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the HRC is preparing a draft law on the “translation” article 212.1 of the criminal code to the administrative code.

Presidential Council on human rights (HRC) is preparing a bill on the “translation” of the so-called “Dudinsky” article 212.1 (“the repeated violation of order of organizing or holding meetings, rallies, demonstrations”) of the criminal code to the administrative. As reported by “Kommersant” the head of the HRC Valery Fadeev, the legislative initiative may be issued in may. “Politically motivated” prosecution of the convicted person under this article Konstantin Kotova, as well as a number of citizens by the authorities of the Russian Federation in other cases, however, it became the reason to make a new resolution “On the Russian political prisoners” in the U.S. House of representatives. Mr Fadeyev called the document a “political game”.

Article 212.1 of the criminal code shall be transferred to the administrative code to provide for punishment only in the form of fines. This thesis will be the basis of a draft law which is prepared by members of the HRC to introduce in the state Duma, told “Kommersant” Valery Fadeev. He noted that the project of the law work Henry Reznik, Andrey Babushkin and Mara Polyakova (expert Council.— “B”). “Maybe work on the legislative initiative will be completed in may,” said Mr. Fadeyev.

Article. 212.1 of the criminal code (“the repeated violation of order of organizing or holding meetings, rallies, demonstrations”) known as “Dudinsky” the first convicted was Ildar Dading. In December 2015, he was sentenced to three years in prison, after an appeal the term was reduced to two and a half years. In February 2017, the constitutional court decided to review judicial acts, and the activist was released. Until 2019, article 212.1 called “dormant”, however, on 5 September, four years in prison for four peaceful picket received the activist Konstantin Kotov (the maximum punishment under article — five years). Russia has passed a series of pickets in support of it. The members of the HRC has repeatedly spoken about the case of Mr. Kotov and reported it to Vladimir Putin. Open letter in support of activist published the priests, cultural figures, art and science. The petition for decriminalization of the article 212.1 published on change.org on the day of sentencing, at the moment signed by nearly 137 thousand.

“After the judiciary in some sense, went to meet him in Kotova, you need to ensure that liability under article 212.1 ceased to be a criminal. If we succeed, no one else will not sit,” — explained Valery Fadeev.

the Statement of mister Fadeeva coincided with the publication of resolution No. 958 “About the Russian political prisoners” submitted to the US House of representatives on may 8. Its authors, Democrat Eliot Engel and Republican Michael mccaul require Congress, among other things, to establish the names of the officials responsible for the politically motivated criminal cases in Russia, and to contribute to the sanctions list.

Along with Konstantin Kotov resolution referred to: Alexey Pichugin (former security chief of YUKOS, has been in custody since July 2003), Igor Mines (editor-in-chief of the newspaper “New wheels”, former Deputy Kaliningrad regional Duma, sentenced to 550 hours of community service), Anastasia Shevchenko (member of the Board of “undesirable organization” Open Russia, has been under house arrest since January 23, 2019), Yury Dmitriev (historian, researcher of the graves of the victims of political repression, is in jail for three years), Dennis Christensen (citizen of Denmark, a member of the banned in Russia religious organization “Jehovah’s Witnesses”, has been sentenced to six years in prison).

the resolution stresses that Russia 2015 “in six-fold increase in the number of political prisoners”. Resolution No. 958 — “ordinary resolution”, it is considered by the authority which made the document. It contained call for Secretary of state and the Secretary of the Treasury to impose sanctions against specific Russians is not mandatory. The Chairman of Fund of Boris Nemtsov, “For freedom” Vladimir Kara-Murza indicates that in the sanctions list can get “Yuri Chaika, as well as a number of judges and prosecutors, had a direct relation to these criminal cases”. “Besides, speech can go and about the head of the RCDS Alexander Bastrykin, who is already in the sanctions list,” said Mr. Kara-Murza.

the growth in the number of such victims in 2015 mister Fadeev to comment but could not.

the Lawyer Konstantin Kotova Maria Eismont believes that the international resonance of “illegal prosecution” will benefit her client, “because this case is about freedom of Assembly and the right to open and absolutely peaceful expression of his views.” Lawyer Vera Goncharova, also representing the interests of Mr. Kotov, said that the initiative of the HRC, if it provides for the decriminalization of the article 212.1 of the criminal code, “can only welcome”: “Neither this article nor any other that prevents peacefully and openly Express their opinion in the criminal code should not be. It is not clear what means “translation” from the criminal code in the code, but if we’re talking about the exception of article 212.1 of the criminal code, that’s fine. For Konstantin Kotova it will mean the liberation and rehabilitation”.

the Deputy of the state Duma of the Russian Federation, previously proposed mitigation “Dudinsky” article, Sergey Shargunov (KPRF) called the initiative of the HRC on the “transfer” provisions of the law from the criminal code to the administrative code an “attempt to soften and humanize the unfair articles of the criminal code”. Mr. Shargunov after sentencing Konstantin Kotov in September last year, pre��lag halving the amount of the fine (current maximum — 1 million rubles) for violating article 212.1 of the criminal code and the reduction in the maximum term of imprisonment from five to three years in prison. In December, the Russian government gave a negative opinion on the bill.

Maria Starikov, Aleksey Naumov