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Saturday, December 3, 2016

The ban on Stalin: as to whether the dead leader individuals


Campaign for elections of deputies of the state Duma, scheduled for September 18 is in full swing, but no interest from the vast majority of the population, it doesn’t cause what regret sociologists say. Meanwhile, in the course of the sluggish electoral process is the search for answers to serious philosophical questions…

An interesting story is unfolding before our eyes.

In the spring of this year came into force the law that changed the rules of campaigning. It says that the use of a political party on posters, leaflets or videos or images of an individual now is allowed only in case if we are talking about its roster of candidates. And the candidates in single-member districts can use in the campaign only its own image, “including an indefinite number of persons”, that is, in the crowd. For example, any member may be depicted next to the Prime Minister, who heads the list of the ruling party, but cannot be depicted next to the President, who is now not running anywhere.

But a group of deputies from the liberal democratic party almost immediately submitted to the state Duma a bill that proposes to Supplement these bans another: “using the image of the citizen after his death, including photographs, video recordings with his image. “Use during the campaign, for example, the images of Ivan the terrible, Peter the great, Yuri Gagarin, Vladimir Lenin is an attempt to project itself authority and popularity of dead people with no connection to the candidates and parties do not have”, — explained the logic of the authors of one of them, the head of the Duma Committee on public associations and religious organizations Yaroslav Nilov. According to him, “definite answer to the question of whether the deceased person as an individual and if it qualifies for a ban on the use of images, could not be found and it was decided to try to clarify the existing rules”.

This initiative has not been considered at the last session of this convocation — it was sent for opinion to the government.

In the meantime…

Last week, the Krasnoyarsk electoral Committee has considered violating the rules of campaigning printed materials of the Communist party, which adorned and “leader of the world proletariat comrade. Lenin and “the father of all peoples” tov. Stalin, but changed his mind after the CEC said that this understanding of the law “interpretation, unrelated to reality.” Head of legal services KPRF Duma Deputy Vadim Solovyov recalled, “MK”, what about the history of Krasnoyarsk party filed a complaint to the CEC, but the official response has not been received.

In the Chelyabinsk region, the election Commission wanted to prohibit the distribution of leaflets and posters with the long-dead chiefs, but after learning the position of the CEC, from this scheme refused.

The CEC believes that the dead citizens — NOT individuals and their image of the legislative prohibition does not apply. But recently in the state Duma the official response of the government on the same bill, the liberal democratic party. It summarizes the restrictions on the use of images of persons in the course of the campaign and concludes: “the inadmissibility of the use of campaign materials in the image of a natural person after his death is already stipulated by the electoral legislation of the Russian Federation” — and no new updates are not needed.

As in the current electoral legislation focuses only on the “images of individuals,” actually, it turns out that the government think that people are “individuals” and after death!

Lawyers interviewed by “MK”, another opinion. One of them, an expert in civil law, who wished to remain anonymous, was categorical: “individual people can only be in this life. And the lawyer Oksana mikhalkina said that “from the point of view of Russian legislation, the legal capacity arises from the moment of birth and ceases with the moment of biological death, after death, to be subject to any legal person. This is stated in the Civil code. Protection of moral rights after the death of the deceased, among which the right to a name and the use of images — the case of the heirs, if any and Express outrage.

Again we have before us a law that the enforcers are treated differently! If this happens — so, or well-written the law intentionally or by ignorance of the law is violated, or the law not written very well (consciously or because of legal carelessness) and allows for dual interpretation. Unfortunately, the electoral law happens everywhere and the first and second.

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