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Sunday, December 4, 2016

The fear of the law


A year ago the public were outraged by the reduction of the powers of the state Duma 6-th convocation and the postponement of elections from December to September 2016. As life has shown, there is a silver lining: judging by the impact the adoption last week of the “Spring package”, nobody knows what new surprises the citizens presented yet formally to existing members, whether they had in stock for another three months.


photo: Alex geldings

A year ago the public were outraged by the reduction of the powers of the state Duma 6-th convocation and the postponement of elections from December to September 2016. As life has shown, there is a silver lining: judging by the impact the adoption last week of the “Spring package”, nobody knows what new surprises the citizens presented yet formally to existing members, whether they had in stock for another three months.

In the end of the session, the parliamentary majority of United Russia and joined them, the socialist party has issued a landmark “anti-terrorist” amendments authored by Deputy Irina Yarovaya and Senator Viktor Ozerov. Of course, the real fight against terrorism proposed initiatives have the same attitude as the abolition of gubernatorial elections in 2004 after the tragedy in Beslan. Rather, it is another attack on the rights of Russians — approved bills can without exaggeration be called bloodthirsty and leaves great scope for arbitrariness of the security forces. It is obvious, however, that the reason their acceptance — not in the sadistic inclinations of political parties ahead of the elections, and the authorities are afraid of new protests, like 5 years ago. Plus the crisis — and suddenly the flames food riots? Or someone wants to join disgruntled? It is necessary to prepare in advance. Therefore, the “anti-terrorist package” a large part is devoted not to terrorists but to those who have expressed discontent in the country.

The first thing to mention is the increase in terms of extremism, including on the Internet. Non-specialists often put an equal sign between a terrorist and an extremist. The latest in their imagination draws a bearded thug with a gun at the ready. In fact, more likely to be “extremist” in Russia is the student with glasses, who allowed reckless dissent in the Network. Or divan nationalist, playing rhymes and cartoons.

As shown by the Center for economic and political reforms the study of anti-extremist legislation allows to interpret the concept of extremism very widely. As a result it is possible to bring not only the acts motivated by hatred and enmity, but disagreement with the current political course, the official religion of the statements in favor of Ukraine, etc. and sometimes even innocuous actions. Below are several examples of criminal cases on the infamous 280-m articles of the Criminal code.

In 2015 against the student from Omsk was prosecuted under article 282 of the criminal code for the critical post of “Orthodox activists” that influenced the cancellation of the concert of Marilyn Manson in the city. In September 2015, a Chuvash activist Dmitry Semenov was sentenced to a fine for the fact that in January 2014 he shared on his Facebook account an interview with Matvey Ganapolsky. Claims from the prosecution due to the fact that the article is automatically podgruzilo the image of Medvedev in the cap with a hard-hitting slogan.

In November 2015 in Petrozavodsk was condemned by the local MP Mr Zavarkin. The occasion was his speech at the rally for the resignation of the head of Karelia, where he, according to the Prosecutor, stated: “…if we do not hear of the Russian Federation, will hold a referendum, I think. Does not need Karelia Russia — let’s disconnect it’s the right thing to be.” The video with the speech of the Deputy hit the Internet. And in Cherepovets in the current year was sentenced to 1.5 years activist who posted two pictures, “inciting hatred toward law enforcement officials”.

The number of people sentenced to fines, conditional and real terms, and has grown every year. With the adoption of “amendments Spring to go to jail freethinkers will be more often and for longer periods. Thus, article 282 of the criminal code appears lower threshold of penalty of two years in prison (now the lower threshold there is no), and the top will grow. Why not prematurely forgotten article 58, penalizing anti-Soviet activity? It is noteworthy that for the “reincarnation” of repression voted in the state Duma was not the Communists, United Russia and just Russia, which, apparently, in the Stalin era attracts not industrialization, and a General atmosphere of fear and a complete lack of unsanctioned public activity.

Equated lawmakers and “public calls to terrorist activity or justification of terrorism” on the Internet to the same action in mass media (article 205.2 of the criminal code). For violation of this article is proposed to punish by a fine from 300 thousand to 1 million rubles or imprisonment for up to seven years. What is considered “justification” is not clear, the article is blurred and creates scope for abuse. The vagueness of the wording in General is one of the scourges of the Russian legislation. As you know, we if you wish, the fraud can bring a completely legal business, and under the criminal disorderly conduct — minor violations during public events.

In fact, the regulatory work of the state Duma seeks to ensure that any activity, if desired, could be interpreted as criminal. Step to the left or right — DUSHECHKA”, standing on the spot fine. In the mass consciousness of fear is introduced that should, by design, lead to total self-censorship. Plyusuem and promoting a culture of snitching. Thanks to the former Prosecutor of Spring in the UK returned to the article about non-information. For “failure to report a crime” to be planted for a period of up to one year or a fine.

This rule runs the risk of becoming a help in the recruitment of militiamen extra “sticks”. Put one anti-state criminal, you can immediately arrest dozens of his friends and virtual friends. Saw his seditious articles or poems? Why not be vigilant? And don’t need “police thoughts” sit to monitor Internet conscientious citizens to turn in contra.

Besides, and to identify the range of communication now is not difficult, the state Duma has provided it. “The package of Spring” tightens controls over the Internet. Operators were obliged within six months to store the content of user messages and to provide the competent authorities of the means for decoding the encrypted correspondence. Failure entails a fine on legal entities-from 800 thousand to one million rubles.

And never mind that the rule poses a threat to citizens ‘ privacy and business. The operators estimated the damage from the bill storing data of mobile subscribers and Network users, in billions of rubles.

Impact of the amendment and for the work of “Mail of Russia”: this and other companies will have to check the parcel that they had nothing prohibited. Many people do not even suspect that the book in online stores or send each other “zapresheno”. Today recorded many cases of prosecution for innocent acquisition of a pen with a hidden camera or even baby monitor. All of this is considered to be spy equipment and also in the framework of the fight against terrorism is banned. Now we should expect the growth of these criminal cases.

Who have not yet realized, that after adoption of law should understand that at any time their package will be opened, and the conversations carefully studied by the authorities. In General, as sung by some United Russia called a CIA agent and the leader of the group “Kino” Viktor Tsoi: “Watch yourself, be careful!”.

Do not forget the deputies and about our younger generation. Here reminded of another song, namely, about the youngster, who is waiting for “heaven in a cage”. But now not only “a pill”. For some crimes in Russia established criminal responsibility from 14 years, and the “Spring package” increases the list of such crimes from 22 to 32. Among other things, 14-year-old will be tried for “participation in mass riots” (read — for the arrival on the rally of the opposition), but most importantly — for all the same non-information. Probably have to introduce in schools a special subject “Fundamentals of vigilance to teach our teenagers to recognize the enemy: “And the button is not ours, not our pocket…”. And to establish a medal of a name of Pavlika Morozova.

It turns out, those who are not ready to scribble denunciations (and maybe did not even know that do that?) or stumble really, and foolishly found myself in the company of extremists who will condemn from an early age. The man began way of life, could young be wrong, but it immediately hammer falls justice. Breaking fate, leaving no chance for further socialization.

In General, the next tightening of criminal law distorts its very essence. The adopted laws aimed at the fact not on rehabilitation or correction, and excluding people from society. The authors, apparently, proceed from the deliberate depravity of man disloyal, conformist opposition. This approach can be called xenophobic and repressive, the same in essence, nature had “class struggle” in the 30-ies, which became the justification of terror. That’s where the real excitement in a society of hatred and enmity — it is in the laws, not in reposts on the net!

Generation of disconnected, socially deformed people — that it will create that build? Of course, “the laws of Spring will be sooner or later cancelled some of the following convocations of the Parliament in which the majority is not the “United Russia” and not the “party of power” (“and is it possible? — the reader will ask. — It has already grown almost a whole generation who never lived under Putin, and not with the “United Russia”…). Anyway, time is father of truth. But if the paper norms can be corrected in one day, on the restructuring of the people takes much more time. And now paramount for all of us not to allow itself to become infected with the virus of fear, the fear to freely Express thoughts and to go where you want to go. The more will remain in the country is not morally maimed citizens, the faster will be the healing process around the state.

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