Manual: how not to sit down for a repost

2024 Author: Seth Attwood | [email protected]. Last modified: 2023-12-16 15:55

• open an account;
• issue a salary card;
• enter into an inheritance;
• be the insured;
• receive through accounts alimony, judicial compensation for harm, payments for an insured event;

• issue a power of attorney and most transactions through a notary.

Only you can take care of delisting. When your criminal record has been canceled, the criminal prosecution against you has been terminated, there is a legal possibility of exclusion from the List. In theory, the Ministry of Internal Affairs should send a document with information about the cancellation of the conviction. However, it's best to take care of getting off the list yourself. For example, you can independently contact Rosfinmonitoring with a scan of the verdict. After that, the department must apply to the body, which is obliged to “provide information”. As soon as the information is provided, the person involved in the List is included in the list of those excluded from the list for one or two weeks, and then completely disappears from it.

Larisa Romanova, employee of the Committee for Civil Rights, a former defendant on the Rosfinmonitoring list:

Leader of the human rights group "Team 29" Ivan Pavlov on freedom of speech and the number of cases of extremism:

What do the dynamics of the number of extremism cases in Russia show?

For a long time, our state did not pay attention to the Internet, it simply did not take seriously what was happening there. Then, a few years ago, he turned, saw a danger in him and now he is trying in every possible way to regulate him with the grace of an elephant in a china shop. Extremism is a very convenient accusation: Article 282 is "rubber", it is full of ambiguities, which allows you to selectively punish those you dislike. And as for the most ordinary people who fall under this accusation, having shared, for example, a repost about the fact that Crimea is Ukraine for all of its 12 friends in contact - here, I think, the point is in the "stick" system. This is how law enforcers improve statistics by uncovering "crimes" without leaving the office.

In social media posts, you can post for friends and for everyone. What is the fundamental difference in terms of corpus delicti (if the post is recognized as extremist)?

From the point of view of the corpus delicti, there is not much difference. This can affect the attitude of the judge if the defender insists that the information is disseminated among a small, limited circle of people, and the punishment may be softer in the end.

What words and calls should you definitely avoid in your publications?

As I already mentioned, Article 282 suffers from regulatory ambiguity. Two experts will sit down to look for signs of incitement of interethnic hatred in the same text. And now one expert excites, and does not excite another. An example from my practice: in the framework of the case of the director of the Library of Ukrainian Literature, Natalya Sharina, an examination of the books seized from the library was recently carried out. The expert, whose linguistic career began in the year of Stalin's death, drew information about Ukrainian nationalism from the article "Fascism and Russophobia - the Foundations of the Ideology of Ukrainian Fascism" from the collection "Banderization of Ukraine - the main threat to Russia." It is clear that he found extremism even in the children's magazine Barvinok. Therefore, the question of what can and cannot be written is a matter of personal cultural and political instinct. I am for freedom of speech and information, everyone must decide what to talk about and how to formulate their thoughts. If you want to write something risky - do it wisely, use Aesopian language, irony. Any meaning can be conveyed in such a safe way from the point of view of the draconian articles of the Criminal Code. What is definitely not worth publishing is the calls for harm to health and property, but this, I hope, is already clear to everyone.

What should be considered before leaving a potentially extremist / offensive comment or picture on the Internet? What to check with?

Theoretically, you can check the list of the Ministry of Justice, but this will not give any guarantees - it is not all-encompassing. An examination may be assigned for the presence of extremist content in your publication, and then your fate will be in the hands of an expert with his subjective opinion.

The court is not always competent in terms of information technology, as are the investigators. They can confiscate both the mouse and the keyboard. There was a case when the monitors were confiscated from the company, and the system engineers left

What kinds of expertise are there besides linguistic?

There are different types of expertise: linguistic, psycholinguistic, cultural, religious - depending on the direction of the text. As I said, this is a very subjective thing. The expert indicates authoritative, in his opinion, sources on the topic (dictionaries, monographs and other specialized literature) and verifies the text with them. For example, here is an interesting sample of expertise in Sharina's case. Nobody is safe from such "experts".

If I want to conduct an alternative examination, where and how to find an expert for it?

They usually look for friends, or you can contact a specialized scientific institution. The examination will be paid, the cost can be very different. It is worth paying attention to the experience and regalia of the expert - your expert should be of higher status than the expert attracted by the investigator. By the way, it is not a fact that the court will agree to attach an alternative examination to the case file.

Does the degree of responsibility under the articles for extremism differ in any way for individuals, media, organizations? Let's say if it's SMM of a commercial brand or an article in a magazine

Criminal liability, in particular, for extremism, in our country is provided only for individuals. This means that the organization or the media can incur civil liability - they, for example, will be obliged to pay a fine and remove the publication. They can also find the last person - the person responsible for the dissemination of information, for example, the issuing editor, the SMS man or, in the case of Sharina, the director of the library - and prosecute him. For a criminal charge, in theory, the presence of malicious intent should be proven, but in practice, law enforcement officers and the court most often turn a blind eye to this and take into account the consequences of the dissemination of this information.

Is there any limitation on the limitation period for such cases? Is it worth checking your notes from three / five years ago?

The statute of limitations has changed several times in recent years. I recommend playing it safe and reviewing your posts from the past six years.

How does the court define the “instrument of crime” in such cases? In fact, it can be absolutely any gadget with Internet access

The court is not always competent in terms of information technology, as are the investigators. They can confiscate both the mouse and the keyboard. There was a case when the monitors were confiscated from the company, and the system engineers left.