Criminal legal counteraction to extremism on the Internet. Extremism on the Internet: how to protect yourself from criminals. The plan of the elective course "Ensuring the information security of the student's personality in modern conditions"

To write this article, the Federal Laws “On countering extremist activity”, “On information, information technologies and information protection”, the Criminal Code, the Code of Administrative Offenses were analyzed in agony; as well as the Resolution of the Plenum of the Supreme Court "On judicial practice on criminal cases on crimes of an extremist orientation”; Government Decree "On a unified automated system"Unified Register of Domain Names, Site Page Pointers in the Information and Telecommunication Network "Internet" and Network Addresses Allowing the Identification of Sites in the Information and Telecommunication Network "Internet" Containing Information Distributed in Russian Federation forbidden". Naturally (who would doubt it!), some very significant contradictions between these acts were revealed. But first things first.

I. What is "extremism"?


In accordance with the Federal Law "On counteracting extremist activity", these are:
A) forcible change in the foundations of the constitutional order and violation of the integrity of the Russian Federation.
That is, in order to recognize actions / speeches / materials as extremist, they must be aimed at modifying the fundamental principles enshrined in Chapter 1 of the Constitution (secularism, democracy, federalism, the prohibition of ideology, etc.), through a bloody revolution involving murders, violence and the like, not peaceful reform. MAY NOT be considered extremism, for example, proposals for the resignation of the President (if they are not associated with the need to kill him), or even for the establishment of a state ideology (“Orthodox Christianity”, for example, as G.L. Sterligov used to say), which at the same time do not combined with justification or calls for the use of violence to implement these proposals.
The union "And" instead of (or "together") "OR" is confusing. Is it really necessary for extremism both, figuratively speaking, to call for the establishment of an ideology by force, and, at the same time, to divide the country into parts? By the way, another question - will the accession of other territories to it be considered a violation of the country's territorial integrity? And should the violation of territorial integrity be “violent”? Will the opinion about the need, for example, the division of the Russian Federation into a confederation, or something like “give Sakhalin to the Japanese” be considered extremist? Or is it necessary to speak of forced separation?

B) public justification of terrorism and other terrorist activities;

C) inciting social, racial, national or religious hatred;
Again, one phrase - and a lot of questions. What is "social" strife? By what criteria is it determined? Will “religious strife” include one that is manifested on the basis of atheism, and not the fact that an unbeliever professes a religion, but not that one? What is “discord” anyway? And how does it compare with the notorious “inciting hatred or enmity” in the notorious Art. 282?
Explanatory dictionaries consider "strife" as a synonym for "enmity". "Enmity" is defined as some negative actions dictated by a feeling of hatred.
That is: hatred is a feeling, hostility is a specific action dictated by it, and discord is a concept synonymous with hostility. It turns out, based on the literal interpretation of the law, in this case, only such “excitement” should fall under the signs of extremism, which leads (for the perfect form of the verb) to certain negative actions, and not just to “hatred” as a feeling.

D) propaganda of the exclusivity, superiority or inferiority of a person on the basis of his social, racial, national, religious or linguistic affiliation or attitude to religion;
Here you can even rejoice a little - "attitude towards religion" speaks of the prohibition of these actions against atheists, agnostics, and also theists of all stripes.

E) violation of the rights, freedoms and legitimate interests of a person and a citizen, depending on his social, racial, national, religious or linguistic affiliation or attitude to religion;

f) preventing citizens from exercising their electoral rights and the right to participate in a referendum or violating the secrecy of voting, combined with violence or the threat of its use;

G) obstruction of lawful activity government agencies, local self-government bodies, election commissions, public and religious associations or other organizations, connected with violence or the threat of its use;
That is, it turns out that illegal activities we can boldly interfere with government agencies, even by force! =)

3) the commission of crimes for the motives specified in paragraph "e" of the first part of Article 63 of the Criminal Code of the Russian Federation;
With regards to such motives - see the post

i) propaganda and public demonstration of Nazi paraphernalia or symbols or paraphernalia or symbols confusingly similar to Nazi paraphernalia or symbols, or public demonstration of paraphernalia or symbols of extremist organizations;
Here - see posthttps://vk.com/feed?q=%23Legal_subbotnik§ion=search&w=...

J) public calls for the implementation of these acts or the mass distribution of obviously extremist materials, as well as their production or storage for the purpose of mass distribution;
About such materials - see below.

L) a public knowingly false accusation of a person holding a public office of the Russian Federation or a public office of a constituent entity of the Russian Federation of committing by him during the period of execution of his official duties acts referred to in this article and which are a crime.
Question: the requirement of impeachment to Putin will be extremism? And phrases like "Putin is a murderer, he must answer for Beslan / Nord-Ost / Kursk", etc. (Underline whatever applicable)? How to distinguish between a "knowingly false accusation" from a just or "honest error"? And what should this "accusation" be - drawn up in the form of a statement, or simply expressed?

L) organization, preparation of these acts, incitement to their implementation, their financing or other assistance.
Here, purely legal questions arise about the distinction between these actions with complicity, I see no reason to dwell on them in detail in this material.

II. What are "extremist materials", how do they relate to "information whose dissemination is prohibited in Russia", and what to do with them?


Again, we look at the Federal Law "On countering extremist activity."
Extremist materials""" - documents intended for publication or information on other media:
(Immediately the question is: what is the disclosure? How many people must observe them for it to take place? 2? 5? 10? We have 146,544,710 “people” in Russia).

""" A) calling for the implementation of extremist activity, or substantiating or justifying the need for its implementation.
Well, that is, calling for / substantiating / justifying everything that was discussed above.

B) "including" the works of the leaders of the National Socialist Workers' Party of Germany, the Fascist Party of Italy.
From here it is categorically not clear whether all the works of Hitler and Co. will be considered extremist materials, or only those in which there are manifestations of extremism. Plus - what do you mean by "labor"? Are Adolf's paintings related to them? Why is this not work?

C) publications substantiating or justifying national and (or) racial superiority
But what about the social, or on the basis of the relationship to religion? Doesn't count?

D) publications that justify the practice of committing war or other crimes aimed at the complete or partial destruction of any ethnic, social, racial, national or religious group.

Materials are recognized as extremist only by the court, with their inclusion by the Ministry of Justice in the Federal List of Extremist Materials.
Next, we open the Federal Law "On Information, Information Technologies and Information Protection", namely Art. 10: "It is prohibited to disseminate information that is aimed at propaganda of war, incitement of national, racial or religious hatred and enmity, as well as other information, the dissemination of which provides for criminal or administrative liability."
Attention, question. How do materials containing information that call for / substantiate / justify the need to incite social, racial, national or religious hatred compare; with information aimed at inciting national, racial and religious hatred and enmity? Is it the same or not? What is the difference between arousal and kindling? Plus, the Federal Law "On Information" does not talk about social hatred or enmity - why?
It turns out that we can conclude that the concept of "forbidden information" is broader than the concept of "extremist materials", because they, among other things, refer to it. It is not clear, however, why not simply indicate in the Federal Law: "Distribution of the following information is prohibited: extremist materials, ..., ...".
The answer to this question can be found by carefully studying the very law “On Information”, the Government Decree, and comparing it with the Federal Law “On Counteracting Extremist Activities”. Recognition of materials as extremist is made only by a federal court, on the basis of a prosecutor's application or in the course of proceedings in a relevant case of an administrative offense, civil, administrative or criminal case. That is, you understand - the process is long, dreary, and problematic. It is necessary to produce expertise, a lot of papers ... and who wants to bother?
Much easier with prohibited information, access to which can be restricted outside judicial order, in accordance with Art. 15.3 of the Federal Law "On Information". We read carefully: “In case of discovery ... on the Internet, information containing calls for mass riots, extremist activities, participation in mass (public) events held in violation of the established procedure, including the case of receipt of notification of the dissemination of such information from federal bodies state authorities, state authorities of the constituent entities of the Russian Federation, local authorities, organizations or citizens, the Prosecutor General of the Russian Federation or his deputies send a request to Roskomnadzor to take measures to restrict access to information resources disseminating such information.
Roskomnadzor, in turn, sends a request to restrict access to the telecom operator, which must immediately close everything. If the seditious information is deleted, access must be immediately restored. Deletion is not required if the owner of the information does not want to do it - just otherwise he will never have access to the resource.

ATTENTION: a contradiction between the Federal Law "On Counteracting Extremism" and the Federal Law "On Information"! Information containing calls for extremist activity is classified as extremist materials, therefore, it cannot be blocked extrajudicially (even if the prosecutor asks for it) - a court decision is required to recognize the materials as extremist and include them in the Federal List maintained by the Ministry of Justice, with subsequent restriction of access to the Internet resource on which it is posted.
In addition, we again seeCONTRADICTIONbetween the Federal Law and the Government Decree concerning the inclusion of the resource in the so-called "registry of prohibited sites". Article 15.3 contains no indication to that effect. Art. 15.1 - “general”, states (in short) that the grounds for inclusion in the register of information are:
1) decisions of the federal executive bodies authorized by the Government in relation to the following distributed via the Internet:
a) materials with pornographic images of minors;
b) drug information;
c) information about suicide;
d) information about a minor victim;
e) information about gambling and lotteries.
2) a court decision that has entered into legal force on recognizing information disseminated via the Internet as information whose dissemination is prohibited in the Russian Federation.
As we can see, there is nothing “extremist” here.
The Government Decree on the same Register in paragraph 5 states that the grounds for inclusion in the Register are (in short):
a) decisions of the following authorized federal executive bodies:
. FSKN - in relation to drug information
. Rospotrebnadzor - regarding information about suicide
. FTS - in relation to information about lotteries and gambling
. Roskomnadzor - in relation to:

  • material containing pornographic images of minors
  • information about drugs and suicide
  • information disseminated via the Internet, the decision to ban the dissemination of which on the territory of the Russian Federation was taken by authorized bodies or a court;

That is, formally this definition the information mentioned above - which is extremist and blocked in contradiction with the Federal Law out of court at the request of the prosecutor - falls under this category. It is not clear, however, why there is no simple indication of this in the Federal Law.

In summary, let's summarize.Any kind of information containing something from “extremism” must be recognized as extremist material in the established judicial procedure, with inclusion in the Federal List of Extremist Materials maintained by the Ministry of Justice. The out-of-court procedure for blocking such information is formally illegal, since there is a conflict - that is, a contradiction between two federal laws - "On countering extremist activity" and "On information." The first law is special, and the second - general. Special laws apply.

III. On the issue of responsibility.

The Russian Federation provides for administrative penalties for the mass distribution of extremist materials ALREADY INCLUDED in the published federal list, as well as their production or storage for the purpose of mass distribution.
Let's not dwell on the "mass character" and so on. I note that there is no criminal liability for a similar act, which of course is not.
Attention, question: how to delimit the distribution of extremist materials from the notorious "kopeck piece"? And in general, can extremist materials be distributed just like that, without the purpose of “inciting hatred or enmity”?
In this regard, the Plenum of the Supreme Court indicates that the issue should be resolved depending on the direction of the intent of the person distributing these materials. In the case when a person distributes extremist materials included in the published federal list of extremist materials in order to incite hatred or enmity, as well as to humiliate the dignity of a person or a group of persons on the grounds of gender, race, nationality, language, origin, attitude to religion, as well as belonging to any social group committed by him should entail criminal liability under Article 282 of the Criminal Code of the Russian Federation.
I'm wondering - for what other purpose can a person distribute such materials? Introductory? Enlightenment? Well, maybe., For example, regarding the "works" of Hitler and Co. But how is this possible in relation to materials that “incite social, racial, national or religious hatred”?
It turns out that, in accordance with the law, the procedure for dealing with "extremist" content on the Internet should be as follows. Law enforcement authorities, having discovered on the Internet some content that gives reason to believe it is extremist (moreover, it is aimed at inciting hatred or enmity, as well as humiliating the dignity of a person or group of persons, and not, for example, demonstrating Nazi symbols), should, if possible, identify the author and the presence of intent (which, again, go and prove it, but practice comes from the very fact of placing something seditious in open access) bring him to criminal liability under Art. 280 or 282 (depending on the nature of the posted information). In the course of the proceedings, the court will recognize the materials as extremist and include them in the Federal List.
If the “extremist” content is of a different kind, the materials must be recognized as extremist in court and included in the Federal List. If there are grounds, the author may be held administratively liable for, for example, propaganda or display of Nazi symbols.
Summarizing,in this situation, I think, one can only rejoice at the illiteracy and laziness of the law enforcer - it’s better to just add them to the Register ... We will create new communities, but new admins instead of the imprisoned ones are unlikely.

Julia Fedotova

The SOVA Information and Analytical Center has been monitoring the application of anti-extremist legislation since its inception. You may not agree with our views or assessments, but you should listen to us, given our experience.

What's happening

Anti-extremist legislation has existed in Russia since 2002 and continues to expand. It is based on the framework law “On counteracting extremist activity” and as of June 2016 includes a number of articles of the Criminal Code (CC), several articles of the Code of Administrative Offenses (CAO) and a number of provisions related to civil law. This legislation applies to:

Terrorism

Attempts to overthrow the government and attacks on its representatives,

Ordinary crimes committed on the basis of national, religious and other enmity,

Several varieties of public statements (see below),

Organizational activities related to the above,

Minor offenses - images of the swastika and other forbidden symbols, distribution of prohibited materials, etc.

This is a very broad legislation, but here we will focus only on those rules that relate to public statements, and made specifically on the Internet.

The number of people convicted of crimes (this is the Criminal Code) or offenses (this is the Code of Administrative Offenses) of an “extremist orientation”, that is, for everything mentioned above, is in the hundreds a year and continues to grow. According to the monitoring data of the SOVA Center (albeit incomplete), sentences for statements occupy an increasing share in criminal anti-extremist law enforcement. For example, in 2015 almost twice as many people were convicted for “extremist statements” as for other “extremist crimes”. And of these statements, 85% in 2014-2015 were made on the Internet. According to the SOVA Center, from 5% to 10% of such sentences are clearly unlawful, but there are also many controversial ones.

The practice of anti-extremist law enforcement is causing increasing concern in Russian society.

Why do you need to read this memo at all?

It would seem that if the authorities abuse anti-extremist legislation in a relatively small part of cases, and at the same time you yourself believe that you are writing something on the Internet not with the aim of calling for pogroms, murders or a coup, then wouldn’t it be better to proceed from the fact that the risk to you are small? It is comparable to the risk of getting into a plane crash, but we all (or almost all) fly on airplanes.

This is the case if you have not attracted the hostile attention of the police or other authorities. However, if you didn’t attract, or rather, you don’t think that you did, the risk is not reduced to zero, as with airplanes - and it’s useful to at least know what makes this risk higher or lower and what the consequences may be.

Anti-extremist legislation

There is an opinion that these laws are directed against the "bad guys" and cannot touch us. But there are fewer and fewer people who share this opinion.

Much more popular is the point of view that anyone can be attracted for anything. But she, judging by the data we have collected, is incorrect: not anyone and definitely not for anything. Your statement - let's call this word a demonstration of views in any form, be it words, a picture, a photo, video, audio, or something else - must fit at least one of the numerous norms of anti-extremist legislation. There is no such offense - "extremism", although in everyday and journalistic speech they often say so. You can only break a specific rule of law.

The main concepts of the law "On countering extremist activity":

1) extremist activity (extremism):
- forcible change in the foundations of the constitutional system and violation of the integrity of the Russian Federation;
- public justification of terrorism and other terrorist activities;
- incitement of social, racial, national or religious hatred;
- propaganda of the exclusivity, superiority or inferiority of a person on the basis of his social, racial, national, religious or linguistic affiliation or attitude to religion;
- violation of the rights, freedoms and legitimate interests of a person and a citizen, depending on his social, racial, national, religious or linguistic affiliation or attitude to religion;
- preventing citizens from exercising their electoral rights and the right to participate in a referendum or violating the secrecy of voting, combined with violence or the threat of its use;
- obstruction of the lawful activities of state bodies, local self-government bodies, election commissions, public and religious associations or other organizations, combined with violence or the threat of its use;
- commission of crimes for the motives specified in paragraph "e" of the first part of Article 63 of the Criminal Code of the Russian Federation;
- propaganda and public demonstration of Nazi paraphernalia or symbols or paraphernalia or symbols confusingly similar to Nazi paraphernalia or symbols, or public demonstration of paraphernalia or symbols of extremist organizations;
- public calls for the implementation of these acts or the mass distribution of obviously extremist materials, as well as their production or storage for the purpose of mass distribution;
- public knowingly false accusation of a person holding a public office of the Russian Federation or a public office of a constituent entity of the Russian Federation of committing by him, during the performance of his official duties, the acts specified in this article and which are a crime;
- 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 through the provision of educational, printing and material and technical base, telephone and other types of communication or the provision of information services;

2) extremist organization- a public or religious association or other organization in respect of which, on the grounds provided for by this Federal Law, a court has made a final decision to liquidate or ban activities in connection with extremist activities;

3) e extremist materials- documents intended for publication or information on other media, 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 Workers' Party of Germany, the Fascist Party of Italy, publications substantiating or justifying the national and (or ) racial superiority or justifying the practice of committing war or other crimes aimed at the complete or partial destruction of any ethnic, social, racial, national or religious group;

4) symbols of an extremist organization- symbols, the description of which is contained in the constituent documents of an organization in respect of which, on the grounds provided for by this Federal Law, a court has adopted a final decision to liquidate or ban activities in connection with the implementation of extremist activities.

We will briefly list the types of statements that can be interpreted as extremist and entail criminal or administrative liability. There are many legal subtleties in the relevant norms, but it makes no sense to analyze them all, since many of them are too often ignored by the law enforcement agencies themselves. We will note only those subtleties that are of practical importance.

All punishment options can be viewed in the Appendix, below we stipulate only the minimum and maximum options. But it is important to note that in a criminal case, the court may also impose additional punishment in the form of a ban on certain professional activities or on the use of the Internet for a period of several years.

Incitement to hatred and discord (Article 282 of the Criminal Code)

If you are making a public statement regarding some large group of people that can be described in terms of nationality, citizenship, religion, language, and so on, try to be more attentive to it.

Perhaps one of these groups annoys or frightens you, or perhaps even causes you stronger hostile feelings, and you are ready to express these feelings or express some thoughts that are clearly directed against this group. The SOVA Center advocates tolerance, but we are aware that everyone cannot always be tolerant, so manifestations of intolerance are an inevitable thing. Bracketing moral assessments, we note that such statements are your right, but it is limited (which, by the way, is usual in world practice), and it is up to you to decide how much you consider it necessary to encroach on these restrictions.

Statements directed against people united on the basis of nationality (in the sense of ethnicity, not citizenship) and religion are considered as criminally punishable. Other unifying features mentioned in article 282 of the Criminal Code are not used, but we can talk about almost any group of people united by some kind of sign - about a "certain social group", as the Criminal Code says.

In principle, the Supreme Court's clarifications limit the application of Section 282, but these limitations cannot be fully relied upon. For example, at the moment there are no cases of inciting hatred against a “social group” of government officials or politicians, but it cannot be ruled out that they may appear again (as happened more than once before the clarifications of the Supreme Court).

The Supreme Court clarified that it was the incitement of hatred and enmity towards people, but not towards their organizations (religious, national, political and others) or their leaders, not towards ideas, views and customs. These are very correct explanations, but in addition to “inciting hatred”, Article 282 of the Criminal Code also includes the “humiliation” of people on the same group grounds - and the Supreme Court did not explain what kind of humiliation is criminal and what is not. Therefore, in practice, we see that harsh statements about religious ideas, national customs, etc. may be regarded as criminal in the sense of Article 282 of the Criminal Code.

From the Decree of the Plenum of the Supreme Court of the Russian Federation of 2011 No. 11 “On judicial practice in criminal cases on crimes of an extremist orientation”

3. In the course of proceedings in criminal cases on crimes of an extremist orientation, the courts must bear in mind that, in accordance with paragraph 2 of part 1 of article 73 of the Criminal Procedure Code of the Russian Federation motives to be proven commission of these crimes.

7. Actions aimed at inciting hatred or enmity should be understood, in particular, as statements substantiating and (or) affirming the need for genocide, mass repressions, deportations, or other illegal acts, including the use of violence, against representatives of any or nation, race, adherents of a particular religion and other groups of persons. Criticism of political organizations, ideological and religious associations, political, ideological or religious beliefs, national or religious customs should not in itself be considered as an act aimed at inciting hatred or enmity.

When establishing the deed in relation to officials(professional politicians) actions aimed at humiliating the dignity of a person or a group of persons, the courts need to take into account the provisions of articles 3 and 4 of the Declaration on freedom of political discussion in the media, adopted by the Committee of Ministers of the Council of Europe on February 12, 2004, and the practice of the European Court of Human Rights , according to which politicians seeking to enlist public opinion, thereby agree to become the object of public political discussion and criticism in the media; public officials may be subject to criticism in the media regarding the way they carry out their duties, as this is necessary to ensure that they exercise their powers transparently and responsibly. Criticism in the media of officials (professional politicians), their actions and beliefs in itself should not be considered in all cases as an action aimed at humiliating the dignity of a person or group of persons, since the limits of permissible criticism are wider with respect to these persons than with respect to individuals.

8.
It is not a crime under Article 282 of the Criminal Code of the Russian Federation to express judgments and conclusions using the facts of interethnic, interfaith or other social relations in scientific or political discussions and texts and not intended to incite hatred or enmity, as well as to humiliate the dignity of a person or a group of persons on the basis of gender, race, nationality, language, origin, attitude to religion, membership in any social group.

To minimize the risk of prosecution, it is not enough to avoid calling for illegal actions against people due to their skin color, nationality, religion, etc., this goes without saying. One should not speak about such groups of people in terms that are considered rude, one should not hint (and even more so directly indicate) the desirability of any infringement of their rights, one should not speak in rude terms about their beliefs, symbols and customs.

If your anger or others negative emotions in fact, it is not aimed at the whole of such a group, but only at a certain part of it in connection with some of its activities, it is very important to state this clearly. Perhaps your statement will still not be too tolerant, but there is less chance that it will also turn out to be criminal, and most importantly, it will become more accurate and meaningful.

Article 282 provides for punishment from a fine of 100,000 rubles to five years in prison, but if the statements involve incitement to violence, were committed in a group, or you somehow used your official position, then up to six years.

Calls for extremist activity (Article 280 of the Criminal Code) and separatism (Article 280 1 of the Criminal Code)

The definition of extremist activity is long (see below), but it should be at least in in general terms remember, since publicly calling for any of the actions included in this definition is a rather serious crime. If the appeal is made on the Internet, then the punishment for it is up to five years of forced labor (that is, work where the court sends it) or imprisonment.

The call does not have to have a clear grammatical form corresponding to the call, any kind of hints about the need to do this and that can also be considered a call. You may be joking, but be aware that your humor may not be understood.

So one should not hint at the desirability (and even more so the need) of a coup, separatism, terrorism, incitement of hostility towards some groups (see above) or their discrimination, the creation of any force interference with the authorities (including, of course, the police, but also election commissions), committing any crimes based on hostility towards some national, religious, etc. group, displaying prohibited symbols (see more below), or funding all of the above.

Frankly, the list is so long that it is not easy to remember, but it is intuitive and gives an idea of ​​what kind of actions are considered extremist and what, accordingly, should not be called for. There are, however, three nuances that should be considered in more detail.

First, about the discrimination mentioned in this list. Discrimination itself is almost never prosecuted in our country, this issue is little discussed, so many do not understand what exactly should be considered discrimination. This topic is indeed complex, but in order to avoid charges under Article 280 of the Criminal Code, one should avoid statements about the desirability of violating someone's rights or legitimate interests, depending precisely on his/her/their race, nationality, religion (or lack thereof), language and social background.

Secondly, the prohibition on inciting hatred in the definition of extremism (for some reason the word “discord” is used there) is formulated much more broadly than in Article 282 of the Criminal Code: “propaganda of the exclusivity, superiority or inferiority of a person” on group grounds is also prohibited. Taken together, these terms seem to cover every conceivable negative statement related to group characteristics, as well as the “humiliation of dignity” provided for in Article 282. So, avoid at least the most obvious negative statements, as described above in relation to Article 282, but most importantly - do not say that others should be dismissive or negative about other people on such group grounds. In the end, if your goal is not really to provoke a conflict, you should not teach other people to treat someone badly: other people themselves can do it just as well as you.

Thirdly, calls for separatism are now separated into a separate article 280 1 of the Criminal Code. The punishment under it is the same as under Article 280. And keep in mind: judging by practice, we are not talking specifically about calls for a separatist rebellion, it can be prosecuted for any statement about the desirability of reducing the territory of the Russian Federation, as it is depicted on the official map .

Justification of terrorism (article 205 2 CC)

Such a statement applies immediately to both terrorist and extremist crimes, the punishment for it, when it comes to the Internet, varies from a fine of 300 thousand to a million rubles to seven years in prison. What is forbidden is not justification in a moral or pedagogical sense (“he avenged his father”, “he suffered a trauma in childhood”), but rather the assertion of the correctness and desirability of terrorist attacks as a method of action.

Naturally, this should not be said.

"Rehabilitation of Nazism" (Article 354 1 of the Criminal Code)

The quotation marks here indicate the title of the article, as well as the fact that its composition does not match the title. With regard to statements, this new - so there is still very little practice - the article of the Criminal Code includes several different compositions of varying degrees of clarity.

The first is the denial or approval of the crimes established by the Nuremberg Tribunal. Most of us do not know the list of these crimes, but in general we are talking about the most massive crimes committed by the German authorities during the Second World War, so, in general, it is clear what we are talking about.

The second composition can only be quoted: "the dissemination of deliberately false information about the activities of the USSR during the Second World War." It is impossible to say how broad understanding is possible here - there is no practice. Concerns arise about the criminalization of historical discussions. But since the wording "knowingly false" is used, your defense against this kind of accusation can be an indication of the source, if possible, the least marginal.

The punishment for the first two compositions varies from a fine of up to 300 thousand rubles to three years in prison.

The third composition is less severe - from the same fine to a year of corrective labor (that is, a deduction from the salary) - and we are talking about rude statements or desecration of memorable dates and symbols associated with Russian military history. Few people remember all these dates and symbols, but if you write about them, you understand that they belong to military history - in this case, just be polite. Being polite isn't bad at all, but in this case it's even safer.

Insulting the religious feelings of believers (Part 1 of Article 148 of the Criminal Code)

What the term "insulting feelings" means, how exactly to distinguish the "religious feelings" of believers from their other feelings - all this is left to the discretion of the investigation and the court, which in practice means complete arbitrariness and chaos in law enforcement. It is only clear that we are talking about statements directed against religious customs, beliefs, symbols and institutions. Judging by the wording, similar to the wording of the article "Hooliganism", and according to the existing practice, only statements made in a rude form are considered criminal.

Interreligious disputes and disputes between believers and non-believers have always been very emotional, but now, if you succumb to emotions in such a dispute and break into rudeness, you risk being prosecuted and punished from a fine of up to 300 thousand rubles to imprisonment for one year.

Participation in an extremist community (Article 282 1 CC) or organization (Article 282 2 CC)

If you are not a member of an organization (including an informal community) that is already banned as extremist (Article 282 2) or whose activity you think is easy to suspect extremism in the sense of its definition in the law, you should hardly worry .

In general, very rarely they are accused of publishing these articles online, but the practice may change. In principle, the publication of documents, program articles, statements of the leaders of such organizations can be considered as a form of participation in activities, at least if it is a systematic publication. Just in case, to the list of already banned organizations on the website of the Ministry of Justice: you can easily not know which are banned and which are not, but this will not relieve you of responsibility. And liability ranges from a fine of 300 thousand rubles to imprisonment for six years (if you do not consider options that are hardly applicable to statements on the Internet).

All the same is true for organizations that are banned as terrorist, and communities focused on terrorist activities, only articles of the Criminal Code, respectively 205 5 and 205 4 (there are more severe punishments: only imprisonment - from ten to 20 and from five to ten years respectively). Of course, you do not participate in terrorist activities, but look at the list of organizations that are banned as terrorist - it is also not so obvious.

A summary list of banned organizations is available on the website of the SOVA Center.

Sometimes the question arises whether participation in a group on a social network associated with such an organization can be considered as participation in the organization. According to the meaning of the laws and according to today's practice, no. But it still makes sense to check which groups you're in, even if you don't actually read them.

Distribution of "extremist materials" (Article 20.29 of the Code of Administrative Offenses)

In any corner of our large country, a court can ban this or that “material” as extremist, whether it be a book, a video, a page or website on the Internet, a song, etc., including just a certain file seized from someone’s computer. The content of these materials in practice varies from completely cannibalistic to completely innocent, and the ideological spectrum covers almost all known movements. And the distribution of any of these materials is an offense under Article 20.29 and is punishable either in the form of a small fine, up to three thousand rubles, or in the form of arrest for up to 15 days.

In principle, the matter can even reach a criminal charge under the articles listed above, but in reality, such a charge does not require that the material be banned at all - on the contrary, it is the publication of prohibited material that only occasionally leads to a criminal case.

The list of prohibited materials is officially published on the website of the Ministry of Justice, but it is technically extremely difficult to read it there, it is easier to use the more understandable and convenient version on the website of the SOVA Center - start here (this is the first part, but as of June 2016 there are already nine of them). Finally, the current version of the list can be downloaded from the website of the Ministry of Justice in its entirety.

We admit that the content of the list, already more than three and a half thousand points long, is impossible to remember, and often impossible to understand, since the descriptions in many cases do not give any idea of ​​what is prohibited. No contextual search will also help you find out if this or that material is prohibited. And yet, this does not exempt anyone from liability under Article 20.29. Finally, the article of the Code of Administrative Offenses provides for punishment only for “mass” distribution, but any online publication is considered by the courts as mass distribution.

So there's no way for you to be sure you're not violating that rule of law, if you're reposting anything at all. But if you don't want to risk it, you can take at least some precautions:

Avoid distributing materials from already banned organizations (see above) unless you are certain that the material in question is not banned;

If you have any doubts about the material, set the options for its title, for example, in news.yandex.ru - and, perhaps, you will see the news about its ban;

If you yourself think that this material is somehow “obviously extremist”, refrain from republishing: if it is not banned today, then it may be banned tomorrow, but you will have it (see below).

Demonstration of prohibited symbols (Article 20.3 of the Code of Administrative Offenses)

It is important to immediately emphasize that, according to the poorly worded part 1 of Article 20.3, it is considered an offense to publicly demonstrate certain symbols, regardless of your intention and context, the very presence of prohibited symbols in a picture or video is enough. The punishment for this is from one to two thousand rubles or arrest for up to 15 days.

To date, several varieties of symbols (and paraphernalia) are prohibited.

1. Nazi. It includes symbols used in the Third Reich, but sometimes also symbols of modern neo-Nazis. Many, though not all, actually or potentially illegal symbols can be found

2. Similar to the Nazi to the point of confusion. The term "confusingly" is standard for civil law and means a similarity that makes it difficult for an ordinary person to distinguish. The degree of similarity is determined by the court. In practice, it is known that all conceivable signs that are somewhat similar to the swastika can be considered similar to one, but in other matters the courts more often show common sense.

3. Symbols of organizations banned for extremism and terrorism (see above about them). There is no catalog of such symbols anywhere now, and not all such organizations have a well-defined symbolism. The situation is complicated by the fact that many symbols used or used by banned organizations are widely used outside of them - for example, the sickle and hammer or shahada (written in Arabic a short confession of the Muslim faith). In practice, such popular symbols are almost never attracted, and in general this rule is rarely applied, so it’s enough for you to know what the main symbols of banned organizations look like - in case of doubt, just google pictures for the name of the organization, and if any symbol clearly it applies to her, draw conclusions.

4. Symbols of organizations that collaborated with the Third Reich during World War II or denied Nazi and related crimes. This norm is so incomprehensible that the Duma instructed the Government to compile a catalog of such symbols, but the Government has not compiled it yet, so the norm is not yet working.

Problem moments

Publicity

Only a public statement can be illegal. And apparently, if the content of the statement is illegal, then it is the more dangerous, the more publicly. But these nuances, like many others, are rarely taken into account by the courts. The main thing that is evaluated in court is the content of the statement. It is considered public in all cases when it was available to "an indefinite circle of people", no matter how many people actually read, listened to or watched it.

De facto, this means that the court will consider as public any statement on the Internet that is not hidden, one way or another, with a password. But even sayings "only for friends" in in social networks or sent by e-mail to a sufficiently large number of people were recognized as public. So you should forget about the privacy of your blog or account - or rather, proceed from the fact that everything you write on the Internet will be considered public by the court.

Repost

According to the meaning of the law, the court must evaluate your statement, that is, not the copied text itself (picture or video), but your publication as a whole. Your publication includes, in addition to the copy itself, some of your comment or lack thereof, as well as context - the content of your blog or account as a whole. After all, the majority of real readers perceive the repost in this particular context, which they are familiar with at this moment or have familiarized themselves with earlier, and imagine your position. In fact, a repost is a quote that should always be evaluated in context (and this is confirmed in relation to the media Supreme Court). Alas, the court almost never evaluates reposts in this way.

If you want to repost something that, as you who read this memo, it seems that the court can evaluate as an extremist statement, then from the point of view of own security you should do one of two things. Or simply do not make such a repost, which, of course, solves the security problem, but obviously excessively restricts your freedom of speech and the ability to discuss topics of interest to you. Or accompany the repost with a comment that clearly shows that you do not agree with the content that you think the court will consider extremist. This option does not guarantee security, but, judging by practice, it increases it quite significantly.

Of course, you can assume that even if the court considers the quoted statement to be extremist, you do not agree with this in advance and are not ready to refrain from supporting this statement. You may also find it simply ridiculous to make self-evident comments on a repost. Then just decide if you're willing to take the risk.

And the last thing: they often say that we attract people for “likes”. No, not yet. But there was already a sentence for accepting the mark of one's name in someone else's VKontakte post, which included a banned video. Interpreting the accepted mark as dissemination of information is an obvious stretch, but such a sentence was passed and entered into force, so you should be more careful about accepting mentions of your name (in those networks where such a mechanism exists).

On November 20, 2016, Russian President Vladimir Putin held a meeting of the Security Council in the Kremlin, during which the participants discussed the draft Strategy for Countering Extremism until 2025.
The main thesis of this meeting sounded unambiguous - extremism is becoming one of the most serious threats to the Russian Federation, and failure to take proper measures to counter this phenomenon can lead to devastating consequences - destabilization of the situation not only in a separate state, but in the whole region, as happened in such countries like Egypt, Syria, and is currently happening in Ukraine. The statistics speak for themselves: over the past 10 years, the number of extremist crimes has increased 10 times - up to 1329 in 2015 (in 2004 - 130, in 2014 - 1034)
The head of state put on the agenda an issue, the relevance of which should not be forgotten - this is countering extremism on the Internet. The destructive power of this influence is directed, first of all, at the youth.
And indeed, at the present time, hatred and xenophobia towards certain social groups, the political system or religious movements from the squares and streets "migrated" to the worldwide network. Extremism on the Internet began to gain menacing momentum. The Internet has opened up almost unlimited access to information for people, however, this situation has led to the fact that the ideologists of extremism have turned it into their main "mouthpiece".
The social group most exposed to radical ideas is the youth, moreover, this category of the population is the most active user of the Internet space. These circumstances were used by the ideologists of extremism to create whole system suggestion to the younger generation of radical ideas of various kinds.
The Internet has become a real "school" for young people who, under the influence of third parties, embark on the path of violence, hatred, inciting ethnic and religious hatred. On the network, you can special work find information: publications of an extremist nature prohibited for publication and replication on the territory of the Russian Federation, propaganda videos calling for violence and disobedience to the authorities, instructions and manuals for committing crimes against order and administration. Social networks play an important role in the spread of extremism. It is through them that the most active propaganda of criminal ideas is carried out. The format of social networks not only makes it relatively easy to make materials of an extremist nature public, but also makes it possible for like-minded people to cooperate, which puts the recruitment and “stupefying” of young people on stream.
The Ministry of Internal Affairs of the Russian Federation, in response to this threat, has developed and implemented a whole range of measures and systems aimed at curbing the spread of extremism on the Internet and bringing perpetrators to justice established by law. Every year, in the Altai Territory, sentences are passed to persons who distribute extremist materials on the Internet, calling for violence against any social group or for the violent overthrow of the current government in the country, the perpetrators bear the responsibility established by law.
However, prevention is better than cure. Therefore, the younger generation needs to be explained in advance the danger of the ideas of extremism, as in educational institutions, and at home, so that young people develop a clear negative perception of radical ideas in advance, and develop “immunity to extremism”. Only A complex approach in solving this acute social problem can guarantee a positive result.

Social networks in modern form emerged at the very beginning of the 21st century. They quickly became a universal means of communication. There will be almost 1.5 billion social media users worldwide by the end of this year. The most common of them in Russia are LiveJournal (more than 8.6 million users), Facebook (almost 7 million), VKontakte (more than 43 million registered accounts2) and Odnoklassniki (more than 200 million .).

Just like the mass media, social networks are becoming the object of attention of various extremist groups, leading quite a few active work. A particular danger of terrorist ideology lies in the apparent coincidence of its declared values ​​with universal human values ​​(declaring the rejection of drug addiction, drunkenness, lawlessness, corruption and all types of crime, propaganda of violence and immorality in the media, etc.), as well as justifying the need to use violent methods and means to achieve the set goals.

Extremism as a form of extreme, uncompromising adherence to any views, concepts (no matter political, religious, behavioral) has existed for more than a century. The ancient Greeks and Romans also faced the problem of extremism and its extreme form - terrorism, one way or another it was a problem for states and societies in the Middle Ages and modern times.

Since the 19th century and up to the present day, this form of opposition to the normal development of society and the way of life has become a pressing problem. It should not be considered that this is only a problem of the state and that it does not concern each person individually. This is not so - in the event of a hostage-taking or a terrorist attack using explosive devices, ordinary citizens suffer first of all.

To counteract the spread of extremist ideas, the efforts of state authorities alone are not enough, and it is impossible to keep track of the entire Internet, even if only for its Russian-speaking sector. It is necessary that every sane person understands what rash acts and following human "beings", the main goal of which is violence, can lead to. In recent years, the Internet has a large number of various social networks and blogs, the characteristic features of which are:

 the ability to create personal profiles (open or with limited access), which often require you to specify real personal data and other information about yourself (place of study and work, contact numbers or addresses Email, hobbies, life principles, etc.);

 provision of a practically full range of opportunities for information exchange (posting photos, videos, text entries, organizing thematic communities, exchanging personal messages, etc.);

 the ability to create and maintain a list of other users with whom the "owner" has different relationships and similar views (friendship, kinship, business and work ties, hobbies, political and other passions).

A) "LiveJournal" (hereinafter - LJ), the oldest of the Runet blog services (now experiencing a certain crisis), the interface of this service, which once worked in a "closed" mode, implied the user's skill to write coherent, reasoned texts, and the tree-like system of comments - have a lot of independent discussions. Today, this service is considered a haven for the "Internet elite" discussing abstruse texts. It is characterized by an old-fashioned interface and the inability to "like" 4 . The bulk of well-known "thousanders" (that is, users with more than 1000 official subscribers) use LJ as their main platform, including for political activity, making money, etc.

B) Facebook, now an increasingly popular social network, is gradually attracting the LJ audience. It is less demanding on the Internet channel, it is more convenient to access using mobile devices, but unlike LJ, it does not support long texts (maximum 5000 characters), and the comment system does not imply convenience when conducting long discussions. The appearance of the “like” button, which makes it possible to mark an interest and does not require writing a response, drastically reduces the intellectual load on the user. Much more common among young people, and the instant messaging system is an increasingly convenient replacement for Internet messengers such as ICQ or QIP.

C) VKontakte and Odnoklassniki are domestic social networks that have gained maximum distribution. They do not require a good, “wide” Internet channel, and in many respects this is why only users who had a special “invitation” (borrowed “invite”) could register in the blogging service /

"Like" is an indicator of the attitude of users to a message in social networks, a site, a blog post, a site in search results, or a contextual ad.

Initially, in the social network Facebook looked like an interface button with a symbol in the form of a raised thumb of the hand, they are much more common where Internet access has certain restrictions. A completely Russian-language interface is more convenient for an audience that does not speak foreign languages. It is these networks that are most widespread among young people under 25 in countryside or small towns. These social networks do not imply the ability to create long coherent texts or conduct an argumentative discussion. They are most adapted to the exchange of visual information - photos or videos. It is here, in social networks and the blogosphere, that the Internet user receives most of the virtual communication and can contact the carriers of any ideas.

From real world this virtual space differs not only in the amount of information, speed of access and the number of possible contacts, but also in a sharp decrease in the level of control over contacts by anyone - from parents to law enforcement agencies. It is precisely because of this that the Internet space is so “loved” by various ideologists and recruiters of extremist organizations. Sitting in warmth and comfort, often far from the territory of the Russian Federation, you can conduct individual work recruitment into the ranks of gangs of youth from any region of the country, with minimal risk for myself.

There is one more explanation why the Internet, and social networks in particular, are so popular with adherents of extremism - they need a "tribune" to propagate their views. Official, legally operating, licensed mass media (newspapers, radio, TV) are closed to them, so today the Internet is the only accessible platform with a potentially wide audience. Of course, in addition to their presence in social networks and the blogosphere, extremists of all stripes try to have their own websites, but access to them is blocked, special services try to close such resources, and their audience is relatively small. Although, given the growth of the Internet, these resources are becoming more and more: in 1998, terrorist structures supported only 12 sites. By 2005, there were about 4,800 of them, and at present, according to experts, there are about 10,000. In addition, a large number of news agencies and websites operate on the network that are not directly related to terrorist organizations, but share their ideology and provide support to terrorists in various forms. To avoid blocking by the authorities, many sites constantly change their addresses.

In the Russian-speaking sector of the Internet, there are currently about 200 sites that support the ideas of terrorism and extremism. Despite the rather large number, their audience is relatively small and is formed mainly by those who have already made the wrong decision for themselves - to link their lives with terrorism.

To attract new supporters directly to the resource, you first need to find them somewhere else, make contact, convince them of your ideas, and then only attract them to the resource, especially if direct access to it is closed. In social networks, everything is much simpler - the audience is immense, it is enough to write a short remark in any discussion, as the interlocutors themselves will come to start a dispute, and then - “a matter of technology”.

The methods of information influence used by recruiters and disseminators of illegal ideas are not new. These are old and well-known means, such as juggling facts, playing on ignorance or ignorance of certain things, manipulating biased news, and flamboyant rhetoric. These methods work perfectly in everyday life too: remember how easily a crowd at rallies or fans at a stadium “starts up”, how simply any, the most crazy idea is thrown in, and how, in the form of rumors, it begins to spread over any distance, acquiring fantastic details along the way and speculation.

Social networks and the blogosphere are the same street crowd, only the coverage is much larger and the distribution speed is an order of magnitude higher, and given the habit of most users - when they see a bright, catchy headline, click on the “repost”, “retweet” or “share” button, you can say that the process of spreading rumors turns into an uncontrollable tsunami.

There is another problem due to which rumors and false information get such a fantastic speed of distribution - unwillingness and / or inability to double-check the information received.

The only way to deal with such an undulating spread of “stuffing” is to check and double-check information.

What does “extremist material” look like? Of course, only a court can recognize a particular text as extremist, but you must be able to know and be able to find signs of extremism.

So, if the text contains:

1. calls for a change in the political system by force (ie calls for a revolution, an uprising, disobedience to a legitimately elected government, as well as this activity itself);

2. public calls for terrorist activities or public justification of terrorism, including with the use of the media (this means a statement by a person (source) about the recognition of the ideology and practice of terrorism as correct, in need of support and imitation);

3. incitement of social, racial, national or religious hatred (calls for the murder, beating or deportation of persons of a certain nationality or religion);

4. propaganda of the exclusivity, superiority or inferiority of a person on the basis of his social, racial, national, religious or linguistic affiliation. If at least one of the listed signs is present in the text you have seen, you should treat this text with increased caution.

The National Security Strategy of Russia until 2020, approved by Decree of the President of the Russian Federation of May 12, 2009 N 537, provides for the creation of a developed system for identifying and countering political and religious extremism, nationalism and ethnic separatism as a means and goal of ensuring state security.
One of the most acute problems of recent times is the placement of extremist materials on the Internet.
In order to protect the rights and freedoms of man and citizen, the foundations of the constitutional order, to ensure the integrity and security of the state the federal law dated July 25, 2002 N 114-FZ "On counteracting extremist activity" not only determined the legal and organizational bases extremist activity, but also established responsibility for the implementation of such activities.
Distribution on the Internet of extremist materials included in the published federal list of extremist materials, as well as providing access to them to users of file-sharing networks, entails administrative liability under Art. 20.29 Administrative Code of the Russian Federation. In addition, the dissemination of materials containing calls for extremist activities, incitement of hatred or hostility, as well as humiliation of 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, calls for terrorist activities or justification of terrorism may also result in criminal liability under Art. Art. 205.2, 280, 282 of the Criminal Code of the Russian Federation.
In the regions of the Far Eastern Federal District, countering extremism remains one of the priorities of the prosecutor's office. Despite the fact that in general the situation remained stable and conflicts that significantly affect the state of interethnic and interfaith relations were not allowed in the district, threats to the national security of the Russian Federation regarding manifestations of extremism do not lose their relevance.
In the district for 6 months of 2015, prosecutors noted the intensification of the operational-search activities of the territorial bodies of the FSB and Ministry of Internal Affairs of Russia to identify extremist manifestations on the Internet. At the same time, in these bodies there is an increase in the number of cases of operational accounting in the area under consideration (the Ministry of Internal Affairs of Russia - by 11%, the Federal Security Service of Russia - by 37%).
According to the prosecutors of the constituent entities of the Federation, in the law enforcement agencies of the district for 6 months of 2015, 86 reports of crimes of the analyzed category were registered, which is 95.5% more than in 2014 (44). Of the total number of reports received, 56 were registered with the Investigative Committee of the Russian Federation, 16 with the FSB, and 14 with the Ministry of Internal Affairs. The number of reports of such acts committed using the Internet was 77, or 89.5% of the total.
District prosecutors constantly monitor the Internet for free access to extremist materials and prohibited information, and take measures to eliminate the negative impact of such illegal information.
For example, in 2014, the prosecutors of the districts of Primorsky Krai sent 8 applications to the courts for the recognition of information posted on the Internet as prohibited (with subsequent submission of court decisions to Roskomnadzor to block access to it throughout the country). All applications have been considered, the demands of the prosecutors have been satisfied.
In the first half of 2015, the Office of the General Prosecutor's Office of the Russian Federation in the district took measures aimed at restricting access to information resources based on two appeals from citizens. Two applications were submitted to the court for the recognition of information posted on the Internet as prohibited for distribution on the territory of the Russian Federation, to the preliminary investigation bodies in accordance with Art. 37 Code of Criminal Procedure sent two materials on the grounds of a crime under Art. 319 of the Criminal Code (publicly insulting a representative of the authorities in connection with the performance of his official duties), on which 2 criminal cases have been initiated and are being investigated.
In the Sakhalin Region in July 2015, two criminal cases were initiated under Part 1 of Art. 282 of the Criminal Code (commission of actions aimed at inciting hatred or enmity, as well as the humiliation of human dignity on the grounds of gender, race, nationality, language, origin, attitude to religion, as well as belonging to any social group).
Prevention of extremist activity in the subjects of the Federation can achieve the goal only if systems approach subjects of such prevention: authorities, law enforcement agencies, anti-terrorist commissions, interested ministries and departments and local governments.
Basically, materials subsequently recognized as extremist are revealed in the course of operational-search activities carried out by law enforcement agencies.
However, in 2014 in Primorsky Krai it was established that, despite the prevalence of extremist materials on the Internet and their significant impact on the growth of extremist sentiments among young people, the internal affairs bodies did not properly monitor the Internet, criminal cases and cases of administrative offenses were facts of extremist manifestations on the Internet were not raised, which did not correspond to the criminogenic situation in the region. After the presentation of the regional prosecutor, the work of the internal affairs bodies of the region intensified.
Ensuring public safety and countering extremism is the fundamental task of the authorized state bodies.
Meanwhile, inspections carried out by the prosecutor's offices of the Kamchatka Territory and the Sakhalin Region in 2014 showed that the activities of the bodies of the Federal Service for Supervision in the Sphere of Communications, information technologies and mass communications is not adequate to the current situation in the regions. Offenses under Part 2 of Art. 13.15 of the Code of Administrative Offenses (abuse of freedom of the media), Roskomnadzor bodies in the district were not detected.
At the same time, the departments of Roskomnadzor for the Kamchatka Territory, for the Far East federal district did not ensure proper monitoring of the media, control activities in the form of systematic monitoring were often carried out superficially, did not take measures to prevent violations in the field of control over the media that disseminate information in addition to Russian in the Korean, Nivkh languages.
In the Kamchatka Territory, only after the prosecutors submitted submissions to the editors (editors-in-chief) of seven printed publications (newspapers "LDPR na Kamchatka", "Mediteks", "SKTV-Inform", "Housing Bulletin of Kamchatka", "Kamchatka rest", "Shamsa" and the magazine "ShoppingGIDKamchatka"), in accordance with the law, mandatory copies of printed publications were sent to the Russian Book Chamber and libraries of the constituent entities of the Federation.
In the Primorsky Territory and the Sakhalin Region, the work of the departments of the Ministry of Justice of Russia noted weak control over the activities of public and religious associations, including compliance with constituent documents the requirements of federal legislation, the submission of the necessary reports by them, the actual elimination of violations reflected in the non-profit organizations warnings. In addition, the bodies of the Ministry of Justice of Russia in the district administrative offenses under Art. 5.26 of the Code of Administrative Offenses (violation of legislation on freedom of conscience, freedom of religion and religious associations) was not detected. At the same time, the prosecution authorities of the Primorsky Territory established such violations in the activities of non-profit organizations.
For example, according to the Ussuri city prosecutor's office, three public organizations (National-cultural autonomy of the Koreans of Primorsky Krai, Primorsky public fund social support and protection of military personnel, veterans of local conflicts "Soldat" and the religious organization "New Generation" Church of Christian Evangelical Faith in Ussuriysk and Ussuriysk region) took measures to provide and post on the Internet on the information resources of the Ministry of Justice of Russia reports on their activities and documents on goals spending Money and use of property.
In all subjects of the Federation of the district, prosecutors continue to identify shortcomings in the activities of public educational institutions who do not comply with the rules for connecting to unified system content filtering of access to the Internet, in connection with which response measures were taken to eliminate the identified violations.
For example, in the first half of 2015 in the Magadan region, on the proposals of the prosecutor of the Omsukchansky district, the directors of four educational institutions (MBOU "Secondary educational school settlement Omsukchan", "Basic educational school of the village. Omsukchan", "Secondary educational school of the village. Dukat" and GBOU primary vocational education Magadan region " Professional institute N 11"), restrictions on access to Internet sites containing information of an extremist and other illegal nature have been introduced, network filters have been installed on computers connected to the Internet.
Federal Law No. 114-FZ of July 25, 2002 "On Combating Extremist Activities" defines propaganda and public demonstration of Nazi paraphernalia or symbols or paraphernalia or symbols that are confusingly similar to Nazi paraphernalia or symbols as one of the types of extremist activity. For these acts, administrative responsibility is established under Art. 20.3 of the Code of Administrative Offenses. District prosecutors systematically detect such violations in the course of monitoring the Internet.
In Primorsky Krai, the practice has been implemented of filing applications with the courts for the recognition of prohibited information on methods of home-made production of explosives and explosive devices distributed on the Internet. Such applications were made in 2014 by the prosecutor's office of Primorsky Krai, the prosecutors of the cities of Vladivostok, Artem and the prosecutor of the Olginsky district (the applications were satisfied).
The dissemination of such information can be regarded as information aiding terrorism (since it can be used in the preparation and planning of terrorist acts) and entails administrative liability under Part 5 of Art. 13.15 of the Code of Administrative Offenses (dissemination in information and communication networks of information containing instructions for the home-made manufacture of explosives and explosive devices).
In total, in the Far East region, prosecutors, when systematically monitoring the Internet in 2014 and the first half of 2015, revealed almost 1,500 such violations. In order to eliminate them, 306 submissions were made, the courts granted about 200 prosecutors' applications to stop Internet providers from providing access to materials included in the published federal list of extremist materials. Also, 35 applications were sent to the courts to recognize the materials as extremist. At the initiative of prosecutors, 49 persons were brought to administrative responsibility.
Along with this, there are problems when restricting access to Internet sites of this category. The establishment of such a restriction does not guarantee that information materials will not appear on other resources.
We believe that the work of the prosecution authorities to suppress the activities of such sites will achieve the desired effect only with the interaction and active assistance of special units of the security agencies and the Ministry of Internal Affairs of Russia, which are entrusted with the functions of identifying and suppressing the activities of Internet sites containing illegal information materials, including extremist, and persons involved in the placement of such information.




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