Amnesty for the Day of the Constitution. What articles fall under the Amnesty. The essence of the term, the order of application, acceptance, and the terms of the Amnesty

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2019-03-28 04:20:40

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In December 2013 on the website "Russian newspaper" published the message on carrying out of Amnesty for a wide range of individuals In the same month the whole country celebrated the day of Constitution of the Russian Federation 2013. The Amnesty, timed to this significant event have been implemented immediately after the publication of the document. The bill was submitted by the President of the Russian Federation for discussion of the State Duma.

Affected Amnesty

The Essence of Amnesty is to pardon a number of persons who for some reason have the right to withdraw from-under guards. However, people are eagerly waiting for the publication of the draft Amnesty was unpleasantly surprised to learn that the text contains many uncertainties and restrictions, not all hope will be justified.

In fact, the population of which were to fall under the Amnesty, were quite numerous. The first group are pardoned those convicted for less than five years, but not previously serving a sentence in correctional institutions. It is the position of the document were distributed to mothers of minor children, pregnant women, men over the age of sixty years, and women aged fifty-five years, citizens became the victims of the disaster at the Nuclear plant in Chernobyl, the disabled first and second groups, as well as military personnel and any other individuals who participated in the fighting.

According to the draft Amnesty, the charges will be removed and those who have not been sentenced to imprisonment, probation or parole. Fortune smiled and the criminals, the punishment is deferred or mitigated. Amnestied had to be citizens who committed offences as minors. In addition, the Amnesty promised to declare and for people convicted for such items as disorderly conduct, traffic violations and riots.

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Amnesty for the day of Constitution

"Wide" Amnesty affected and those criminal cases which were still at the stage of investigation or prosecution. All such cases and charges, the punishment for which is not more than five years, was cancelled. This rule also applies to minors and the accused in the first part of article 264 Criminal code (violation of traffic rules). In this circle of individuals has included the above military and pregnant women.

Articles, the Amnesty not covered

Convicted of more than one hundred articles of the Amnesty is not expected. Will remain in prison convicted of murder, infliction of serious or medium harm to health. For a series of articles about sexual abuse, fraud, major looting and robberies Amnesty also was not provided.

Amnesty for the day of the Constitution is not touched, the so-called "economic" criminals convicted of acts described with 169 200 article. The first person of the state explained this decision by the fact that the Amnesty for economic crimes has already taken place previously. Then, in 2013, was released more than 1,400 people. However, from the places of deprivation of liberty was not supposed to leave the citizens, whose crimes were a threat to public safety, such as terrorists.

The timing of the entry into force of the

The development of the project was the Council on human rights, consisting of the President. On 9 December of last year Vladimir Putin made the initial version of the document for further consideration. The Chairman of the State Duma Committee responsible for criminal legislation, Pavel Krasheninnikov, said that, most likely, the bill will be able to discuss and approve not until the 17th of December. The document States that the Amnesty period extends to the next six months after an official decree is published.

Acceptance of Amnesty and the initial reaction of the public

When the official website of the President of the Russian Federation put the news about the upcoming Amnesty, to this message I attached a note explaining some of the provisions of the project. Of note was that Amnesty to the Constitution day of Russia apply to a limited number of people, which are called the least socially protected. In other words, to pardon promised special categories of the population: some of the convicts, accused and suspects under investigation, as well as citizens, who made a special contribution to the Motherland.

Amnesty of prisoners

Vice-speaker of the State Duma, the representative of the faction of United Russia, Vladimir Vasilyev, said inform-agencies that Amnesty of prisoners will affect approximately twenty-five thousand people. According to the statements of deputies, the text of the resolution they found in the morning on Tuesday in "Rossiyskaya Gazeta". However, the necessary information did not appear on the website of the state Duma or to a network service of the Kremlin. It was known definitely that the President was going to "pardon" a much wider range of persons than stated in the explanatory Memorandum. Anyway, the public from the very beginning, greeted the news of the Amnesty turbulent and controversial discussion.

The ill-Fated third paragraph

In the draft resolution, the most interesting was the third paragraph, it said the Amnesty for categories notonly "beneficiaries", but for those already sentenced. The articles listed in the third paragraph of the resolution mentioned above. This is disorderly conduct, traffic violation not resulting in death, as well as participation in or organization of mass disturbances.

This brings To mind the President's meeting with Mikhail Fedotov, Chairman of the HRC. Then Mr Putin commented on the various features of the anniversary of the Amnesty, stating that it can apply only to people who actually have not committed serious crimes not committed any violent actions against representatives of the authorities. According to the government, there is no strong reason to release the socially dangerous individuals.

The Council on human rights worked on the text of the document for about three months. During this time the members of the Council insisted on expanding Amnesty. Initially, the discussion was narrowed to exempt only "criminals". However, at the last moment Vladimir Putin has somewhat changed its position and contributed to the draft of the resolution that the third point, which meant Amnesty for political prisoners.

You Should immediately delete the erroneous or incorrect reading, because the document was endorsed at the state legal Department of the President. Assured it also the first Deputy head of the administration, it is likely that the leader himself. Therefore, the publication of the note before making it to the main text explain some of the confusion and lack of preparation for such a course of events in the office of the President and coordinating with it organizations. Confirmation of this hypothesis can be a unusual style in which decorated the third paragraph. The legal component is significantly different from that observed in other parts of the document. In the following paragraphs you did not mention that Amnesty for the day of the Constitution should affect those individuals whose cases only are considered, which in practice turns out to be exceptional.

There was still the probability that the third item will eventually be removed from the Ordinance. But such a question certainly would have caused a stir and provoked a public scandal, which blew all segments of the population. That is why in the final "clean" version pardoned were not only criminals.

Amnesty period

Amnesty for "stars"

It's No secret that the Amnesty of prisoners is not just "joined the masses". It has become a symbol of the struggle for freedom for political prisoners, the struggle led by liberal activists and independent journalists for a long time.

The Phenomenon popularly known as "Putin's tyranny" and consisting in the mass charges of the persons leading the opposition anti-government activities, perhaps never existed, it was fictitious and false. After all, Amnesty 2013-2014 clearly shows that the government is able to dialogue with the population. Although opinions about the causes of this sudden grace is divided, the fact that Amnesty was held surprisingly at the time, as they say, "one day", is irrefutable. From custody out those whose release Amnesty seemed an impossible dream: feminists from Pussy Riot, activists of the "Greenpeace", Mikhail Khodorkovsky, the part of the defendants in the "Bolotnaya case". The charges were dropped and Anatoly Serdyukov.

During the amendment of the lawyers noted sea of opportunities to relieve their wards of all punishments. So, Mikhail Kreindlin, protected the rights of the crew of "Arctic Sunrise", explained that the amendments adopted in the second reading, dictate the release of certain individuals, for example, convicted under the article of hooliganism. They just treated the curious "Greenpeace". The amendment was adopted and is still included in the document in the third reading. That's why 30 activists of Greenpeace along with members of the crew were pardoned before trial.

article Amnesty

As we all know, Hope Tolokonnikova and Maria Alekhine were under investigation and was sentenced under the same article. The bill has found its application in relation to the girls, and they were able to go home for a few months before the end of the prescribed time limit.

It Should be noted that not all "swampies" were provided Amnesty. Only ten of the defendants passing through the article during the riots, was to be released from correctional institutions, only ten have been officially cleared of all charges. The Committee at the State Duma procedural, criminal, civil and arbitration laws strongly rejected the amendment on Amnesty of the persons accused for the use of violence against representatives of the authorities and organizing mass riots. In the absence of such paragraph 17 activists of the "Bolotnaya case" were not pardoned.

The List of people for whom Amnesty was not declared, quite wide. Many cases have received wide publicity. Vladimir Akimenkov, Maria Baronova, Artem Saveliev, Dmitry Rukavishnikov, Nikolay Kavkazsky, Fyodor Bakhov, Leonid Kovin, Anastasia Rybachenko, Oleg Arhipenkov, Stepan Zimin, Maxim Luzyanin, Alexandra Dukhanina, Yaroslav Belousov, Denis Lutskevich, Alexander Margalit, Aleksey Polikhovich, Andrey Barabanov, Sergey Krivov, Ilya Gushchin, Rikhard Sobolev,Alexey Gaskarov, Mikhail Kosenko, Konstantin Lebedev and Sergei Udaltsov should not be and will not be pardoned.

Call civil society, or Amnesty for "Case of 12"

The Project of the Amnesty, many have called the most real challenge to civil society. To become subject to Amnesty, prisoners should be left without protection. Published decision provoked a storm of indignation among lawyers and other persons engaged in legal activities. Half the trouble was that freedom was given not by the fact the masses who had been promised and a much smaller part of the population. A much more serious problem was the hardware and legal technique that has been performed so masterfully, that the law left a lot of the paradoxes, pitfalls and the duality.

First of all, the chance to be free would be able to only those who refused to protect their rights. Indeed, in terms of the Russian office of legal protection of accused and defendants is sufficient time, and the Amnesty is limited to six months. All potential and sentenced criminals had to make a choice: either to forget about professional protection at all, or to hope for "heaven's blessing" and wait for a speedy trial. The trick is that the sentence will be executed anyway, but to keep within the specified Amnesty period would be very difficult. So start thinking involuntarily about the sincerity of such a mercy from the government.

But particularly cruel and insurmountable obstacle was the resolution on Amnesty for the defendants in the well-known "Case of twelve". Don't forget that all of them had one common sorrow, one common "legal traps". But the status of all of the defendants had different. Of course, the rioters were profitable to try to speed up the process and to meet the investigation to wait for the probable release. Charged with violence against representatives of law enforcement agencies turn had desperately, with a vengeance to defend themselves. Perhaps they would have to appeal to a higher authority, but this sort of behavior literally contradicted and interfered with their "friends in misfortune" to avoid criminal punishment.

The opinions of professionals. The principal shortcomings of the Amnesty

Russian human rights activists and lawyers known for a long time commented on the decision of the authorities and ruthlessly criticized certain provisions of the resolution and the use of Amnesty as such.

terms of pardon

For some, like lawyer Maria Baronova, the situation became even more obscure and questionable than it was before. She stressed the unconventional Amnesty 2013, mentioning that all previous "pardon" was not tied to specific stages of the investigation or trial. Jubilee is Amnesty unobtrusive "selected" lucky ones that it affected. Strange wording that will only pardoned convicts has caused confusion among the specialists and the population as a whole.

Did Not like the order of application of Amnesty and Dmitry Agranovsky, who saw in it attempt to intervene in the proceedings as accused under articles 212 and 230 becomes necessary to become convicted and to listen to the conviction. Moreover, the terms were not acceptable and reasonable, they barely had enough for sentencing. According to counsel, this question has put some pressure on the participants in the process, he recalled the cases when the public witnessed one of the strange conditions of the Amnesty. Dmitri expressed the hope that this paragraph of the draft resolution will be amended accordingly, otherwise it will look unworthy of our state.

Sergei Davidis as the organizer of the March, held on may 6, the positive evolutions in the policy of the Russian authorities, but joined the opinion of colleagues “shop”, noting that the Amnesty was somewhat more poor and lowly than this waiting public. The easiest way was to release women and children, although it is obvious to all that prisoners – it is mostly grown men, many of whom are sitting for crimes unproven, incriminated them in little clear to anyone reasons.

What they say on this account by the competent person?

In December across the country held events civil educational and Patriotic nature, we celebrated the day of Constitution of the Russian Federation-2013. Amnesty liked very few people, but critics were not only independent and opposition experts, and persons occupying high positions in various organizations.

The Chairman of Helsinki group in Moscow, Lyudmila Alexeyeva expressed concern that, as often happens with the Russian legislation, at the last moment will be made unpredictable changes in the undesirable direction, and of the places of deprivation of liberty will come not so much prisoners as planned and advertised before.

The Council on human rights has tried to refute this information. Andrei Babushkin made an official statement claiming that the published draft has little in common with what was drawn up by the Council. He also confirmed "pseudoscientist" the Amnesty, because according to the draft decree on the will could leave less than a thousand people,the same would be released from custody. Such figures called the Federal penitentiary service of the Russian Federation, listing how many women, children and minor offenders should be pardoned. In fact, promised Amnesty would not be able to solve any of these challenges: to reduce the number of prisoners in correctional establishments, to reunite broken families, to correct excessively punitive prison statistics and different error. But the grandmother admitted that the similarity of the two versions of the project still is: they both consisted of items focusing on articles under the Amnesty, according to which was supposed to release the accused under articles about mass riots "Bolotnikov".

Valery Borschev, consisting of the Supervisory Commission of the city of Moscow, expressed regret about the fact that the accused in resistance to police and violent actions will not be pardoned. He takes the position that the majority of the charges in these cases is unproven.Amnesty for the day of the Constitution of the Russian Federation

Henry Reznik, representative and Chairman of the chamber of Advocates, explained this decision of the authorities desire to save his political face and to restore the reputation so badly damaged after the conflict, rallies and high-profile litigation with the "Pussy Riot", the defendants in the "Bolotnaya case" and others.

Anyway, almost all public figures and lawyers agreed that the Amnesty for the day of Constitution was not at all clean, clear and “people”. Many have called these state actions “show”, and people who are not related to legislative, Executive or judicial, and authorities did not give Amnesty to some sverhtyazhelaya, skeptical attitude to the project and, as is our custom, with distrust. However, the Amnesty act can be considered a successfully implemented, because many well-publicized scandals was eventually allowed such "conciliation" with the government by.

Believed there in the West?

Russia's Constitution day AmnestyThe Western media timed "mercy" of the Russian authorities to the impending 2014 winter Olympics, the venue which was chosen Sochi. In Europe, this step is really appreciated, foreign politicians and public figures to release such large numbers of prisoners seemed to step correct and logical, albeit not entirely effective. "InoPressa", for example, quoted an article by a German magazine, which stated the insolvency of and Paphos held Amnesty. The publication "The New Times" to adhere to the same point of view, Amnesty was carried out in order to make amends for the disgrace and before the Olympic games to create a vision of a democratic, free Russia. According to popular opinion, it was a symbolic reason for such a choice date - the Day of the Russian Constitution. The Amnesty took place, but became just a logo, a striking attempt to Express themselves in a new way, to showcase the state in a new light. That is why amendments to the bill were a priori meaningless, because the decision itself was bad, all the wording was a failure, and phrases, and abstracts – flowery.


Article in other languages:

AR: https://tostpost.com/ar/the-law/16082-amnesty-for-the-day-of-the-constitution-what-articles-fall-under-the-a.html

BE: https://tostpost.com/be/zakon/31268-amn-styya-da-dnya-kanstytucy-yak-ya-artykuly-traplyayuc-pad-amn-styyu-.html

DE: https://tostpost.com/de/das-gesetz/30935-amnestie-zum-tag-der-verfassung-welche-artikel-fallen-unter-die-amnest.html

ES: https://tostpost.com/es/la-ley/30804-la-amnist-a-a-d-a-de-la-constituci-n-los-art-culos-que-caen-bajo-la-am.html

HI: https://tostpost.com/hi/the-law/17692-amnesty-for-the-day-of-the-constitution-what-articles-fall-under-the-a.html

JA: https://tostpost.com/ja/the-law/15743-amnesty-for-the-day-of-the-constitution-what-articles-fall-under-the-a.html

KK: https://tostpost.com/kk/za/31585-ra-ymshyly-konstituciya-k-n-ne-arnal-an-anday-babyny-t-sed-ra-ymshyly-.html

PL: https://tostpost.com/pl/prawo/32663-amnestia-z-okazji-dnia-konstytucji-jakie-artyku-y-trafiaj-pod-amnesti-.html

PT: https://tostpost.com/pt/a-lei/32372-anistia-para-o-dia-da-constitui-o-quais-os-artigos-que-se-enquadram-na.html

TR: https://tostpost.com/tr/hukuk/27985-af-g-n-anayasa-hangi-makale-alt-na-giren-af-z-s-resi-uygulama-s-ras-ka.html

UK: https://tostpost.com/uk/zakon/31814-amn-st-ya-do-dnya-konstituc-yak-statt-potraplyayut-p-d-amn-st-yu-sut-s.html

ZH: https://tostpost.com/zh/the-law/11815-amnesty-for-the-day-of-the-constitution-what-articles-fall-under-the-a.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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