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Caucasus/Russia/Central Asia
Lawyers assessed the legality of the prosecution for the video with the Motherland monument
2024-02-14
Direct Translation via Google Translate. Edited.
[KavkazUzel] Symbols of military glory include any monuments related to the theme of the Great Patriotic War, lawyers noted. In their opinion, although blogger Alena Agafonova did not commit “The Motherland is Calling!” in relation to the monument. in Volgograd of real actions, her persecution fit into established practice.

As the "Caucasian Knot" wrote, the investigation  reported the detention  of a resident of Samara, who in the summer of 2023 filmed a video on Mamayev Kurgan. In the video, the girl first pretends to touch the breast of the sculpture “The Motherland is Calling!” with her finger. and at the same time laughs hard. She then falls onto the grass at the foot of the monument. The suspect apologized. Blogger from Samara Alena Agafonova was arrested until March 10  for desecrating a symbol of military glory (Part 4 of Article 354.1 of the Criminal Code of the Russian Federation “Rehabilitation of Nazism”). The investigation is close to completion, and the case will soon be sent to the prosecutor's office and the court, a representative of the department said.

Any monument related to the Great Patriotic War is considered a symbol of military glory, noted military lawyer Artem Mugunyants. "If the monument has something to do with the Great Patriotic War, then it is already a symbol of military glory. Moreover, this applies not only to the Great Patriotic War, but also to the First Patriotic War with Napoleon. If the monument has something to do with it, then it is a symbol of military glory. Therefore, here you should be very careful with monuments related to the war," he told the "Caucasian Knot" correspondent.

At the same time, he notes that initiating a case against the blogger is contrary to the law. “There were no real actions, for example, pouring paint or performing other physical actions. There was only a movement towards the symbol. If we had international protection, we could have gone there and won the case. But unfortunately, we already have There is no such possibility,” he noted.

Mugunyants is confident that hooligan actions with symbols of military glory cannot be related to the rehabilitation of Nazism. “In Russia, justice has an accusatory and punitive nature. Since our state has become very touchy, one should not come close to monuments of military glory, one should not perform any actions against their background. Any action can be regarded as desecration and rehabilitation of Nazism. This is dangerous for your life and health,” he advised.

Moscow lawyer Evgeny Chernousov also notes that all monuments and sculptures dedicated to the memory of the Great Patriotic War are symbols of military glory.

“There is federal law No. 32 “On days of military glory and memorable dates in Russia,” and all monuments that relate to memorable dates established by this law are considered symbols of military glory. Any desecration of these monuments may become the basis for initiating a criminal case,” - he told the "Caucasian Knot" correspondent.

Practice shows that to initiate a criminal case it is not necessary to touch or touch a monument, he added. “You can shoot a video against the background of a monument and desecrate it. As various cases show, cases are initiated for various reasons, ranging from specific actions of desecration, ending with jokes against the background or addressed to military glory. Therefore, this case of a blogger from Samara is no different from the previous ones ", he pointed out.

The head of the Union of Committees of Soldiers' Mothers, Valentina Melnikova, on the contrary, notes that there is no list of monuments and sculptures recognized as symbols of military glory.

“There is no such list, there is no list of such monuments. This is the whole problem. All these criminal cases are from a series of crazy stories. Someone watched the video, he didn’t like it, and he wrote a denunciation against the blogger. And then the law enforcement agencies decided, that this is desecration. In this story, I don’t see anything other than illegal actions against her. It’s like with philological experts. Some expert decided that her actions desecrated the monument,” she told the “Caucasian Knot” correspondent.

As for the article “Rehabilitation of Nazism”, in her opinion, since we are talking about a sculpture and not a memorial complex, this article is not applicable to the actions of the blogger. “As far as I remember, this is not a memorial complex, there are no burials there. These are just sculptures. There should be a special list of symbols of military glory, compiled, for example, by the Ministry of Culture. Do they have such a list? I haven’t seen it, I don’t know. That’s why all such stories end by what decision the investigation makes in each individual case,” she noted. 

Posted by:badanov

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