Legal educational program: responsibility for propaganda of Nazi symbols and extremism

The most important direction of the state policy of the Russian Federation to perpetuate the Victory of the Soviet people in the Great Patriotic War is a decisive fight against manifestations of fascism.

In the Russian Federation, the use of Nazi paraphernalia or symbols, or paraphernalia or symbols that are confusingly similar to Nazi paraphernalia or symbols, as insulting the multinational people and the memory of the victims suffered in the Great Patriotic War, is prohibited.

Federal Law “On the Perpetuation of the Victory of the Soviet People in the Great Patriotic War of 1941-1945” dated May 19, 1995 No. 80-FZ in Art. 1 of this Federal Law contains important provisions establishing the prohibition of fascism.

The study and condemnation of the system of Nazi law carried out at the Nuremberg trials were reflected in the definition of fascism given by the Russian Academy of Sciences (1995) (See Constitutional law of foreign countries / Edited by A.V. Malko. M.: Norma, 2004. P. 319).

Fascism (Nazism) is an ideology and practice that asserts the superiority and exclusivity of a particular nation or race and is aimed at inciting national intolerance; justification for discrimination against representatives of other peoples; denial of democracy, establishment of the cult of the leader; the use of terror violence to suppress political opponents and all forms of dissent; justification of war as a means of resolving international problems.

The Federal Law of July 25, 2002 No. 114-FZ “On Combating Extremist Activities” (hereinafter referred to as the Law on Combating Extremism) is devoted, in particular, to the regulatory regulation of the fight against such a phenomenon as extremism.

Article 1 of the Law contains a list of characteristics included in the concept of extremism. In particular, extremism (extremist activity) includes:

— violent change of the foundations of the constitutional system and violation of the integrity of the Russian Federation;

— public justification of terrorism and other terrorist activities;

— inciting social, racial, national or religious hatred;

- propaganda of exclusivity, superiority or inferiority of a person on the basis of his social, racial, national, religious or linguistic affiliation, or attitude to religion;

- use of Nazi paraphernalia or symbols, or paraphernalia or symbols confusingly similar to Nazi paraphernalia or symbols, or paraphernalia or symbols of extremist organizations, with the exception of cases of use of Nazi paraphernalia or symbols, or paraphernalia or symbols similar to Nazi paraphernalia or symbols to the extent of confusion the degree of confusion, or attributes or symbols of extremist organizations, in which a negative attitude towards the ideology of Nazism and extremism is formed and there are no signs of propaganda or justification of Nazi and extremist ideology;

- organization and preparation of these acts, as well as incitement to their implementation;

- financing of these acts or other assistance in their organization, preparation and implementation, including by providing educational, printing and material and technical base, telephone and other types of communication or provision of information services, etc.

The Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation) in note 2 of Art. 282.1 also defines this concept for the purposes of bringing to criminal liability for relevant crimes.

In particular, crimes of an extremist nature in the Russian Federation mean crimes committed on the grounds of political, ideological, racial, national or religious hatred or enmity, or on grounds of hatred or enmity against any social group, provided for by the relevant articles of the Special Part of the Criminal Code of the Russian Federation (for example , Article 280, 280.1, 282, 282.1, 282.2, 282.3 of the Criminal Code of the Russian Federation, paragraph “l” part 2 of article 105, paragraph “e” part 2 of article 111, paragraph “b” part. 1 Article 213 of the Criminal Code of the Russian Federation), as well as other crimes committed for the specified reasons, which in accordance with paragraph “e” of Part 1 of Art. 63 of the Criminal Code of the Russian Federation are recognized as an aggravating circumstance.

You should also pay attention to the act of judicial interpretation of Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2011 N 11 “On judicial practice in criminal cases of crimes of an extremist nature,” where paragraph 2 provides the corresponding definition of crimes of an extremist nature.

Based on Art. 15 of the Law on Combating Extremism, for carrying out extremist activities, citizens of the Russian Federation, foreign citizens and stateless persons bear criminal, administrative and civil liability in the manner established by the legislation of the Russian Federation.

Yes, Art. 20.3 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for propaganda or public display of Nazi paraphernalia or symbols, or paraphernalia or symbols that are confusingly similar to Nazi paraphernalia or symbols, paraphernalia or symbols of Nazi, extremist organizations, as well as other paraphernalia or symbols prohibited by federal laws, and also for the production or sale for the purposes of propaganda or the acquisition for the purposes of sale or propaganda of the specified paraphernalia or symbols.

Article 20.29 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for the mass distribution of extremist materials included in the published federal list of extremist materials, as well as their production or storage for the purpose of mass distribution.

The Criminal Code of the Russian Federation, in particular, specifies the following elements of extremist crimes:

- public calls (i.e. appeals to other persons in any form) to carry out extremist activities (Article 280 of the Criminal Code of the Russian Federation, paragraph 4 of the Resolution of the Plenum of the Armed Forces of the Russian Federation on crimes of an extremist nature);

— public calls for actions aimed at violating the territorial integrity of the Russian Federation (Article 280.1 of the Criminal Code of the Russian Federation);

- actions (for example, statements about the need for illegal 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 or to a social group, committed publicly, including using the media or information and telecommunication networks, including the Internet, committed by a person after he was brought to administrative responsibility for a similar act within one year (Part 1 of Article 282 of the Criminal Code of the Russian Federation, clause 7 of the Resolution of the Plenum of the Armed Forces of the Russian Federation on crimes of an extremist nature);

As stated in paragraph. 2 clause 2.1 of the Resolution of the Plenum of the Armed Forces of the Russian Federation on crimes of an extremist nature, taking into account the content of the disposition of Art. 282 of the Criminal Code of the Russian Federation, data indicating signs of relevant crimes includes not only the fact of posting on the Internet or other information and telecommunications network an image, audio or video file containing signs of inciting hostility and hatred, humiliation of the dignity of a person or group of persons on grounds contained in this article, but also other information indicating the social danger of the act and the motive for its commission.

According to para. 2 clause 8 of the Resolution of the Plenum of the Armed Forces of the Russian Federation on crimes of an extremist nature, posting by a person on the Internet or other information and telecommunications network, in particular, on one’s own page or on the pages of other users of material (for example, video, audio, graphic or text), created by himself or another person, including information previously recognized by the court as extremist material, can be qualified under Art. 282 of the Criminal Code of the Russian Federation only in cases where it is established that the person who posted such material was aware of the intent of the act to violate the foundations of the constitutional order, and also had the goal of inciting hatred or enmity or humiliating the dignity of a person or group of persons on the basis of gender, race, nationality, language , origin, attitude to religion or membership in any social group.

- creation of an extremist community, management of such a community, its part or structural units included in such a community, creation of an association of organizers, leaders or other representatives of parts or structural units of such a community in order to develop plans and (or) conditions for committing extremist crimes, participation in it, inducement, recruitment and other involvement of persons to participate in it (Article 282.1 of the Criminal Code of the Russian Federation);

- organizing the activities of an extremist organization (a public or religious association or other organization in respect of which the court has made a decision to liquidate or prohibit activities that have entered into legal force in connection with the implementation of extremist activities), inducing, recruiting or otherwise involving a person in the activities of an extremist organization, and also participation in its activities (Article 282.2 of the Criminal Code of the Russian Federation);

— financing of extremist activities (Article 282.3 of the Criminal Code of the Russian Federation).

You should also pay attention to the fact that on the basis of paragraph “e” of Part 1 of Art. 63 of the Criminal Code of the Russian Federation, the commission of a crime based on political, ideological, racial, national or religious hatred or enmity, or based on hatred or enmity against any social group is recognized as an aggravating circumstance.

N.V. Kislitsyna, assistant city prosecutor, 1st class lawyer

Source:

https://involokolamsk.ru/novosti/zakon-i-poryadok/vashe-pravo/pravovoy-likbez-otvetstvennost-za-propagandu-nacistskoy-simvoliki-i-ekstremizm

Stirlitz with a deuce on his sleeve. New destructive law?

On July 1, Russian President Vladimir Putin signed a law that prohibits the display of images of Nazi criminals, their accomplices, attributes and symbols for the purpose of promoting extremist activities. Alas, both lawyers and the patriotic public have questions about the text of this law: it can be interpreted in such a way that all history textbooks will have to be republished and all films about the war will have to be remade.

The other day in Kyiv, an SS man who has survived to this day was buried by the presidential regiment. The highest military honors were given to the traitor, because Ukraine now considers his betrayal a feat. Torchlight processions and parades of “veterans” – former SS soldiers – take place along the streets of cities in Ukraine and the Baltic republics. Now they are called heroes there because they fought against the Russians. In the Czech Republic, in Prague, a monument to Konev was demolished - the Czechs do not want to remember who liberated them from fascism, they prefer to think that the Russians occupied and oppressed them after the war. They are “fighting” monuments to Russian soldiers in Poland. As for our Western partners, once allies in World War II, in England, the USA, and now in France you can hardly find a young person who even remembers that it was the Russians who defeated Hitler, and what’s more, that they at least helped defeat him. The rejection of historical memory is part of the “mental war” that the West is waging against Russia and Russians.

And the West, alas, is making progress. Last year, criminals tried to post photos of Nazi criminals on the Immortal Regiment website instead of photos of unforgettable war heroes.

In Russia they understand that allowing “the perpetuation of the Victory of the Soviet people in the Great Patriotic War of 1941–1945” prohibits identifying the roles of the USSR and Germany in World War II. All statements like “The USSR was the aggressor” are now prohibited, and this is absolutely correct. But if according to the first law there are no questions and no one except Russophobes can have any questions, then with the second law, amending both the law “On perpetuating the Victory of the Soviet people...” and the law “On countering extremist activities” (No. 280-FZ), alas, everything is far from so simple.

Will you have to change all the textbooks?

The main novelty is the ban on displaying images of Nazi leaders, displaying symbols and paraphernalia.

In the Russian Federation, the use, including public display, of Nazi paraphernalia or symbols or paraphernalia or symbols that are confusingly similar to Nazi paraphernalia or symbols, as well as extremist materials of images of leaders of groups, organizations or movements recognized as criminal in accordance with the sentence, is prohibited. International Military Tribunal...

The law also introduces exceptions, according to which the display of images of leaders, paraphernalia and symbols is permitted. Requirements of the articles of the law in the new edition:

... do not apply to cases of use of paraphernalia, symbols or images of leaders of groups, organizations or movements named in these parts, in which a negative attitude towards the ideology of Nazism is formed or there are no signs of propaganda or justification of Nazism.

Unfortunately, this norm is not entirely clear. Let's ask in simple words: can enemy soldiers and officers in recognizable Nazi uniforms now appear in a war film? Is it a curiosity to consider the painted-over swastika on the sleeve of Otto von Stierlitz’s uniform in the famous film - or is it a literal and exact execution of the law? What to do with portraits of enemy leaders in history textbooks? Or this: should a lecture on the crimes of Nazism be considered an exception to the prohibitive norm?

It would seem that the answers to these questions are intuitive. But the law does not provide examples of what can be considered a justifiable demonstration and what is not. Although everyone understands that there is a difference between a lecture about the crimes of Nazism and a meeting of neo-Nazis reciting quotes from the leaders of Nazism.

The new law also amends Article 1 of the Federal Law “On Combating Extremist Activities.” It contains a list of what is considered extremist materials.

Extremist materials - documents or information on other media intended for distribution or public display, calling for the implementation of extremist activities or substantiating or justifying the need for such activities, including the works of the leaders of the National Socialist Party of Germany, the Fascist Party of Italy, speeches, images of group leaders , organizations or movements declared criminal in accordance with the verdict of the International Military Tribunal...

It is clear that this norm outlaws, for example, leaflets by modern extremists with quotes from Nazi leaders. And this is absolutely correct. It is illegal to distribute on the Internet in extremist groups excerpts from the works of the Nazis and any form of justification for the crimes they committed.

But there are also questions about this norm. Wouldn't a school or university textbook that contains quotes from their own speeches denouncing the Nazis fall under its scope? After all, these quotes formed the basis of many sentences passed by the Nuremberg Tribunal. Completely removing such quotes from textbooks is extremely dangerous. Knowledge of history is precisely knowledge of facts, and not just declarations like “Nazism is bad.”

Meanwhile, it is possible that the creators of a particular textbook will have to prove in court that the quotes were included for educational purposes in order to prove crimes, and not to promote them.

Lawyer's opinion: the law is a double-edged sword

Honored Lawyer of Russia Dmitry Krasnov believes that the new norm is not sufficiently developed and may well entail a rewriting of history.

Not only history textbooks may fall under the new law; we also have films – feature films and documentaries. We also have museums where all this hangs, paintings, photo and video materials. How can you separate one from the other?

– noted the lawyer.

In his opinion, “there is a fine evaluative line” between demonstration as propaganda and demonstration for the purpose of preserving historical truth. Krasnov noted that in fact we will have to “step on the throat of the Constitution and introduce censorship.”

And now, every time any creator or scientist publishes his work or scientific work, he will sit down and think, what will be the consequences for me if this is considered extremist materials,

– the lawyer noticed.

It also remains unclear which experts will conduct the assessment, he added. It may be necessary to create some kind of expert group. The evaluation criteria can then be spelled out in by-laws, but as long as there is no judicial practice, these explanations will not be provided. The lawyer agreed that the law could be used, for example, against scientists whose goal is actually to condemn the ideology of Nazism and preserve historical memory.

It's a double-edged sword that could theoretically be used by those who want to rewrite history.

– he remarked.

There is one more problem. It lies in the fact that scientists, authors of articles, dissertations, professors of history departments, as well as creators of documentaries and feature films may themselves refuse to work on the topic of condemning and identifying the crimes of the Nazis.

I think that based on the conservatism of our scientists and literary figures, I will tell you, as a member of the board of the Moscow Writers' Union and as a candidate of sciences, that most of them will not touch on this topic at all. Soon we may get the following situation: people who could describe this or whose subject of scientific or artistic interest this could be will simply not touch on this topic,

- said the lawyer.

Krasnov noted that soon we may see American, German, Polish, Baltic films that “will show their version of history, but our films like this will no longer exist.”

It's hard to disagree with Dmitry Krasnov. If the law banning the display of Nazi images, Nazi symbols, and so on is the right law, then it needs to be made to work correctly. It should not be, in the words of a lawyer, a “double-edged sword.” In its current form, it can be used not to preserve historical memory, but to help consign our memory to oblivion.

Nazis and Nazism are not “those who must not be named.” On the contrary, in order to prevent a repetition of the past, they must be named. Ill-considered prohibitions are the path not to historical truth, but to historical amnesia.

The State Duma allowed the display of swastikas, but without promoting fascism

State Duma deputies introduced

amendments to Article 6 of the Federal Law “On the perpetuation of the Victory of the Soviet people in the Great Patriotic War of 1941-1945” and 1 Federal Law “On countering extremist activities.” Now Nazi symbols can be present in works of art, literature and science, as well as media reports, provided that a negative attitude is formed towards the ideology and there are no signs of its propaganda or justification.

“Such a demonstration is possible only on the condition that it does not constitute propaganda or does not contain justification for the crimes of Nazi Germany,” the text of the law says.

Initially, the authors of the initiative proposed to allow the demonstration of Nazi and extremist symbols “subject to the condemnation of Nazism,” but then this wording was removed.

"Piece of Absurdity"

The deputies drew attention to discrepancies in the laws “On counteracting extremist activities” and “On perpetuating the Victory of the Soviet people in the Great Patriotic War of 1941-1945.” The wording in both laws looks different. The first indicates a ban on displaying Nazi paraphernalia or symbols, and the second - Nazi symbols in any form. In this case, as one of the authors of the initiative, Elena Yampolskaya, noted, Soviet films about the war should be banned.

“No one at that moment gave themselves the trouble to think: what would a complete ban on the display of Nazi symbols lead to? What will happen next to films about the Great Patriotic War, including those included in the golden fund of our cinema? — noted the chairman of the State Duma Committee on Culture.

“It is very important that the adoption of the initiative occurred now, when the country began to prepare for the 75th anniversary of the Great Victory. By publishing footage from Soviet films, posters, and photographs of the war years, our citizens honor the feat of their ancestors and, of course, form a negative attitude towards the ideology of Nazism.”

According to Yampolskaya, the adopted amendments helped remove “a piece of absurdity from our lives.” At the same time, in the information and analytical department (included in the list of foreign agents of the Ministry of Justice) they noted that it is not clear who and how will establish the presence of a “negative attitude” towards Nazism.

“The question is, who will decide whether a negative attitude is formed or not? There are frequent cases of neutral publications that display Nazi symbols. For example, the case of journalist from Smolensk Polina Danilevich (fined for a photograph of her yard during the war, in which a swastika was visible - Gazeta.Ru). She did not demonstrate her attitude towards Nazism in any way, and the photograph itself was taken from a historical photography website,” noted Maria Kravchenko, head of the “Unlawful Anti-Extremism” section.

— Historical photographs do not contain evaluative characteristics. Based on this, should there be a comment that makes the publisher's attitude clear? If there is no comment, should the person be punished?”

According to the expert, the best option for reforming the legislation would be to introduce the purpose of propaganda as a condition for prohibiting punishment for public display of symbols. “If the demonstration of prohibited symbols is done for the purpose of promoting the ideology of the corresponding organization, then yes, you can be punished for this. Such a formulation would be sufficient,” Kravchenko explained.

Actor Mikhail Krylov, who played the leader of the Third Reich in the film “Hitler Kaput!”, also responded to the State Duma’s amendments.

“I don’t understand, if there is a swastika, then why cover it up? In addition, the question arises, how to determine what exactly is propaganda and what is negative attitude? Where is this parallel? - Krylov told Gazeta.Ru.

Moreover, before the amendments were made, the issue with the swastika was completely resolved with the help of retouching.

Thus, in 2022, deputies noticed that, according to current legislation, it is impossible to show classics of Soviet cinema - for example, the cult film “Seventeen Moments of Spring” or the documentary “Ordinary Fascism” by Mikhail Romm. The latter’s work, in particular, uses Hitler’s personal photo archive. At the same time, in its artistic concept, Romm’s painting is absolutely anti-fascist.

“From a huge amount of material, we selected what seemed to us the most striking, which gives us the opportunity to reflect with you,” said the director.

In 2018, while working on a bill, deputies decided that it was also necessary to regulate the use of swastikas in museums, reconstructions, computer games and educational literature. According to Anatoly Vyborny, a member of the State Duma Committee on Security, modern youth should know the history of the Great Patriotic War and understand the meaning of Nazi symbols, however, under the conditions of legislation, teachers may have problems when presenting the material. That is why the use of the swastika for educational and educational purposes was allowed.

Likes, reposts and toys

The most complete definition of “Nazi symbols” is contained in the now repealed law.

dated January 15, 1997. According to it, the concept includes “banners, badges, uniform attributes, greetings and passwords,” swastikas, welcoming gestures and “any other symbols and attributes reminiscent of Nazi (fascist).”

As for punishment, for public demonstration and propaganda there is a fine of up to 2 thousand rubles (for organizations - up to 50 thousand) or up to 2.5 thousand rubles in the case of product sales. At the same time, administrative arrest is also applied for a period of up to 15 days.

According to

Judicial Department of the Supreme Court of the Russian Federation, the number of Russians brought to justice for the use of Nazi symbols is growing every year. In 2018 there were 1,639 people, in 2015 - 1,183.

At the same time, cases are initiated for completely different and sometimes absurd reasons: for example, for reposting

a photo with a swastika or
likes
to a photo containing symbolism.
The greatest resonance was caused by the situation with journalist Polina Danilevich and the criminal case
under the article “inciting hatred and enmity” due to the sale of soldiers in Nazi uniforms in the Moscow “Central Children's Store” on Lubyanka.

"Propaganda" and "demonstration"

In 2022, Senator Anton Belyakov introduced a bill to the State Duma limiting the effect of Art. 20.3 of the Code of Administrative Offenses in cases of propaganda of prohibited symbols or their demonstration for propaganda purposes. Belyakov drew attention to the fact that the law covers not only real Nazi propaganda, but also, for example, historical and educational materials.

“There are Nazi symbols on both captured weapons, photographs and banners. This is really a purely legal issue. They hastily adopted a legally incorrect text that needs correction,” a member of the FAN

The author of the bill emphasized that, due to the unclear wording of “propaganda” and “demonstration,” clarification is required.

Back in 2015, Roskomnadzor presented the results of a legal and linguistic study of the Moscow State Law Academy named after. O.E. Kutafina. Experts explained that in the law there is a connecting conjunction “and” between the concepts of “propaganda” and “public demonstration”. That is, the concepts are not just listed, they are grammatically connected to each other. The order of their use is such that the term “propaganda” is in a strong, priority position in relation to the term “public demonstration”.

According to experts, linguistically this means that the mere public display of Nazi paraphernalia or symbols without propaganda purposes is not a manifestation of extremism. In addition, experts indicated that the use of Nazi and confusingly similar symbols or paraphernalia for historical, scientific and similar purposes is considered acceptable.

Then the department stated that they intended to use precisely this interpretation of the relevant provisions of the law “On Combating Extremist Activities” in their law enforcement practice. At the same time, the display of Nazi symbols should not be used to insult the Soviet people and the memory of the victims suffered in the Second World War, as well as “to popularize the ideas of Nazism, the theory of racial superiority and justify the war crimes of the Nazis.”

The problem of glorification of Nazism and ways to overcome it

The problem of the glorification of Nazism is, at the moment, one of the most important problems of our very developed society today. It was and will remain global until its final solution, since because of it events occurred that humanity will never be able to forget. These include: the well-known “Holocaust” to all of us (the systematic persecution and extermination of European Jews by Nazi Germany and collaborators during 1933 - 1945); Nazi human experiments (a series of medical experiments conducted on large numbers of prisoners in Nazi Germany at concentration camps during World War II); racist unrest and Nazism towards the African population living in the United States; Nazi massacres in Japan; colonization over many years of African countries, whose people served as slaves for their so-called white masters - the metropolises and many other events. The above incidents resulted in the death of millions of innocent people who only demanded freedom from these human predators. There are a lot of people with a negative opinion about other races who cannot change their views on the world, on existing moral norms and laws. It is a pity that they also exist among the Russian people, who recently destroyed the main predators of human civilization, all the Nazis led by fascist Germany.

Today in our, in my opinion, very developed world, in such areas of human activity as science, the education system, medicine, etc., we are all witnesses to unpleasant events taking place in the countries of the Middle East: Syria, Iraq, Palestine, Lebanon, and also in the Caucasus and Ukraine. In these countries, several thousand, and sometimes millions of civilians, including many children and elderly people, die every day, and they die not only because of terrorist attacks and civil war, but also because of a lack of food, food, and medicines , medicines, doctors and many other vital things. They have to leave their native places, they settle in many countries that are foreign to them, in particular European countries, where their rights are often violated, and refugees are often humiliated by local residents. These people rely on their neighboring countries, and also need the help of many European countries that call themselves a rule of law state. Despite this, many residents of these countries treat new newcomers with hatred, and here we find certain elements of the manifestation and glorification of Nazism and other activities that contribute to the manifestation of racism and racial discrimination.

What exactly is Nazism and its glorification? Nazism or National Socialism is a certain worldview that puts a certain nation (race or people) at the head of the world and advocates the use of repressive measures against the rest of humanity. Condemnation of Nazism is based on these repressive measures and on the fact that there is no possibility of leaving a group of oppressed people, membership to which is usually determined at birth (initially by race or nationality). This phenomenon came into global use with the advent of the Third Reich, that is, during the reign of Hitler in Nazi Germany in 1933-1945. But this concept is involuntary, since it follows from such a concept as fascism, which originated in Italy. Since March 1919, “Fashi di Combattimento” (translated from Italian as “Combat Alliances”) began to be created in Italy. Their participants (mostly former front-line soldiers) were united by extremely nationalistic, chauvinistic views, rejection of socialist ideas, and a desire for strong power. The movement was headed by B. Mussolini, who by that time had a certain political fame.

After the end of World War II, neo-Nazism was born, considered a follower of Nazism, which is characterized by denial of the Holocaust, glorification of Nazism, praise of Hitler, and the use of Nazi symbols, which the world community has been fighting for many years.

To combat the glorification of Nazism and other activities that promote racism and racial discrimination, the United Nations General Assembly adopted the Convention on the Elimination of All Forms of Racial Discrimination on December 21, 1965. As a result, a committee was created that, to this day, receives complaints from both all countries and individual complaints for violations of this convention. At the 25th session of the UN General Assembly (1970) adopted a resolution proclaiming “the firm determination to achieve the complete elimination of racial discrimination and racism, against which the conscience and sense of justice of all mankind rebel,” the consequence of which is the democratization and humanization of most of the existing society at that time . The consequence of this was that most African countries gained independence from the beginning of the 60s of the 20th century and, after long, difficult years for them, were able to get out of their colonial webs, which did not give them any development, both economic, political and spiritual, therefore the existing Today, the backwardness of these countries is completely dependent on the colonialists, who did not give the African states not only development in the spheres of social life, but also imposed on them their customs and traditions, their language, because of this, some of them, to this day, cannot progress, whose residents do not even live to a certain retirement age. In 2001, the General Assembly proclaimed the “International Year of Mobilization against Racism, Racial Discrimination, Xenophobia and Related Intolerance” and held hearings of the Committee on the Elimination of Racial Discrimination, where it was noted that action against racism and racial discrimination was already underway during the third decade. In December 2015, the UN General Assembly, at its seventieth session, adopted a new resolution, which is called: “Combating the glorification of Nazism, neo-Nazism and other practices that contribute to the escalation of contemporary forms of racism, racial discrimination, xenophobia and related intolerance.” In this legal act, we note that the international community draws attention in paragraph 10 to the fact that any denial or attempt to deny the Holocaust, which is a special manifestation of neo-Nazism, is unconditionally condemned. This norm is reflected in Art. 354.1 of the Criminal Code of the Russian Federation - Rehabilitation of Nazism, which establishes sanctions for denial of the facts established by the verdict of the International Military Tribunal for the trial and punishment of the main war criminals of the European Axis countries, approval of crimes established by the said verdict, as well as the dissemination of deliberately false information about the activities of the USSR during the Second World War wars committed in public.

Paragraph 18 of the Resolution emphasizes the call on States to take further measures to provide training to police and other law enforcement officials on issues related to the ideologies of extremist political parties, movements and groups, to promote views that constitute incitement to racist and xenophobic violence, and most The main thing is to fight impunity.

Paragraph 26 talks about civic engagement that brings communities closer together and provides them with conditions for genuine dialogue. This paragraph refers to the responsibility of citizens and civil society to help resolve problems that have arisen between certain opposing social groups. This provision is specified in paragraph 1 of Article 7. Public control over compliance with legislation on countering the rehabilitation of Nazism, the glorification of Nazi criminals and their accomplices, the draft Federal Law “On counteracting the rehabilitation of Nazism, the glorification of Nazi criminals and their accomplices”: citizens and organizations are given the right to exercise public control over compliance with the requirements of this Federal Law. State authorities and local government bodies are obliged to ensure the possibility of such participation in the manner and in the forms established by the legislation of the Russian Federation. These organizations are given the right to request information from state law enforcement agencies to exercise public control, as well as to take part in the prevention of Nazism and the glorification of Nazism. Thus, we see that the world community is trying to involve civil society in solving the problem of the glorification of Nazism. It is expected that this will lead to a faster resolution of this issue, since law enforcement agencies on their own are not able to resist Nazi criminals without public support.

The main weapon of the Nazis in the current information society is the Internet, with the help of which certain criminal acts are carried out, leading to hatred between social groups based on racial differences with reference to the theory of the superiority of one race over another. The UN General Assembly is not silent on this matter. Paragraphs 31, 34 of the UN Resolution of 17 December 2015 call on States Parties, civil societies and other relevant parties to use all opportunities, including those provided by the Internet and social networks, to counter, in accordance with international human rights law, the spread of ideas based on on racial superiority or hatred, and to promote the values of equality, non-discrimination, diversity and democracy. These provisions are adapted to prevent the manifestation of Nazism in the virtual world, because the Internet plays an important role today. Most of the world's inhabitants are connected to global social networks, and many of them may be involved in movements that defend the interests of neo-Nazis.

All these actions of the UN show the whole world that this organization is really interested in all current events, including fighting the glorification of Nazism and other activities that contribute to racism and racial discrimination.

In my opinion, there are many ways to solve and fight against the “Glorification of Nazism”. In addition, I would like to say that if I had the chance to recommend to the UN my plans against racist movements in the world, I would first of all suggest:

· UN member states to create local law enforcement agencies acting only to prevent racism, racial discrimination, xenophobia and related intolerance in each UN member state, which will directly act under the Convention on the Elimination of All Forms of Racial Discrimination;

· UN member states should include in their national legislation a norm that would establish liability for inaction manifested in the failure to provide information when it was possible to provide it about the location of Nazi actions, actions to glorify Nazism, persons who may commit unlawful acts of a Nazi nature, provided for by the norms of national and international law. The introduction of this norm is due to the fact that if everyone is against racism, racial discrimination, then silence, failure to provide vital information, the presentation of which can prevent mass riots and crimes of a Nazi nature, for example, information about the beginning of genocide against any national, ethnic, racial, religious or other historically established cultural and ethnic group. The Criminal Code of Russia has Art. 205.6, which regulates acts related to failure to report crimes provided for in Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, 206, 208, 211, 220, 221, 277, 278, 279, 360 and 361 of this Code. In this list we do not notice Art. 354.1. Rehabilitation of Nazism. In my opinion, this article should also be included in the list of those crimes for which liability is established for failure to report them, since this and other crimes of a Nazi nature pose a danger to the entire society. Premature suppression of this crime can prevent such crimes as genocide or incitement of national hatred.

· For Nazi countries that violate international norms on counteracting Nazism and the glorification of Nazism, do not recognize their state-legal system as an actor in international law, interrupt diplomatic ties with them, impose serious sanctions in all spheres of society, exclude them from all world communities in which they are directly involved.

· Introduce all of the above measures also in relation to those states that will cooperate with countries that have violated international norms on countering Nazism and the glorification of Nazism.

But nevertheless, the UN has made and is making important decisions in eliminating Nazism and the “Glorification of Racism.” This organization has been and will remain the main one in solving problems not only of racial discrimination and xenophobia, but also other vital new global problems of the 21st century that have been awaiting resolution for a long time.

In conclusion, I would like to say about the relevance of this problem and offer my recommendations for a specific solution to this issue. The glorification of Nazism is still happening not only abroad, but also in Russia. This is evidenced by the creation of some Nazi movements that humiliate migrants from other countries. Therefore, this problem has been and will remain important until the terms Nazism and racism completely disappear in the world community and the worldview of all peoples of the world.

Federal Law “On the Prohibition of Fascist Propaganda in the Russian Federation ”

The peoples of our country made a decisive contribution to the defeat of fascism, to the liberation of humanity from fascist enslavement and genocide.
For 50 years after the end of the Great Patriotic War, they fought against attempts at fascist revenge and defended the ideals of freedom, democracy, and humanism. Russia is guided by pacts and agreements of the international community of peoples aimed at eradicating fascism and preventing its revival. The Constitution of the Russian Federation and Federal laws proclaiming the protection of human rights and civil liberties, national and religious equality, and democratic institutions have a consistent anti-fascist orientation. Article 1. Objectives of this Federal Law This Federal Law has as its objective the creation of a legal mechanism for preventing and suppressing propaganda and other methods of spreading fascist ideology. This Federal Law is based on the fundamental provisions of the Constitution of the Russian Federation and international covenants on human rights.

Article 2. Basic concepts used in the Federal Law In this Law, fascism is understood as the ideology and practice of domination of some nations and races and the suppression of others, expressed in attacks on the rights and freedoms of citizens, the cult of cruelty and violence. Propaganda of fascism means the public justification and dissemination of the ideology and practice of fascism through the media, as well as through public marches, pickets, meetings, rallies, public use of fascist symbols and paraphernalia, printed, visual, video and audio materials glorifying fascism.

Article 3. Scope of this Federal Law A person’s personal views cannot be the object of prohibition. The prohibition of fascist propaganda should not limit the rights of citizens to freedom of thought and speech, the press, street processions and other public events, or association in public organizations.

This law does not apply to scientific, literary, artistic and other creativity if it is not aimed at justifying or spreading fascism, but at its study and objective coverage.

Public associations, state and local government bodies, as well as citizens of the Russian Federation have the right to use information of fascist origin if it is not intended for mass distribution and will not, as a result, contribute to the propaganda of fascism.

Article 4. General principles Public actions to promote fascism, which have all the characteristics provided for in Article 2 of this law, are prohibited on the territory of the Russian Federation. Distribution in public places of materials exonerating fascist leaders, absolving them of responsibility for genocide and other crimes against peace, humanity and humanity is prohibited. For the unfounded declaration of a public action as propaganda of fascism, officials bear material or disciplinary liability, and citizens or legal entities wrongfully accused of fascism receive monetary compensation for moral and material damage caused to them in accordance with the current legislation of the Russian Federation.

Article 5. State bodies countering the propaganda of fascism All state bodies are obliged to counter the propaganda of fascism. Direct counteraction to the propaganda of fascism is carried out within the competence of: a) internal affairs bodies, when it is carried out on the territory within the scope of their activities; b) the prosecutor's office, when it is associated with especially serious crimes or is carried out throughout the country; c) judicial authorities, when it is connected with the possible suspension or prohibition of the activities (liquidation) of public associations registered in the manner prescribed by law; d) courts, when controversial issues are resolved or decisions made by other bodies are reviewed; e) security agencies, customs and border troops, when harm occurs from the penetration of fascist propaganda from abroad.

Article 6. Counteraction of citizens to the propaganda of fascism Citizens of the Russian Federation and their associations counteract the propaganda of fascism by legal means. These methods include persuasion and warning of the leaders of organizations and individuals involved in the propaganda of fascism, the formation of public opinion, the organization of processions, demonstrations, rallies, boycotts and pickets, appealing to government bodies specified in Article 5 of this Law, as well as to other government bodies authorities. Countering the propaganda of fascism is a civic duty and can be encouraged by the state. The use of violent and other measures contrary to legislation to counter the propaganda of fascism is not permitted.

Article 7. Procedure for preventing the propaganda of fascism After detecting in the actions of members of public associations and other citizens signs of propaganda of fascism, falling under Article 2 of this Law, the internal affairs bodies issue an official warning to the governing body of the public association and (or) citizens engaged in the propaganda of fascism. The warning is issued in the form of a written protocol, a copy of which is handed over against receipt to a representative of a public association and (or) citizens involved in the propaganda of fascism. If they do not comply with the requirements contained in the warning within the time period established in the protocol, then the body that issued the warning puts before the court the question of holding them accountable for promoting fascism. The warning can be appealed directly to the court, or to a higher authority in the order of subordination.

Article 8. Responsibility for the propaganda of fascism The decision to bring to responsibility for the propaganda of fascism is made by the court on the basis of materials submitted by the bodies listed in Article 5 of this Law. Propaganda of fascism is punishable by confiscation of items that can be recognized as means of propaganda of fascism, or imposition of a fine in the amount of 50 to 100 minimum wages, administrative arrest of persons guilty of propaganda of fascism for up to 15 days. The activities of public associations or media outlets that promote fascism are subject to suspension and prohibition in the manner prescribed by the legislation on public associations or the media, respectively.

Article 9. State support of anti-fascist activities The state cooperates with public associations that counter the propaganda of fascism, provides them with assistance and support, without interfering in their internal affairs. June 22 is declared the annual national day of remembrance for the victims of fascism.

Article 10. This Federal Law comes into force on the date of its official publication.

President of the Russian Federation B. Yeltsin

Code of Administrative Offenses

Article 20.3. Propaganda and public display of Nazi paraphernalia or symbols (as amended by Federal Law No. 112-FZ of July 25, 2002)

1. Propaganda and public display of Nazi paraphernalia or symbols, or paraphernalia or symbols that are confusingly similar to Nazi paraphernalia or symbols, -

shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles with confiscation of Nazi or other specified paraphernalia or symbols, or administrative arrest for a term of up to fifteen days with confiscation of Nazi or other specified paraphernalia or symbols.

2. Manufacturing, selling or acquiring for the purpose of selling Nazi paraphernalia or symbols or paraphernalia or symbols that are confusingly similar to Nazi paraphernalia or symbols, aimed at their propaganda -

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 on Article 20.3 of the Code of Administrative Offenses

ConsultantPlus: note. Moscow Law No. 1 of January 15, 1997 “On administrative liability for the production, distribution and display of Nazi symbols on the territory of the city of Moscow” became invalid due to the adoption of Moscow Law No. 43 of September 18, 2002 “On invalidation of certain laws” of the city of Moscow in connection with the adoption of the Code of the Russian Federation on Administrative Offences.”

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).


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Development of the bill

On February 28, the head of the State Duma Committee on Security and Anti-Corruption, Vasily Piskarev, announced plans of parliamentarians to introduce liability for disinformation about the actions of the Russian Armed Forces during the military special operation in Ukraine.

Earlier, the Russian Ministry of Defense urged not to disseminate false information about the progress of the military operation in Ukraine. The ministry noted that as the Russian military successfully completes its tasks, the number of “hysterical fakes and outright disinformation spread by the “couch troops of Ukraine” on social networks is increasing.”