Ivan Ovsyannikov: How Russia’s New Laws on Disrespecting the Authorities and Fake News Will Play Out

markischer bunny

Russia: How Will the Laws on Disrespecting the Authorities and Fake News Play Out?
Ivan Ovsyannikov
Eurasianet
March 26, 2019

Six months after easing punishments for speaking out on the internet, Vladimir Putin has signed laws that would restrict freedom of speech in Russia, argue civil rights activists.

People who are deemed to have disrespectfully criticized the Russian authorities and disseminated fake news face blocked websites and stiff fines.

The new laws do not explain how to distinguish ordinary criticism of the authorities from disrespectful criticism, and fake news from honest mistakes or the truth, in cases in which the authorities have decided to declare it fake. Defining disrespect and unreliable information has been left to the discretion of the authorities.

How the New Laws Are Worded
According to Russian Federal Law No. FZ-30 and Russian Federal Law No. FZ-31, which have amended the previous law “On Information, Information Technology, and Information Security” (Russian Federal Law No. FZ-149, dated July 27, 2006), people who disseminate “unreliable socially significant information in the guise of reliable news” could be fined, under the corresponding amendments to the Russian Federal Administrative Offenses Code, between 30,000 rubles and one million rubles, while people who voice their “flagrant disrespect” for society, the state, its authorities, and its symbols “improperly” could be fined between 30,000 rubles and 300,000 rubles.

On March 18, 2019, Putin signed the corresponding law bills, as previously passed by the State Duma and the Federation Council, into law.

Russia’s federal communications watchdog Roskomnadzor now has the power to restrict access to a website that has published “false” or “disrespectful” claims, according to law enforcement agencies, without a court’s sanction.

Both law bills were tabled in the Russian parliament by Andrei Klishas, who formally represents Krasnoyarsk Territory in the Federation Council, the parliament’s nominal upper house. Klishas had previously coauthored law bills on making the Runet autonomous, on stiffening punishments for advocating separatism, on breaking rules for holding political rallies, on desecrating the national anthem, and on declaring media outlets “foreign agents.”

klishasAndrei Klishas, a member of the Russian Federation Council for Krasnoyarsk Territory. Photo courtesy of Ilya Pitalev/RIA Novosti and RBC

The Russian Government Will Be Able to Pinpoint and Block Bad News
Despite the prohibitive bent of MP Klishas’s lawmaking, he heads United Russia’s “liberal platform,” stressing that his law bills are not attempted crackdowns. When discussing the law criminalizing disrespect for the state and society, Klishas pointed to European precedents.

“The rules existing in Europe say you can criticize the authorities as much as you like and demand their resignation. […] But when you communicate with the authorities, you should show respect, because they did not appear out of the blue. They are the outcome of people’s choices,” Klishas told Znak.com in an interview published in February 2019.*

As for the law on so-called fake news, MP Klishas stressed only people who distributed knowingly false information that engendered panic and endangered society had to fear prosecution, not reporters and bloggers who made honest mistakes, he told the website.

Klishas’s stance is not shared by the Russian Presidential Council for Civil Society and Human Rights, which described his law bills as unacceptable, anti-constitutional, and a threat to the public.

“The way in which these innumerable, insane law bills are tabled reveals a simple desire to curry favor with the regime. They generate a sense of legal uncertainty. First, swearing was criminalized. Then ‘extremism’ and ‘foreign agents’ were targeted. Now fake news and ‘disrespect for the authorities’ have been added to the list. Give the well-known practice of selectively charging and convicting people for these crimes, no one knows what might get them in trouble,” says journalist and presidential human rights council member Leonid Nikitinsky.

The law on fake news does not stipulate how real news should be differentiated from counterfeits, which makes the law a bogeyman, argues Nikitinsky. The authorities can use it to trip up undesirable journalists and silence unwanted news.

Nikitinsky notes that, while Russian state propaganda is chockablock with fake news, it is is independent media that are primarily at risk of being penalized for violating the new law.

New Prohibitions Make Up for Easing of Old Bans
Pavel Chikov, head of the Agora International Human Rights Group, argues the penalties for disrespecting the authorities and fake news are meant to compensate for the partial decriminalization, in November of last year, of “extremist” statements published on the internet.

After first-time convictions for public incitement to hatred or enmity (Russian Federal Criminal Code Article 282 Part 1) were reclassified as administrative offenses, Russian police lost part of their workload. Under the so-called quota system, in which law enforcers are evaluated according to the number of crimes they have solved, the introduction of new offenses in the Administrative Offenses Code can generate new possibilities for fudging the statistics on cleared cases and conviction rates.

On the other hand, the amended law appears “liberal” only when compared with its earlier redaction, which stipulated a maximum of five years in prison for careless statements on the internet.

Improper Does Not Mean “Obscene”
If the law against fake news would probably be applied selectively, administrative charges of disrespect for the authorities and society could be a large-scale phenomenon within a few years, argues Alexander Verkhovsky, head of the SOVA Information and Analysis Center.

“People are punished five times more often under the ‘anti-extremism’ articles in the Administrative Offenses Code than under the corresponding articles in the Criminal Code. The partial decriminalization of Criminal Code Article 282 shifts the proportion even more heavily toward administrative punishments. The introduction of new articles in the Administrative Offenses Code means there will be fewer criminal prosecutions and many more administrative prosecutions,” Verkhovsky predicts.

Last year’s easing of anti-extremist laws was justified by the fact that the mechanical application of Article 282 had produced a proliferation of inmates who had no relation to extremist groups. The administrative prosecution of “disrespect for the authorities” could also balloon into a crackdown against rank-and-file Russians.

“It is difficult to predict the extent to which such cases will be politically motivated,” says Verkhovsky.

Prosecuting people of disrespect for the authorities is complicated by the lack of clarity over what can be said and what cannot. According to Roskomnadzor’s official clarification, which was not issued in connection with the new law, “four well-known words (kh.., p…., e…., and b….), as well as the words and expressions derived from them,” are considered obscene.**

Verkhovsky stresses, however, that improper does not mean obscene. The new law does not define what it means by “improperly.”

Nikitinsky agrees.

“You can arbitrarily call anything improper,” he says.

The Authorities Are More Sensitive to Criticism 
According to Chikov, the passage of Klishas’s law bills is the regime’s knee-jerk reaction to its dwindling popularity. After the pension reform of summer and autumn 2018, the ratings of Russia’s supreme executive and legislative authorities took a severe hit. Also, according to a poll done by VTsIOM, a year after the last presidential election, in March 2018, Putin is trusted by 33.4% of Russians, a drop of 21.9% from March 2018.

For example, in March 2018, a court in Naberezhnye Chelny sentenced activist Karim Yamadayev to twenty-eight days in jail for erecting a fake headstone for President Putin by way protesting the law bill that would create a “sovereign” Runet, if passed into law.

putin doa“Vladimir Vladimirovich Putin, 1952–2019.” Image courtesy of BBC Russian Service

In summer of 2018, Petersburg activist Varya Mikhaylova was fined 160,000 rubles for publicly displaying the picture 9 Stages of the Supreme Leader’s Decomposition, which also depicts Putin, during the city’s annual May Day march. Despite the fact the march itself was legal, the picture had not been vetted by the police. As Mikhaylova admits, she was completely surprised when she was detained, since she has a poor sense of the line between what is acceptable and what is forbidden.

The Kremlin is likely to use the new laws to crack down on its most audacious critics.

varyaVarya Mikhaylova (center, with megaphone), carrying {rodina}’s 9 Stages of the Supreme Leader’s Decomposition as she marched with the Party of the Dead bloc in last year’s May Day demo in Petersburg. Photo by Elena Lukyanova. Courtesy of Novaya Gazeta

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* Members of the Federation Council are not “chosen by people” in the sense of free and fair elections, but appointed by President Putin via highly stage-managed “elections” in the legislatures and parliaments of the Russian regions they only nominally represent. Aided and abetted by lazy journalists and political spin doctors, the thoroughly non-elected members of the Federation Council, whose only function is to rubber-stamp destructive law bills like the two described in the article, have taken to calling themselves “senators” in recent years, although Russia has no senate or senators. TRR

** I.e., khui (“dick”), pizda (“cunt”), ebat‘ (“fuck”), bliad‘ (“bitch”), all of which are indeed incredibly productive roots in colloquial Russian. TRR

Ivan Ovsyannikov is a member of the Russian Socialist Movement (RSD) and a trade union organizer. Lead photo and translation by the Russian Reader. All other photos featured in the translation were selected by me and were not included in the original article, as published on Eurasianet.

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Russian Trucking News

DSCN0034“Delivery for a favorite client.” A short-haul freight truck in downtown Petersburg, August 8, 2018. Photo by the Russian Reader

Officials Want to Equip New Trucks with Special Sensors as of 2024
Carriers Are Worried Tightening Monitoring Weight and Size of Trucks Will Increase Load on Business
Elizaveta Bazanova and Vladimir Shtanov
Vedomosti
December 24, 2018

Officials have concocted a new way to monitor business. They want to equip trucks with axial-load sensors in order to combat trucks hauling loads in excess of legal weights. Legislation requiring such loads be transported by trucks weighing over 3.5 tons will be drafted by 2024. The plan is contained in the outline of the Russian government’s national Safe and High-Quality Highways project, two federal officials told Vedomosti. A spokesperson for Deputy Prime Minister Maxim Akimov said the project’s outline would be approved by the cabinet on Monday.

The Industry and Trade Ministry and the Transportation Ministry would have until 2022 to draft amendments to the technical regulations of the Eurasian Customs Union (EACU), forbidding the import to Russia of trucks not equipped with the sensors. The amendments should also be inserted into Russian technical regulations before 2024, according to the national highway project’s outline. (Vedomosti has seen part of this document.) As of 2024, all new trucks will have to be equipped by manufacturers with the sensors, explained Akimov’s spokesperson. Owners of old trucks will not be forced to install them. They will have the option of installing them, says a source who has learned about the plans from a federal official.

Regulations on equipping all Russian trucks weighing more than 3.5 tons with axial-load sensors have not yet been drafted, according to spokespeople at the Transport Ministry and Rosavtodor (Russian Federal Road Agency).

Russian authorities set about establishing weight-and-size monitoring system for freight trucks in 2016. Their goal is to maintain the quality of roads and reduce the number of accidents. Automatic scales that measure the axial load of trucks have been installed on highways in test regions. If a truck is overweight, the carrier must pay a fine of up to 450,000 rubles [approx. 5,800 euros]. A total of twenty-seven checkpoints in eighteen Russian regions have been set up on federal highways. By 2024, the number of checkpoints should rise to 387, covering federal and regional highways in seventy-five regions.

The pilot program in Vologda Region has shown the average overload is thirty percent, the Transport Ministry reported. During their first year of operation, the checkpoints reduced the number of violators from forty percent to four percent.  On the federal level, the weight-and-size monitoring system will be a public-private partnership. RT Invest Transport Systems, owned by Igor Rotenberg, son of Arkady Rotenberg, and RT Invest, jointly owned by Rostec and Andrei Shipelov, has shown interest in acquiring an operating license. In June 2018, the company proposed a public-private partnership with the government.

The regions will establish their own public-private partnerships. Truck owners will be able to purchase the sensors from any manufacturer. No directives will be issued on this score, a federal official assured us.

3.74 million trucks were registered in Russia as of July 1, reports Autostat. Under the European classification, trucks weighing between 3.5 tons to 12 tons are categorized as N2. Such trucks are manufactured by KAMAZ, Iveco, Mercedes-Benz, and Renault (Midlum), among other companies. They are usually employed for short hauls, for example, from a distribution center to retail outlets, a logistics manager from a company in the consumer sector told us.

Currently, truck owners rarely install the sensors, said Boris Rybak, director general of Infomost, because equipping a truck costs owners between several tens of thousands to several hundreds of thousands of rubles. Trucks manufactured in the west that carry goods in Russia usually have the sensors pre-installed.

Alexander Lashkevich, director for relations with industrial and infrastructure organizations at the Business Lines Group, said they did not install additional sensors, since they are a standard feature on most imported vehicles, but this applies to trucks with a capacity of more than 12 tons. The new K5 line of trucks from KAMAZ features axial-load sensors as a standard feature, said a company spokesperson.  Lashkevich said Business Lines used special calculators that facilitate loading semitrailers so as to avoid overloading.

Introducing weight and size monitoring will help maintain roads, but it is not clear why small-tonnage vehicles need to be equipped with axial-load sensors. Problems with overloaded axles happen to heavy haul vehicles. Ultimately, the load on the shipping business will grow, while the expediency of the planned measures is difficult to assess, warned Lashkevich.

The sensors are not needed on low-tonnage trucks. Problems with excess weight “occur extremely rarely due to the specifics of moving people’s things to new residences,” explained Arkady Usachov, director general of Gentle Move, a moving company.

The damage to roads caused by trucks weighing under 12 tons is considerably less, said Rybak, but equipping even light trucks with the sensors is a worldwide trend: you can load even a 3.5 ton truck with up to ten tons of freight. Such systems are in operation on roads in many countries, agreed Mikhail Blinkin, director of the Institute of Transport Economics and Transport Policy Studies at the Higher School of Economics.

The cost of buying and operating trucks could increase, warned Usachov.

“Freight haulage should be getting cheaper, but this approach will only make it more expensive,” argued Alexander Prokofiev, head of operations at the Moving Center. “Plato, ERA-GLONASS, and other systems will not provide real security, and they will not improve road quality. The amount of freight hauled on the roads will not decrease. Roads have to be built well from the get-go.”

Translated by the Russian Reader

Suing the Opposition into Oblivion

The Lash and the Pocketbook: Petersburg Tests New Scheme for Punishing Opposition
Sergei Yeremeyev
Zaks.ru
December 14, 2018

The prosecutor’s office has estimated that two Petersburg parks sustained 10.9 million rubles [approx. 144,000 euros] in damage during the He’s Not Our Tsar protest, which took place on May 5, 2018, in Petersburg [and other Russian cities]. Two people, Denis Mikhailov and Bogdan Livtin, will be held responsible for all the protesters, police officers, and ordinary Petersburgers who walked on the lawns that day in the vicinity of Palace Square. Law enforcement agencies have identified the two men as organizers of the protest rally.

IMG_5092.JPG (349 KB)

Saving the Grass from Provocateurs
Suing for damage to municipal property is the Russian state’s new know-how when it comes to intimidating the opposition. Like certain other innovations, for example, repeated arrests for involvement in the same protest rally, it is being tried out on Alexei Navalny’s supporters.

The authorities decided to start big. The prosecutor’s office has estimated the city suffered nearly 11 million rubles in damage from the He’s Not Our Tsar rally. According to members of the Navalny Team in Petersburg, the 300-page complaint claims opposition protesters damaged the greenery in the Alexander Garden and the garden next to the Winter Palace. Allegedly, they trampled the lawns, flower beds, and roses, and damaged the dogwood and lilac bushes.

The complaint states the cost of restoring the vegetation in the two green spaces, as provided by the city’s municipal amenities committee. According to the committee, it cost 3,651,000 rubles [approx. 48,000 euros] to repair the damage incurred by the May 5 rally.

The prosecutor’s office multiplied this amount by three, citing a municipal regulation on the amount of compensation to be paid when greenery has to be replaced. The regulation states the amount of damage caused to green spaces protected by the city’s Committee on the Use and Preservation of Landmarks (KGIOP) must be multiplied by a factor of three.

DSCN0254.jpg (303 KB)A giant rubber duck emblazoned with the logo of the Vesna (“Spring”) Movement floats in a fountain in the Alexander Garden on May 5, 2018.

Ivan Pavlov, lawyer and head of Team 29, a group of civil rights lawyers, fears the lawsuit against Litvin and Mikhailov is only the first of similar penalties.

“I am concerned by the direction the prosecutor’s office has taken. This would set a very dangerous precedent. Precedents are usually tried out in other regions of the country, but this time they are starting with Petersburg. Fines are one thing, but civil liability is a whole new level of impacting people’s desire to protest,” Pavlov told Zaks.ru.

Leonid Volkov, project manager at the Anti-Corruption Foundation (FBK), argues that if you follow the Petersburg prosecutor’s thinking to its logical conclusion, you could also punish the organizers of authorized rallies.

“If they tell us that the rally organizer should be punished for trampling the law rather than the person who trampled the lawn, it makes no difference whether the rally was authorized or not, right? Let’s imagine we have organized an authorized rally. The prosecutor shows up and tells us organizers he is suing us for a billion rubles. It would sound completely insane,” Volkov said.

Downtown Petersburg is often used as a venue for large-scale events, including official celebrations. For example, this past summer, the Smolny reported that, during the annual Crimson Sails celebration for school leavers, when young Petersburgers and out-of-towners party all night long, approximately 600 cubic meters of rubbish were removed from the downtown area. It is unknown whether the city inspected the condition of its bushes after the school leavers’ party.

The New Governor
Litvin, federal coordinator and press secretary for the Vesna Movement,  actually applied to the Smolny for permission to hold the May 5 rally. He proposed a march down Zagorodny Prospect, following by a rally on Pioneer Square. The city’s law and order committee found a reason to turn down his application, just like the other applications submitted by Navalny supporters. The city told the opposition to hold its rally in Udelny Park, a large green space in the north of the city that looks more like a forest. Insulted by this suggestion, Navalny supporters announced the rally would take place on Palace Square.

Three months later, on August 2, the October District Court fined Litvin 20,000 rubles for organizing the unauthorized He’s Not Our Tsar protest rally per Article 20.2 Part 1 of the Administrative Offense Code. Petersburg City Court subsequently overturned the lower court’s ruling. The case will be reheard in the near future.

Mikhailov, the Navalny Team’s Petersburg coordinator, has already been punished twice for the May protest. First, the Smolny District Court sentenced him to 25 days in jail, and then the October District Court fined him 300,000 rubles [approx. 4,000 euros], a record fine for opposition political activism in Petersburg. The fact that Mikhailov was on the air on the internet channel Navalny Live during the event, answering the questions of his comrades in Moscow, was considered proof he organized the protest.

“I was covering the event, because the major national media were not there. At such a huge event! In Petersburg, 10,000 people marched on the Nevsky,” replied Mikhailov.

He now recalls an interesting conversation he had on the sidelines of one of his court hearings.

“There was a certain law enforcement officer at one of my court hearings. He told me the prosecutor’s office was planning to file suit, because the damages incurred by the city were too large. Nothing came of it. Judging by the complaint, this past summer, they really did carry out inspections and corresponded on the matter, but then it fizzled out. But in November, when Alexander Beglov was appointed acting governor [of Petersburg], the officials involved resumed their correspondence and the lawsuit was drawn up. Putting it simply, Beglov came to power and gave them the green light,” Mikhailov told Zaks.ru.

Maxim Reznik, a member of the St. Petersburg Legislative Assembly, has also noticed the new governor’s shadow looming over the lawsuit. Reznik argues the Smolny is using such cases to intimidate the opposition in the run-up to the 2019 elections.

“They strike us with the lash, and they hit us in our pocketbooks. It’s directly connected with the new governor. Because he is either involved in what is happening or he has no control of the situation. Why he would want that? The regime is showing us its teeth. It doesn’t want there to be any protests whatsoever. [Beglov] needs things to be quiet so he can bring happiness to the city, while anyone who intends to agitate the people should know their place,” said Reznik.

Supernatural Stupidity
Maybe ten thousand people did not attend the May 5 protest, but there were clearly more than two thousand people on the streets, as was claimed by the Interior Ministry’s local office. Originally, no one had planned to march on Nevsky Prospect. Since a celebration for bikers and rehearsals for the May 9 Victory Day military parade were taking place on Palace Square, the protest rally was hastily moved across the street to the Alexander Garden. When the Alexander Garden was teeming with people who wanted to express their displeasure at the policies of the old-new president, Vladimir Putin, voices in the crowd called for the rally to move to the Nevsky, and people spontaneously rushed into the city’s main street.

The Navalny Team did not immediately join the march. Initially, the rally’s Telegram channel broadcast requests not to heed people urging protesters to leave the Alexander Garden. Volunteers sporting “20!8” pins made the same request in person, until they realized there was no holding people back. The crowd stayed on the sidewalk for awhile, but when it encountered a segment of the Nevsky closed to traffic for repairs, it went onto the roadway. At approximately the same time, Mikhailov, who was in the midst of the crowd, went on the air on Navalny Live.

The first arrests occurred at the corner of Marat Street and Nevsky, where a police barrier awaited the demonstrators. Seeing what happened, the bulk of the crowd turned around and headed in the opposite direction, walking down the Nevsky and parallel streets. In none of the court hearings in the cases of Litvin and Mikhailov was any evidence presented that suggested either of the men had encouraged the demonstrators to return to Palace Square.

Most of the arrests took place outside the Hermitage. Police dressed in riot gear gave chase over the lawns to anyone chanting slogans. They caught some of these people, dragging or escorting them to paddy wagons parked on Palace Passage. The proceedings were videotaped and photographed by bloggers and reporters. No one had the time to look where they were walking.

Two men, however, will be held liable for damaging the lawns and other vegetation. One of them, Litvin, never even made it back to the Winter Garden: he was detained near Gostiny Dvor when the demonstrators headed in the opposite direction.

Attorney Arkady Chaplygin call this method of singling out guilty parties a supernatural stupidity.

“The lawsuit makes no sense whatsoever. The Russian Civil Code prohibits seeking monetary compensation for damage from persons who did not cause the damage. The law requires the individual who caused the damage to be identified. This lawsuit is a PR stunt on the part of Governor Beglov meant to intimidate the opposition. It is a stupidity supernatural in its scope,” argued Chaplygin.

The Frunze District Court will try and make sense of the botany of the city’s parks and the prosecutor’s arithmetic after the New Year’s holidays. A preliminary hearing in the case has been scheduled for January 10.

Photos courtesy of Zaks.ru. Translated by the Russian Reader

Out Through the In Door, or, The Victim Is Always the Guilty Party

yevgeny kurakinYevgeny Kurakin. Courtesy of Facebook and Daily Storm

Journalist Yevgeny Kurakin Detained after Release from Special Detention Facility 
Mediazona
September 30, 2018

Journalist Yevgeny Kurakin has been detained in the Moscow Region city of Elektrostal. Kurakin was scheduled to be released from a special detention facility after ten days in jail for an administrative violation, Vera Makarova, who had planned to meet Kurakin when he left the facility, told OVD Info.

According to Makarova, the journalist was scheduled to be released at 5:30 p.m. At 5:30 p.m., five people in plain clothes entered the facility, soon emerging with Kurakin in their custody. They put him in an unmarked car and drove away.

Kurakin managed to tell Makarov that three of the people in plain clothes were police officers, while the other two were official witnesss. The people detaining Kurakin told him they had an order to take him into custody without giving him any of the details. Makarova thought Kurakin may have been taken to the police station in Balishikha.

On September 21, a court in Reutov sentenced Kurakin to ten days in jail after finding him guilty of failure to pay a fine (Administrative Offenses Code 20.25 Part 1), which he had been ordered to pay in June after he was found guilty of violating Administrative Offense Code 6.1.1 (battery).* In addition to the fine, he was then also sentenced to fifteen days in jail. According to Kurakin, he paid the fine immediately.

*“Kurakin was detained on his way to a public meeting with Moscow Region Governor Andrei Vorobyov. Kurakin said the cause of his arrest was an incident that had taken place at the Territorial Electoral Commission during the March 2018 presidential election. According to Kurakin, who was involved in the commission, he discovered “systematic blockage of telephone and internet connection at polling stations in the city in order to hinder election observers.” When Kurakin attempted to switch off a blocking device, a member of the electoral commission at Polling Station No. 2639 assaulted him. The man subsequently filed charges against Kurakin with the police.” Source: Mediazona

Translated by the Russian Reader

You Gotta Fight for Your Right to Party

Involving Teenagers in Unauthorized Protest Rallies Could Cost as Much as One Million Rubles
Experts Say Authorities Won’t Find It Hard to Prove Charges
Olga Churakova
Vedomosti
July 11, 2018

Госдума готовится ввести многотысячные штрафы за вовлечение подростков в несанкционированные митингиThe State Duma plans to introduce hefty finds for involving teenagers in unauthorized protest rallies. Photo by Andrei Gordeyev. Courtesy of Vedomosti

On Tuesday, the State Duma’s Family Affairs Committee gave the go-ahead to a law bill that would introduce penalties for “encouraging” teenagers to attend unauthorized protest rallies. On Monday, the bill was approved by the government’s Legislative Affairs Commission. In its written appraisal of the bill, the Family Affairs Committee recommended clarifying the minimum age at which offenders would be held liable for violations, although the relevant committee reviewing the bill is the Committee on Constitutional Law.

Tabled by Alyona Arshinova, Anatoly Vyborny, and other United Russia MPs, the law would amend the Administrative Violations Code to include penalties of 15 days in jail, 100 hours of community service or a fine of 50,000 rubles for individuals who encourage minors to attend unauthorized protest rallies. Fines for officials would range from 50,000 to 100,000 rubles, while fines for legal entities would range from 250,000 to 500,000 rubles. A repeat violation could send individuals to jail for up to thirty days, while legal entities would be fined as much as one million rubles [approx. €13,800].

“In my experience, there is no such thing as a perfect law bill. As for the current bill, the relevant committee has not yet meet to discuss it,” says Vyborny.

However, Vyborny is certain the amendments are necessary.

“Children cannot resist the negative influence of adults. It matters to them to express themselves, and we hope this bill will deter them from ill-considered actions. Administrative liability will be a deterrent,” he says.

What matters is that young people are not drawn into a culture of legal nihilism, the MP argues. According to Vyborny, the bill does not aim to punish minors, but protest rally organizers. Hence, the age limit is defined in the bill.

OVD Info estimated that ninety-one teenagers were detained on May 5, 2018, in Moscow at an unauthorized protest rally to mark the inauguration of Vladimir Putin as president for the fourth time. According to OVD Info, at least 158 minors were detained nationwide on May 5 at similar protests. OVD Info estimated that a total of 1,600 people were detained that day.

Lawyer Oleg Sukhov says proving protest rally organizers are in violation of the new law would be a piece of cake. Rallies are organized in different ways, including personal contacts and public announcements.

“Our government is planning to deter all means of organizing protest rallies. It realizes this work on the part of the opposition will only intensify over time not only via the web but also through communication with young Russians,” notes Sukhov.

The main point is the government would not have to prove anything, argues Sukhov. Minors will go on attending protest rallies. Whenever they tell police they saw an announcement on the web, the organizers will be charged with violating the law according to a fast-track procedure.

“Clearly, the law will be enforced selectively. It’s a classic manifestation of the so-called mad printer. The terms used in the wording of the bill are not defined at all. For example, what does it mean to ‘encourage’ a teenager to attend a rally? Can teenagers attend rallies? They can. So, how do we figure out whether they attended on their own or were ‘encouraged’? We can’t,” says Navalny’s righthand man Leonid Volkov.

Volkov does not believe the law will be effective since protesters have been paying fines as it is.

“It is no accident this attempt to intimidate young people made the news today, the same day the Investigative Committee released a video about a teenager who goes to prison for reposting [‘extremist’ items] on social media. Of course, this will only produce new Primorsky Partisans,” Volkov concludes.

“Extremism Is a Crime,” a video posted on YouTube on June 25, 2018, by the MultiKit Video Studio. The annotation to the video reads, “A public service video on the dangers of extremism, produced by MultiKit Video Studio for the Russian Investigative Committee’s Altai Territory Office. The video will be shown in schools to prevent such crimes.”

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KMO_156800_00022_1_t218_212746.jpgAlexei Avetisov. Photo by Emin Dzhafarov. Courtesy of Kommersant

Youth Policy Finds a Direction
Kremlins Finds a Specialist in Subcultures and Extremism
Sofia Samokhina, Maxim Ivanov and Lada Shamardina
Kommersant
July 11, 2018

Kommersant has learned Alexei Avetisov, member of the Russian Public Chamber and president of the Russian Student Rescue Corps, could join the Office of Public Projects in the Kremlin. Avetisov has been tapped to head the Department for Combating Extremism among Youth. Ksenia Razuvayeva, head of Rospatriotcenter (Russian Center for the Civic and Patriotic Education of Children and Young People) has been named as a candidate for head of the Department of Youth Policy in the Office of Public Projects. Both candidates would still have to be vetted by the Kremlin.

Alexei Avetisov, member of the Russian Public Chamber and president of the Russian Student Rescue Corps, could head the Department for Combating Extremism among Youth in the Kremlin’s Office of Public Projects. Currently, the Office of Public Projects, which is run by Sergei Kiriyenko, the president’s first deputy chief of staff, has no such department. Our sources say Mr. Avetisov would be tasked with overseeing youth subcultures and decriminalizing the youth scene, in particular, by dealing with the popular AUE network of criminal gangs. The Presidential Human Rights Council discussed the issue with Vladimir Putin in December 2016.

Olga Amelchenkova, head of the Victory Volunteers Movement and member of the Russian Public Chamber, told us there were few organizations in Russia involved in volunteering in emergencies, and Mr. Avetisov was one of the few people who had constantly brought up the subject in the Public Chamber.

An acquaintance of Mr. Avetisov’s said his Russian Student Rescue Corps had brought many universities together. The organization took part in the first Taurida Camp held after the annexation of Crimea in 2014, an event attended by MPs and high-ranking officials. From 2015 to 2017, Mr. Avetisov was director of Territory of Meanings on the Klyazma, a youth education form, sponsored by Rosmolodezh (Russian Agency for Youth Affairs). His main job at the forum was providing technical support for the camp.

On June 6, Znak.com, citing its own sources, reported law enforcement agences were investigating Territory of Meanings on the Klyazma and, in this connection, “questions for the forum’s ex-director Alexei Avetisov could arise.” The website indicated companies allegedly affiliated with Mr. Avetisov had for several years been awarded “lucrative” contracts for constructing venues at the forum. The firms in question had no experience implementing government contracts. Currently, some of the companies have either gone out of business or are dormant, wrote the website.

Timur Prokopenko, deputy chief of staff in charge of the Office of Domestic Policy in the Kremlin, had been in charge of youth forums in recent years. He also handleded youth policy in his capacity as head of the Office of Domestic Policy. However, on June 14, a presidential decree turned youth policy over to the Office of Public Projects.

znakcom-2039402-666x375Territory of Meanings staffers. Photo from the camp’s VK page. Courtesy of Znak.com

Gazeta.Ru has reported that Rospatriotcenter head Ksenia Razuvayeva could take charge of the Office of Public Project’s Department of Youth Policy. Before taking over the running of Rospatriotcenter, Ms. Razuvayeva ran the Moscow branch of the Russian Volunteers Union and collaborated with the Young Guard of United Russia (MGER), which Mr. Prokopenko ran from 2010 to 2012. Ms. Razuvayeva would not confirm to us that she was moving to the Office of Public Projects Earlier, a source of ours in the Kremlin said she might not make it through the vetting process. Another of our sources noted a possible conflict of interests was at play. Ms. Razuvayeva also told us it was the first time she had heard about Mr. Avetisov’s moving to the Office of Public Projects.

“The vast majority of Young Guardsmen and other pro-regime activists brought up through the ranks in the past decades are supremely focused on their careers. The system simply spits out anyone else,” political scientist Abbas Gallyamov told us.

According to Gallyamov, “Changing colors for the new boss and refusing to have anything to do with people they worshipped only the day before are quite ordinary for this crowd.”

“Therefore, it does not matter whose people they were considered yesterday. They will be loyal to any boss, just because he or she is the boss,” Gallyamov added.

Translated by the Russian Reader

The New Serfs

kozyrev-muscovitesPhoto by Yuri Kozyrev for the project Muscovites. Courtesy of Novaya Gazeta

The New Serfs
On July 9, Millions of Migrant Workers and Foreign Students Will Be Stripped of the Right to Freedom of Movement in Russia in a Single Bound. What Has Happened?
Vyacheslav Polovinko and Tatyana Vasilchuk
Novaya Gazeta
July 6, 2018

On June 28, Vladimir Putin signed Federal Law No. 163-FZ, which clarifies the guidelines for immigration registration in Russia. According to the amended law, such notions as a foreign national’s place of residence and the party hosting the foreign national have been defined more precisely. The majority of media outlets have described the new law as making the lives of migrant workers less burdensome, since the new law says foreign workers can be registered as dwelling in construction site trailers. This has provoked grumbling among “tolerant” Russians, who have complained migrant workers will arrive in even greater numbers and occupy all the country’s trailers.

In fact, the situation is quite different. The new rules are a blow to all law-abiding migrant workers and nearly all foreign students. Any legal entity that attempts to hire foreign nationals to work or study in Russia could find itself in violation of the law.

Even people who have all the papers and permissions for staying in Russia could be deemed lawbreakers.

The July Eighth Law
When a foreign national arrives in Russia, she is obliged to present herself to the immigration authorities and register her place of residence. However, she cannot register herself: the people or entities who invited her are obliged to do this. If she has come on a private visit, this would be the owner of the flat she has rented or the hotel where she is staying. If she has come to Russia to study, the university where she will be studying is obliged to register her. If she has come to Russia to work, the company in which she is employed must register her. (The last instance is more flexible, because her company is obliged to register her with the immigration authorities, but they may or may not register her place of residence as they wish, apparently.) Private landlords are a separate topic, but legal entities would take the easy way out. The law used to permit them to register the university or the company’s main address as a student’s or employee’s domicile. However, the foreign national could actually live somewhere else. It was understood, however, that if the police or other competent authorities were looking for her, they could do so at the address where she was officially registered.

The old system had its advantages and its shortcomings.

“There are companies that have five or six thousand foreign nationals on staff. It is convenient for them to register people at their business address to oversee whether their employees are paying for work permits and extending their residence permits on time,” says migration expert Svetlana Salamova.

The other side of the coin has to do with the poor living conditions of some foreign workers. This is most often the case among migrant workers from Central Asia.

“Employers would sometimes accommodate fifteen people at a time in trailers, in which the living conditions were rough. Besides, finding people via their legally registered domicile was often quite complicated,” explains human rights defender Andrei Babushkin.

To solve these problems, the definitions of key notions in the immigration laws have been amended. Actually, however the circumstances of migrant workers and their Russian employers have been considerably worsened, not improved. The amendments signed into law on June 28 stipulate that the place where the foreign national stays cannot be a normal domicile, but it can be other premises where the foreign national or stateless person actually resides, i.e., regularly uses for sleep and relaxation. If she is registered by a Russian organization, the foreigner must live for all intents and purposes in premises belonging to the organization. However, the premises must be equipped as a dwelling space.

In other words, if a foreign worker wants her company to register her with the authorities, she is obliged to reside full time in the company’s living accommodations.

The catch is that most legal entities simply do not having living accommodations. Construction companies will have the easiest time of it. They will now actually be able to register workers as legally residing in trailers and makeshift barracks at construction sites. All other companies have nowhere to accommodate their employees from other countries. A sofa and a microwave are not sufficient conditions for turning a room into a legal residence.

“Legally speaking, a domicile is a place that has been registered as such,” says Salamova. “An office with a sofa in it is not a domicile, but if your company lets you keep your suitcases there and install a stove and refrigerator, theoretically you could be registered as dwelling there. In this case, however, the employee from the personnel department who registers you with the Russian Interior Ministry [i.e., the police] will have to supply the immigration authorities with paperwork showing the room has been registered as a domicile.”

Will Russian companies be willing to turn their offices into bedrooms? The answer is obviously no.

Large auditing and consulting agencies, a field in which many foreign nationals are employed in Russia (not only expatriates but also graduates of Russian universities who are nationals of the former Soviet republics) have started to warn their employees about the need to look for a place where they can be registered as residing. Victoria Plotinskaya, marketing and public relations director at AT Consulting, told us that foreign employees at her company must register at their actual addresses before July 9. Previously, AT Consulting registered them at its business address, but now it is willing to provide them with legal assistance. Plotinskaya assumes their employees will have no difficulties, since registering oneself as residing in a rented flat is not a problem,  she claims.

We, however, have learned that several employees of major companies have been thinking about quitting their jobs or transferring to their home countries because their landlords have no intention of registering them.

“Companies will lose the ability to keep track of the immigration registration of their foreign national employees, while  foreign nationals who live in rented flats will have to negotiate with their landlords about registering them,” says Roman Gusev, director of Ernst & Young’s taxation and legal services department. The company does not plan to lay off any employees.

“In practice,” Gusev continues, “we see that many landlords refuse to deal with this procedure, because they don’t want the added administrative burden. In such cases, foreign nationals will have to urgently look for new accommodations. On the other hand, landlords who agree to meet the new requirements will have to keep close watch over their foreign tenants’ arrivals in the Russian Federation, since they have to be registered with immigration authorities after each such arrival.

“There are also risks for conscientious landlords. If their foreign national tenants arrive in the Russian Federation and fail to inform them, the landlords will be breaking the law without knowing it. On the other hand, foreign nationals could also find themselves in a pickle if their landlords suddenly refuse to register them with the immigration authorities or are simply unable to do what the law requires of them because they happen to be out of town,” concludes Gusev.

Unfortunately, the new rules are also retroactive, apparently, meaning everyone who is registered as residing at a business beyond July 8 will be in violation of the law come this Monday—unless, of course, they are unable to swiftly persuade their landlords to register them. In this case, however, no one can vouch that landlord will supply this service for free. Rental agreements presume that landlords pay taxes on the rent they charge. Verbal agreements to rent someone a flat and register them while not paying taxes could lead to a rise in the price of flats let to foreign nationals in Russia.

Formally, nothing has been said about the retroactive force of the amendments to the law, as signed by Putin. However, human rights activists have already been getting reports of attempts to deport migrant workers for dwelling in places where they are not registered to reside. In fact, the Interior Ministry already has the power to deport a non-Russian national if an inspector discovers him somewhere other than his registered domicile, say, at another flat in the evening.

This was what happened to Uzbek nationals in Omsk Region, says human rights activist Valentina Chupik. The Uzbeks went to a immigration center with registration papers obtained from a middleman, and they were sent off to be deported, allegedly because they did not live at their registered domicile.

In other words, under the new law, migrant workers no longer have the right to spend the night somewhere other than their legally registered, actual residence.

Under Article 54 of the Russian Constitution, laws cannot be applied retroactively. This was underscored by the specialists at Alliance Legal Migration, a firm based in Petersburg. In theory, then, all registrations issued before July 8 should be valid for their full terms. This can be proven only in court, however. Yet Russian courts rarely side with migrant workers.

Dormitory Hostages
Foreign nationals employed by Russian companies are only half of the problem. If push comes to shove, they can pay landlords extra money to register them. All foreign students in Russia are now at risk as well. Previously, universities would register their main buildings as the legal domiciles of their foreign students, but now they will be obliged to register all of them in university dormitories. However, the number of rooms in the dorms does not match the number of foreign students, and out-of-town Russian students have to live in dorms as well. Besides, there are students who do not want to live in dorms and can rent flats, students who have children, for example. Previously, they could count on their universities registering them, but now they will have to take care of their own registration.

The new law also applies to students who left for summer holidays not knowing they would return to Russia in the autumn on new terms. In addition, students who are registered in dorms are virtually their hostages.

Any violation of university regulations or, for example, attendance at an opposition rally gives university deans the chance to opportunity to revoke the registration of “troublesome” foreign students, which automatically means they are in violation of immigration laws and can be deported. Considering the fact that many international students have never experienced serfdom, they behave like free women and men. Their freedom will now be harshly restricted by the hours when the dorm’s main entrance closes.

Universities themselves seemingly have not yet figured out yet what they are going to do. The new rules have been a big surprise to most of them. The main issue they face is how they will now enroll international students if registering all of them legally has become impossible.

The Peoples’ Friendship University of Russia (RUDN) refused to comment on the amended rules. We were told by a spokesperson at the Higher School of Economics (HSE) that they were in the process of working out a way of dealing with the new rules. However, we have in our possession correspondence between students and the HSE’s immigration department, who categorically informed the students they could be registered only at their actual places of residence.

At Moscow State University (MGU), we were told, “The issues of timely migration registration and visa extensions for foreign students residing in rented flats is currently being examined by university management in order to find the optimal solution.”

“The university has not contemplated any limitations to enrolling foreign students due to the adoption of Federal Law No. 163-FZ, dated June 27, 2018,” a MGU spokesperson added.

Other universities failed to respond to our inquiries before this issue of the newspaper was sent to the presses.

“If a university does not have a dormitory or does not have enough room in its dormitories, students can ask for a written request from the university to landlords, asking them to register the students at their actual domiciles. And then the landlords can register them if they want to do so,” explains Salamova.

Closely Watched Flats
You should not imagine that all of the above is a headache for foreigners, but has nothing to do with you.

According to the new rules, Russian nationals who let flats to foreign nationals are automatically regarded as “hosts,” meaning they are obliged to register them as residing in their dwellings and are responsible for them.

“There will also be increased check-ups and fines in the case of noncompliance with the laws for people who let flats to foreigners,” predicts Salamova.

In all fairness, such fines also existed earlier, but they were almost never issued. We have been informed that as soon as the World Cup ends, the police will make an extra effort to inspect all residential buildings and search for unregistered foreigners living in them.

Moreover, Russians are currently responsible for foreign nationals, even if they have left the country but their immigration registration is still valid. A law bill, sponsored by Irina Yarovaya and on the verge of its second reading, has been tabled in the State Duma. If passed, it would make it possible to remove foreigners from the immigration registry instantly and on one’s own via the web. This means landlords would also be able to remove tenants from the registry whenever they wanted, claiming, for example, that they had lost touch with the migrant workers in question. Foreign tenants would thus be subject to the whims of landlords, who could raise their rent at the drop of a hat, threatening to remove them from the immigration registry if they failed to pay. Besides, if a migrant worker does not live in the flat where she is officially registered, she can find herself without papers at any minute because, according to yet another amendment, she can be stricken from the rolls as residing in a particular flat without her knowledge. This means that beat cops can stop her on the street and automatically fine and deport her.

In mid June, the State Duma approved yet another law bill in its second reading. If passed, it would make organizations that invite foreigners to Russia wholly responsible for their actions. For example, if a foreign national works somewhere else than the organization that invited him or “is up to no good,” as MP Viktor Karamyshev has put it, the authorities will pay a call to the foreigner’s primary host organization. In addition, companies would have to make sure that when an employment contract ends, the migrant worker leaves the country instantly. Otherwise, the companies would be fined.

At the same time, the State Duma approved a new list of fines for noncompliance with all these rules on the part of organizations and ordinary Russians.

Under the new regulations in the Administrative Offenses Code, individuals will pay fines of up to 4,000 rubles for violations involving migrant workers, while officials will pays up to 50,000 rubles, and legal entities will pay up to 500,000 rubles [approx. 6,700 euros].

Beneficiaries  
By and large, the batch of laws that have been adopted or are still under consideration (the Interior Ministry, for example, has launched an expert group to draft a Migration Code) should at least be sent back to the relevant committee for revision, since, as Babushkin says, “The harm they do outweighs the good.” But the way the new rules have been drafted and adopted behind the scenes—they did not warrant a single public hearing nor, as far we have ascertained, did their authors consult with independent migration lawyers—suggests their oppressiveness is advantageous as they currently stand.

Who stands to gain, however? MP Irina Yarovaya, for example, argues that certain changes, such as the ability to remove migrant workers from the registration rolls on one’s own, are in the interests of ordinary Russians. She states her case in a clarification to the law bill that the MP’s aides sent to us in reply to a request for comments. On the contrary, human rights activists argue the Interior Ministry, which now has complete oversight over immigration, has received yet another tool for extorting bribes. Any migrant worker can be stopped on the street by the police and threatened with deportation: he will find it easier to pay them off. Any landlord can be intimidated with fines.

The threat of deportation is a convenient tool for dealing with troublesome individuals.

Our newspaper published the story of Gulchekhra Aliyeva and her family. She and her son were locked up for five days without food and water at the Ramenki District Police Station in Moscow. They were let out of their cells twice a day to go to the toilet. According to the Aliyevs and human rights advocates, the police tried to extort them, promising to deport them if they did not pay up. The ostensible cause was the tightening of security on the eve of the World Cup. After human right defenders intervened, the Aliyevs were released, and a criminal investigation into allegations of torture was launched.

“However, when the Aliyevs were summoned for questioning, it transpired  the police planned to deport them for being registered at their place of work rather than where they actually lived,” says Chupik.

Moreover, this happened before the new law had taken effect.

“We basically saved them by escaping the police station,” recalls Chupik.

The special services also stand to benefit from the new law. As we have learned from a source with ties to the academic world, special services officers have connections to the immigration departments in several Russian universities.

This is tantamount to reviving the Soviet system of “working” with international students at universities. Given that they inevitably violate the rules, they can be inclined to “friendship” and “cooperation” when necessary.

Besides, foreigners per se will now be unable to take the slightest step in Russia without official registration. Nationals of our allies Kyrgyzstan and Kazakhstan will also be punished, but that is collateral damage.

Finally, fly-by-night fake migration registrars stand to gain from the law, since their entire business will disappear into the shadow economy. Even now, migrant workers who travel to the Multi-Purpose Migration Center (MMTs) in Sakharovo, in the far southern outskirts of Moscow, cannot have their domiciles registered while other papers are being processed, including their work permits. Human rights activists say the MMTs has lost this right due to the new law.

“Everyone mobs Kazan Station, getting registered by people who give them counterfeit papers,” claims Chupik.

As far as we know, the neighborhood around the Kazan Railway Station, in central Moscow, has the largest number of people offering such dubious services. Moreover, these deals are made more or less in plain view of law enforcement officers, who do nothing about them: maybe they know something important we do not know or know more thane we. The price of counterfeit registration papers is between seven and eight thousand rubles [approx. 95 to 110 euros], a hefty sum of money for migrant workers.

The Interior Ministry stubbornly persists in saying nothing about how the new law will be enforced: it has not published any official clarifications. We have sent the ministry a request to comment, but when this newspaper went to the print, the ministry had not yet responded.

Thanks to Sergey Abashin for the heads-up. Translated by the Russian Reader

Monetizing Russia’s Migration Maze?

DSCN5633.jpg“Help is like hell, only it’s help.”

Punishment Minus Expulsion
Interior Ministry Develops Individual Approach to Migrant Workers
Anna Pushkarskaya
Kommersant
April 27, 2018

The Russian Interior Ministry has published draft amendments to the Administrative Offenses Code that would permit judges not to expel people from Russia who violated immigration regulations by allow them to take into account mitigating circumstances and substitute monetary fines for expulsion. The individual approach has already been enshrined in several articles of the Administrative Offenses Code by decision of the Russian Constitutional Court, but the police are willing to make it the “general rule for the assignment of administrative penalties.” Meanwhile, the Russian Justice Ministry has reported to the Council of Europe on measures it has taken in response to the complaints of stateless persons, although the rulings of the European Court of Human Rights (EHCR) and the Russian Constitutional Court on these cases have not yet been implemented, experts have noted.

The draft amendments to the Administrative Offenses Code, which would give judges the ability to replace administrative punishment with less harsh penalties, depending on the specific circumstances of the case, have been posted by the Interior Ministry for public discussion until May 4. The police drafted them on the basis of a February 17, 2016, ruling by the Constitutional Court. The ruling was rendered in the case of Moldovan national Mihai Țurcan, who was expelled from Russia for failing to notify the Federal Migration Service he was registered in Moscow Region. (This requirement is stipulated by Article 18.8 Part 3 of the Administrative Offenses Code, and it also applies to stays in Moscow, St. Petersburg, and Leningrad Region.)

Expulsion entails a five-year ban on entering the Russian Federation and reapplying for a residence permit. Courts did not consider the complainant’s work experience and payment of taxes as grounds for mitigating his punishment. The Constitutional Court ruled that these immigration regulations were unconstitutional and obliged legislators to individualize penalties for single violations of the controversial regulation by taking into account the length of an alien’s stay in the country, whether or not s/he has family in Russia, payment of taxes, and law-abiding behavior. Since December 2016, Article 18.8 Part 3 has allowed authorities to avoid explusion except in cases in which the documents confirming the alien’s right to stay have been lost or are lacking. In April 2017, the Constitutional Court’s approach was enshrined in the “General Rules for the Assignment of Administrative Penalties” (Article 4.1 of the Administrative Offenses Code), which deals with violations at official sporting events, for which foreign fans can get off, under mitigating circumstances, with a fine of 40,000 to 50,000 rubles and a ban on visiting stadiums for a period of one to seven years.

In October 2017, First Deputy Prime Minister Igor Shuvalov instructed authorities to extend the approach to all cases of compulsory explusion. If the court concludes that expulsion is an excessive stricture on the right to a private life and is disproportionate to the objectives of administrative penalties, it can be substituted by a fine of 40,000 to 50,000 rubles [approx. 530 euros to 660 euros]. Courts may already opt not to order expulsion in accordance with the clarifications issued by the Russian Supreme Court and Russian Constitutional Court, but now the factors courts should take into account are supposed to be incorporated in the wording of the law, noted lawyer Sergei Golubok. Lawyer Olga Tseitlina told Kommersant the draft amendments are quite important, because courts have, in practice, ignored marital status and other vital circumstances.

At the same time, the Russian Justice Ministry has sent a letter to the Council of Europe’s Committee of Ministers, asking it to recognize that the EHCR’s rulings on complaints filed by stateless persons have been implemented. The virtually indefinite detention of complainants in special Russian Interior Ministry facilities on the basis of rulings by Russian courts and the conditions of their detention in custody were ruled violations of the European Convention on Human Rights. The Justice Ministry reported that compensation had been paid to the complainants. They are now no longer subject to expulsion and deportation, and can “fix their migration status.” Moreover, the State Duma has passed, in their first reading, the admendments to the Administrative Offenses Code drafted by the Interior Ministry to settle the problem, the Justice Ministry reported four years after the ECHR issued its ruling. The Justice Ministry referred to the Constitutional Court’s ruling in the Mskhiladze case. In May 2017, the court also ordered that the Administrative Offenses Code be amended.

The ruling has not been implemented, noted Golubok and Tseitlin, who represented Mr. Mskhiladze. The ECHR’s decision in the case of another of Tseitlina’s clients, Roman Kim, has not been implemented, either, she told Kommersant.

“He has no legal status and de facto cannot apply for [Russian] citizenship or a [Russian] residence permit, since he cannot expunge his conviction due to his unemployment, but he is unemployed because legally no one can hire him,” said Tseitlina.

She stressed the general measures required by the ECHR and the Constitutional Court have not been implemented, either, since no changes have been made to Russian federal laws.

Thanks to anatrrra for the heads-up. Translation and photo by the Russian Reader