explainers
These are the new criminal liabilities and steeper penalties the Russian authorities introduced in 2023 to keep the Kremlin’s wartime repressions rolling
Source: Meduza
The new repressions Russian lawmakers concocted in 2023 mostly pale in comparison to the legislative whiplash of 2022, but officials nevertheless managed a handful of laws that are noteworthy for curtailing the country’s political freedoms even further. Together with the human rights project OVD-Info, Meduza has identified the authorities’ most significant innovations in oppression over the year. The list includes fines as high as 30,000 rubles for failing to report when summoned to a military recruitment office, life imprisonment for treason, and up to three years behind bars for participating in the activities of an “unregistered” NGO.
Major changes to Russia’s Criminal Code in 2023
- Felony liability for “distributing false information” about volunteer formations organized by people “assisting” the Russian military. This offense is punishable by 10–15 years in prison (the upper limit is possible in aggravated cases).
- Stricter penalties for “discrediting” Russia’s Armed Forces and state agencies. Lawmakers raised the maximum punishment for standard offenses from three years in prison to five. In aggravated cases (when an offender is deemed responsible for inciting actions that lead to rioting, injuries, or death), the maximum penalty rose from five years in prison to seven.
- Stricter penalties for crimes against public safety and the state authorities, such as terrorist attacks, sabotage, participation in terrorist groups, and treason. The latter offense is now punishable by life imprisonment.
- An expanded list of crimes for which men are sent to prison to serve part of their sentences. The list now includes participation in terrorist groups, creating sabotage groups, and undergoing training for sabotage activities.
- Felony liability for aiding the implementation of decisions by foreign governments or international organizations in which Russia does not participate. The maximum penalty for this offense is five years in prison. The foreign organizations’ decisions in question must be related to the criminal prosecution of officials, soldiers, or “volunteers” (which, therefore, includes mercenaries like Wagner Group members). The new felony liability also applies only to state officials prosecuted for actions related to their official duties, and to soldiers wanted for performing “tasks assigned to Russia’s Armed Forces.”
- Effective June 13, 2023, lawmakers commuted punishments for law enforcement: Being a police officer is no longer an aggravating circumstance when committing a premeditated crime.
- On August 4, 2023, officials introduced felony liability for participating in the operations of a foreign nonprofit organization that hasn’t formally registered with Russia’s Justice Ministry. The same goes for organizing the activities of such an NGO on Russian territory. This misdemeanor offense becomes a felony if repeated within a 12-month period or if the offender has a previous conviction for participating in the activities of an “undesirable organization” and continues to “participate in the activities” of an unregistered NGO. Ordinary participants in these nonprofits face up to two years in prison, while organizers can go to prison for up to three years.
Further reading
- ‘It’s Stalinist logic’ Three experts explain the escalating nature of Russia’s political repressions
- State Duma adopts criminal law against ‘sabotage,’ now punishable by life in prison
- Putin signs life-sentence penalty for treason into law. Other amendments include penalties for aiding organizations like ICC.
- Bill on ‘propaganda and justification of extremist ideology’ introduced in Russian State Duma
- Putin signs legislation banning ‘discrediting’ and ‘fakes’ about volunteers and mercenaries
- Former law enforcement officer sentenced to seven years in penal colony for private phone conversations, qualified as ‘public’ since phone line was tapped
Major changes to Russia’s Administrative Offenses Code in 2023
- Repeated conduct violations in court and the failure to comply with the legal requests of a bailiff or judge can now result in jail terms of up to 15 days. Previously, such infractions were punishable only by fines.
- Stricter liability for media outlets and the owners of audiovisual services for disseminating materials containing “incitements to extremism” or “justifications of extremism.” Outlets were previously responsible only for avoiding the publication of materials listed in a special federal registry. Liability now extends to disseminating “other extremist materials” as outlined in a corresponding federal law. Legal entities face fines as high as 1 million rubles ($11,175) or a suspension of their activities for up to 90 days, including the confiscation of their equipment.
- Liability for non-compliance with directives and warnings issued by the Justice Ministry. For example, media outlets that fail to add discriminatory disclaimers about designated “foreign agents” risk fines as high as 300,000 rubles ($3,350).
- Lawmakers extended the statute of limitations for prosecuting overdue fine payments to one year. Previously, it was just 90 days.
Effective October 1, Russia also imposed stricter liability for violations of military duty and mobilization orders
- The authorities introduced fines against legal entities for failing to notify citizens of summonses to military enlistment offices, not facilitating compliance with summonses, and failing to provide military enlistment offices with initial enrollment lists. Fines range from 350,000 to 400,000 rubles (roughly $4,200).
- Officials convicted of the above offense now face steeper fines, up from a maximum penalty of 3,000 rubles ($35) to 50,000 rubles ($560).
- There is now liability for “failure to assist” military enlistment offices during periods of mobilization. Officials face penalties as high as 80,000 rubles ($900), while legal entities risk fines of up to 500,000 rubles ($5,600). Similar fines were introduced for failing to fulfill obligations related to the organization or provision of equipment deliveries to military assembly posts or units during mobilization.
- Steeper fines on officials for failing to provide the information needed to register for military service. Maximum penalties rose from 3,000 rubles ($35) to 50,000 rubles ($560).
- The maximum penalties rose for several offenses involving noncompliance with military registration requirements. Failed to appear at an enlistment office when summoned? The maximum fine is now 30,000 rubles ($335). Didn’t report a change in the status of your residence, employment, education, or marital status? That could mean up to 5,000 rubles. The max fines are also higher for evading medical exams (25,000 rubles) and deliberately damaging or losing military registration documents (5,000 rubles).
- Officials also imposed greater fines for noncompliance with “military transport requirements,” raising the penalties for things like failure to surrender a vehicle to the military when requested by soldiers.
Also, as of July 11, the traffic police acquired the authority to restrict the driver’s licenses of people listed in a state registry who failed to report when summoned by military enlisters. The registry itself doesn’t exist yet (and the authorities admit it won’t be fully operational for at least another year), but the new regulations are now on the books, regardless.
Report by Meduza and OVD-Info