Since the introduction of liability for discrediting the army, the courts have received more than 600 materials under Art. 20.3.3 of the Code of Administrative Offenses. Most of these cases are in the Kaliningrad region, St. Petersburg and the Crimea, follows from the data of the State Antimonopoly Service “Justice” *
For a period of just over a month that has passed since the introduction of administrative liability for discrediting the Russian Armed Forces, the courts received 610 cases under the relevant article of the Code of Administrative Offenses, follows from the statistics of the State Antimonopoly Service “Pravosudie” for the period from March 4 to April 11, which was analyzed by RBC. Of these, at least in 334 cases, the courts issued a decision on the imposition of an administrative penalty, in three cases they stopped the proceedings, another 176 cases— not yet considered. At the same time, 80 defamation cases, decisions on which were taken, have already been appealed.
Art. 20.3.3 appeared in the Code of Administrative Offenses on March 4, after Russian President Vladimir Putin signed into law a law punishing knowingly false information about the actions of the Russian armed forces. If discrediting is accompanied by calls for illegal actions and poses a threat to public safety, then a fine of 50,000 to 100,000 rubles is provided for citizens. For spreading fakes without appeals, the fine is less— from 30 thousand to 50 thousand rubles
Region— The leader in the number of cases of discrediting the armed forces was the Kaliningrad region: according to the GAS “Pravosudie”, 77 administrative cases have been received by the regional courts since March 4. The press service of the Kaliningrad Regional Court told RBC that on the morning of April 11, materials under Art. 20.3.3 there were 64, most of which (53 cases) have already been considered with the adoption of decisions on bringing persons to administrative responsibility. The discrepancy in the statistics can be explained by the intensity of the receipt of cases: materials could also be received during the day, they noted.
St. Petersburg became the second in terms of the number of cases. As of April 11, there were 55 administrative cases in the city courts, of which 33 were considered. A little less— 37 cases under Art. 20.3.3 Administrative Code received by the courts of Crimea. In the top ten subjects— The leaders in terms of the number of defamation cases received also included the Amur Region (27 cases), Perm Territory (26 cases), Yaroslavl (21 cases) and Kostroma (19) regions.
The courts of the Yaroslavl region for the period from March 4 to April 11 considered 16 cases post. 20.3.3 of the Code of Administrative Offenses, the press service of the regional court told RBC, without specifying the total number of cases received. They noted that all those involved in these cases were found guilty, each of them was fined 30 thousand rubles. “Two of these persons were also subjected to administrative punishment in the form of arrest for a period of 10 days, one— for committing petty hooliganism (part 1 of article 20.1 of the Code of Administrative Offenses), the second & mdash; for violation of the established procedure for organizing a public event (part 2 of article 20.2 of the Code of Administrative Offenses) “,” added in the press service of the court.
The press service of the Amur Regional Court told RBC that from March 4 to April 14 (three days more than the period considered by RBC), the courts of the Amur Region received 55 cases of administrative offenses under Art. 20.3.3 Administrative Code.
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According to the GAS “Pravosudie”, since the introduction of liability for defamation in the courts of several regions, not a single case has been considered under this article. In particular, these are the Chechen Republic, Ingushetia, Dagestan, North Ossetia, the Republic of Tuva.
Moscow is not taken into account in the statistics, and there is no information on the number of cases received on the website of the Moscow courts. RBC sent a request to the press service of the Moscow City Court.
Administrative cases under Art. 20.3.3 of the Code of Administrative Offenses, the courts received an average of 115 materials per week. Most of the cases at the moment were in the period from March 14 to March 20— then there were 143.
For a very recently introduced norm, such a number of cases & mdash; this is a lot, the head of the administrative and criminal law practice of the law firm Nadmitov, Ivanov and Partners told RBC Bulat Tugutov.
At the same time, the share of defamation cases in the total volume of administrative offenses looks insignificant— in the first half of 2021 (the latest data from the judicial department), the courts considered more than 4.5 million cases, lawyer Alexander Peredruk noted.
According to Peredruk, the norm does not contain a clear wording of discrediting the armed forces, which makes the application unpredictable. For example, on April 4, the Moscow police drew up a protocol against a picketer who held a poster with a quote from Leo Tolstoy in his hands; Victor Hugo.
The courts are rapidly reviewing materials on this article, we can talk about the conveyor nature of the trials, says the senior partner of the Network Freedoms project; Stanislav Seleznev.
“Evaluation of an utterance requires the involvement of a person with special knowledge, — linguistic expert. Judges are satisfied with a personal assessment of the text or publication from the employee who drew up the protocol, — Seleznev told RBC.
According to Seleznev, most often people are attracted to an article about discrediting for anti-war posters— over 140 cases, for publications in social networks— more than 100, as well as for inscriptions on clothes, distribution of leaflets.
Since March 4, a number of politicians have been fined for discrediting the armed forces. Three protocols under Art. 20.3.3 of the Code of Administrative Offenses was drawn up in Yekaterinburg for Evgeny Roizman. In early April, the Gagarinsky Court of Moscow fined 150 thousand rubles. heads of two districts of the capital— Elena Rusakova (Gagarinsky) and Gordeya Nefedov (Lomonosovsky).
For fakes about the armed forces, criminal liability is also provided (Article 207.3 of the Criminal Code). Criminal cases were initiated against blogger Veronika Belotserkovskaya, journalist Alexander Nevzorov, and Ukrainian TV presenter Dmitry Gordon. In the actions of Gordon, the UK saw a violation of two more articles of the Criminal Code— on public calls to unleash an aggressive war and actions aimed at inciting hatred or enmity on the grounds of nationality (part 2 of article 354, paragraph “b” of part 2 of article 282 of the Criminal Code).
Two criminal cases for fakes about the army were initiated in the Tomsk region: one against a resident of the ZATO Seversk, the second— in relation to a resident of Tomsk, who published a post containing “knowingly false information that he allegedly received from eyewitnesses from the scene of the events about the participation of Russian troops on the territory of Ukraine.”
At the end of March, the Presnensky Court of Moscow arrested the first defendant criminal case on the dissemination of fakes about the armed forces of the country. They became the technician of the reserve control center of the capital's head office of the Ministry of Internal Affairs Sergey Klokov. On April 11, the Basmanny Court of Moscow took into custody a native of Colombia, Giraldo Saray Alberto Enrique.
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