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Explanation of the legislation on counteraction to extremism

According to Art. 1 of the Federal law "About counteraction of extremist activity" extremist activity (extremism) - violent change of bases of the constitutional system and violation of integrity of the Russian Federation; public justification of terrorism and other terrorist activity; excitement of social, racial, national or religious discord; promotion of exclusiveness, superiority or inferiority of the person on the basis of his social, racial, national, religious or language identity or the relation to religion; violation of the rights, freedoms and legitimate interests of the person and citizen depending on his social, racial, national, religious or language identity or the relation to religion; hindrance to implementation by citizens of their electoral rights and the rights for participation in a referendum or the violation of secret of vote connected to violence or threat of its application; the hindrance of lawful activity of government bodies, local governments, election commissions, public and religious associations or other organizations connected to violence or threat of its application; commission of crimes based on, specified in the point "e" of part one of article 63 of the Criminal code of the Russian Federation; promotion and public demonstration of nazi attributes or the symbolics or attributes or symbolics similar to nazi attributes or symbolics to extent of mixture, or public demonstration of attributes or symbolics of the extremist organizations; public appeals to implementation of the specified acts or mass distribution of obviously extremist materials, and is equal their production or storage for mass distribution; public obviously false charge of the person replacing the state position of the Russian Federation or the state position of the subject of the Russian Federation of commission by it during execution of the functions of the acts specified in the present article and which are a crime; the organization and preparation of the specified acts, and also instigation to their implementation; financing of the specified acts or other assistance in their organization, preparation and implementation, including by providing educational, printing and material base, telephone and other types of communication or rendering information services.

The criminal code of the Russian Federation (further in the text – the criminal code of Russian Federation) provided criminal liability for public appeals to implementation of extremist activity (article 280 of the criminal code of Russian Federation), the organization of extremist community (article 282.1. Criminal code of Russian Federation), organization of activity of the extremist organization (article 282.2. Criminal code of Russian Federation).

Administrative responsibility is provided for distribution of information on public association or other organization, included in the published list of public and religious associations, other organizations on which the court made the decision on elimination which entered into force or will lock activities for the bases provided by the Federal law "About counteraction of extremist activity" without instruction that the corresponding public association or other organization are liquidated or their activity is forbidden (h. 2nd Art. 13.15 of the Code of the Russian Federation on Administrative Offences); promotion and public demonstration of nazi attributes or symbolics or public demonstration of attributes or symbolics of the extremist organizations (article 20.3. Code of the Russian Federation on Administrative Offences); production and distribution of extremist materials (article 20.29. Code of the Russian Federation on Administrative Offences).

So, violations of requirements of the Federal law "About counteraction of extremist activity" are established by the inspection which is carried out by prosecutor's office of Chelyabinsk together with the staff of the Ministry of Internal Affairs of Russia across Chelyabinsk region. In the room located at the address: Chelyabinsk, st. of Kirov, 96 where N. was carried out storage and sale of books, including such as books of the author Bragin A.P. "The Russian answer to a Jewish problem" (edition of 2006), books of the author Dyuringa E. "A Jewish problem as a question of racial character and its harmful influence on existence of the people, on customs and culture" (Moscow, Russian Truth Publishing house, 2003), Pranov V. books. "Law of a survival of the most mean" (Desnitsa publishing house, Moscow, 2002).

During check test purchase of the book of the author Bragin A.P. is carried out. "The Russian answer to a Jewish problem" (edition of 2006) worth 300 rubles.

Book "Russian Answer to a Jewish Problem" of the author Bragin A.P., editions of 2006 by the decision of Railway district court of Krasnoyarsk of 17.10.2011 it is included in the Federal list of extremist materials (No. 1040).

Book of Dyuringa E. "A Jewish problem as a question of racial character and its harmful influence on existence of the people, on customs and culture" (Moscow, Russian Truth Publishing house, 2003) (the decision of Meshchansky district court of Moscow of 03.12.2008) it is included in the Federal list of extremist materials (No. 979).

Pranov V. book. "The law of a survival of the most mean" (Desnitsa publishing house, Moscow, 2002) by the decision of Solntsevsky district court of Moscow of 12.10.2012 it is included in the Federal list of extremist materials (No. 1650).

The deputy prosecutor of the city 19.04.2013 concerning N. issued the decree on initiation of proceedings on the administrative offense provided by Art. 20.29 of the Code of the Russian Federation about administrative offenses "mass distribution of the extremist materials included in the published federal list of extremist materials, and their storage for mass distribution is equal".

By results of consideration of the case about an administrative offense, 16.05.2013 N. are imposed administrative sentence in the form of a penalty.

According to Art. 13 of the Federal law "About counteraction of extremist activity" in the territory of the Russian Federation distribution of extremist materials, and also their production or storage for distribution are forbidden. In the cases provided by the legislation of the Russian Federation, production, storage or distribution of extremist materials is an offense and involves responsibility.

Information materials admit extremist federal court in a place of their detection, distribution or finding of the organization which carried out production of such materials on the basis of representation of the prosecutor or by the corresponding case production of an administrative offense, to civil or criminal case.

The prosecutor of the city of Chelyabinsk 18.06.2013 appealed to Kalinin district court of Chelyabinsk with the statement in interests of the Russian Federation, an uncertain circle of people for recognition of the video record "The official statement of Command of Imarat the Caucasus in connection with military aggression of Russia against Georgia" the extremist; inclusion of the video record "The official statement of Command of Imarat the Caucasus in connection with military aggression of Russia against Georgia" in the Federal list of extremist materials.

Of 03.07.2013 requirements of the prosecutor of the city are met by the decision of Kalinin district court of Chelyabinsk. The judgment 10.08.2013 entered into force.

For prevention of manifestations of extremism and prevention of group disorderly conduct by prosecutor's office of the city on a regular basis control of performance of the legislation when carrying out public mass actions is exercised.

 

 

Assistant prosecutor of the city

 

lawyer 3 classes A.D. Nigmatullina