ST 280 of the Criminal Code of the Russian Federation.
1. Public calls to carry out extremist activities - 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 forced labor for a term of up to three years, or by 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.
2. The same acts committed using the media or information and telecommunication networks, including the Internet, are punishable by forced labor for up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years. or without it, 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.
Commentary to Art. 280 Criminal Code
1. In Art. 1 of the Federal Law of July 25, 2002 N 114-FZ “On Combating Extremist Activities” provides a wide list of acts that fall under the concept of extremist activity (extremism). Among other things, extremism includes a violent change in the foundations of the constitutional system and violation of the integrity of the Russian Federation; public justification of terrorism and other terrorist activities; inciting social, racial, national or religious hatred; obstruction of the legitimate activities of government agencies, propaganda and public display of Nazi paraphernalia or symbols; mass distribution of obviously extremist materials, etc.
2. The objective side is expressed in the form of action: public calls to carry out extremist activities. Public appeals are an active appeal (campaign) to citizens in oral, written or other form (using technical means, including the Internet) to influence them in order to incline them to extremist actions. Calls can be expressed in speeches at rallies, meetings, other public events, in the form of extremist slogans during demonstrations, marches, etc. These actions using the media, information and telecommunication networks, including the Internet (Part 2) , form a qualified crime. On the objective signs of a crime, also see paragraph 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 28, 2011 No. 11 “On judicial practice in criminal cases involving crimes of an extremist nature.”
3. The crime is considered completed from the moment of public proclamation (dissemination) of at least one appeal, regardless of the achievement of the set goals.
Section X. CRIMES AGAINST STATE AUTHORITY
Chapter 29. CRIMES AGAINST THE FUNDAMENTALS OF THE CONSTITUTIONAL
BUILDING AND SECURITY OF THE STATE
Article 275. High treason
High treason, that is, espionage committed by a citizen of the Russian Federation, the issuance to a foreign state, international or foreign organization or their representatives of information constituting a state secret, entrusted to a person or becoming known to him through his service, work, study or in other cases provided for by the legislation of the Russian Federation, or providing financial, logistical, consulting or other assistance to a foreign state, international or foreign organization or their representatives in activities directed against the security of the Russian Federation -
(as amended by Federal Law No. 190-FZ of November 12, 2012)
shall be punishable by imprisonment for a term of twelve to twenty years with a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or without it and with restriction of freedom for a term of up to two years.
(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated December 27, 2009 N 377-FZ)
Note. A person who has committed crimes provided for in this article, as well as articles 276 and 278 of this Code, is exempt from criminal liability if he, by voluntary and timely notification to the authorities or otherwise, contributed to the prevention of further damage to the interests of the Russian Federation and if his actions do not contain other elements crimes.
Commentary on Article 275
Article 276. Espionage
Transfer, collection, theft or storage for the purpose of transfer to a foreign state, international or foreign organization or their representatives of information constituting a state secret, as well as transfer or collection on the instructions of foreign intelligence or a person acting in its interests, other information for use against security Russian Federation, that is, espionage, if these acts were committed by a foreign citizen or a stateless person -
(as amended by Federal Law No. 190-FZ of November 12, 2012)
shall be punished by imprisonment for a term of ten to twenty years.
Commentary on Article 276
Article 277. Encroachment on the life of a state or public figure
An attack on the life of a statesman or public figure, committed for the purpose of stopping his state or other political activities or out of revenge for such activities, -
(as amended by Federal Law dated July 27, 2006 N 153-FZ)
shall be punishable by imprisonment for a term of twelve to twenty years with restriction of freedom for a term of up to two years, or life imprisonment, or the death penalty.
(as amended by Federal Laws dated July 21, 2004 N 73-FZ, dated December 27, 2009 N 377-FZ)
Commentary on Article 277
Article 278. Forcible seizure of power or forcible retention of power
Actions aimed at forcibly seizing power or forcibly retaining power in violation of the Constitution of the Russian Federation, as well as aimed at forcibly changing the constitutional system of the Russian Federation -
shall be punishable by imprisonment for a term of twelve to twenty years with restriction of freedom for a term of up to two years.
(as amended by Federal Law dated December 27, 2009 N 377-FZ)
Commentary on Article 278
Article 279. Armed rebellion
Organizing an armed rebellion or active participation in it for the purpose of overthrowing or violently changing the constitutional system of the Russian Federation or violating the territorial integrity of the Russian Federation -
shall be punishable by imprisonment for a term of twelve to twenty years with restriction of freedom for a term of up to two years.
(as amended by Federal Law dated December 27, 2009 N 377-FZ)
Commentary on Article 279
Article 280. Public calls for extremist activities
(as amended by Federal Law No. 112-FZ of July 25, 2002)
1. Public calls for extremist activities -
(as amended by Federal Law No. 112-FZ of July 25, 2002)
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 forced labor for a term of up to three years, or by arrest for a term of four to six months, or by imprisonment freedom 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.
(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated July 20, 2011 N 250-FZ, dated December 7, 2011 N 420-FZ, dated February 3, 2014 N 5-FZ)
2. The same acts committed using the media or information and telecommunication networks, including the Internet, -
(as amended by Federal Law dated June 28, 2014 N 179-FZ)
shall be punishable by forced labor 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 or without it, 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 amended by Federal Law dated December 7, 2011 N 420-FZ)
Commentary on Article 280
Article 280.1. Public calls for actions aimed at violating the territorial integrity of the Russian Federation
(introduced by Federal Law dated December 28, 2013 N 433-FZ)
1. Public calls for actions aimed at violating the territorial integrity of the Russian Federation -
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 forced labor for a term of up to three years, or by arrest for a term of four to six months, or by imprisonment freedom 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.
(as amended by Federal Law dated July 21, 2014 N 274-FZ)
2. The same acts committed using the media or electronic or information and telecommunication networks (including the Internet), -
shall be 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.
(Part 2 as amended by Federal Law dated July 21, 2014 N 274-FZ)
Article 281. Sabotage
1. Committing an explosion, arson or other actions aimed at destroying or damaging enterprises, structures, transport infrastructure and vehicles, communications, life support facilities for the population in order to undermine the economic security and defense capability of the Russian Federation, -
(as amended by Federal Law dated July 27, 2010 N 195-FZ)
shall be punished by imprisonment for a term of ten to fifteen years.
2. The same acts:
a) committed by an organized group;
b) resulting in the infliction of significant property damage or the onset of other grave consequences, -
shall be punished by imprisonment for a term of twelve to twenty years.
(Part two as amended by Federal Law No. 321-FZ of December 30, 2008)
3. Acts provided for in parts one or two of this article, if they entailed the intentional infliction of death on a person, -
shall be punished by imprisonment for a term of fifteen to twenty years or life imprisonment.
(Part three introduced by Federal Law of December 30, 2008 N 321-FZ)
Commentary on Article 281
Article 282. Inciting hatred or enmity, as well as humiliation of human dignity
(as amended by Federal Law dated December 8, 2003 N 162-FZ)
1. Actions aimed at inciting hatred or enmity, as well as humiliating the dignity of a person or group of persons on the basis of gender, race, nationality, language, origin, attitude to religion, as well as belonging to any social group, committed publicly or with using the media or information and telecommunication networks, including the Internet, -
(as amended by Federal Law dated June 28, 2014 N 179-FZ)
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 deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or by compulsory labor for a term up to three hundred and sixty hours, or correctional labor for a term of up to one year, or forced labor for a term of up to four years, or imprisonment for the same term.
(as amended by Federal Laws dated December 7, 2011 N 420-FZ, dated February 3, 2014 N 5-FZ)
2. The same acts committed:
a) with the use of violence or the threat of its use;
b) by a person using his official position;
c) an organized group, -
shall be punishable by a fine in the amount of three hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two to three years, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of one to two years, or forced labor for a term of up to five years, or imprisonment for the same term.
(as amended by Federal Laws dated December 7, 2011 N 420-FZ, dated February 3, 2014 N 5-FZ)
Commentary on Article 282
Article 282.1. Organization of an extremist community
(introduced by Federal Law No. 112-FZ of July 25, 2002)
1. Creation of an extremist community, that is, an organized group of people for preparing or committing crimes of an extremist nature, as well as the leadership of such an extremist community, its part or structural units included in such a community, as well as the creation of an association of organizers, leaders or other representatives of parts or structural units of such a community in order to develop plans and (or) conditions for committing extremist crimes -
(as amended by Federal Law dated July 24, 2007 N 211-FZ)
shall be punishable by a fine in the amount of two hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of eighteen months to three years, or by forced labor for a term of up to five years with restriction of freedom for a term of one to two years, or imprisonment for a term of two to eight years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years and with restriction of freedom for a term of one to two years.
(as amended by Federal Laws dated 02/03/2014 N 5-FZ, dated 05/05/2014 N 130-FZ)
1.1. Inducing, recruiting or otherwise involving a person in the activities of an extremist community -
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 forced labor for a term of one to five years, with restriction of freedom for a term of one to two years. years, or imprisonment for a term of one to six years with restriction of freedom for a term of one to two years.
(Part 1.1 introduced by Federal Law dated 05.05.2014 N 130-FZ)
2. Participation in an extremist community -
shall be punishable by a fine in the amount of up to one hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to one year, or by forced labor for a period of up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, and with restriction of freedom for a term of up to one year, 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 a term of up to five years, or without it and with restriction of freedom for a term of up to one year.
(as amended by Federal Law No. 5-FZ dated 03.02.2014)
3. Acts provided for in parts one, one.1 or two of this article, committed by a person using his official position, -
(as amended by Federal Law dated May 5, 2014 N 130-FZ)
shall be punishable by a fine in the amount of three hundred thousand to seven hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two to three years, or by forced labor 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 or without it and with restriction of freedom for a term of one to two years, or imprisonment for a term of four to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years or without it and with restriction of freedom for period from one year to two years.
(as amended by Federal Laws dated 02/03/2014 N 5-FZ, dated 05/05/2014 N 130-FZ)
Notes. 1. A person who voluntarily ceases participation in the activities of an extremist community is exempt from criminal liability unless his actions contain another crime.
(as amended by Federal Law dated June 28, 2014 N 179-FZ)
2. In this Code, crimes of an extremist nature are understood to mean crimes committed on the grounds of political, ideological, racial, national or religious hatred or enmity, or on grounds of hatred or enmity against any social group, provided for by the relevant articles of the Special Part of this Code and paragraph “e” of part one of Article 63 of this Code.
(notes as amended by Federal Law dated July 24, 2007 N 211-FZ)
Article 282.2. Organization of the activities of an extremist organization
(introduced by Federal Law No. 112-FZ of July 25, 2002)
1. Organizing the activities of a public or religious association or other organization in respect of which the court has made a decision to liquidate or prohibit activities that have entered into legal force in connection with the implementation of extremist activities, with the exception of organizations that, in accordance with the legislation of the Russian Federation, are recognized as terrorist -
(as amended by Federal Law dated November 2, 2013 N 302-FZ)
shall be punishable by a fine in the amount of three hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two to three years, or by forced labor for a term of up to five years with or without restriction of freedom for a term of up to two years, or by arrest for a term of four to six months, or imprisonment for a term of two to eight years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years and with or without restriction of freedom for a term of up to two years.
(as amended by Federal Laws dated 02/03/2014 N 5-FZ, dated 05/05/2014 N 130-FZ, dated 06/28/2014 N 179-FZ)
1.1. Inducing, recruiting or otherwise involving a person in the activities of an extremist organization -
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 forced labor for a term of one to five years, with restriction of freedom for a term of one to two years. years, or imprisonment for a term of two to six years with restriction of freedom for a term of one to two years.
(Part 1.1 introduced by Federal Law dated 05.05.2014 N 130-FZ)
2. Participation in the activities of a public or religious association or other organization in respect of which the court has made a decision to liquidate or prohibit activities that have entered into legal force in connection with the implementation of extremist activities, with the exception of organizations that, in accordance with the legislation of the Russian Federation, are recognized as terrorist -
(as amended by Federal Law dated November 2, 2013 N 302-FZ)
shall be punishable by a fine in the amount of up to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to two years, or by forced labor for a term of up to three years with or without restriction of freedom for a term of up to one year, or by arrest for a term of up to four 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 a term of up to five years or without it and with restriction of freedom for a term of up to one year or without it.
(as amended by Federal Law No. 5-FZ dated 03.02.2014)
3. Acts provided for in parts one, one.1 or two of this article, committed by a person using his official position, -
shall be punishable by a fine in the amount of three hundred thousand to seven hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two to three years, or by forced labor 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 or without it and with restriction of freedom for a term of one to two years, or imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years or without it and with restriction of freedom for a term of from one year to two years.
(Part 3 introduced by Federal Law dated 05.05.2014 N 130-FZ)
Note. A person who voluntarily ceased participation in the activities of a public or religious association or other organization in respect of which the court made a decision on liquidation or prohibition of activities that has entered into legal force in connection with the implementation of extremist activities, is exempt from criminal liability, unless his actions contain a different element. crimes.
Article 282.3. Financing of extremist activities
(introduced by Federal Law dated June 28, 2014 N 179-FZ)
1. Providing or collecting funds or providing financial services knowingly intended to finance the organization, preparation and commission of at least one crime of an extremist nature or to support the activities of an extremist community or extremist organization, -
shall be punishable by a fine in the amount of three hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to three years, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or by compulsory labor for a term up to two hundred hours, or correctional labor for a term of one to two years, or imprisonment for a term of up to three years.
2. The same acts committed by a person using his official position, -
shall be punishable by a fine in the amount of three hundred thousand to seven hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two to four years, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by compulsory labor for a term of from one hundred twenty to two hundred and forty hours, or correctional labor for a term of one to two years, or imprisonment for a term of up to six years.
Note. A person who has committed a crime under this article is exempt from criminal liability if he, by timely reporting to the authorities or otherwise, contributed to the prevention or suppression of a crime that he financed, as well as contributed to the suppression of the activities of an extremist community or extremist organization, to ensure the activities of which he provided or collected funds or provided financial services, unless his actions contain another crime.
Article 283. Disclosure of state secrets
1. Disclosure of information constituting a state secret by a person to whom it was entrusted or became known through service, work, study or in other cases provided for by the legislation of the Russian Federation, if this information has become available to other persons, in the absence of signs of crimes provided for in Articles 275 and 276 of this Code, -
(as amended by Federal Law No. 190-FZ of November 12, 2012)
shall be punishable by arrest for a term of four to six months or imprisonment for a term of up to four 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.
2. The same act, which entailed grave consequences through negligence, -
(as amended by Federal Law No. 92-FZ of June 25, 1998)
shall be punishable by imprisonment for a term of three to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Commentary on Article 283
Article 283.1. Illegal acquisition of information constituting state secrets
(introduced by Federal Law No. 190-FZ of November 12, 2012)
1. Obtaining information constituting a state secret through theft, deception, blackmail, coercion, threat of violence or other illegal means (in the absence of signs of crimes provided for in Articles 275 and 276 of this Code) -
shall be punishable by a fine in the amount of two hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to three years, or by imprisonment for a term of up to four years.
2. The same act, if it:
a) committed by a group of persons;
b) committed with the use of violence;
c) resulted in grave consequences;
d) committed using special and other technical means intended for secretly obtaining information;
e) is associated with the dissemination of information constituting a state secret, or with the movement of carriers of such information outside the Russian Federation, -
is punishable by imprisonment for a term of three to eight years.
Article 284. Loss of documents containing state secrets
Violation by a person who has access to state secrets of the established rules for handling documents containing state secrets, as well as objects, information about which constitutes state secrets, if this, through negligence, entailed their loss and the onset of grave consequences, -
shall be punishable by restriction of freedom 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 three 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.
Commentary on Article 284
Article 284.1. Carrying out activities on the territory of the Russian Federation of a foreign or international non-governmental organization in respect of which a decision has been made to recognize its activities as undesirable on the territory of the Russian Federation
(introduced by Federal Law dated May 23, 2015 N 129-FZ)
Management of the activities on the territory of the Russian Federation of a foreign or international non-governmental organization in respect of which a decision was made to recognize its activities as undesirable on the territory of the Russian Federation in accordance with the legislation of the Russian Federation, or participation in such activities committed by a person who was previously brought to administrative responsibility for similar act twice within one year, -
shall be punishable by a fine in the amount of three hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two to three years, or by compulsory labor for a term of up to three hundred sixty hours, or by forced labor for a term of up to five years with restriction of freedom for a term of up to two years or without it, or imprisonment for a term of two to six years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years or without it.
Note. A person who voluntarily ceases to participate in the activities of a foreign or international non-governmental organization in respect of which a decision has been made to recognize its activities as undesirable on the territory of the Russian Federation is exempt from criminal liability unless his actions contain another crime.
Second commentary to Art. 280 of the Criminal Code of the Russian Federation
1. The object of the crime is social relations and interests related to the implementation of the constitutional prohibition of inciting racial, national or religious hatred.
2. The objective side of the crime is characterized by actions - public calls for extremist activities.
The concept of extremist activity (extremism) is given in the Federal Law “On Combating Extremist Activities” (as amended by Federal Law No. 211-FZ dated July 24, 2007).
Extremist activities can be carried out with the help of extremist materials. They are understood as documents intended for publication or information on other media that call for the implementation of extremist activities or substantiate or justify the need for such activities.
Calls to carry out extremist activities mean inflammatory actions, verbal or written, aimed at achieving a specified goal. These calls must be public, which means that they are made directly in the presence of third parties or (if they are written) with the expectation that other persons will become familiar with them later (for example, by sticking posters or slogans with relevant content). The expectation of becoming familiar with the content of other people's appeals in the future may also be characteristic of oral appeals through the use of, for example, tape recordings.
3. The subject of the crime is a person who has reached the age of 16.
4. The subjective side of the crime is characterized by direct intent.
5. Part 2 art. 280 of the Criminal Code establishes increased liability for public calls made using the media. They are understood as appeals published in the press, using radio, television and other media.
