Without citizenship and the right to exit: what new cars will bring to the extremists

The state Duma Committee on security prepared for the second and third readings the so-called anti-terrorist package of amendments that caused a stir among politicians and human rights activists. The document began to be prepared 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 at a joint meeting of MPs and senators discussed the need for stricter anti-terrorist legislation. The package was developed with the participation of the security Council, told the interlocutors of the Committee on security.

Despite the volume of the document (changes are made to more than 20 laws, codes and other instruments) and the resulting response, for consideration of his updated version at the meeting of the security Committee on Monday took a little over 15 minutes. MPs without discussion, and promptly recommended the adoption of the package in the second and third readings on Wednesday, June 22.

Travel restrictions

The law “On procedure of exit from Russia and entry to Russia” in an article on temporary restriction on travel will introduce a new item. Can’t leave the country people with a criminal record for committing at least one of the following crimes: a terrorist attack, promoting terrorist activities, public calls to terrorist activity or public justification of terrorism, training in order to carry out terrorist activities, organization of terrorist community and participation, the organization of activities of a terrorist organization and participation in the activities of an organization, the organization of illegal armed formation or participation in it, hijack the plane or train for terrorist attack, an act of international terrorism.

The exit will be limited for those who commit associated with terrorist activities crimes under articles “the encroachment on life state or the public figure”, “violent seizure of power or forcible retention of power”, “armed rebellion”, “the attack on persons or institutions that enjoy international protection” — until maturity or overturned. This includes persons convicted for crimes of an extremist orientation.

Initially, the parliamentarians proposed to limit the departure 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, hijacking or seizure of the aircraft or train, as well as planning, preparing or initiating aggressive war, use of prohibited means and methods of warfare, genocide and an act of international terrorism. The norm on the five-year limitation of the new edition removed. However, the specific extremist article, which will limit the travel, still not specified.

Tougher punishment for organizing illegal migration (article 322.1 of the criminal code). It provides for fines, forced labor, imprisonment. Parliamentarians will leave only the last — a prison term of up to five years.

Deprivation of citizenship

The Commission of act of terrorism or similar crimes will equate to the voluntary refusal of the Russian citizenship.

The original version of the bill proposed simply to deprive of citizenship for terrorism or hostage-taking, an encroachment on life state or the public figure, violent seizure of power, armed rebellion, diversion, public appeals to extremist activities and separatism. Now it is proposed to consider the perpetrators of these crimes voluntarily renounced citizenship. In the list of “volunteers” will include those sentenced for “extremist” articles (incitement of hatred or enmity, organization of an extremist community and the promotion of extremist activities).

Under current law, to cancel the decision on granting of the Russian citizenship only in the case that was filed about documents.

In the new version there are additional grounds for deprivation of citizenship of those who were not recognized as a criminal. Voluntarily released from Russian citizenship will be considered as the people working “without the consent of the competent organs” in Russia in international organizations in which Russia does not participate, unless otherwise stipulated by an international Treaty of Russia. Such persons will be deprived of citizenship from the date of joining.

Also “volunteers” will be considered as people entered military service in the security or law enforcement or in the courts of a foreign state.

According to the Chairman of the Collegium of advocates “starinsky, Cartago and partners” Eugene Cartago, the introduction of “voluntary” deprivation of citizenship along with a ban on leaving will create a legal conflict. “Convicted for the aforementioned individuals deprived of Russian citizenship, who could not go to get the citizenship of another country, it’s strange,” said Mr. Cartago. In his opinion, in the future it may become the cause of the proceedings in the constitutional court.

Missionaries under control

Religious organizations will be obliged to indicate its full official name in their literature, printed, audio and videos. Incomplete or false labeling will lead to fines of 30-50 thousand rubles with confiscation of materials.

The amendments propose to introduce in the law on freedom of conscience, the concept of missionary activity. Under it, the authors of the document understand the propagation of the faith and religious beliefs outside of religious buildings and structures or other facilities used for religious purposes. The belief in this case are considered public religious ceremonies, distribution of religious literature and other materials, public fundraising, preaching.

Missionary or preaching activity in violation of legislation on freedom of conscience entails a fine for citizens in amount of 5-15 thousand rubles, and for legal entities — from 100 thousand to 1 million rubles If the offense committed by the foreigner, he will issue a fine of 30-50 thousand rubles, with the possibility of expulsion from the country.

The missionaries were forbidden to operate in residential areas. In addition, the amendments will prohibit the transfer to non-residential premises for religious activities.

According to a leading researcher of the Institute of Europe RAS Roman Lukin, based on the text of the amendments the government is trying to control all religious and missionary activity. “These amendments directly violate the individual right to propagate and profess their beliefs,” — said Lukin. In his opinion, they are contrary to the human freedom to profess and propagate any religious beliefs.

According to the theologian, Professor of Moscow state University Vladimir Vinokurov, the amendments are primarily aimed at the regulation of religious activities in the Internet. “This missionary activity outside places of worship,” explains Vinokurov. Another reason for the introduction of amendments Vinokurov calls the attempt to localize the new religious movements.

The punishment for extremism

In the wording of the bill a second reading the MPs have decided to greatly increase the fines and prison sentences for “extremist” articles of the Criminal code.

The incitement of hatred or enmity, humiliation of human dignity on grounds of gender, race, nationality, language, origin, attitude to religion, etc., committed publicly, in the media or on the Internet, will be punished by fines of 300-500 thousand rubles. (instead of 100-300 thousand rubles under the current law), or by forced labour for a period from one year to four years with deprivation of the right to occupy certain positions for up to three years, or by deprivation of liberty for a term of two to five years (four years under current law).

Increase the punishment for organization of an extremist community (article 282.1 of the criminal code). Fines reach from 400 to 800 thousand rubles. (instead of 200-500 thousand rubles) and imprisonment for six to ten years (currently two to eight). With the encouragement and recruitment to extremist community fines will increase to 300-700 thousand rubles. (now 100-300 thousand rubles) and imprisonment up to four to eight years (currently one year to six).

Repeatedly will increase the penalty for participation in an extremist community and organization of an extremist organization, with the encouragement and recruitment to extremist organizations, etc.

The state Duma will introduce a new part to article 212 of the criminal code (mass riot). It is proposed to Supplement the article with a new part. For inducing, procuring, enticement into the organization of mass riots accompanied by violence, pogroms, arson, destruction of property, use of weapons, explosive devices, etc., face fines of 300-700 thousand rubles. or imprisonment for a term of five to ten years.

Toughening of punishments for “extremist” articles makes no sense, said Cartago. “The maximum increase in punishment is not associated with the prevention of crime”, — says the lawyer. According to him, such tightening leads to the intimidation of the population and increased internal negativity.

More powers to the FSB

The laws on the FSB and SVR will complement the new items. These services will be able to get free from government bodies and state extra-budgetary funds access, including remote, to the information systems and databases.

The FSB and SVR were able to access the databases of state bodies and state extra-budgetary funds, says President of the international counter terrorism Association Joseph Linder. “Previously, it was necessary to obtain the appropriate prescription, and the consent of the Prosecutor. It was necessary to open a criminal case or operative, and now the access system is simplified,” says the expert.

For failure to provide “organizers of information distribution” (messenger, social networks) FSB information necessary to decode the electronic messages that threatened punishment for citizens in the amount from 3 thousand to 5 thousand rubles, for legal entities — from 800 thousand to 1 million rubles.

Use media or Internet for disclosing state secrets will cost of the fine for legal entities from 400 thousand to 1 million rubles.

The law on operational-investigative activity in the list of operational search actions add a new item called “getting computer information”. What is computer information, is not explained.

The operators compared to the initial version of the bill the conditions eased. It is suggested to make the government, in its response to the bill. Now they will have to store the information in Russia for three years about the calls, messages, letters, etc. messages, voice information, images, sounds, etc. that the authors of the bill initially proposed to store three years, operators will keep six months. Operators will be required to provide law enforcement agencies the above information. All of the above will be required to do and the organizers of the dissemination of information.

Other innovations

Many novels left in the version that was in making the package.

The criminal code introduced a new article — “an Act of international terrorism”. As such, the authors of the bill believe the Commission abroad of offences affecting the citizens of Russia. The attack is recognized international if his goal was to “violations of peaceful coexistence of States and peoples” or working “against the interests of Russia”. Such actions will be punished by imprisonment for a term of 15 to 20 years or for life.

Remained unchanged lowering to 14 years the minimum age of responsibility. Criminal responsibility from 14 years to come for the training in order to carry out terrorist activities, participation in a terrorist community. With this age comes the full responsibility for the encroachment on life of the statesman and participation in mass riots.

Also, the criminal code introduced article 205.6 — “failure to report a crime.” It provides up to three years of imprisonment if the citizen does not reported to law enforcement agencies about the impending crimes of the “terrorist” articles. Another new clause — “Promotion of extremist activities”.