Russian Federation

[RU] Liability for violation of “truth protection”

IRIS 2022-5:1/9

Andrei Richter

Comenius University (Bratislava)

On 24 April 2022, certain amendments to the Code of the Russian Federation on Administrative Offences that had been adopted by the State Duma on 6 April and signed into law on 16 April 2022, entered into force. They relate, in particular, to the ban on public denial (including in the media and on the Internet) of the “decisive role of the Soviet people in the defeat of Nazi Germany and the humanitarian mission of the USSR in the liberation of European countries.” Such a ban had been introduced earlier as Article 6.1 of the 1995 Federal Statute “On Perpetuating the Victory of the Soviet People in the Great Patriotic War of 1941-1945.”

The Administrative Code, in its new Article 13.48, now envisions a penalty of an administrative fine of up to RUB 50 000 or arrest of up to 15 days. A repeat offence shall be followed by an increased fine of up to RUB 100 000, an arrest of up to 15 days, a “disqualification” for managers or officials for a period of 6 to 12 months, or an administrative suspension of the legal entity’s activity for up to 90 days.

According to the Administrative Code (Art. 3.11), a “disqualification” consists, in particular, of depriving an individual of the right to hold positions in the federal, regional or municipal public services; to hold positions in the executive management body or membership of the board of directors (supervisory board) of any legal entity; or to carry out entrepreneurial activities and manage a legal entity.


References


  • Федеральный закон от 1 июля 2021 г. N 278-ФЗ "О внесении изменения в Федеральный закон "Об увековечении Победы советского народа в Великой Отечественной войне 1941 - 1945 годов"
  • https://base.garant.ru/401415046/
  • Federal Statute of 1 July 2021, No. 278-FZ “On an amendment to the Federal Statute No. 80-FZ of May 19, 1995 "On Perpetuating the Victory of the Soviet People in the Great Patriotic War of 1941-1945."

This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.