The Moscow City Court accepted the claim of the Moscow prosecutor’s office against the structures associated with Alexey Navalny: non-profit organizations “Fund for the Fight against Corruption” (FBK) *, “Fund for the Protection of Citizens’ Rights” (FZPG) ** and the public movement “Navalny Headquarters” on the recognition of these organizations as extremist. The trial will begin on April 26.
According to TASS, the Prosecutor General’s Office of the Russian Federation believes that these organizations are engaged in creating conditions for the destabilization of the social and socio-political situation, “The actual goals of their activities are to create conditions for changing the foundations of the constitutional order, including using the scenario of the“ color revolution ”.
The Kremlin gave its assessment of the prosecutors’ claim. “They are fighting lawlessness, they are fighting extremism, including various manifestations of extremism, and they are fulfilling their functions.”, – said Dmitry Peskov… It became known about the acceptance of the claim for proceedings on the eve of the street protests announced by FBK on the day of the announcement of the message. Vladimir Putin Federal Assembly.
Meanwhile, the exodus of Navalny’s supporters from Russia continues. Former Deputy Energy Minister went abroad Vladimir Milov… He explained to the network audience that he has an important field of work in the structures of the FBK and therefore he does not consider it possible to get into a “arrest situation”. Navalny himself, meanwhile, is being transferred by the FSIN to a prison hospital.
As explained by “SP” Artyom Usov, lawyer of the ICA “A posteriori”, the recognition by the court of an organization as extremist leads to a complete blocking of its activities. Any participation or assistance from such an organization is threatened with criminal prosecution under Art. 282.2 of the Criminal Code of the Russian Federation, which can be called “working”: a number of court verdicts issued and entered into legal force are an eloquent confirmation of this.
Lawyer and human rights activist Dmitry Agranovsky indicates the anti-Russian nature of the activities of Navalny’s structures.
– For Russian society, recognizing Navalny’s structures as extremist will bring nothing but benefit. I wonder why it was done so late. At one time, the absolutely harmless patriotic organization NBP *** was banned in no time when the question arose. And the FBK is a harmful organization, an agent of American influence. This organization very unceremoniously promotes the interests of foreign states in Russia. And until some time she had a serious “roof” here, because of which it could not be banned. And now the time has come. Note that now both sides – both Russia and Russia’s opponents are playing for aggravation.
Recognition as extremist means virtually a complete ban on activities on behalf of this particular organization. But they can easily re-register another structure and act on its behalf. Banning a new organization is a rather cumbersome process. So our police state is not such a police state. There are many other ways to promote your influence. FBK, in my opinion, although a dangerous organization, is not the most dangerous. Unfortunately, over the past 20 years, American agents have infiltrated all the pores of our society. Sooner or later, this severe form of political coronavirus will have to be fought.
“SP”: – Recently a database of Navalny’s supporters who are ready to go to the next street action has leaked into the network. Will they be jailed after the FBK is recognized as extremist?
– No, because the law has no retroactive effect. These people are not in danger. But later this or that form of participation may fall under the law, as was the case with the same National Bolsheviks. I am now awaiting decisions of the ECHR on a number of such processes. This is where, in the language of the European Court, “excessive measures of state influence” were applied. Until now, our state has acted selectively. Liberals were treated more easily. Look at the court verdict in the last case Any sable or Lucy Stein and Maria Alekhina, which replaced house arrest with a ban on certain actions. And compare that to the affairs of the communists Bessonova, Levchenko, with business Sergei Udaltsov…
In the case of Navalny’s organizations, the state has tackled its real enemies. Further, the conflict will only grow. But the left cannot relax either. Can get under the hot hand.
In the opinion political scientist Dmitry Elovsky, the recognition of Navalny’s organizations as extremist levels out their influence on the September elections to the State Duma.
– A future court decision, if it takes place, in the short term will lead to the destruction of FBK and Navalny’s headquarters in the regions and the destruction of their infrastructure so that they cannot launch Smart Vote and their other projects directed against United Russia. If earlier the employees of Navalny’s headquarters had to commit some punishable act in order to fall under persecution, now the very fact that they are employees will be enough. They will all have to get out of these structures and cut off any ties with him. Even sympathizers and those who, for example, post information on the Internet without appropriate links, can fall under the law. That is, these structures will cease to exert influence as an organization.
“SP”: – And in the long term? People won’t disappear …
– If earlier Navalny’s headquarters collected on themselves, all the tough protest moods of those who are opposed to the president, channeled and directed them, then after the court decision they will go into the shadows, into the depths, and where this protest will result, in what form will field is not clear. The registration of a new structure under a new name is possible, almost certainly Navalny’s supporters will do this. This game can be continued endlessly. But the infrastructure, well-established connections, resources – all this will drain. Navalny’s supporters are unlikely to go to legal political organizations, since they are extremely radical, they have already tried everything and finally went into a dull protest.
Therefore, this opposition is called non-systemic, that they want to destroy the current system and create their own. Someone will go into real extremism, but this is already the field of work for law enforcement agencies. Given that they are all under the hood, these attempts will quickly end. To do this, they are pushed there and then arrested.
She spoke in more detail about the possible legal consequences of the lawsuit of the prosecutor’s office for Navalny’s supporters. lawyer, assistant lawyer of the company “Selyutin and Partners” Ekaterina Trofimovich…
– If the court recognizes the FBK, the Foundation for the Protection of Citizens’ Rights and Navalny’s headquarters as extremist organizations, then this situation will not be limited to the ban on holding public events. According to the legislation, the following legal consequences may occur:
First, FBK employees may be under attack. If the court decision comes into force, then against the leaders can be initiated criminal cases “for organizing the activities of an extremist organization.” The maximum punishment is up to 10 years in prison (Article 282.2 of the Criminal Code of the Russian Federation).
Secondly, ordinary FBK employees can face up to six years in prison for participating in the activities of a banned organization. The ruling of the Plenum of the Supreme Court of 2011 “On judicial practice in criminal cases of crimes of an extremist nature” states that “participation in the activities of an extremist organization (part 2 of Article 282.2 of the Criminal Code of the Russian Federation) means the commission by a person of intentional actions related to the continuation or activities of this organization “. Such actions are recognized as conducting conversations in order to promote the activities of a banned organization, direct participation in ongoing events
Thirdly, any symbols of the FBK and Navalny’s headquarters will be automatically banned. Thus, for the demonstration of the symbols of an organization recognized as extremist, there is a threat of a fine or administrative arrest for up to 15 days (Article 20.3 of the Administrative Code of the Russian Federation). The bad news: those who were prosecuted under this article will not be able to exercise their passive electoral right during the year, that is, to be elected to government bodies.
Fourth, everyone who in any way financially provides support to an extremist organization will face up to eight years in prison (282.3 of the Criminal Code of the Russian Federation). First of all, this concerns the transfer of donations.
“SP”: – To send a “penny” and sit down for several years is tough …
– So far, the FBK and Navalny’s headquarters have not been recognized as extremist organizations, so a person can be attracted for participation or financing the activities of a banned organization only from the moment when, after the court of first and second instances, the Ministry of Justice adds it to the appropriate list on its website. Thus, if sometime in the past financial support was provided to FBK, it will not be possible to bring such a person to criminal liability.
If the court decision comes into force, then transferring money not to the official account of FBK, but to some connected one, will also be prohibited. Law enforcement officers will be able to prove in court that it was FBK funding, and it will not be possible to avoid criminal prosecution.
Fifth, the media will not be obliged to remove any information materials published before the court’s decision came into force, but now they will have to mark reports about the FBK or Navalny’s headquarters, be sure to indicate that the organization is recognized as extremist.
* The Foundation for the Fight against Corruption (FBK) was included in the register of NPOs performing the functions of a foreign agent, by decision of the Ministry of Justice of the Russian Federation dated 09.10.2019.
** The Fund for the Protection of Citizens’ Rights (FZPG) was included in the register of NPOs performing the functions of a foreign agent, by the decision of the Ministry of Justice of the Russian Federation dated December 25, 2020.
***NBP (National Bolshevik Party) by the decision of the Moscow City Court
*** The interregional public organization “National Bolshevik Party” (NBP) was recognized as extremist by the decision of the Moscow City Court of 19.04.2007 and its activity in Russia is prohibited.