1. Obstructing the legitimate professional activities of journalists by forcing them to disseminate or refuse to disseminate information -
shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year.
2. The same act committed by a person using his official position, -
shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor labor for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without such.
3. Acts provided for in parts one or two of this article, coupled with violence against a journalist or his relatives or with damage or destruction of their property, as well as with the threat of using such violence -
shall be punishable by forced labor for a term of up to five years or imprisonment for a term of up to six years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
- Article 143. Violation of labor protection requirements
- Article 144.1. Unreasonable refusal to hire or unjustified dismissal of a person who has reached pre-retirement age
imprisonment for a term of at least six months with confiscation of all or part of the property.
132.
Carrying out actions provided for in Art. Art. 128–131 of this Code, in a combat situation or related to the supply of supplies to the Red Army and Navy and which may affect their combat effectiveness, -
imprisonment for a term of at least two years. (October 31, 1927 (SU No. 110, Art. 737)).
133.
Violation by the employer, both private individuals and relevant persons of state or public institutions and enterprises, of laws regulating the use of labor, as well as laws on labor protection and social insurance—
corrective labor for up to six months or a fine of up to three hundred rubles.
If this violation involves a group of workers of at least three people, is homogeneous in its composition in relation to all persons included in this group, and is committed against all of them at the same time -
imprisonment or correctional labor for up to one year or a fine of up to ten thousand rubles.
Placing an employee, in violation of labor protection rules, in such working conditions under which he lost or could lose his ability to work -
imprisonment for a term of up to two years or corrective labor for a term of up to one year or a fine of up to five hundred rubles.
Violation of rules on labor protection, safety precautions, industrial sanitation and hygiene established by local authorities in the manner of mandatory regulations, as well as resolutions, orders and instructions of the People's Commissariat of Labor [36],—
corrective labor for up to one month or a fine of up to one hundred rubles, imposed administratively.
133-a.
Refusal to hire women for reasons of pregnancy, as well as refusal to hire mothers who are breastfeeding, or reduction of wages for the same reasons -
corrective labor for up to six months or a fine of up to one thousand rubles.
If these violations are repeated, the punishment may be increased to two years in prison. (Decree of the Presidium of the Supreme Soviet of the RSFSR dated July 12, 1949 (“Gazette of the Supreme Soviet of the USSR” 1949 No. 35)).
134.
Violation by an employer of collective agreements, tariff agreements and agreements of conciliation chambers concluded by him with a trade union, if the malicious nature of the violation is established during the proceedings in a judicial or conciliatory manner, -
measures specified in parts 1 and 2 of Article 133.
135.
Obstructing the legal activities of factory and local committees, trade unions and their authorized representatives -
imprisonment or correctional labor for up to one year or a fine of up to one thousand rubles.
Chapter Six
Crimes against life, health, freedom and dignity of the individual
* 136.
Intentional murder committed: a) out of greed, jealousy (if it does not fit the criteria of Article 138) and other base motives, b) by a person who was previously convicted of intentional murder or bodily injury and who has served a social protection measure prescribed by the court, c) in a manner , dangerous to the lives of many people or especially painful for the murdered person, d) with the aim of facilitating or concealing another serious crime, e) by a person whose duty was to take special care of the murdered person, or f) taking advantage of the helpless position of the murdered person, entails -
imprisonment for up to ten years[37].
Murder committed by a military serviceman, under especially aggravating circumstances, -
capital punishment - execution. (September 1, 1934 (SU No. 34, Art. 206))
137.
Intentional murder committed without those specified in Art. 136 signs, -
imprisonment for a term of up to eight years.
138.
Intentional murder committed in a state of sudden strong emotional excitement caused by violence or severe insult on the part of the victim -
imprisonment for a term of up to five years or correctional labor for a term of up to one year.
* 139.
Murder by negligence, as well as murder resulting from exceeding the limits of necessary defense—
imprisonment for a term of up to three years or correctional labor for a term of up to one year.
* 140.
Performing abortions outside of hospitals or other medical institutions will result in a prison sentence of one to two years for the abortionist.
Performing abortions in unsanitary conditions or by persons without special medical education is punishable by imprisonment for a term of not less than three years[38]. (Decree of the Presidium of the Supreme Soviet of the RSFSR on January 11, 1956).
* 140-a.
Forcing a woman to have an abortion -
imprisonment for up to two years. (May 10, 1937 (SU No. 6, Art. 40)).
140-b.
Canceled. (Decree of the Presidium of the Supreme Soviet of the RSFSR, September 2, 1954).
141.
Bringing a person who is financially or otherwise dependent on another person, through cruel treatment of the latter or in any other similar way, to suicide or attempted suicide -
imprisonment for up to five years.
Assisting or inciting the suicide of a minor or a person who is obviously incapable of understanding the properties or meaning of what he is committing or of managing his actions, if suicide or an attempt on it follows—
imprisonment for up to three years.
* 142.
Intentional serious bodily injury resulting in loss of vision, hearing or any other organ, permanent disfigurement of the face, mental illness or other health disorder associated with significant loss of ability to work—
imprisonment for a term of up to eight years.
If death resulted from such damage, or if it was committed in a manner that is in the nature of torment or torment, or was a consequence of the infliction of systematic, even light, injuries, -
imprisonment for up to ten years.
143.
Intentional minor bodily injury, not life-threatening, but causing health problems, -
imprisonment or correctional labor for up to one year.
Intentional minor bodily injury that does not cause health problems -
corrective labor for up to six months or a fine of up to three hundred rubles.
144.
Bodily injury that meets the criteria of Part 1 of Art. 143, inflicted under the influence of sudden strong emotional disturbance caused by violence against a person or grave insult on the part of the victim -
corrective labor for up to six months or a fine of up to three hundred rubles.
145.
Negligent bodily injury, if it was a consequence of deliberate failure to comply with the rules of precaution established by law or government regulations, and entailed the consequences specified in Art. 142 and 1 part art. 143, —
corrective labor for up to one year or a fine of up to five hundred rubles.
Careless bodily injury that does not entail serious consequences -
corrective labor for up to six months or a fine of up to three hundred rubles.
146.
Intentional striking, beating and other violent actions involving the infliction of physical pain -
return 36
By a resolution of the Central Executive Committee, the Council of People's Commissars of the USSR and the All-Russian Central Council of Trade Unions on June 23, 1933, the CNT was merged with the All-Union Central Council of Trade Unions (NW USSR No. 40, Art. 238).
return 37
See Decree of the Presidium of the Supreme Soviet of the USSR of April 30, 1954.
return 38
See Decree of the Presidium of the Supreme Soviet of the USSR of November 23, 1955 “On the abolition of the ban on abortion”
Commentary to Art. 144 of the Criminal Code of the Russian Federation
Article 29 of the Constitution of the Russian Federation guarantees freedom of thought and speech, as well as freedom of mass information. The implementation of this right is largely associated with the professional activities of journalists.
The main object of the crime in question is the constitutional right to freedom of mass information, as well as the established procedure for the professional activities of a journalist. An additional object is freedom of the press and other media.
The victim of this crime may be a journalist fulfilling his professional duty.
The professional activities of journalists are understood as editing, creating, collecting or preparing messages and materials for the editorial office of a registered media outlet on the basis of an employment or other contractual relationship between the journalist and the editorial office of a registered media outlet or under its authority.
———————————
See: art. 2 of the Law of the Russian Federation “On the Mass Media” // Gazette of the SND and the Armed Forces of the Russian Federation. 1992. N 7. Art. 300.
The professional activities of journalists in the Russian Federation are carried out in accordance with the Law of the Russian Federation of December 27, 1991 N 2124-1 “On the Mass Media”.
Article 47 of this Law provides for the rights of a journalist. In particular, he has the right:
1) search, request, receive and disseminate information;
2) visit government bodies and organizations, enterprises and institutions, bodies of public associations or their press services;
3) be accepted by officials in connection with a request for information;
4) gain access to documents and materials, with the exception of their fragments containing information constituting state, commercial or other secrets specially protected by law;
5) copy, publish, disclose or otherwise reproduce documents and materials, subject to the requirements of Part 1 of Art. 42 of this Law;
6) make recordings, including using audio and video equipment, filming and photography, except for cases provided for by law;
7) visit specially protected places of natural disasters, accidents and catastrophes, riots and mass gatherings of citizens, as well as areas in which a state of emergency has been declared; attend rallies and demonstrations;
verify the accuracy of the information provided to him;
9) express your personal judgments and assessments in messages and materials intended for distribution, signed by yourself;
10) refuse to prepare, under his signature, a message or material that contradicts his beliefs;
11) remove his signature from a message or material, the content of which, in his opinion, was distorted during the editorial preparation process, or prohibit or otherwise stipulate the conditions and nature of the use of this message or material in accordance with Part 1 of Art. 42 of this Law;
12) distribute messages and materials prepared by him under his signature, under a pseudonym or without a signature.
The journalist also enjoys other rights granted to him by the legislation of the Russian Federation on the mass media.
The listed and other rights of a journalist are the implementation of the constitutional right to freely seek, receive, transmit, produce and distribute information in any legal way (Part 4 of Article 29 of the Constitution of the Russian Federation).
The objective side of the crime is expressed in the act in the form of obstruction of the legitimate professional activity of a journalist, and is also characterized by the method of obstruction - coercion to disseminate or refuse to disseminate information.
Obstruction is opposition by others by forcing journalists to disseminate information. Coercion can be carried out both by influencing a mass media body (threat of termination or suspension of its activities, destroying the circulation or part of it, and other similar acts), and by influencing the journalist himself. In particular, coercion can be expressed in the use of violence against the journalist himself or his relatives, in the threat of its use, in the destruction or threat of destruction of property, the threat of dismissal, demotion, blackmail, i.e. the threat of disclosure of undesirable information, and other actions that violate the legal rights and interests of the journalist (dissemination of information discrediting the journalist and his relatives, etc.).
Causing harm to other objects while obstructing the legitimate professional activities of journalists will require qualification for a set of crimes.
The dissemination of information means any form of bringing it to an indefinitely large circle of people, the mass consumer: publication, appearance on radio, television, etc.
The corpus delicti is formal. The crime is over from the moment the act itself is committed, regardless of whether it was possible to get the journalist to disseminate or refuse to disseminate this or that information.
The subjective side of the crime is characterized by guilt in the form of direct intent. The person is aware that he is interfering with the legitimate professional activities of a journalist, using coercion to disseminate or refuse to disseminate information, and wishes to carry out such actions.
The subject of the main crime is general. He is a sane person who has reached the age of sixteen. In a qualified composition, a special subject is an official of the media outlet where the journalist works, or any other person with an official position that is used to impede the legitimate professional activities of the journalist.
