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Date: 5 months ago   Category: Society

It is necessary to prove not the fact of like, but evil intention: The Supreme Court has explained affairs for extremist materials


Thoughtless reposts aren't crime if the intention on incitement of hatred wasn't, it is told in the accepted document. It is also recommended to vessels to consider audience of publications and to treat critically opinions of experts the Supreme Court of Russia. Photo: Sergey of Savostyanov/TASS the Plenum of the Supreme Court of Russia has made the decision to specify jurisprudence on the affairs connected with crimes of extremist orientation. As the judge of VS Vladimir Davydov has said, reposts of extremist materials can't be considered crime if there are no proofs of intention on incitement of hatred. Writes RIA Novosti about it. "In the Criminal code of the Russian Federation there is no responsibility for reposts, only for arousing hostility. Even if material extremist, and the person has copied it to himself on a page, it doesn't speak about anything. It is necessary to prove intention" — Davydov has told. The supreme judicial authority of the country recommended to consider a context of publications at issuing verdicts and has reminded of constitutional right of citizens to share information. According to VS, it isn't necessary to rely entirely on the expert opinion, judges also have to study a page in a social network of the defendant for a repost. That decisions of the Supreme Court will be effective by hearing of cases under article 282 Criminal Code of the Russian Federation, and the resolution will exert impact on already rendered verdicts, the lawyer Alexey Bushmakov doubts. He protects the female resident of Barnaul Maria Motuznuyu who is judged just under this article for the kept pictures in VKontakte. Alexey Bushmakov is a lawyer "I can't claim that the sentences which have taken legal effect will be reconsidered as a result of modification of earlier taken place plenums. I can't tell also that it somehow will influence jurisprudence because the only effective method of her change is cancellation or change of sentences. Courts and investigators also don't pay attention to resolutions of a plenum of the Supreme Court". The leader of the human rights Agora group Pavel Chikov considers that explanations of the Supreme Court of the Russian Federation about prosecution for reposts aren't enough for change of a situation. The fact that the Russian courts often ignore resolutions VS was told also by the lawyer Svetlana Sidorkina. In May, 2016 she protected the engineer Andrey Bubeev sentenced to two years of colony for reposts on social networks. According to Sidorkina, the 282nd article needs even big specifications. Svetlana Sidorkina is a lawyer "I consider that this a little late decision, it was necessary to accept him after adoption of law as so far many people not only have been brought to trial, but also have served real terms. At the legislative level it is necessary to change criteria by which people are brought to trial for reposts and likes, it is necessary to concretize a concept of extremism that is understood as him. Until is a reality, interpretation of sanctions according to which bring to trial will remain wide". According to "Agora", in 2017 48 users of social networks for publications were

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