Amnesty for the 100th anniversary of the revolution. A draft amnesty in honor of the centenary of the October Revolution was submitted to the State Duma. What is amnesty

On October 16, the Human Rights Council (HRC) sent a draft to the Deputy Head of the Presidential Administration Sergei Kiriyenko, according to which the administrative amnesty of 2017 will affect thousands of Russians. Timed to coincide with the centennial anniversary of the October Revolution, it will make it possible to write off unpaid fines, including for traffic offences.

November forgiveness of sins

During a visit to Sochi for the World Festival of Youth and Students, the head of the Human Rights Council, Mikhail Fedotov, told reporters that an administrative amnesty for the 100th anniversary of the October Revolution is ready on paper. At the same time, the idea was initially voiced by Fedotov back in May: then he said that it would be “very cool” if the head of state initiated a new type of amnesty for fines and debts. Russian system justice, according to the human rights activist, the institution of amnesty is necessary, and forgiveness should be done more often and on a larger scale.

He clarified that we are not talking about the February Revolution, which ended with the abdication of the Tsar, but about the October Revolution of the 17th, which resulted in the seizure of power by the Bolsheviks. Thus, it turns out that even if an amnesty for administrative offenses is carried out in 2017, there are several weeks left for its approval.

Fedotov explained that the project concerns not only administrative offenses, but also criminal offenses, and a thousand (in another interview - a million) Russians will fall under it. He noted that usually every few years, amnesties are given to those serving time in prisons and colonies, although in Russia XIX centuries and in Soviet times, those who committed a less serious crime also deserved forgiveness. In modern realities, these may be those who did not pay the fine on time and accumulated penalties for it.

The head of the HRC promised that, even if the prepared proposals are not considered, a bill will be developed to amend the Administrative Code. Today it provides for the possibility of exemption from administrative violations, but there is no mechanism. New bill will make it possible to more clearly and in detail prescribe the mechanisms of amnesty for administrative offenses, because for now they are “registered superficially and fragmentarily.”

Note! The last amnesty was timed to coincide with the anniversary of the Victory in the Great Patriotic War, and then 244 thousand people who were serving time on criminal charges received forgiveness.

Who's lucky?

If the administrative amnesty 2017 is implemented, what violations will the procedure affect? It is proposed to write off issued but unpaid fines for violators:

rules traffic;

migration legislation.

It is not reported whether the severity of the offense, the size of the fine and what general criteria will form the basis for amnesty will matter.

But if you follow the concept of criminal amnesty, then those who have committed a minor crime or have mitigating circumstances will fall under the administrative amnesty. We may be talking about a primary offense, low income, old age, or failure to cause significant damage to property or health. However, all this is just guesswork, because the authors of the new concept did not voice specifics.

I haven't decided yet

Press secretary of the head of state Dmitry Peskov answered questions from journalists about the administrative amnesty driver's license 2017 reported that no decisions have been made on this issue yet.

All proposals received by the president, he noted, are considered for their feasibility, and if the project really deserves attention, the necessary decision is made on it.

Supreme Court statistics

Interestingly, the Judicial Department Supreme Court cited the following statistics for 2016:

total number of registered violations by articles of the Code of Administrative Offenses– 6.4 million;

fines were issued to 3.7 million citizens;

1.1 million administrative arrests were assigned;

deprived of a driver's license - 457 thousand;

the total amount of fines is 85.3 billion rubles.

The opposition is not asleep!

Leader of the Left Front and oppositionist Sergei Udaltsov was one of the first to speak out in support of the administrative amnesty 2017, it was reported latest news. During a picket near the State Duma building, he was detained and taken to the Tverskoy district police station. He was accompanied by his ally Alexey Vorontsov, who held a poster during the picket.

As Udaltsov’s wife reported to RIA Novosti, after an explanatory and preventive conversation, the oppositionists were released. Due to the lack of grounds, no protocols were drawn up on them.

Let us remind you that in August Udaltsov was released from prison, where he was imprisoned for 4.5 years under Article 212 of the Criminal Code “Organizing mass riots.” Then he was summoned to the Investigative Committee for questioning. According to him, the conversation was supposed to concern the events of five years ago on Bolotnaya Square, however, the witness refused to testify against himself.

It is impossible to give a definite answer to the question of whether there will be an administrative amnesty in 2017. Wait and see.

Vladimir Putin is considering three amnesty projects at once. One of them was sent by the Human Rights Council under the President. The other two are the Liberal Democratic Party and the Communist Party of the Russian Federation

Three amnesty projects are on the president's desk. Moreover, all are dedicated to the 100th anniversary of the 1917 revolution. Which one will Vladimir Putin choose? And will there be an amnesty at all?

The Human Rights Council under the President sent its draft to the administration of the head of state. Moreover, amnesty is both criminal and administrative. It is proposed, in particular, to write off unpaid fines from citizens. There are thousands of them, the HRC said. These include fines for traffic violation and migration rules.

According to the HRC, the criminal amnesty should include women with children, women over 55 and men over 60, as well as war veterans, HRC head Mikhail Fedotov told Business FM:

Mikhail Fedotov head of the Human Rights Council “Our amnesty project is, in fact, just a concept. Moreover, for some reason, interest in this document has now intensified, although it was submitted to the Presidential Administration for consideration back in May of this year. But in this draft amnesty concept, it says first of all about holding a regular amnesty, which is traditionally held every two to three years, timed to specific dates. We proposed that it be timed to coincide with the 100th anniversary of the 1917 revolution in Russia. I want to emphasize that we are not talking about the centenary of the Great October Socialist Revolution, but about the revolution that began in our country in 1917 in February and ended at the beginning of 1918 with the dispersal of the Constituent Assembly. In our concept of amnesty, in addition to a general criminal amnesty, it was also planned to carry out an administrative amnesty - to exempt administrative fines, which have been imposed, but have not yet been paid, for administrative offenses in the field of traffic and in the field of migration policy. According to the Constitution, amnesty is declared not by the president, but by State Duma. True, in recent years“There is a tradition that the initiative to declare an amnesty comes from the president.”

Similar amnesty projects for the anniversary of the Great October Socialist Revolution were previously introduced by the LDPR and Communist Party of the Russian Federation. Presidential press secretary Dmitry Peskov said that the Kremlin has not yet made any decisions on amnesty. “If any proposals have been received, they will be reviewed to determine their feasibility,” he said.

So which document will ultimately turn out to be appropriate and which will not? Comment Director of the Center for Political Science Research of the Financial University Pavel Salin:

“I think that such a decision will be made because the authorities did not allow the left-wing forces to privatize the theme of the centenary of the revolution - there were concerns about this a year or even six months ago. But we see that the centennial anniversary of the October events is practically not present in the information field. There are no image risks for the authorities in this regard. Therefore, I think that the amnesty project will be signed by the president, but the emphasis will be on the humane appearance of the government. This step will not harm the authorities and Vladimir Putin personally, but, on the contrary, will give additional points in the context of the election campaign.

— In that case, when do you think this amnesty can be announced, based on the needs of the campaign, and what could be included in it?

— I think it will be announced closer to the official start of the election campaign or right at the start. And who will enter it? It seems to me that the HRC project has the best chance of implementation, both from a formal and an actual point of view. It is, of course, more convenient for the president to support the project that is put forward by the structure under him, and not by any of the parties. As for the factual point of view, I think that the government, since it is confident that it is completely in control of the situation and any actions will not lead to destabilization, it benefits from the broadest possible amnesty in order to thus earn electoral points.

The last time an amnesty was held in Russia was in 2015, the year of the 70th anniversary of Victory in the Second World War. According to official data, more than 78 thousand people fell under it. Including oppositionist Ilya Yashin and a member of the Pussy Riot group.

On the forum police officers managed to discover draft resolution No. 266546-7 “On declaring an amnesty in connection with the 100th anniversary of the October Revolution of 1917.” It has already been briefly published on a number of resources that amnesty under such a resolution is very limited. And the structure resembles some.

Young first-time hikers with light and medium severity - go out

The main thing: the amnesty in terms of release from punishment applies only to those convicted whose sentence is five years or less.

That is, for crimes of minor and medium gravity. But that’s not all - this applies to youngsters - those who committed crimes in the unconscious underage. But that's not all! - pioneers.

It turns out that the unconditional amnesty only applies to minors who have committed crimes of minor and moderate gravity for the first time.

This is followed by dancing with a tambourine - a list of some of the categories that are covered by the amnesty:
1) women with minor children;
2) pregnant women;
3) women over 55 years of age;
4) men over 60 years of age;
5) men with children under 3 years of age.
6) persons with disability group I, II or III.
With the same prerequisite– pioneers sentenced to five years or less in prison.

For crimes committed through negligence

Meaning unintentional crimes, for example Art. 264 CC. Here the restriction on first movers is lifted. Otherwise, if the convicted person was previously serving a sentence, but is now in the zone under a sentence for an unintentional crime with a term of less than five years, then the amnesty applies to him. As a rule, sentences for unintentional crimes are served in colony settlements and this point is relevant for them.
There is a condition - you must serve ¼ of the sentence.
Categories of convicts who fall under this amnesty clause:
1) minors under the age of 18;
2) women with minor children;
3) pregnant women;
4) women over 55 years of age;
5) men over 60 years old.

Reduction of the unserved part of the sentence

This is interesting because it can reduce the sentences of a significant number of convicts. But you need to pay attention - the UNSERVED part, which means that not the entire sentence of five years is reduced, but only the part that remains before the “bell”. If the convicted person has two years left to serve, then this is what is subject to reduction.

1) persons sentenced to imprisonment for committing a crime due to negligence, not falling under paragraphs 1-6 of the Resolution - half;
2) persons sentenced for intentional crimes to imprisonment for a term of up to five years inclusive and not falling under paragraphs 1-6 of the Resolution - by one third;
3) persons sentenced for intentional crimes to imprisonment for a term of more than five years inclusive - by one quarter.

Limitation of amnesty by article

The draft resolution uses several restrictions.

1. The amnesty does not apply to second-timers, unless they are serving sentences for crimes of negligence.
2. The amnesty also does not apply to those who have previously used a pardon or amnesty since 2005 and have since been convicted.
3. The amnesty does not apply to persons who committed crimes while serving their sentence.
4. The amnesty does not apply to criminals.
5. The amnesty does not apply to persons who have committed crimes under the following articles: 105, 111, part two of Article 117, part three of Article 122, article 126, part three of Article 127, articles 127.1, 127.2, part two of Article 128, articles 131, 132, part two of the article 133, 134,135, parts three and four of Article 150, parts three and four of Article 158, parts three and four of Article 159, parts three and four of Article 159.1, parts three and four of Article 159.2, parts three and four of Article 159.3, parts three and four Article 159.5, parts three and four of Article 159.6, parts three and four of Article 160, parts two and three of Article 161, Article 162, parts two and three of Article 163, Article 164, parts three and four of Article 166, articles 169, 170, 170.1 , 171, 171.1, part two of Article 172, articles 173.1, 173.2, parts two, three and four of Article 174, parts three and four of Article 174.1, part three of Article 175, articles 176, 177, part three of Article 178, part two of Article 179 , articles 180, 181, part four of article 183, articles 184, 185, 185.1, 185.2, 185.3, 185.4, 185.5, 185.6, 186, 187, parts two, part three of article 189, article 190, part two of article 191, articles 192, 193, 193.1,194, 195, 196, 197, 198, part two of article 199, articles 199.1, 199.2, 200.1, 205, 205.1, 205.2, 205.3, 205.4, 205.5, 206, 208, 209, 210, 211, article 212 , part three of Article 215.2, part three of Article 215.3, Article 221, parts two and three of Article 222, parts one, two and three of Article 223, articles 226, 226.1, 227, part two of Article 228, articles 228.1, 228.2, 228.3, 228.4 , 229, 229.1, parts two and three of Article 230, part two of Article 231, Article 232, part three of Article 234, parts two and three of Article 240, part three of Article 241, articles 242.1, Article 242.2, parts two, three, four, fifth and sixth articles 264, articles 275, 276, 277, 278, 279, 281, part 2 of article 282, 282.1, 282.2, 290, 295, articles 296, 299, 300, parts two and three of article 301, part two of article 305 , part three of article 306, part four of article 309, articles 313, 317, part two of article 318, articles 321, 322.1, part two of article 333, articles 335, 353, 354, 355, 356, 357, 358, 359, 360 of the Criminal Code Code of the Russian Federation.
   

   But this is just a draft - and it is unknown in what form it will be approved by the State Duma, if at all...

Yaroslav Chingaev/Kommersant

In October, on the occasion of the hundredth anniversary of the October Revolution, an amnesty may be declared in Russia. An interlocutor close to the presidential administration told the site about this. The information was confirmed by the head of the Presidential Council for Human Rights, Mikhail Fedotov. If the amnesty occurs, it will happen several months before the presidential elections.

“We have prepared our proposals for amnesty and submitted them to the presidential administration. What happens next depends on the administration,” Fedotov explained to Znak.com.

Recent amnesties were timed to coincide with the 20th anniversary of the adoption of the Russian Constitution in 2013 and the 70th anniversary of the Victory in 2015. The 2013 amnesty allowed thousands of people to be released, including several defendants in the “Bolotnaya case” and members of the punk group Pussy Riot, convicted of an action in the Cathedral of Christ the Savior. More than 200 thousand people were included in the 2015 amnesty, including some of those involved in the cases of the crash of the motor ship "Bulgaria" and the fire at the "Lame Horse" club. Also released, for example, was the Nizhny Novgorod scientist Vladimir Golubev, who was convicted of disclosing state secrets for publishing in a foreign journal.

Since 1994, 19 amnesties have been held in Russia.

Head of Human Rights Department " Open Russia"Mikhail Khodorkovsky - Polina Nemirovskaya believes that an amnesty for any reason is good, “even if it is timed to coincide with Stalin’s anniversary.”

“A much more interesting question is what will be included in this amnesty,” says Nemirovskaya. — Because sometimes an amnesty turns out to be really useful, and sometimes it’s a get-together to wash off officials who took bribes. I would really like the amnesty to include Article 318, part one, and Article 282 of the Criminal Code. People who pulled a police officer's shoulder strap, accidentally bumped into him or hugged him (this is a real case with our client) are being held under Article 318. I think that the social danger of such acts does not require people to be in a colony. As for Article 282, this is generally a shameful article of the Criminal Code, which in its current version should not exist at all. And the fact that people “leave” using it, and not for just one year, is nonsense. Who is contacting us under Article 282? People who wrote a post on VKontakte, reposted something or simply saved a picture for themselves. Their three friends, their mother and the investigator see all this. Who can be inspired by such actions to extremism? No one. An amnesty under Article 318, Part One, and Article 282 of the Criminal Code would be an act of mercy on the part of the state,” Nemirovskaya believes.

Editor-in-chief of the Mediazona publication Sergei Smirnov told the site that he would like to see an amnesty that would be similar to the amnesty declared in Russia in 1917 after the February Revolution. Then the head of the Provisional Government, Alexander Kerensky, announced a complete political amnesty and a partial amnesty for criminal offenses. More than 90 thousand people received freedom.

“I would like an amnesty for articles considered political, for the same 282nd and all its varieties, and so on. And, of course, I would like to resume the project to make one day in a pre-trial detention center worth two. Unfortunately, this bill was suspended,” recalls Smirnov.

According to the human rights organization Memorial, at the end of 2016, Russian prisons there were 102 political prisoners, and their number increases every year.

Political scientist Abbas Gallyamov believes that a large-scale amnesty for ordinary crimes will not add to the government’s rating among ordinary voters, however, if those involved in “political” criminal cases are included in the amnesty, it will be welcomed by the liberal intelligentsia. This will make it a little easier for her to come to terms with the prospect of current President Vladimir Putin remaining in power for another six years.

“Our voters do not welcome amnesty. From his point of view, the harsher the authorities treat criminals, the better. Moreover, the topic, in any case, is peripheral - it will not interest a mass audience. The amnesty will not become a political event,” says Gallyamov.

“It all depends on who gets released,” he says. — If those who are convicted in high-profile “political” cases, then liberals will take this with enthusiasm. On the eve of the presidential elections, this is probably beneficial. Encouraged by the new “liberal” trend, the intelligentsia will show less resistance to Putin’s re-election,” Gallyamov believes.

The head of the Political Expert Group, Konstantin Kalachev, argues that if we celebrate the centennial anniversary of the October Revolution with an amnesty, then it is worth recognizing it as a holiday. The amnesty is unlikely to be “conceptual”, as the HRC apparently wants.

“There are, for example, imprisoned nationalists, there is Navalny’s brother, there are those whom the opposition considers political prisoners,” says Kalachev. “But the authorities do not recognize the presence of political prisoners. This means there is no one to grant amnesty,” he says.

Experts were skeptical about the prospect of freeing citizens from administrative penalties

Development Council civil society and human rights under the President of the Russian Federation, the Kremlin will hold both a criminal and administrative amnesty in honor of the 100th anniversary of the 1917 revolution. The State Duma is skeptical about the idea of ​​exempting numerous victims of the Code of Administrative Offenses from punishment, but they are ready to carry out the will of Vladimir Putin, whatever it may be.

The head of the Human Rights Council, Mikhail Fedotov, told MK that the letter sent to the Presidential Administration talks about the concept of amnesty in the broad sense of the word, that is, both criminal and administrative. “We usually hold amnesties every two to three years, the last one was in 2015, in honor of the 70th anniversary of the Victory, and now there is a suitable occasion - the 100th anniversary of the 1917 Revolution,” he explained. The last amnesty, like all previous ones in the modern history of Russia, was criminal - administrative amnesties were never carried out, although the Code of Administrative Offenses provides for such a possibility.

According to the Constitution, declaring an amnesty is the exclusive power of the State Duma: the resolution adopted by it in this regard does not require the approval of the Federation Council and the signature of the president. Why did the HRC turn not to Okhotny Ryad, but to the Kremlin? According to Mr. Fedotov, “there has already been a tradition that in recent years the State Duma declares an amnesty only on the initiative of the head of state.”

So far, he says, the contours of a future amnesty have been outlined by human rights activists in general view: “The specific composition and articles of the Criminal Code and the Code of Administrative Offenses are the subject of detailed discussion after a fundamental decision is made.” Members of the HRC believe that it would be possible, for example, to grant amnesty to those who have committed criminal offenses for which the maximum punishment does not exceed 3 years in prison (that is, non-serious ones). As for the administrative amnesty - physical and legal entities could be exempted from such types of punishment as fines, deprivation special law, compulsory work, suspension of activities, temporary ban on attending sporting events.

At the same time, Mr. Fedotov stipulates, “we consider it impossible to apply an amnesty to those who are deprived of their rights for driving while intoxicated.”

Among the HRC’s proposals is a reduction in the duration of the ban on entry into Russia for foreigners. But such an amnesty is neither criminal nor administrative in the strict sense of the word, because the ban on entry is prescribed in migration legislation.

The State Duma does not yet know the details. “If the initiative comes, we will discuss it,” speaker Vyacheslav Volodin told MK. But the administrative amnesty, outlandish for Russia, raises many questions among deputies.

The head of the Duma Committee on Labor and Social Policy, Yaroslav Nilov (LDPR), in a conversation with MK, recalled that in 2015, the LDPR faction proposed, together with the criminal law, to hold an administrative amnesty for drivers who had previously been deprived of their rights for having alcohol in their body more than zero, but less than 0.16 ppm permissible at that time in exhaled air. “But our draft resolution was not seriously considered,” says the deputy. He considers the idea of ​​the HRC “good”, but suggests “looking at what a person is held accountable for, if we talk about deprivation of rights - you can grant amnesty to those who left for oncoming lane or leaving the scene of the accident, because the markings can be incorrect and there are a lot of obstacles on the roads.”

The head of the Committee on State Construction and Legislation, Pavel Krasheninnikov (“ER”), commented to MK on the HRC’s proposals: “Legal possibilities for administrative amnesty exist, but here, in my opinion, not very fair decisions are possible. It turns out that the one who fulfilled his civic duty and responded for the violation by paying a fine is punished, but the one who may not have intended to pay is not.” The deputy warns: “even just talking about the possibility of such an amnesty can provoke massive non-execution of punishments.”

Mr. Krasheninnikov drew attention to another aspect of the problem: “When it comes to criminal amnesty, in addition to the resolution that lists the categories of persons falling under it, a resolution is also adopted on the procedure for execution, which states which authorities are obliged to do so within what time frame. review cases and close them, releasing those already convicted from execution of punishment. Taking into account huge amount authorities that have the right to initiate administrative cases, I would like to look at the resolution on the procedure for implementing a broad administrative amnesty, which, as you can understand, is discussed in the proposals of the HRC.”

Administrative cases under the Code of Administrative Offenses can be initiated by 69 authorities at different levels, including the police, tax authorities, customs officers and border guards; in many cases, the punishment is determined by the court.

An expert from the Higher School of Economics familiar with the situation, who wished to remain anonymous, also “has great difficulty in imagining how an administrative amnesty can be implemented,” since “there are many nuances that must be taken into account.” According to him, an amnesty could make sense for those who are punished under articles where repetition threatens a criminal case, such as in the case of violating the rules of public events, drunk driving, battery or non-payment of alimony.