The ban on gay propaganda to minors protects children from the imposition of sexual orientation. The State Duma is proposed to strengthen the punishment for propaganda of homosexuality and pedophilia New law on homosexual propaganda

  • Suponina Elena Alexandrovna, Candidate of Sciences, Associate Professor, Senior Lecturer
  • Voronezh Institute of the Ministry of Internal Affairs of the Russian Federation
  • BILL No. 957581-6
  • MINORS
  • ADMINISTRATIVE OFFENSES
  • ADMINISTRATIVE RESPONSIBILITY
  • CODE OF ADMINISTRATIVE VIOLATIONS
  • PROMOTION OF NON-TRADITIONAL SEXUAL RELATIONSHIPS

In the article, the author analyzes administrative and tort norms that establish responsibility for the promotion of non-traditional sexual relations among persons under the age of majority. The prospects for toughening such responsibility are being considered.

  • To the question of the legitimacy of the presence in the domestic administrative and tort legislation of absolutely definite sanctions
  • On the prospects for improving Russian legislation in the field of combating violence in the domestic sphere
  • On the issue of administrative liability for the illegal dissemination of information about a minor who has suffered as a result of an illegal act
  • On the issue of administrative responsibility of parents (other legal representatives) of minors for violation of the "children's curfew"
  • On administrative responsibility for parking in a parking lot located in a public area with missing or illegible state registration plates

The basic requirements for ensuring the safety of persons under the age of majority in terms of the dissemination of information about non-traditional sexual relations are contained in the norms of the Federal Law of December 29, 2010 No. 436-ФЗ “On the Protection of Children from Information Harmful to Their Health and Development” . Paragraph 4 of Part 2 of Article 5 of the said law includes information prohibited for dissemination among children as information that denies family values, promotes non-traditional sexual relations and forms disrespect for parents and (or) other family members.

Federal Law No. 135-FZ of June 29, 2013, the main regulatory legal act regulating issues of administrative responsibility in the country - the Code of Administrative Offenses of the Russian Federation (hereinafter - the Code of Administrative Offenses of the Russian Federation), was supplemented by Article 6.21 (“Promotion of non-traditional sexual relations among minors "). Prior to the consolidation of the relevant norms at the federal level, a number of constituent entities of the Russian Federation adopted laws on administrative responsibility for promoting pedophilia, homosexuality, bisexuality and transgenderism among minors.

So, on May 24, 2006, the Duma of the Ryazan Region supplemented the local Law on Administrative Offenses with Article 3.10. (“Public actions aimed at promoting homosexuality (sodomy and lesbianism) among minors”); The Law of the Arkhangelsk Region No. 336-24-OZ of September 30, 2011 prohibited public actions aimed at promoting homosexuality among minors; On December 27, 2011, deputies of the Kostroma Regional Duma supplemented the law "On Guarantees of the Rights of the Child" and the local Code of Administrative Offenses with articles on the prevention of public actions aimed at promoting pedophilia, homosexuality (sodomy and lesbianism), bisexuality and transgenderism among minors. Similar changes and additions were adopted in St. Petersburg, the Novosibirsk Region, the Magadan Region, the Samara Region, the Krasnodar Territory, the Republic of Bashkortostan, the Kaliningrad and Irkutsk Regions.

In addition, such initiatives were widely discussed in the legislative bodies of the Moscow Region, the Republic of Sakha (Yakutia), the Kirov and Vladimir Regions, as well as the Perm Territory. However, due to the entry into force of Federal Law No. 135-FZ of June 29, 2013, these legislative initiatives have lost their relevance, since the legislator of a constituent entity of the Russian Federation, establishing administrative responsibility for certain administrative offenses, does not have the right to intrude into the spheres of public relations, the regulation of which is the subject of the jurisdiction of the Russian Federation, as well as the subject of joint jurisdiction if there is federal regulation on this issue.

It should be noted that the regional laws, which established a ban on the promotion of non-traditional sexual relations among adolescents, were immediately subjected not only to informational, but also to legal attacks by individuals and organizations, both domestic and foreign.

In particular, in 2009 gay activists, Russian citizens N.V. Baev and I.B. Fedotova held solo protest actions (pickets) near schools in the city of Ryazan and near the Ryazan Regional Children's Library with posters “I am proud of my homosexuality. Ask me about it" and "Homosexuality is normal." They were detained and convicted by the court of violating the regional law. Gay activists filed a complaint with the Constitutional Court of the Russian Federation, which on January 19, 2010 issued ruling No. 151-O-O on this fact. This definition, in particular, states that “The Laws of the Ryazan region “On the protection of the morality of children in the Ryazan region” and “On administrative offenses” do not fix any measures aimed at prohibiting homosexuality or its official censure, do not contain signs discrimination, in their meaning do not allow excessive actions of public authorities. Accordingly, the provisions of these laws disputed by the applicants cannot be regarded as disproportionately restricting freedom of speech.”

After the ruling of the Constitutional Court of the Russian Federation, N.V. Baev filed a complaint with the European Court of Human Rights, and I.B. Fedotova - to the UN Human Rights Committee, which in October 2012 satisfied the complaint of the latter, recognizing the provisions of the law of the Ryazan region on the prohibition of propaganda of homosexual relations among persons under the age of majority, contradicting two articles of the International Covenant on Civil and Political Rights. At the end of 2013, the Ryazan regional court overturned the decision to bring Fedotova to administrative responsibility, and later the verdict of the regional court was approved by the Supreme Court of the Russian Federation. Moreover, in May 2014 the justice of the peace of court district No. 423 of the Tverskoy district of Moscow S.V. Komlev partially satisfied the claim of I.B. Fedotova, deciding to recover eight thousand rubles of moral and material damage from the Ministry of Finance of the Russian Federation in connection with her illegal bringing to administrative responsibility for gay propaganda in Ryazan. This was the first case in Russian judicial practice when a decision to pay compensation to a gay activist was taken by a Russian court, and not by the European Court of Human Rights.

Similar "actions of disobedience" took place in a number of other subjects of the Federation. The incident with the detention and bringing to administrative responsibility on May 4, 2012 of the well-known Russian activist of the LGBT movement N.A. Alekseev, who unfurled a poster on the square near the administration of St. Petersburg with the inscription: “Homosexuality is not a perversion. Perversion is field hockey and ice ballet." As evidence that these actions concerned minors, the court accepted the statements of citizens, which indicated that they were at the time of the action with their children. ON THE. Alekseev also appealed against his bringing to administrative responsibility in the European Court of Human Rights.

In connection with the foregoing, a quite reasonable question arises: how legitimate and consistent with the realities of today is the norm enshrined in Article 6.21 of the Code of Administrative Offenses of the Russian Federation? Let's figure it out.

The key point of the objective side of the analyzed offense is the concept of "non-traditional sexual relations", that is, sexual relations associated with retreat, rejection of traditions that have developed and taken root in a particular society, in a particular historical period. Obviously, this concept is very changeable in the historical perspective and cannot be unambiguously interpreted by the legal systems of various countries and peoples.

In contrast to the United States and Western Europe, where the liberalization of sexual morality is unfolding, in many countries of the rest of the world, a completely opposite trend takes place. India reintroduced the criminalization of homosexuality at the end of 2013. In Brunei, in May 2014, a new criminal code based on Sharia law came into force, according to which homosexual men and women face severe punishment, up to and including stoning to death. The Gambia passed a law on life imprisonment for homosexuals. In Malaysia, sodomy, or "obscenity that is committed with another male person," carries a penalty of up to twenty years in prison, a fine, and flogging. In Jamaica, homosexuality is punishable by ten years in prison. The cumulative data show that, of the member countries of the United Nations, in 2014, seventy-eight countries continued to legally designate same-sex acts as illegal, with five countries (Iran, Yemen, Mauritania, Saudi Arabia, Sudan), as well as in some regions Nigeria and Somalia were punishable by death.

As for the Russian Federation, then (as the results of sociological surveys show) supporters of non-traditional sexual orientation in our society as a whole are treated very coolly. At the same time, it should be noted that, despite the idea that same-sex marriages are unacceptable for Russia, which can be traced in legislation, judicial practice and political and legal thought, the current Russian legislation does not contain a clear ban on such marriages. As E.A. Isaev, in fact, these relations remain outside the legal regulation.

Thus, Russia does not legally prohibit non-traditional sexual relations, does not prosecute citizens for their commitment to one or another way to satisfy sexual passion. The establishment of administrative responsibility in Article 6.21 of the Code of Administrative Offenses of the Russian Federation does not mean that in our country there is an absolute ban on non-traditional sexual relations in the general system of legal regulation. It affects only the prohibition of public actions that are aimed at promoting such relations among adolescents, and is motivated by the fact that persons who have not reached the age of majority, due to their mental and physical immaturity, need special care and protection, including proper legal protection.

In this regard, the Supreme Court of the Russian Federation, in its ruling dated February 27, 2013 No. 46-APG-13-2, rightly pointed out that the factors and life circumstances from which the child should be protected are determined by the priority goals of protecting the legitimate interests of the child and are formulated in national law, taking into account international norms, generally recognized principles of international law, and these include information that denies family values, information that can harm the health, moral and spiritual development of minors.

On December 18, 2015, a group of deputies submitted to the State Duma a draft federal law No. 957581-6 "Code of the Russian Federation on Administrative Offenses", in which its authors provided for tougher penalties for certain administrative torts that infringe on the family and the rights of minors, including this tougher also touched upon illegal acts related to the promotion of non-traditional sexual relations among minors (parts 1, 2 and 3 of article 10.15 of the draft law).

Thus, under Part 1 of Article 10.15, an administrative fine for individuals is set at a rate of 5,000 to 10,000 rubles (in the Code of Administrative Offenses of the Russian Federation - from 4,000 to 5,000 rubles), for officials - from 50,000 to 60,000 rubles (in the Code of Administrative Offenses of the Russian Federation - from 40,000 rubles). up to 50,000 rubles); under part 2 of Article 10.15, an administrative fine for officials - from 200,000 to 300,000 rubles or disqualification for a period of 6 months to 1 year, (in the Code of Administrative Offenses of the Russian Federation - from 100,000 to 200,000 rubles); under part 3 of article 10.15 - an administrative fine from 5,000 to 10,000 rubles (in the Code of Administrative Offenses of the Russian Federation - from 4,000 to 5,000 rubles).

The author is well aware that it is impossible to solve all the problems voiced in this article by mere mechanical increase in penalties. But the fact that such an increase is fully justified is now obvious to both the legislator and the law enforcer.

Bibliography

  1. Federal Law of December 29, 2010 No. 436-FZ (as amended on June 29, 2015) “On the protection of children from information harmful to their health and development” / [Electronic resource] - Access mode. - URL: www.base.consultant.ru (date of access: 01.10.2016).
  2. Federal Law No. 135-FZ of June 29, 2013 “On Amendments to Article 5 of the Federal Law “On the Protection of Children from Information Harmful to Their Health and Development” and certain legislative acts of the Russian Federation in order to protect children from information that promotes the denial of traditional family values” / [Electronic resource] - Access mode. - URL: www.base.consultant.ru (date of access: 01.10.2016).
  3. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ (as amended on July 6, 2016) / [Electronic resource] - Access mode. - URL: www.base.consultant.ru (date of access: 01.10.2016).
  4. Determination of the Constitutional Court of the Russian Federation dated January 19, 2010 No. 151-O-O “On the refusal to accept for consideration the complaint of citizens Alekseev Nikolai Aleksandrovich, Baev Nikolay Viktorovich and Fedotova Irina Borisovna on violation of their constitutional rights by article 4 of the Law of the Ryazan region “On the protection of morality children in the Ryazan region" and Article 3.10 of the Law of the Ryazan region "On administrative offenses" / [Electronic resource] - Access mode. - URL: www.base.consultant.ru (date of access: 01.10.2016).
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  7. Tikhomirov D.A. Liberalization of sexual morality in the modern world // Knowledge. Understanding. Skill. 2015. №3. pp. 93-108.
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  9. Isaeva E.A. Same-sex couples and children: aspects of British and American legislation // Socio-legal notebook. 2012. No. 2. S. 138-147.
  10. Ruling of the Supreme Court of the Russian Federation dated February 27, 2013 No. 46-APG13-2 “On the annulment of the decision of the Samara Regional Court dated November 13, 2012 regarding the invalidation of certain provisions of paragraphs 2 - 9 of Article 11.2 of the Law of the Samara Region dated November 1, 2007 N 115-GD “On administrative offenses on the territory of the Samara region” / [Electronic resource] - Access mode. - URL: www.base.consultant.ru (date of access: 01.10.2016).
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(CAO RF edition 2018-2019)

Code of Administrative Offenses

Article 6.21. Promotion of non-traditional sexual relations among minors

(introduced by Federal Law No. 135-FZ of June 29, 2013)

1. Propaganda of non-traditional sexual relations among minors, expressed in the dissemination of information aimed at the formation of non-traditional sexual attitudes among minors, the attractiveness of non-traditional sexual relations, a distorted idea of ​​the social equivalence of traditional and non-traditional sexual relations, or the imposition of information about non-traditional sexual relations that arouses interest in such relations, if these actions do not contain a criminally punishable act, -

shall entail the imposition of an administrative fine on citizens in the amount of four thousand to five thousand roubles; on officials - from forty thousand to fifty thousand rubles; on legal entities - from eight hundred thousand to one million rubles or an administrative suspension of activities for a period of up to ninety days.

2. Actions provided for by paragraph 1 of this article, committed with the use of mass media and (or) information and telecommunication networks (including the Internet), if these actions do not contain a criminally punishable act, -

shall entail the imposition of an administrative fine on citizens in the amount of fifty thousand to one hundred thousand roubles; on officials - from one hundred thousand to two hundred thousand rubles; for legal entities - one million rubles or an administrative suspension of activities for up to ninety days.

3. Actions provided for by part 1 of this article, committed by a foreign citizen or a stateless person, if these actions do not contain a criminally punishable act, -

shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles with administrative expulsion from the Russian Federation or administrative arrest for a term of up to fifteen days with administrative expulsion from the Russian Federation.

4. The actions provided for by paragraph 1 of this article, committed by a foreign citizen or a stateless person using the mass media and (or) information and telecommunication networks (including the Internet), if these actions do not contain a criminally punishable act, -

shall entail the imposition of an administrative fine in the amount of fifty thousand to one hundred thousand rubles with administrative expulsion from the Russian Federation or administrative arrest for a term of up to fifteen days with administrative expulsion from the Russian Federation.

Status of lesbians, gays, bisexuals, transgenders in the Russian Federation Kochetkov (Petrov) Igor

Criminalization of homosexual relations

The criminal prosecution of the very fact of homosexual relations has not bypassed the domestic legal space. The Criminal Code of the RSFSR of 1960 in its original version contained the offense of sodomy (Article 121), according to which sexual intercourse between a man and a man was punishable by imprisonment for up to five years. Sodomy with the use of physical violence, threats, or using the dependent position of the victim was punished more severely than rape: imprisonment for up to eight years. Sodomy in relation to a minor (without the use of violence) also entailed stricter liability than heterosexual sexual intercourse with a person who had not reached puberty, and was punishable by imprisonment for up to eight years.

With the fall of the Soviet Union, democratic changes in Russia also led to the reform of criminal law. Already in 1991, at the official level, the need to decriminalize non-violent homosexuality was emphasized, and in 1993, Art. 121 of the Criminal Code of the RSFSR was changed: only sodomy, committed with the use of violence or threats against a minor, as well as using the dependent position or helpless state of the victim, was considered as a crime, while the maximum liability for the corresponding crime was reduced to seven years.

The provisions of the current 1996 Criminal Code of the Russian Federation can be characterized as a step towards the recognition of the permissibility of homosexual relations:

1) the special part of the Criminal Code of the Russian Federation, containing specific elements of crimes, no longer considers as such sexual relations between persons of the same sex as a crime;

2) despite the allocation of two different offenses - rape (heterosexual sexual intercourse, art. 131) and violent acts of a sexual nature (including sodomy and lesbianism, art. 132), the responsibility for these crimes is identical (in both cases, the punishment may be deprivation freedom for a period of three to six years for an unqualified composition and from four to ten years or eight to fifteen years for qualifying signs, which are also worded in the same way);

3) The Criminal Code of the Russian Federation considers jointly and equates crimes consisting in compulsion to act of a sexual nature (Article 133) and sexual intercourse and other acts of a sexual nature with a person under the age of sixteen (Article 134), regardless of their homosexual or heterosexual nature (i.e., the age of consent for heterosexual and homosexual relationships is equalized), and responsibility in both cases is provided for in the same framework.

Nevertheless, since the adoption of the Criminal Code of the Russian Federation, a number of politicians have made attempts to amend the criminal law and introduce criminal liability for the promotion of homosexual relations, but none of the proposed projects was adopted.

Particularly noteworthy is the draft "On the introduction of an amendment to the Criminal Code of the Russian Federation, providing for criminal liability for the promotion of homosexuality", proposed by the deputy A. V. Chuev several times during 2003-2006. in various editions. This bill was intended to establish criminal liability for “propaganda of homosexuality contained in a public speech, publicly displayed work or mass media, including expressed in public demonstration of a homosexual lifestyle and homosexual orientation”, with liability in the form of deprivation of the right to hold certain positions or engage in certain activities.

It should be noted the position of the Government of the Russian Federation regarding the changes proposed by Chuev, expressed in official reviews of the draft version:

Since homosexuality itself is not a criminally punishable act, its propaganda cannot be considered as a socially dangerous encroachment on the object of criminal law protection. The proposed addition contradicts the provisions of Article 29 of the Constitution of the Russian Federation (in terms of restricting the expression of one's opinions and beliefs), as well as Articles 8, 10 and 14 of the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, which provide for the right to respect for private and family life, freedom of expression opinions and prohibition, discrimination.

In order to ensure the protection of sexual freedom and sexual inviolability of both men and women, the legislator has established criminal liability for crimes of a sexual nature, including sodomy and lesbianism, associated exclusively with violence or the threat of its use. In turn, the commission of actions of a similar nature by mutual agreement of the parties does not form not only a corpus delicti, but also an administrative offense. In this regard, responsibility for the promotion of homosexuality in the absence of responsibility for homosexuality itself cannot be established. In addition, this proposal is not consistent with the provisions of the Law of the Russian Federation of December 27, 1991 No. 2124-1 “On the Mass Media”, in particular Article 4, which establishes a ban only on the dissemination of information, the dissemination of which is prohibited by federal laws.

Chapter 2. Criminal liability 2.1. The concept of crime and punishment in criminal lawCriminal law is one of the branches of Russian law. It establishes the basis and principles of criminal liability, determines which dangerous for the individual, society or

31. Criminal liability of a notary The most repressive in nature is criminal liability. The Criminal Code of the Russian Federation introduces the following corpus delicti - "Abuse of authority by private notaries and auditors." The objective side (part 1 of article 202):

Article 87. Criminal Liability of Minors 1. Persons who by the time of committing a crime were fourteen but under eighteen years of age are recognized as minors.2. Juveniles who have committed crimes may be

16. Criminal liability as a phenomenon of legal consciousness Criminal liability should be considered both from the standpoint of an incentive motive for behavior, a motivating factor of action, and from the standpoint of the measure of behavior required from an individual. In other words, criminal

108. Criminal liability of minors Criminal liability of minors occurs in accordance with the general rules established in the Criminal Code for all persons who have committed crimes. However, a number of norms of the Criminal Code contain provisions defining the criminal

Section V. Criminal liability

107. Criminal liability of minors According to the legislation of the Russian Federation, minors who have committed serious offenses are subject not to civil, but to criminal liability. The criminal liability of minors occurs according to the general rules,

7.5 Criminal liability of minors The current criminal legislation provides for special rules on the peculiarities of criminal liability of minors (Chapter 14 of the Criminal Code of the Russian Federation). Highlighting the features of criminal liability

2. Criminal liability Criminal liability for violations of copyright and related rights is provided for in Art. 146 of the Criminal Code of the Russian Federation. Violators of copyright and related rights may face up to 5 years in prison (criminal liability in the Russian Federation may be

Criminal liability for road traffic accidents Criminal liability for violation of the rules of the road and the operation of vehicles is provided for in Article 264 of the Criminal Code of the Russian Federation: “1. Violation by a person driving a car, tram or other mechanical

Criminal liability Ignorance of the basics of legislation and lack of analysis of the possible consequences of ongoing operations may threaten officials of organizations with criminal liability measures. The application of criminal liability measures is provided for in

§ 4. Criminal liability (principles of criminal liability; crimes against the environment; criminal punishment)

§ 65. Criminal liability. Punishment Black robe, arms back, cropped head lowered... A man walks along a long gloomy corridor, accompanied by a guard. He commands: “Forward! Stand! Face to the wall! Forward!" Barred doors open and then close.

§ 67. Criminal liability of minors In a country with a high level of crime, the growth rate of juvenile delinquency, as a rule, is higher than the growth rate of adult delinquency. The reasons are obvious. Criminal activity creates conditions in society that

“On Amendments to Article 5 of the Federal Law “On the Protection of Children from Information Harmful to Their Health and Development” and certain legislative acts of the Russian Federation in order to protect children from information that promotes the denial of traditional family values.”

In the press and discussions on information resources, the named law is referred to more briefly and, in my opinion, incorrectly: "the law on the prohibition of propaganda of non-traditional sexual relations among children." If we are to arbitrarily abbreviate the name of the legal document, then it would be more correct: "the law on the protection of children from the promotion of non-traditional sexual relations."

This short text law is a very striking legal document in terms of the existing legislative norms to which it relates, both in the domestic legislation of Russia and in international law, and in particular in the convention law of the Council of Europe.

Moreover, in the adopted law, its focus on a merciful attitude towards the participants in legal relations is noticeable, because of which (but not for the sake of which) this law was adopted, - (a term introduced into the legal lexicon by the Council of Europe).

In other words, for persons (people) of non-traditional sexual orientation, this law is a real gift from the Russian state, and people who have not reached the age of majority (children), the law protects from complex and not always clear information regarding their physiological and mental development.

In addition, ordinary people, who are not fanatically obsessed with the problems of their own sexual orientation, or rather, with the problems of their own sexual perversion, from the moment Law No. sexual orientation, since this function was legally assumed by the state, actually freeing fathers, mothers, grandfathers, grandmothers, etc. from uttering “hate speeches” and possible “hate crimes” (subparagraphs A, B of Chapter 1 of the Appendix to the Recommendation of the Committee of Ministers of the Council of Europe CM/RES (2010)5).

So, what is the inner strength and what are the favorable consequences of Federal Law No. 135-FZ?

Federal Law No. 135-FZ (hereinafter referred to as the “Law”) was adopted unanimously by the State Duma of the Russian Federation on June 11, 2013, approved unanimously by the Federation Council of the Russian Federation on June 26, 2013 and signed without delay (three days later) by the President of the Russian Federation on June 29, 2013.

Note that between 26 and 29 June 2013, the Parliamentary Assembly of the Council of Europe adopted Resolution No. Doc. 13223 of June 27, 2013 (only those who were present voted - a minority of all PACE members), which, in particular, states that prejudices against LGBT people are widespread in society; the Resolution calls for the Russian Federation to promote equality among people. This document also states that the ban on LGBT propaganda by the Russian Federation would be contrary to the legal obligations of Russia, only it is not clear to whom, but probably to the European Union. This PACE resolution does not say anything about children, about the rights of children, about propaganda among children of perverted sexual relations that take place between some adults.

Considering the adopted Law both in temporal chronology and in textual richness, it would be appropriate and even necessary to draw parallels with PACE Resolution 13223.

But before starting to consider the significance of the Law, the following obvious facts related to the adoption of the Law should be recorded:

– consideration and adoption of the Law took place with maximum efficiency, due to the urgent need for its adoption;

- The law was adopted with the full unanimity of all the power and political forces of the country, and this fact clearly indicates the democratic nature of the adopted document;

– the unanimous adoption of the Law allows us to say that there are practically no prejudices against LGBT people in Russian society, one can even say that they do not exist at all. Russian society, in the person of its legitimate state bodies, by the adopted Law, confirmed and fixed in law that people who, among other things, are addicted to perverted sexual relations with each other, regardless of their own gender, live in the territory under Russian law. These people, who are called LGBT persons in the legal terminology of the European Union, are to such an extent devotees in the field of sexual perversion that they want all other citizens of Russia to know about their “unique-amazing” lifestyle and join them at the first opportunity. What prejudices can there be? Murder will out.

The adopted law, firstly, de jure confirmed the presence of LGBT people in Russian society and recognized their existence as a certain group; secondly, the Law did not prohibit LGBT people from engaging in activities among their own kind; thirdly, it did not prohibit LGBT people from promoting their perverted lifestyle among the adult population of the country. European LGBT leaders should be happy with such a democratic law.

The text of the Law fully complies with the provisions of PACE Resolution 13223 of June 27, 2013, namely: The Law indicates the absence of prejudice towards LGBT persons in Russia and, on the contrary, confirms the presence of LGBT persons in Russia without any infringement of their private and public rights on grounds of sexual perversion; The law affirms the equality of LGBT persons with other citizens of the Russian Federation in everything, including responsibility for promoting non-traditional sexual relations among minors under Art. 6.21 of the Code of Administrative Offenses of the Russian Federation. A father and mother with many children and two sodomists are equally responsible for promoting non-traditional sexual relations among minors. This is the equality of all people, which PACE Resolution 13223 calls for. The Law also shows that LGBT propaganda among the adult population in the Russian Federation is not prohibited, LGBT persons have the full right to promote non-traditional sexual relations among adult citizens of Russia. They can start propaganda immediately, starting from the territories of the North Caucasian Federal District and gradually moving towards the Far Eastern Federal District. And in order to taste the results of such propaganda among adult citizens of Russia to a greater extent, they should start, for example, with the fathers of large families, with veterans of the Great Patriotic War, with paratroopers or marines.

Moreover, neither in the PACE Resolution nor in the Recommendations of the Committee of Ministers of the Council of Europe CM/RES (2010)5) no requirements are made to the Russian Federation distribute information aimed at the formation of non-traditional sexual attitudes among minors, the attractiveness of non-traditional sexual relations, a distorted idea of ​​the social equivalence of traditional and non-traditional sexual relations.

Thus, the Law fully complies with the obligations of the Russian Federation to the European Union, and was also adopted taking into account all the concerns of PACE, set out in Resolution No. Doc. 13223 dated June 27, 2013.

Having briefly reviewed the compliance of the adopted Law with the legal documents of the Council of Europe, which are the most challenging for the current Russian legislation in terms of excessive emphasis in these documents on, a few words should be said about the main focus and internal strength of the June Law.

The subject composition, which covers the adopted Law, is as follows: firstly, minor citizens of the Russian Federation (hereinafter referred to as “children”); secondly, people (irrespective of the citizenship of the Russian Federation) who want to promote non-traditional sexual relations among underage citizens of the Russian Federation; thirdly, people (regardless of the citizenship of the Russian Federation) who do not have the desire and purpose to promote non-traditional sexual relations among underage citizens of the Russian Federation, and, finally, the Russian state represented by its competent authorities and administration.

Children - who are they? People who are least experienced in the affairs of adults of any orientation and most unprotected from the influence of the affairs of the adult part of humanity.

Any child above and more any adult - for the reason that he stands above the temptations and temptations that the world offers to an adult independent and free person and in which this adult person digs and chooses something for himself or rejects. Within the framework of human life activity, children see only what adults offer and/or impose on them, and not only close relatives, but also people from TV, from a monitor, a screen in a cinema, etc.

A minor, against his will, does not understand many things that are obvious to an adult, sometimes in quotation marks. Misunderstanding is the natural state of the child, from which he will naturally emerge, becoming an adult individual.

A person in imperfect years in the words that come from adults hears with complete faith only what an adult puts into this word. An LGBT person or stage seducer can pour so much beauty and attractiveness into the capacious word “Love” that the child will not notice the poison with which this word will be filled for the most part.

Temptation is not terrible for an adult, if he is reasonable, but temptation is deadly for a child, because he takes everything on faith, not having the full ability to reason and evaluate, and this state of his is innate.

Who believes that there is nothing higher than Love in the world, having replaced the name of Love with sexual depravity, but without speaking about it directly, is it not an act of apex hatred and malice towards this seduced child?

Try in the legal terms of the Council of Europe to answer the question of whether the parents and relatives of the seduced child have natural (not established by legal law) rights to use “hate speeches” and / or “hate crimes” against the seducer (seducers) of their child. I am sure that any father or mother who loves their child is ready in their thoughts to put a stone around the neck of an LGBT propagandist and send them together (both the stone and the face) into the depths of the sea. A terrible prospect for everyone. The child is seduced, the father and mother are in a state of hatred for another person, the propagandist-seducer is "drowned". Who is celebrating???

The adopted law 135-FZ resolved this difficult situation, and not in the harsh form of the Law of Human Conscience, for which a millstone around the neck is the best fate for a seducer-libertine, but in a mild form of monetary fines or short gatherings in a cell along with other people, among which, by the way, the Law did not prohibit LGBT propaganda.

The state has assumed the burden of communicating with LGBT people who wish to promote their way of life among minors. Since the adoption of the law, it is now enough for a father and mother to call the competent state body and notify the employee about the fact of propaganda of non-traditional sexual relations by certain persons in one place or another. Moreover, and this is the most important thing, now the father and mother of a minor do not need to torture themselves with hatred for the poor LGBT propagandist, and they can direct the released energy to search for and show the whole world people who lead the development of the temptations of sexual perversion among healthy people (adults and children). Non-traditional sexual relations are the gradual death of mankind, woe to the world. The people who are leading the development of unproductive sexual relations in the world - they are leading, using power, money and other means - you need to know personally. Through whom the temptation of sexual perversion comes into the world and into the souls of people, it is necessary to find, describe, demonstrate publicly, but not judge by one's own judgment.

The law speaks of minors as a single whole community. Any minor in Russia should not be exposed to the promotion of non-traditional sexual relations. There are no exceptions.

How is it with adults under the established legal provisions?

The law divides them into two (hopefully unequal) parts: propagandists of non-traditional sexual relations (hereinafter - NSO) among minors and non-propaganda. Both LGBT people and non-LGBT people can voluntarily or unwittingly act as NSO propagandists and non-propagandists.

People living a normal, natural life, the law freed from the use of sexual perversions suppressing propaganda based on hostile attitudes towards LGBT people. At the forefront is now not hostility or hatred, but the violation of the law. In this fact, the most important significance of the Law. In mortal combat, a saber is always better than a fist.

This suppression will now be dealt with by the state at the suggestion of any interested persons. It should be noted that the state, by adopting Law No. 135-FZ, did not legally prevent LGBT people from engaging in non-compliance with each other, but in our opinion - debauchery.

Therefore, the condemnation of LGBT people only because they live a perverted sex life in a circle of their own kind, from the standpoint of the current Russian legislation, is unacceptable. Their actions in their own circle of like-minded people are not subject to the legal norms of the state.

In connection with the adoption of the law normal - not sexually perverted - people should not fall into condemnation of the way of life of sodomites, but everything must be done to prevent them from taking their rubbish out of their huts. To do this, it is necessary to constantly and promptly notify government agencies of all known facts of propaganda that denies traditional family values.

It is imperative that there be judicial practice in this category of cases, as it will contribute to the development and improvement of legislation in this area of ​​human relations. If the judicial practice is extensive, then the problem is great and more serious laws need to be passed and the healthy part of the population should be mobilized to counter the expansion of the influence of LGBT people. If judicial practice is insignificant, then this fact will objectively testify to the insignificant number of LGBT people in Russia and thus will contribute to more productive legal communication on this issue with the European Union in terms of the senselessness and uselessness of discussing the problems of LGBT people at a high level of interstate communication.

In conclusion, I would like to sum up the main results of the legal progress that has taken place in Russian legislation.

Firstly, the Law does not contradict the legal interpretations and wishes of the documents of the Council of Europe. The law does not give rise to those who are looking for a reason to accuse the Russian Federation of non-compliance with the legal guidelines of the European Union on formal grounds. And if you sort things out in the legal field, then now it is better to do it within the framework of the legal terminology used in the legal acts of the European Union, gradually creating your own terminology. The adopted Law laid the foundation for this process. The Council of Europe is still cautious in terms of legal terms and qualifications, but that's for now.

Secondly, the Law laid the foundation for the development of a legislative framework that protects minors from propaganda of non-traditional sexual relations in Russia.

Obviously, this is only the first timid step towards countering the threat posed by LGBT people to all people. The step is timid, cautious, but very correctly set in legal terms. It is urgent to work out our internal legal position in this area of ​​relations. It is a legal position based on the interests and preferences of Russian society.

Thirdly, the Law protects LGBT people living or staying in Russia from excessive hostility towards them from the democratic majority of Russians, provided that they do not share their miserable and ugly experience of sexual perversion with underage citizens of Russia.

The law has been passed. Will it protect children from the temptations of perverted forms of sexual debauchery? Of course not. The law is only an assistant in resisting seducers, and adult healthy people can resist them within the framework of the current legislation of Russia.

“Woe to the world from temptations, for temptations must come; but woe to that person through whom the temptation comes, ”these words, spoken almost 2000 years ago from, were addressed to both seducers and those who oppose seducers.

I am on the side of those who will resist the seducers, using all methods not prohibited by Russian law.

I dare to suggest that the modern humane or even inhumane legislation of any country in the world will not award the depraved seducers of children with execution by drowning with a millstone around their necks, and therefore the “confidants of debauchery” can only thank the Russian state for such a kind attitude towards their persons, expressed in the adoption of Law No. 135-FZ, and slowly begin preparations for the Court. And he's waiting...

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