The Prosecutor General’s office are different opinions on the article 212.1 of the Criminal code (CC), which provides for liability for repeated violation of the rules during public events. This is stated in the opinion of the Supervisory authority on a complaint to the constitutional court Ildar Dading — the first Russian convicted under this article. The document was read “Vedomosti”.
Dading considers that article provides for criminal liability for formal violations only because of their repeated and threatened with imprisonment for actions that do not pose a threat to public order. It also provides for the use as evidence of materials about administrative offenses. A criminal case under this article may be filed even if not all court orders on administrative violations entered into force.
As stated in the opinion of the Deputy Prosecutor General Vladimir Malinovsky, the crime differs from an administrative violations to the fact that the first implies the existence of a public danger. The criminal code stipulates that actions that do not entail undermining the security because of their insignificance, should not be regarded as a crime. On this basis, according to the attorney General, the design of a crime with administrative prejudice corresponds to the concept of crime.
The newspaper “Kommersant” also managed to get acquainted with the opinion of the Prosecutor General on complaints Dading. The publication writes that Malinowski in the response emphasizes: “the Repeated Commission of offences cannot be considered as a circumstance that increases the severity of such actions to the level characteristic of crimes”. He also disagreed with the part that sets the number of cases of bringing to administrative responsibility (more than two) as a condition of criminal responsibility. Malinowski emphasizes that to resolve these contradictions need to change the criminal and possibly administrative law.
However, with the position of supervising Department do not agree neither the interior Ministry nor the justice Ministry, reports Vedomosti. The Deputy head of the Ministry of justice Sergei Gerasimov believes that the repeated Commission of administrative offenses, “evidence of the achievement of the goals of administrative punishment, it may be necessary to apply measures of criminal responsibility”, said in a note.
Agrees with him and MIA. According to authorities, violation of public order during the rally can interfere with other citizens to access public transport and public places. In the interior you can see the “increased danger to the public”.
The Ministry of justice believes an ambiguous note to the article, according to which the person under article 212.1 of the criminal code and once again violated the law on rallies, faces an administrative penalty.
The lawyer Kseniya Kostromina Dading in an interview with “Vedomosti” said that the “norm of the criminal code unconstitutional.” However, she noted that the interior Ministry, the Investigative Committee and the Supreme court does not agree with the arguments mentioned in the complaint.
In December 2014, Dading detained for violation of the order of the meeting. In January 2015, in relation to a criminal case, which was based on four of the five episodes, although at the time in force a resolution under only one of them. Now Dading is serving in a colony of 2.5 years of punishment according to article 212.1 of the criminal code. The constitutional court of Russia check this article on the complaint of a prisoner on January 24.