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Friday, March 23, 2018

Putin proposed the Amnesty was timed to the centenary of the revolution

The Council for development of civil society and human rights under the Russian President offered the Kremlin to hold in honor of the 100th anniversary of the revolution of 1917 and the criminal, and administrative Amnesty. In the state Duma skeptical about the idea to release from punishment of the many victims Coapa, but are willing to do the will of Vladimir Putin, whatever it was.

photo: Gennady Cherkasov

The head of the HRC Mikhail Fedotov told “MK” that the letter sent to the presidential Administration, says about the concept of Amnesty in the broadest sense, that is, and on the criminal, and administrative. “We usually have Amnesty are held every two or three years, last time was in 2015, in honor of the 70th anniversary of the Victory, and now is a suitable occasion – the 100th anniversary of the revolution of 1917”, – he explained. The last Amnesty, like all the previous in the modern history of Russia, were administrative criminal not performed even once, although in Cao such provided.

According to the Constitution, the Declaration of Amnesty is the exclusive privilege of the state Duma: adopted her on this account the resolution does not require approval of the Federation Council and the President’s signature. Why is the HRC not addressed to Okhotny Ryad, and in the Kremlin? According to Mr. Fedotov, “has become a tradition that in recent years the state Duma announces an Amnesty only on the initiative of the head of state”.

Yet, he says, the contours of a future Amnesty human rights defenders outlined in General terms: “the Specific compositions and articles of the criminal code and administrative code – the subject of a detailed discussion after a decision in principle”. The members of the HRC believe that it would be possible, for example, to grant Amnesty to perpetrators of criminal offences, the maximum penalty for which does not exceed 3 years of deprivation of liberty (that is minor). With regard to administrative Amnesty – natural and legal persons could be exempted from such punishments as fines, deprivation of special rights, community service, suspension of activities, temporary prohibition on attending sporting events.

At the same time, specifies g-n Fedotov, “we believe it is impossible to apply Amnesty concerning those who are deprived of rights for driving while intoxicated”.

Among the proposals of the HRC there is a reduction of the period of validity of prohibition on entry to Russia for foreigners. But such Amnesty is not in the strict sense of the word, either criminal or administrative, because the ban on the entry prescribed in migration legislation.

In the state Duma of the details are not yet know. “If the initiative will go – will discuss,” – said “MK” speaker Vyacheslav Volodin. But strange to Russia’s administrative Amnesty makes the MP a lot of questions.

The head of the Duma Committee for labor and social policy Yaroslav Nilov (LDPR) in conversation with “MK” reminded that in 2015, the LDPR faction proposed in conjunction with the criminal to carry out administrative Amnesty for drivers, previously deprived of rights because their body was recorded alcohol greater than zero but less valid at that moment of 0.16 ppm in the exhaled air. “But our draft of the resolution to investigate”,- said the Deputy. He said the idea of the HRC “good”, but offers “to see what people brought to justice, if we talk about the deprivation of rights – can grant Amnesty going into the oncoming lane or left the scene of the offense, because the markup is incorrect, and the bases on the road a lot.”

The head of the Committee on state construction and the legislation Pavel Krasheninnikov (United Russia) commented on the “MK” the proposals of the HRC “Legal administrative Amnesty exist, but here, in my opinion, possible not a very fair decision. It turns out that the one who performed my civic duty and answer for the violation by paying the fine, punished, and those who pay may not be collected – no.” MP warns: “even just talking about the possibility of such amnesties can provoke a massive non-performance penalties”.

Mr. Krasheninnikov drew attention to another aspect of the problem: “When we are talking about criminal Amnesty, in addition to regulations which lists categories of persons falling under it, was adopted a resolution on the order of execution, where prescribed, which authorities, in what time frame are obliged to review the cases and close them, freeing convicted inmates from execution of the punishment. Given the huge number of authorities who have the right to have the administrative case, I’d like to see a resolution on the order of execution broad administrative Amnesty, which, as can be understood, is referred to in the proposals of the HRC”.

Administrative proceedings under the administrative code can make 69 of authorities of different levels, including the police, tax officers, customs officers and border guards, in many cases, the punishment determined by the court.

Familiar with the situation the expert of the Higher school of Economics, who asked to remain anonymous, too, “with great difficulty imagine how it is possible to implement an administrative Amnesty,” as “there are many nuances that need to be taken into account”. According to him, the Amnesty would make sense for those who are punished under articles, where repetition is threatened with criminal case, as in the case of violation of the rules of holding public events, while drunk driving, beatings or non-payment of alimony.


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