12-09-2020, 03:41 AM
Russian President Vladimir Putin signed on Tuesday several previously adopted laws that consolidate the provisions of the amendments to the Constitution approved this summer. Among them is a package of laws on tougher punishment for the alienation of Russian territories and calls for it. The documents were published on Tuesday on the official portal of legal information. In accordance with them, amendments are made to a number of codes of the Russian Federation, including the civil, civil procedure, criminal procedure and the Code of Administrative Procedure, as well as 115 Russian laws.
The Criminal Code, in particular, is supplemented by a new article "Violation of territorial integrity", which provides for punishment in the form of imprisonment for a term of 6 to 10 years for alienation of part of the territory or other actions aimed at violating territorial integrity, with the exception of delimitation, demarcation, redemarcation of the border Russia with neighboring states, Radio Liberty reports.
For calls for violation of territorial integrity committed for the first time, administrative liability is provided in the form of a fine from 30 thousand to 60 thousand rubles for individuals, from 60 thousand to 100 thousand rubles for officials, from 200 thousand to 300 thousand rubles. rubles for legal entities. If the offense is committed on the Internet, citizens can be punished with a fine in the amount of 70 thousand to 100 thousand rubles, officials - from 100 thousand to 200 thousand rubles, legal entities - from 300 thousand to 500 thousand rubles.
For repeated such calls during the year, criminal liability is already provided in the form of imprisonment for up to four years, as well as a fine, which increases and will range from 200 thousand to 400 thousand rubles (previously from 100 thousand to 300 thousand rubles) ...
According to Russian legislation, Crimea, annexed in 2014, which Ukraine considers its territory, is recognized as part of the territory of Russia.
Also, Putin signed the law on the State Council. This body, after the adoption of amendments, was introduced into the Constitution. According to the law, the State Council is a constitutional state body formed by the head of state in order to ensure the coordinated work of the authorities, to determine the main directions of domestic and foreign policy. It is headed by the President himself.
A law was also signed on the priority of the Russian Constitution over international agreements and decisions of interstate bodies. This provides for Russia's non-compliance with decisions of interstate bodies if they are deemed to be contrary to the Russian Constitution. A number of commentators previously linked the introduction of a corresponding amendment to the Constitution, in particular, with the complaint of the former Yukos shareholders, which reached the Supreme Court of the Netherlands - at lower instances, the courts ordered Russia to pay $ 57 billion in compensation.
The head of the Federation Council Committee on Constitutional Legislation and State Construction Andrei Klishas emphasized that Russia consistently fulfills the ratified international treaties and advocates compliance with international law. But in cases where, as a result of the interpretation of the norms of international law, a new meaning is given that differs from that adopted at the time of the ratification of an international treaty, and such an interpretation leads to their contradiction with the Constitution of the Russian Federation, the implementation of such decisions into the Russian legal system is carried out in accordance with Russian law, explained head of the Federation Council committee.
According to him, the practice of refusing to unconditionally execute decisions of interstate bodies is also relevant for foreign legal orders. The appeal of states to such instruments of preliminary control is a necessary way to protect their own national constitutional identity, said Senator Klishas.
Note that the term "constitutional identity" appeared in Russian legal practice quite recently. This happened after the annexation of Crimea, when it became obvious to the entire international community that the Russian authorities were ready to violate the basic principles of world order. In 2018, the official press organ Rossiyskaya Gazeta published an article by the chairman of the Constitutional Court Valery Zorkin about Russia's "constitutional identity". In it, in particular, the refusal to protect the rights of citizens representing any minority was actually declared.
"I want to emphasize that the rights of minorities can be protected to the extent that the majority agrees with this. You cannot impose on the entire society legislative normativeness that denies or calls into question the basic values ??of the common good shared by the majority of the country's population," Zorkin wrote.
This article drew criticism from the professional community. Lawyers drew attention to the absurdity of the very term "constitutional identity", which is a hybrid of "constitution" and "national identity". And if such an identity has been formed over the centuries, then the constitutional history of Russia began relatively recently.
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The Criminal Code, in particular, is supplemented by a new article "Violation of territorial integrity", which provides for punishment in the form of imprisonment for a term of 6 to 10 years for alienation of part of the territory or other actions aimed at violating territorial integrity, with the exception of delimitation, demarcation, redemarcation of the border Russia with neighboring states, Radio Liberty reports.
For calls for violation of territorial integrity committed for the first time, administrative liability is provided in the form of a fine from 30 thousand to 60 thousand rubles for individuals, from 60 thousand to 100 thousand rubles for officials, from 200 thousand to 300 thousand rubles. rubles for legal entities. If the offense is committed on the Internet, citizens can be punished with a fine in the amount of 70 thousand to 100 thousand rubles, officials - from 100 thousand to 200 thousand rubles, legal entities - from 300 thousand to 500 thousand rubles.
For repeated such calls during the year, criminal liability is already provided in the form of imprisonment for up to four years, as well as a fine, which increases and will range from 200 thousand to 400 thousand rubles (previously from 100 thousand to 300 thousand rubles) ...
According to Russian legislation, Crimea, annexed in 2014, which Ukraine considers its territory, is recognized as part of the territory of Russia.
Also, Putin signed the law on the State Council. This body, after the adoption of amendments, was introduced into the Constitution. According to the law, the State Council is a constitutional state body formed by the head of state in order to ensure the coordinated work of the authorities, to determine the main directions of domestic and foreign policy. It is headed by the President himself.
A law was also signed on the priority of the Russian Constitution over international agreements and decisions of interstate bodies. This provides for Russia's non-compliance with decisions of interstate bodies if they are deemed to be contrary to the Russian Constitution. A number of commentators previously linked the introduction of a corresponding amendment to the Constitution, in particular, with the complaint of the former Yukos shareholders, which reached the Supreme Court of the Netherlands - at lower instances, the courts ordered Russia to pay $ 57 billion in compensation.
The head of the Federation Council Committee on Constitutional Legislation and State Construction Andrei Klishas emphasized that Russia consistently fulfills the ratified international treaties and advocates compliance with international law. But in cases where, as a result of the interpretation of the norms of international law, a new meaning is given that differs from that adopted at the time of the ratification of an international treaty, and such an interpretation leads to their contradiction with the Constitution of the Russian Federation, the implementation of such decisions into the Russian legal system is carried out in accordance with Russian law, explained head of the Federation Council committee.
According to him, the practice of refusing to unconditionally execute decisions of interstate bodies is also relevant for foreign legal orders. The appeal of states to such instruments of preliminary control is a necessary way to protect their own national constitutional identity, said Senator Klishas.
Note that the term "constitutional identity" appeared in Russian legal practice quite recently. This happened after the annexation of Crimea, when it became obvious to the entire international community that the Russian authorities were ready to violate the basic principles of world order. In 2018, the official press organ Rossiyskaya Gazeta published an article by the chairman of the Constitutional Court Valery Zorkin about Russia's "constitutional identity". In it, in particular, the refusal to protect the rights of citizens representing any minority was actually declared.
"I want to emphasize that the rights of minorities can be protected to the extent that the majority agrees with this. You cannot impose on the entire society legislative normativeness that denies or calls into question the basic values ??of the common good shared by the majority of the country's population," Zorkin wrote.
This article drew criticism from the professional community. Lawyers drew attention to the absurdity of the very term "constitutional identity", which is a hybrid of "constitution" and "national identity". And if such an identity has been formed over the centuries, then the constitutional history of Russia began relatively recently.
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