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Friday, December 9, 2016

Russians who served in a foreign army or police, will be deprived of citizenship


From 20 July 2016 nationals convicted of any crime committed on extremist grounds, may prohibit travel abroad. And the Russians with two nationalities, entered the service of the army or the police of foreign countries, will be deprived of a passport of the Russian Federation. These innovations are contained in the so-called “anti-terrorism package”, which the state Duma will take the overall this week.


photo: morguefile.com

“Anti-terrorism package” of the two bills (one of the proposed changes to the criminal and Criminal procedure codes, and the other 10 existing laws) is usually associated with the name of one of the authors – Irina Spring (“United Russia”), but in fact before us is one of legislative developments of the Security Council of the Russian Federation, and it set the tone of the special services and law enforcement agencies.

The first reading took place a month ago. 20 June, the Committee for security and combating corruption “discussed” texts ready for adoption in the second and third reading. The word “discussed” have to be quoted: if amendments to this bill and discussed, not at the Committee meeting, the voluminous documents distributed to MPs just before the event, and it was obvious that the majority of deputies earlier in eyes did not see them.

By the way, the second of the bills now rules 10 and 19 of the existing laws. Among those who first one to attempt was not going to – “On freedom of conscience and religious associations”, which will be a new Chapter regulating missionary activity in Russia…

One of the criticized proposals, according to the authors, prevention of terrorism temporary ban on travel outside the Russian Federation. For a period of 5 years – those Russians who have benefited from the FSB official warning in connection with the activities that could lead to terrorist offences, and up to removal of a criminal record (this is from 1 year to 10 years) – those who have been convicted of terrorism or extremist crimes”.

The second reading decided caution FSB grounds for a ban on travel not to do. But the sentence is a basis for limiting the constitutional guaranteed freedom of movement can become. We are talking primarily about the 13 articles of the criminal code, the punishment for crimes of terrorism, an encroachment on life state or the public figure, violent seizure of power, armed rebellion and assault on international institutions.

But a word about “extremist crimes” have not gone away! To clarify on what the crimes in this case, the real authors of the package basically were not.

And to find a direct answer to the question “what is a criminal record makes a citizen subject to the risk of being banned?” in the UK unlikely. In the note to article 282.1 States that “under the crime of an extremist nature” means any crime committed on motives of political, ideological, racial, national or religious hatred or enmity under “relevant”, that is extremist articles, as well as any crimes (at least disorderly conduct or assault!), perfect for the above reasons.

Pure extremist is usually considered to be article 280 (“Public appeals to extremist activity”), 280.1 (Public calls for action aimed at violating territorialnoi integrity of the Russian Federation”), 282 (“inciting hatred or hostility, and humiliation of human dignity”) 282.1 (Organization of an extremist community”), 282.2 (Organization of an extremist organization”) and 282.3 (“Funding of extremist activity”).

Three of them punished “for the words” uttered in a public space or written in the book, the newspaper, on the Internet. For crimes of this kind can escape a penalty of a fine, it is now an appendage to the fine will be the potential threat of this ban.

Because the ban only “may be entered” – means may not be introduced. The criteria for being blacklisted list and will notify once there, or simply put before the fact at the border, taking away the passport for safekeeping, the second reading is not cleared. Apparently, the decision will be taken by the security services, guided by regulations or orders of unwritten rules.

Another controversial innovation is the proposal to deprive the terrorists of Russian citizenship – for the second reading has acquired an unexpected additions.

The law “On citizenship of the Russian Federation” will be a new article: “the renunciation of citizenship in the form of action (loss of citizenship of the Russian Federation as a result of the actual action)”. Russian passports all having another nationality will lose automatically after the entry into validity of a sentence for terrorism.

Russia will cease to think of their citizens and all those who entered the service of the army, security agencies, law enforcement or the courts of a foreign state, and those who are without the sanction of the authorities of the Russian Federation “carries on activities” in international organizations or associations in which Russia participates.

With a criminal record is clear – since the sentence comes into legal force of the information, they will go to responsible citizenship authorities (MIA). How our government will “catch” the disloyal citizens of other categories, and will look like against them the procedure of deprivation of citizenship – the answer is no.

Due to the mentioned innovations take 20 Jul 2016.

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