By Vestnik Kavkaza
Press conference "Legal protection of religious feelings" following the special meeting of the Presidential Council for Civil Society Institutions and Human Rights on January 23. At the meeting, in accordance with the request of President Vladimir Putin of 06.12.2012, there was a discussion of the draft Federal Law "On Amendments to the Criminal Code and Certain Legislative Acts of the Russian Federation in order to counter the insults of religious beliefs and feelings of citizens, desecration of objects and objects of religious worship (pilgrimage), places of worship and ceremonies." The law was initiated by Vladimir Zhirinovsky and the chairman of the State Duma Committee for Religious Organizations Yaroslav Nilov.
According to Mikhail Fedotov, Chairman of the Presidential Council, “a rather heated discussion took place, which included not only members of the Council, but also experts and representatives of religious organizations, in particular, of the Moscow Patriarchate. As a result, we came to the conclusion that we have two documents. One document is the conclusion of the Council on the text of the bill. Secondly, there is the Council's proposal to amend the legislation in order to ensure the legal protection of religious feelings… We are interested in coming to some common position.”
Irina Hakamada, member of the Presidential Council, stated: “Its basis is the opinion on the project put forward by the State Duma deputies. The essence of it is that the concept of the law does not correspond to any rule of law and does not solve any problems, so this concept should be sent back to the deputies. Even if some problem arises, you need to consider and write a new law, which may correct the current legislation. The main complaint on the part of the expert group and by a majority of board members, even Mr. Shevchenko, is that religious feelings are not really a legal category, especially with no explanation. Thus, criminal prosecution for such items will lead to lawlessness, especially given the fact that the law enforcement agencies which will carry it out in any way cannot observe any principles of objectivity.
Deciphering what religious feelings are, if you imagine how we can administratively and criminally punish for deliberate plan of action, for willful violation of human dignity, for the actions of individuals associated with the problems of religion, then it turns out that there is already an article in the Administrative Code, and there is an article in the Criminal Code. So, naturally, the expert opinion to be prepared could close some gaps, increase administrative fines and weaken criminal responsibility, because prisons are overcrowded, this is not the place to punish people who insult other people, but heavy fines may achieve some justice. I believe that at this intermediate stage the goal has been achieved.
During the discussion on the commission and in the expert group was there was another topic that it would be good, in fact, to reject the bill and to write another one, a different concept, a more advanced one, in which we will need to protect all the feelings, including the feelings of atheists, patriotism, national feelings, feelings of vegetarians - there are a lot of feelings. And if you want people not to kill each other, because then you have to use the criminal law, there are necessary preventative measures. We should divide Russia into zones, including the big cities, and use signs warning where such and such feelings may be offended. And if you are afraid that your feelings may be offended, you should not go to this area. Then, it is believed that society will live blissfully and politically correctly, so that the Muslim will not enter a restaurant where people are fed pork, a Chinese restaurant, for example, where there are dumplings with pork, because there will be a sign saying "Here the feelings of those who do not eat pork for religious reasons may be offended". Or, at Vinzavod, with a huge number of exhibitions of contemporary art, or at the Sakharov Museum with scandalous exhibitions, any exhibition must be accompanied by a warning: "Here is a territory where your religious feelings may be offended."
You understand that the idea sounds kindly, but at its core it is pejorative for Russia. And I was surprised that at such a serious level, in the media and on television, and in the Council, this absurd idea was discussed.
…For some reason the deputies in no way pay attention to how the law is enforced. State Duma deputies, including "United Russia", say: "Our laws do not work." But every time they want to solve the problem, they write the next illiterate law. It might be better to see how the current laws are enforced already and try to engage in dialogue instead of creating new laws as a political PR.”
Vladimir Ryakhovsky, member of the Presidential Council, thinks: “A problem really exists, and the religious feelings of people must be protected. But if you talk about it legally, the question arises as to what tools will be adequate protection. When it comes to the introduction of regular rules in the Criminal Code, it is necessary to check whether this standard will be able to work and how it relates to other provisions of the criminal law. With reference to what was proposed by deputies, there were a number of purely legal objections. One of them is related to the fact that this bill is discriminatory. It's not about protecting the religious feelings of all the Russian citizens who have such feelings. It is literally about the protection of the feelings of those who profess religions which are an integral part of the historical heritage of the peoples of Russia. Meanwhile, the equality of faiths is a requirement of the Constitution.
Criminal law cannot be a hysterical reaction to the immediate challenge. Criminal law has to be very carefully thought out and entered into the system of already existing rules. There is another consideration. When we talk about protecting people's beliefs, there is a question of whether the state is able to understand the beliefs of the people and to protect them. Can the state attribute a belief to me? I think we need to answer this question in the negative. If my feelings are offended, I should make representations to apply to the appropriate prosecuting agency, and it will not be the state to say that I am insulted and to begin to prosecute other people in my name. In any case, momentary rules not fitting into an existing revision of the criminal laws should not be included in the Code.”
