The territorial integrity and inviolability of the state borders of the Russian Federation is one of the fundamental criteria of the constitutional system. But, unfortunately, some citizens of our country or representatives of foreign countries do not comply not only with our legislation, which ensures the inadmissibility of calls for changes in the constitutional system, but also with a number of international legal acts aimed at countering extremist activities. The purpose of this article is to consider the provisions of the current legislation, in particular the establishment of punishment for calls for violation of the territorial integrity of the Russian Federation, as well as to determine what features of this crime exist and their subsequent qualifications.
Punishment for violating the territorial integrity of the Russian Federation.
Laws on liability for violation of territorial integrity and calls for this have been published
The President signed laws on criminal liability for violating the territorial integrity of the Russian Federation and on the introduction of administrative prejudice for public calls for actions aimed at violating the territorial integrity of the state (bills No. 989291-7, No. 989303-7).
As AG previously wrote, the amendments are aimed at implementing the new Part 2.1 of Art. 67 of the Constitution, according to which Russia ensures the protection of its sovereignty and territorial integrity. Calls for the alienation of part of the territory of the state and actions aimed at such alienation are not allowed. The exception is the delimitation, demarcation and re-demarcation of borders with neighboring states.
During the consideration of draft laws by deputies, they underwent virtually no changes.
Amendments to the Criminal Code and Code of Criminal Procedure
The State Duma proposed imprisonment for 10 years for violating territorial integrity
The deputy noted that since the Constitution enshrines a direct ban on the alienation of part of the country’s territory, it is proposed to supplement the Criminal Code with a new article. 280.2 “Violation of the territorial integrity of the Russian Federation.”
Punishments under this article may be as follows:
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- for violation of territorial integrity - imprisonment for a term of six to ten years;
- for public calls for violation of territorial integrity - imprisonment for up to four years;
- for calls for violation of territorial integrity via the Internet - a fine of up to 300 thousand rubles.
Draft amendments to the Criminal Code, the Criminal Procedure Code and the Code of Administrative Offenses (CAO) to implement the rule banning the alienation of territories have been sent to the government and the Supreme Court for feedback. After this, the initiatives will be able to be submitted to the State Duma, Krasheninnikov added.
The head of the Federation Council Committee on Constitutional Legislation and State Building, Andrei Klishas, said that the law on the inadmissibility of violating territorial integrity could be adopted by parliament before the end of July. According to him, the bill will cover, for example, parties that want to include in the program a provision on giving up Crimea.
How the Russian Constitution will change. Main amendments Policy
According to him, parliamentarians have divided the entire topic of amendments to the Constitution into 90 positions, while changes and additions will need to be made to about 100 laws. He added that Federation Council Speaker Valentina Matvienko has already instructed the committees to begin this work.
The nationwide vote on amendments to the Constitution lasted for a week - from June 25 to July 1. According to the Central Election Commission (CEC), the voter turnout was 67.97%. According to calculations, 57.7 million Russians voted in favor of amending the Constitution - 77.92% of those who voted; 15.7 million - 21.27% - were against.
Amendments to the Russian Constitution came into force on July 4. The corresponding decree was signed by the President. By the same decree, the head of state decided to publish the Basic Law with the amendments made to it on the official Internet portal of legal information.
A criminal article will appear on violation of the territorial integrity of Russia
The State Duma adopted today, September 22, in the first reading, amendments to the Code of Administrative Offenses, and to the Criminal Code and the Criminal Procedure Code of the Russian Federation - on the introduction of new norms of administrative liability and on strengthening criminal liability for actions aimed at alienating part of the territory of the Russian Federation, and for calling for such actions.
As stated by State Duma Speaker Vyacheslav Volodin , the bills are aimed at implementing in federal legislation new norms of the Constitution of the Russian Federation, which were supported by the majority of our citizens. He recalled that at the end of the last session, parliament adopted a law on the protection of territorial integrity, according to which actions aimed at alienating part of the territory of the Russian Federation, as well as calls for such actions, are equated to extremism.
“The bills adopted today propose to increase liability for such calls or actions,” he added.
“Any calls to separate the region or part of it from Russia are unacceptable and must be strictly suppressed. If the call for the alienation of territories of the Russian Federation was made for the first time, then the responsibility will be administrative, and you will have to pay a significant fine. If the offense is repeated, the liability will become criminal - up to four years in prison. If calls are followed by actions, the punishment could be up to ten years in prison,” Volodin commented.
He emphasized that “these are specific, effective measures to protect sovereignty and territorial integrity, which are necessary in the face of the challenges that Russia faces today.”
What is proposed in the bills?
One of the bills proposes to change the conditions for bringing to criminal liability for public calls for actions aimed at violating the territorial integrity of the Russian Federation, introducing administrative prejudice. If the offense is committed for the first time, it will be punished administratively, and not criminally, as is currently established. And only if a repeated act is committed within a year, criminal liability will follow (under Article 280.1 of the Criminal Code of the Russian Federation “Public calls for actions aimed at violating the territorial integrity of the Russian Federation”). At the same time, it is proposed to increase criminal fines, setting from 200 to 400 thousand rubles, and the term of imprisonment remains the same - up to four years.
In the case of administrative liability, when public calls are made for the first time, punishment is provided under the new article 20.3.2 of the Code of Administrative Offenses. Fines for citizens will range from 30 to 60 thousand rubles; for officials - from 60 to 100 thousand rubles; for legal entities - from 200 to 300 thousand rubles.
Increased fines are provided for cases where public calls are made using the media, the Internet, or other information, telecommunications or electronic networks: for citizens - from 70 to 100 thousand rubles; for officials - from 100 to 200 thousand rubles; for legal entities - from 300 to 500 thousand rubles. Cases regarding these administrative offenses will be initiated by prosecutors, with further consideration in district courts.
It is proposed to introduce a new article “Violation of the territorial integrity of the Russian Federation” into the Criminal Code. It provides for criminal liability for the alienation of part of the territory of the Russian Federation or other actions aimed at violating territorial integrity (with the exception of work to determine borders with neighboring states). The punishment is imprisonment for a term of six to 10 years.
According to the Chairman of the Committee on State Building and Legislation Pavel Krasheninnikov , the proposed changes will ensure the development of important constitutional provisions on the protection of the territorial integrity of our country, and will also make the punishment for public calls for the alienation of territories proportionate, distinguishing between administrative and criminal liability.
Characteristic
To begin with, we should touch upon the most pressing issue that mainly liberal-minded citizens like to discuss - this is the constitutional right to freedom of speech, granted and guaranteed to every person. Using this right, people who, by hook or by crook, are trying to change the existing order of things and the administrative structure of the state, or at least put pressure on the adoption of certain decisions, call on the people of their country and foreign countries to take certain decisions to change state borders and, for example, secede from Russia and declare independence.
The most relevant topic for this is the annexation of Crimea in 2014 to the Russian Federation, or, as it would be more correct and fair to say, the reunification of Crimea with the Russian Federation, which has haunted many for the past 4 years. It is necessary to understand that the current legislation establishes the introduction of restrictions on freedom of speech if it is justified and justified by current international and constitutional regulations, which include the protection of territorial integrity.
Composition and punishment
The crime in question is included in the concept of extremist activity, since the focus of its implementation relates to illegal changes to the current constitutional system of the country. But within the framework of the Criminal Code of the Russian Federation, there is a separate article, introduced in 2013 and received the latest edition in July 2014 under number 280.1, which establishes the crime and punishment for calls for action to change the territorial integrity of the Russian Federation, namely:
- Public calls for actions aimed at violating the territorial integrity of the Russian Federation are 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 forced labor for a term of up to three years, or arrest for a term of four to six months, or imprisonment for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for the same period.
- The same acts committed using the media or electronic or information and telecommunication networks (including the Internet) are punishable by compulsory labor for a term of up to four hundred eighty hours with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
As can be seen from part one, the objective side of the crime is expressed in the implementation of a public statement, the meaning of which is a call to commit actions to change/violate the existing territorial integrity (change of state borders). Taking into account the above, it should be noted that the crime in question is formal, which is considered completed from the moment the public call begins.
The publicity of the appeal manifests itself in any form of publicity - this is oral or written form, the use of technical means, declaration at a public speech through the media, including those reproduced on the Internet, as evidenced by the provisions of part two of Article 280.1 of the Criminal Code of the Russian Federation.
It is necessary to understand that, for example, a speech on the Internet in itself does not automatically become a public speech, since this responsibility is assigned to the courts, which consider each specific case taking into account all available circumstances (choice of audience, presence of an extremist note in statements, etc. ).
