Photo: RIA Novosti
The State Duma on Friday in the second and third reading can take prepared Duma security Committee’s so-called anti-terrorism package of amendments to the Criminal Code, which caused serious resonance and perplexing – because in order to “fight against terrorism” may be significantly limited the rights of citizens.
at the last moment, on June 23, “anti-terrorism package” urgently altered probably due to a steady stream of criticism of journalists, lawyers and human rights defenders. As a result of the State Duma Security Committee agreed to exclude from the amendments two provisions on deprivation of nationality, which had previously been approved and rule on “restricted to travel abroad».
Authors of the project were made by the former “yablochnitsa” and now an activist of “United Russia” and the head of the Duma’s security Committee Irina Spring and Senator Viktor Ozerov. Both did not hide: preparing an amendment jointly with the security forces
The initiative is still active in fighting against terrorism and extremism in all its forms (including census images and photos on social networks) in Russian lawmakers was born after the attack on the aircraft A321 board in Egypt. in October last year and a series of terrorist attacks in Paris in November. On the need to tighten anti-terrorism legislation was officially announced on November 20 at the joint meeting of deputies and senators.
By the end of April 2016 amendments were prepared, and May 13 have already been adopted in the first reading in the State Duma. Supposed to increase penalties for a number of terrorist and extremist articles, decrease the minimum age for incurring liability for terrorist crimes to 14 years, the emergence of the Criminal Code article “The act of international terrorism” (15 to 20 years or life imprisonment). Most of the changes relate to the issues of deprivation of citizenship and the right to enter and leave the country. However, the proposals have caused a number of complaints from the relevant Duma committees. The amendments were sent back for revision. Bottom line: the second reading in the State Duma on June 20 the project has undergone significant changes, the volume has grown from 8 to 37 pages (began to affect more than a dozen laws) has increased and the number of restrictions, including appeared norm about deprivation of nationality, which is two days later removed <. / p>
Basic prohibition and intelligence agencies new powers:
1. . Deprivation of Citizenship (Amendment withdrawn) The original version of the bill expands the list of grounds on which it was possible to revoke the citizenship of terrorism, hostage-taking, attacks on life of a statesman or public figure, violent seizure of power, armed rebellion, sabotage, public calls for extremist activities or separatism. But it was in the bill clause: it is impossible to select a Russian passport, if the person does not have another nationality or guarantees of its acquisition. But it did not specify what is meant by the warranty. Even in the second edition of the bill prescribes: “Citizenship of the Russian Federation is terminated as a result of renunciation of citizenship of the Russian Federation on the basis of free will … those expressed in the form of fulfillment of the actions provided for by this Federal Law.” That is the conflict with the citizens of the above article suggested automatically assume voluntarily renounce citizenship. The list of “volunteers” can enter and convicted for “extremist” articles (incitement of hatred or enmity, the organization of extremist community and promoting extremist activity “), and those who, having dual citizenship, gets a job in law enforcement or judicial authorities of a foreign state, and those who work “without the consent of the authorities” to “international organizations, activity of which Russia is not involved.” And these organizations a lot.
Not only the public, but even from a legal Duma control any comments to this position, which, as the management concluded, “do not comply with Russian citizenship principles and rules governing the Russian citizenship issues” according to which a citizen may be deprived of
Russian citizenship or right to change it. As a result of the bill removed the item on the deprivation of nationality at all. And promised on Friday to add further amendments.
2. FSB and SVR have access to information systems and databases. Spring offers allow FSB and SVR, “receive, free of charge from state agencies and state extra-budgetary funds’ access to information systems and databases, including remote (names of employees, their personal data, etc.). And in the law “On operative-investigative activities” amended, according to which the investigative activities are now ranked as “receiving” law enforcement authorities “computer information” (E-mail, SMS messages).
3. Changes to the storage system user correspondence and interpretation of this correspondence at the request of government agencies. Amendments to the Internet companies are made to Information Act and the Code of Administrative Offences. The original authors of the draft amendments required the storage of user data only on the telecom operators. Now they want to extend the bill on “the organizers of the dissemination of information on the Internet”, that is, almost all Internet services. From Internet companies need to store all user data for six months (previously required 3 years) – and as the correspondence of users and files that are exchanged between
In addition, . Spring insisted that the company provided to law enforcement authorities not only the correspondence of users and encryption keys to it, if the correspondence or send files encrypted. Those who refuse to provide “information for decoding the received, transmitted and processed messages,” or those who will use non-certified encryption, fined. The penalty ranges from 3,000 rubles for individuals and 1 million rubles for legal entities.
The initiative applies to all Internet companies operating in Russia. While many services – Facebook, WhatsApp, Telegram – do not have their Russian offices
4.. . You can judge with 14 years The law expanded the list of items on which to judge teenagers under 14 years of age: it is international terrorism; participation in terrorist organizations, terrorist organizations and illegal armed groups; receive instruction terrorism; participation in mass disorders; attempt on the life of the state and public figure, the attack on the people and institutions that enjoy international protection, hijack a plane, train or water transport. But the most important – amendments introduced responsibility for the 14-year-old for failing to report a crime, an act that does not involve violence and the threat to public order.
5. A separate amendment block complicates conducting missionary activity in Russia. Underneath Spring understands “spreading the faith” outside religious buildings, as well as through the media and Internet. For the promotion of public opinion are committed worship, distribution of literature, collection of donations. The residential area is now prohibited to preach – the legislator equates such activities to an extremist. You can not “direct” missionary activity “of a violation of public security” and the implementation of extremism, as well as to encourage citizens to refuse to education and “non-fulfillment of their civic duties.” Foreigners missionaries will no longer qualify for a long-term Russian visa for a period of one year up to 5 years. Religious organizations will now be invited missionaries under the contract.
6. Restrictions on travel abroad (removed) . In the original version of the bill, such restrictions for a period of five years prescribed in respect of those who have outstanding conviction for terrorist and extremist crimes, for example, for the attempt on the life of a statesman, and a seizure of power by a rebellion. The number of restricted to travel abroad fell and perpetrators of all articles “extremist,” including those who are on trial for the posts in social networks, allegedly “calling to extremist activity”. However, the last day before the third reading of these provisions and cleaned up by removing them from the “Spring Pack».
7. . Increased sentences If the first reading of the draft version of the creation of armed formations threatened from 8 to 15 years, but now the term is increased to 10 – 20 years. And for the “decline, recruitment and other involvement” in the commission of mass unrest could face 5 to 10 years
What is interesting in the second reading -. June 20 – Spring Committee considered amendments without much discussion. Heads relevant Duma committees were not connected to the work on the amendments, for which they are responsible. None of the chapters in their confessions, had an opportunity to review and amended them in their preparation had not been consulted. The third reading of consultations started
Comments
Vladimir Pligin , Chairman of the Duma Committee on Constitutional Legislation and State Building:.
– in a number of cases generated by the practice of citizenship deprivation in the world. In particular, in the European countries is currently being discussed the issue of termination of citizenship of persons who acquired him not to communicate with the state, and to address any other issues.
Andrei Klishas , head of the Federation Council on constitutional legislation and state building Committee:
– We can see after the terrorist attacks in Paris and the events in the United States, as a legislator in the European countries trying to find a reasonable balance between the rights and freedoms of citizens on the one hand, and security guarantees – on the other. This applies to information, the Internet, the notorious story of telephone conversations, opportunities to travel abroad. The French parliament, for example, rejected the idea of a possible deprivation of nationality, but discussed it, and now these questions become relevant for Russia. For each position, which restricts the rights and freedoms must be approached calmly and carefully. If the government sees that the existing penal provisions appear insufficient to society, and certain of its layers are too soft – so that they can be easily broken, – all this leads to a deterioration of the crime situation. Tighter norms of the Criminal Code – one of the tools for reducing such tensions
Elena Lukyanova , lawyer, professor of constitutional and municipal law of HSE:
– these bills should be discussed at least a year and a half normal, expert community, because they contain a restriction of rights. In general, any law, leading to the restriction of rights must be long and widely discussed not only in the State Duma, and the whole of society. In the US, two or three years the world debated whether to burn the American flag can be
Henry Reznik , lawyer:.
– I think we are seeing the development of a repressive trend, when the first sowing “spring”, and then collect winter. At this time, the bill is a wonderful phrase “for the creation of conditions to commit a crime”, which is a mockery of law and its formal definition. Anti-extremist legislation exists in all European countries, but it is used very rarely, because it interpreted in a restrictive way: by “incitement to hatred” should be understood to direct calls for violence or limitation of rights, and not just the negative statements
. Alexander Verkhovskii , Director of the “Sova” information-analytical center:
– The package of amendments “Spring-Ozerov” is complex – there including many not having absolutely nothing to do with the fight against extremism and terrorism. For example, to request correspondence of citizens regarding any events and any criminal case. With regard to counter events that may be related to extremism or terrorism, the amendment contains only one positive initiative, namely the inclusion in the list of aggravating circumstances the fact that the crime was committed in wartime or in a situation of armed conflict – and this provision list a good exhaust. All other amendments are only simulated fight against extremism
Most of the amendments concerns increased responsibility -. Despite the fact that all the “extremist” articles, in principle, there is no maximum penalties, they do not even require prosecutors. Increased accountability was absolutely not necessary – it is pure window dressing for the public. But the amendments are for the convenience of the police, because the number of crimes – for example, Art. 282 ( “inciting hatred or hostility, and humiliation of human dignity”) – is automatically transferred into the category of heavier categories
It seems that the amendments related to the order to suppress the opposition, but even so all is well. is suppressed, and take something else did not make sense. Amendments likely confined to the elections, before which, as a rule, taken terrible various anti-extremist legislation, citizens who love. This is a great pre-election event, and so it is in a hurry to catch the end of the session
Prepared by Julia Schastlivtseva, Alexander Taranov
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