi symbols (Part 1 of Article 20.3 of the Administrative Code). After the court refused to consider the case, the police decided to prove that Rybakov posted a post with a swastika on Facebook by inspecting his apartment and taking away his computer. Rybakov forbade doing this, after which the police simply left.
