The state Duma adopted in the first reading the so-called “anti-terrorist package of amendments offering to limit the departure from Russia for five years and to revoke the citizenship of persons involved in terrorist activities.”Voted 287 deputies, against — 7 people in total voted 294 deputies out of 450. Supported the bill only of the faction “United Russia” and “Fair Russia”.
Restrictions on travel
The amendments introduced in the state Duma the Chairman of the Committee Irina Yarovaya and Chairman of the Federation Council Committee on defense Viktor Ozerov at the beginning of April, enter into the criminal code a new article — “an Act of international terrorism”. Punishment on it — imprisonment for the term from 15 to 20 years with restriction of liberty for a term up to two years or with life imprisonment.
MPs have also been proposed as measures to combat terrorism to expand the list of grounds for prohibition of the Russian citizen to leave the country. The authors propose to limit the travel of five years for persons who had been declared an official warning about the inadmissibility of actions creating conditions for Commission of crimes under articles of terrorism, hostage-taking, etc.
Will also significantly expanded the grounds for cancellation of the decision about assignment of the Russian citizenship, and also will increase the number of cases in which is introduced the counter-terrorism operation. The bill also would lower to 14 years the minimum age of responsibility for terrorist crimes, and toughen penalties for them.
In addition, the operators within three years will be able to store and to provide the authorities with information about the committed subscribers calls and sent messages. The MPs also want to oblige companies to disclose their contents, but also images, sounds, or other communications” user.
These changes were prepared by Parliament after the terrorist attack on Board an A321 aircraft in Egypt in October last year, and a series of terrorist attacks in Paris on 14 November. On 20 November took place the meeting of the state Duma and the Federation Council, which discussed the need for stricter anti-terrorist legislation. Before amendment the bill was under consideration of the security Council, told the interlocutors in the security Committee.
The government in the official opinion on the bill supported its passage, but with certain conditions. The Cabinet considered that the volume of the information that the bill proposes to store operators, should be reduced “given the technical capabilities of the operators and organizers of information distribution”.
The legal Department of the state Duma in its opinion expressed much tougher. The Duma lawyers say that the proposed punishment for an act of international terrorism is higher than the penalty for committing a terrorist act in Russia. The punishment for aiding and abetting is also higher than for terrorism, indicates control. These discrepancies lawyers believe the disproportionate and unfair.
The Supreme court has spoken similarly. “By virtue of the principles of proportionality and fairness of the punishment prescribed in the sanction of article of the criminal law for the crime must fit the nature and degree of public danger of the act and also relate to the types and sizes of penalties prescribed for other crimes, given their relationship,” reads the court’s opinion.
The CPRF and the LDPR against
On consideration of the bill in Committee MPs criticized the authors of the bill for the lack of statistical data, motivating their initiative. At the Spring session of the Duma responded to the criticism and cited statistics. According to her, there are data on the increase in the number of persons aged from 14 to 16 years, trained and combat training in the Syrian city of raqqa, currently, is 350 people. “On may 1, 2016 3400 set of Russian citizens, suspected of involvement in the activities of international terrorist organizations in Syria and Iraq,” — said Yarovaya. In addition, according to the MP, in 2015 increased number of cases on terrorist crimes from 345 in 2014 to 648 last year. Spring also indicated that warnings for persons involved in terrorist activities, are a preventative measure. In 2014, it was announced 76 warnings, in 2015 – 209, said the Deputy.
Critics of lowering the age of criminal responsibility mood on a number of articles Yarovaya said that the children in the U.S. are responsible for crimes from the age of 10, in France 13, in Germany 14.
Deputy Chairman of the Duma Committee on legislation Yuri sinelschikov (CPRF) said that the faction will not support the bill in the proposed version. According to him, amendments should be discussed in his Committee as a profile, and also with the Prosecutor General, the Ombudsman for children’s rights, etc. the Communists against the expansion of powers of investigators for fear of abuse, lowering the age of criminal responsibility from 14 years, at the Institute of deprivation of citizenship, etc. However, to combat terrorism, the Communist party advocates the abolition of the moratorium on the death penalty and introduction of confiscation of property of those convicted of terrorism.
The faction of the liberal democratic party also criticized the proposals of Spring. Deputy Sergei Ivanov, speaking from the faction, said that the proposed measures will not help to fight terrorism, and “spawn” a variety of criminal cases.
Spring said in response that the Committee will consider all proposals for the second reading.