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Duma set to create new offense of 'gathering'
United Russia proposes fining 'Occupy' campers, and raising fines for unsanctioned protests
Yulia Ponomareva - Moscow News - themoscownews.com - 5.31.12 - JRL 2012-99

The State Duma is set to toughen the country's law on public protests six days ahead of a mass antigovernment rally planned for June 12, imposing draconian fines for organizers and participants of unauthorized rallies, and introducing a new offense of "gathering" without permission in a public place. Moscow Winter ProtestThe changes were challenged Wednesday by opposition deputies in a second reading of the legislation, but are expected to be passed when the reading concludes June 5. New clauses are to be finalized June 1.

If passed, the bill will receive a formal third reading on June 6 and go to the largely rubber-stamp Federation Council for its approval. It could then be signed into law by President Vladimir Putin before the June 12 opposition rally, the website of ruling party United Russia reported Wednesday, citing the chairman of the State Duma Committee for Constitutional Legislation, Vladimir Pligin.

Draconian fines proposed

United Russia, which controls 237 out of the Duma's 450 seats, proposed increasing fines for violating the Law on Rallies and the Administrative Offences Code from the current maximum rate of 2,000 rubles ($63) to up to 300,000 rubles ($9,400) for individuals, 600,000 rubles ($18,800) for public officials and 1 million rubles ($31,300) for legal entities. The fines have been reduced from the initial draft of the legislation, which envisioned fines of up to 1.5 million rubles ($46,900), but would still pose a considerable deterrent for grassroots protesters.

In another controversial step, United Russia has proposed introducing the term "gathering" into legislation in a reference to the Occupy-style camps, where people congregated without chanting political slogans or holding placards. Lawmakers propose fines of up to 20,000 rubles ($630) or 50 hours community service for organizers and participants of gatherings that they define as "the simultaneous mass presence of citizens in a public place, resulting in the violation of public order."

Even weddings threatened

A sponsor of the legislation, United Russia Deputy Alexander Sidyakin, was quoted by Gazeta.ru on May 29 as saying: "A wedding can fall under this definition if it is turned into a political performance, during which public order is violated."

Just Russia deputies Dmitry Gudkov and Ilya Ponomaryov attempted to filibuster the bill Wednesday, proposing a total of 357 amendments at the Duma plenary session. The pair reckoned that each amendment would take about 90 seconds to consider, or about six hours in total. United Russia deputies appeared to be quicker, rejecting the first 60 amendments within 10 minutes.

Ponomaryov told The Moscow News that United Russia had rejected all but a dozen minor amendments proposed by the opposition, including one setting a maximum fine for participants of protests of 5,000 rubles ($160) if their actions jeopardized the safety of other participants, blocked traffic or disturbed people at night.

According to the Constitution, the amendments to the bill that come under the Administrative Offences Code should not take effect immediately, but by January 1, 2013 at the earliest, Ponomaryov said. "I have no idea how they will justify that," he said. The United Russia proposals also did not specify what state officials could be fined for, Ponomaryov said.

Consultations proposed

Opposition activists and independent experts have been highly critical of United Russia's proposals. On May 29, the head of the Presidential Council for Human Rights, Putin's adviser Mikhail Fedotov, wrote an open letter to Pligin, calling on him to publish the proposed legislation, hold public consultations and collect feedback on it. The consultation period should take at least 60 days, Fedotov said.

"If new amendments to the law on rallies and demonstrations put into question citizens' constitutional right to gather peacefully and without arms, it will only radicalize protest sentiments," Fedotov noted in his letter. He also highlighted that the proposed rates of fines are incommensurate with the property status of most of Russians and with the legal minimum wage, which is currently set at 4,611 rubles ($144) per month.

Last week, Fedotov said that if both chambers of parliament passed the bill, his council would call on Putin to veto it.

Counter-fines proposed

The opposition has put forward some tougher proposals of its own aimed at dissuading people from obstructing anti-government rallies, or forcing people to take part in pro-government rallies.

Former Finance Minister Alexei Kudrin's Civil Initiatives Committee, together with experts from the Lawyers for Constitutional Rights and Freedoms NGO and Ponomaryov, the Just Russia deputy, have proposed fines of up to 50,000 rubles ($1,600) for those obstructing the course of a rally, as well as for those compelling people to participate in a rally.

In recent months, many cases have come to light of state employees being forced to take part in pro- Putin rallies, under threat of being fired if they refused.

Keywords: Russia, Government, Protests, Politics - Russian News - Russia

The State Duma is set to toughen the country's law on public protests six days ahead of a mass antigovernment rally planned for June 12, imposing draconian fines for organizers and participants of unauthorized rallies, and introducing a new offense of "gathering" without permission in a public place.

Moscow Winter ProtestThe changes were challenged Wednesday by opposition deputies in a second reading of the legislation, but are expected to be passed when the reading concludes June 5. New clauses are to be finalized June 1.

If passed, the bill will receive a formal third reading on June 6 and go to the largely rubber-stamp Federation Council for its approval. It could then be signed into law by President Vladimir Putin before the June 12 opposition rally, the website of ruling party United Russia reported Wednesday, citing the chairman of the State Duma Committee for Constitutional Legislation, Vladimir Pligin.

Draconian fines proposed

United Russia, which controls 237 out of the Duma's 450 seats, proposed increasing fines for violating the Law on Rallies and the Administrative Offences Code from the current maximum rate of 2,000 rubles ($63) to up to 300,000 rubles ($9,400) for individuals, 600,000 rubles ($18,800) for public officials and 1 million rubles ($31,300) for legal entities. The fines have been reduced from the initial draft of the legislation, which envisioned fines of up to 1.5 million rubles ($46,900), but would still pose a considerable deterrent for grassroots protesters.

In another controversial step, United Russia has proposed introducing the term "gathering" into legislation in a reference to the Occupy-style camps, where people congregated without chanting political slogans or holding placards. Lawmakers propose fines of up to 20,000 rubles ($630) or 50 hours community service for organizers and participants of gatherings that they define as "the simultaneous mass presence of citizens in a public place, resulting in the violation of public order."

Even weddings threatened

A sponsor of the legislation, United Russia Deputy Alexander Sidyakin, was quoted by Gazeta.ru on May 29 as saying: "A wedding can fall under this definition if it is turned into a political performance, during which public order is violated."

Just Russia deputies Dmitry Gudkov and Ilya Ponomaryov attempted to filibuster the bill Wednesday, proposing a total of 357 amendments at the Duma plenary session. The pair reckoned that each amendment would take about 90 seconds to consider, or about six hours in total. United Russia deputies appeared to be quicker, rejecting the first 60 amendments within 10 minutes.

Ponomaryov told The Moscow News that United Russia had rejected all but a dozen minor amendments proposed by the opposition, including one setting a maximum fine for participants of protests of 5,000 rubles ($160) if their actions jeopardized the safety of other participants, blocked traffic or disturbed people at night.

According to the Constitution, the amendments to the bill that come under the Administrative Offences Code should not take effect immediately, but by January 1, 2013 at the earliest, Ponomaryov said. "I have no idea how they will justify that," he said. The United Russia proposals also did not specify what state officials could be fined for, Ponomaryov said.

Consultations proposed

Opposition activists and independent experts have been highly critical of United Russia's proposals. On May 29, the head of the Presidential Council for Human Rights, Putin's adviser Mikhail Fedotov, wrote an open letter to Pligin, calling on him to publish the proposed legislation, hold public consultations and collect feedback on it. The consultation period should take at least 60 days, Fedotov said.

"If new amendments to the law on rallies and demonstrations put into question citizens' constitutional right to gather peacefully and without arms, it will only radicalize protest sentiments," Fedotov noted in his letter. He also highlighted that the proposed rates of fines are incommensurate with the property status of most of Russians and with the legal minimum wage, which is currently set at 4,611 rubles ($144) per month.

Last week, Fedotov said that if both chambers of parliament passed the bill, his council would call on Putin to veto it.

Counter-fines proposed

The opposition has put forward some tougher proposals of its own aimed at dissuading people from obstructing anti-government rallies, or forcing people to take part in pro-government rallies.

Former Finance Minister Alexei Kudrin's Civil Initiatives Committee, together with experts from the Lawyers for Constitutional Rights and Freedoms NGO and Ponomaryov, the Just Russia deputy, have proposed fines of up to 50,000 rubles ($1,600) for those obstructing the course of a rally, as well as for those compelling people to participate in a rally.

In recent months, many cases have come to light of state employees being forced to take part in pro- Putin rallies, under threat of being fired if they refused.


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