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and movements based on discriminatory or Nazi-apologetic ideologies, the
Government stressed that the Constitution recognizes ideological freedom (article 24)
and prohibits political parties and movements from establishing structures which,
either directly or indirectly, involve the use or the call to violence as a means of doing
politics (article 126). Ideologies that promote intolerance and discrimination against
minorities on religious, ethnic, social status, political or trade unions preferences
grounds are prohibited by law (article 88).
36. The Government also made reference to Law No. 1.160/97 of the Criminal
Code (article 238), which criminalizes as a crime an act that publicly, at a meeting
or through means of a publication, aims to disturb the public peace by condoning:
(a) an attempted or committed crime or (b) a person convicted for having committed
a crime. Under the law, such an offence may be punished with imprisonment of up
to three years or a fine. The law also provides for the criminalization of incitement
to commit punishable acts (article 237), understood as an act that publicly, at a
meeting, or through the public disclosure of publications, incites the commission of
illegal acts. Article 237 of the Criminal Code also states that for such incitement,
perpetrators may be punished with imprisonment of up to five years or a fine.
H.
Russian Federation
37. The Government of the Russian Federation reiterated its commitment to
making every possible effort to prevent fascist organizations and movements from
operating in the country, in accordance with the Federal Act No. 80 -FZ of 19 May
1995 on the “Memorialisation of the Victory of the Soviet People in the Great
Patriotic War of 1941-1945”. The Government explained its policy of combating
nationalist ideologies embracing Nazi ideas, as set out in its Decree No. 1666 of the
President of the Russian Federation of 19 December 2012 on the ethnic policy of
the Russian Federation for the period up to 2025.
38. The Government reported that manifestations of fascism, Nazism and other
ideas of racial supremacy were prosecuted under the law and that preventive
measures had been recently adopted, in particular to avoid the involvement of and
growth of propaganda among young people. The Government indicated that list
No.20, which entered into force under the joint directive of 1 February 2016 of the
Office of the Prosecutor General (No. 65/11) and of the Ministry of Internal Affairs
(No.1), defines which articles of the Criminal Code are to be used to compile
statistical reports applying to extremist crimes, including those committed for
reasons of racial and ethnic hatred or enmity.
39. The Government also shared statistics from 2015 2 regarding offences, mainly
defined under articles 280 (Public appeals to carry out extremist activities) and 282
(Incitement to hatred or enmity or insults to human dignity) of the Cr iminal Code.
Further criminal statistics were shared, including the number of persons: (a) found
guilty of acts aimed at inciting hatred or enmity or insulting human dignity on the
grounds of race, ethnicity or religion (370 persons); (b) convicted of making public
appeals for the carrying out of extremist activities under article 280 (1) of the
Criminal Code (51 persons); and (c) found guilty of making public appeals for the
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1,329 extremist offences in 84 of the 85 regions of the Russian Federation, mo re than half of
which were committed through the use of the Internet (825 offences under article 282 and
256 offences under article 280 of the Criminal Code).
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