RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 28, 2011 No. 11

About court practice on criminal cases about crimes of extremist orientation

The constitution of the Russian Federation proclaims the person, its rights and freedom the supreme value, and their recognition, observance and zashchituobyazannost of the state (Article 2) and determines that rights and freedoms of man and citizen can be limited to the Federal Law only in proportion constitutionally to the significant purposes (Article 55).

The ideological and political variety, multi-party system are recognized the Russian Federation; no ideology can be established as state or obligatory. Creation and activities of public associations is forbidden, the purposes or actions of which are directed to violent change of bases of the constitutional system and violation of integrity of the Russian Federation, undermining safety of the state, creation of paramilitary groups, kindling of social, racial, national and religious discord (article 13 of the Constitution of the Russian Federation).

According to the Constitution of the Russian Federation the state guarantees equality of rights and freedoms of man and citizen irrespective of floor, races, nationalities, language, origin, property and official capacity, the residence, the relation to religion, beliefs, belonging to public associations, and also other circumstances; any forms of restriction of the rights of citizens on signs of social, racial, national, language or religious affiliation are prohibited (Article 19).

The constitution of the Russian Federation, guaranteeing freedom of thought and words, prohibits the promotion or propaganda initiating social, racial, national or religious hatred and hostility, promotion of social, racial, national, religious or language superiority (Article 29).

International legal standards in the field of human rights, proclaiming the right of each person to free expression of the opinion, at the same time provide that any performance for benefit of national, racial or religious hatred representing instigation to discrimination, hostility or violence; any distribution of the ideas based on racial superiority or hatred, any instigation to racial discrimination and also all acts of violence or instigation to such acts directed against any race or group of persons of other skin color or ethnic origin, provision of any help for carrying out racist activities including its financing; any discrimination on the basis of religion or beliefs shall be prohibited by the law (The Universal Declaration of Human Rights of December 10, 1948, the International Covenant on Civil and Political Rights of December 16, 1966, the International convention about liquidation of all forms of racial discrimination of December 21, 1965, the Declaration of the United Nations General Assembly of November 25, 1981 about liquidation of all forms of intolerance and discrimination on the basis of religion or beliefs).

The Shanghai convention on fight against terrorism, separatism and extremism of June 15, 2001 and the Convention of the Shanghai Cooperation Organization on counteraction to extremism of June 9, 2017 provide that terrorism, separatism and extremism, regardless of their motives, cannot be justified under no circumstances, and persons guilty of making of such acts shall be made responsible according to the law.

For the benefit of realization of the called constitutional prohibitions and accomplishment of the international obligations responsibility for making of crimes of extremist orientation is provided in the Criminal Code of the Russian Federation.

For the purpose of ensuring unity of court practice on criminal cases about crimes of extremist orientation the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make to courts the following explanations:

1. By consideration of criminal cases about crimes of extremist orientation courts should provide, on the one hand, protection of public interests (bases of the constitutional system, integrity and safety of the Russian Federation), and with another - protection of the rights and freedoms of man and citizen guaranteed by the Constitution of the Russian Federation - .svoboda of conscience and religion, freedom of thought, the word, mass information, the right to freely look for, receive, transfer, to make and distribute information by any legal method, the rights to be going peacefully, to hold meetings, meetings and demonstrations, processions and picketing without weapon.

Draw the attention of courts that the freedom of thought and words guaranteed by the Constitution of the Russian Federation and international legal acts, and also the right to freely look for, receive, transfer, make and distribute information by any legal method can be limited only in exceptional cases, directly enshrined in the Federal Law, in that measure in what it is necessary in democratic society for the purpose of protection of bases of the constitutional system, morality, health, the rights and legitimate interests of other persons, ensuring defense of the country and safety of the state, public order, territorial integrity (part 3 of article 55 of the Constitution of the Russian Federation, part 3 of article 19 of the International Covenant on Civil and Political Rights, etc.).

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info