THE CONGRESS OF PEOPLE'S DEPUTIES

Act of Release and Rehabilitation

  • Accepted

    08.06.2023

During the years of Putin's regime, tens of thousands of people have become victims of the police state, subjected to repression for their political beliefs, on ideological, social, national, religious and other grounds. The law, the judicial system, law enforcement agencies and the penitentiary system in the Russian Federation have become a punitive tool in the hands of the ruling elite to persecute and intimidate all those who disagree with its policies, as well as an instrument of control and suppression of society.

In order to protect its dominant position and to give legitimacy to the arbitrariness and state terror during the decades of Putin's rule, a huge number of anti-legal legislative acts have been adopted and thousands of knowingly unjust judicial decisions have been handed down.

Condemning the mass persecution of the best representatives of our people as incompatible with the ideas of freedom, the rule of law and justice; Reaffirming its commitment to the universally recognized principles and norms of international law, Stating that overcoming the negative consequences of the illegal occupation by the Russian Federation of the Autonomous Republic of Crimea, Donetsk Oblast, Lugansk Oblast, Kherson Oblast, Zaporizhzhya Oblast in terms of issues related to the administration of justice can be resolved only by reaching an international agreement on this issue;

The Congress of People's Deputies: Declares the necessity of taking measures aimed at restoring violated civil rights and freedoms, releasing all political prisoners and other victims of unjust decisions, ensuring their rehabilitation, and compensating damages to the said categories of citizens, Adopts the present Act of Release and Rehabilitation.

CHAPTER 1. RELEASE AND REHABILITATION OF POLITICAL PRISONERS

1. All persons included in the list of political prisoners, the list of those prosecuted without deprivation of liberty, the list of those prosecuted for religious beliefs, who have been, are or will be in the future, shall be immediately released from prison and rehabilitated: (a) Until 05 April 2022, the Interregional Public Organization "Human Rights Center Memorial" (HRC Memorial), illegally liquidated by the Putin regime; (b) From April 05, 2022 to the present - the public project "Support for Political Prisoners. Memorial"; (c) Public projects - functional successors of the above public organization, as well as other human rights organizations that keep files on victims of political repression of the Putin regime ("Rus Sitting", Union of Solidarity with Political Prisoners and others).

2. All convicted persons, as well as citizens prosecuted for offences under articles 128.1 (slander), 148 (violation of the right to freedom of conscience and religion - insulting the religious feelings of believers), 207.3 (public dissemination of deliberately false information about the use of the armed forces of the Russian Federation, the exercise by State bodies of the Russian Federation of their powers, and the provision of assistance to volunteer formations) and 207.3 (public dissemination of deliberately false information about the use of the armed forces of the Russian Federation, the exercise by State bodies of the Russian Federation of their powers, and the provision of assistance to volunteer formations) shall be subject to immediate release from places of deprivation of liberty and/or rehabilitation.274.2 (Violation of the rules of centralised control of technical means of countering threats to the stability, security and integrity of the functioning of the information and telecommunication network "Internet" and public communications networks on the territory of the Russian Federation), 275.1 (Cooperation on a confidential basis with a foreign state, international or foreign organisation), 280 (Public calls for extremist activities), 280.1-280.4 (Public calls for actions aimed at violating the territorial integrity of the Russian Federation, Violation of the territorial integrity of the Russian Federation, Public actions aimed at discrediting the use of the Armed Forces of the Russian Federation to protect the interests of the Russian Federation and its citizens, to maintain international peace and security, the execution by state bodies of the Russian Federation of their powers, the provision by volunteer formations, organisations or persons of assistance to the armed forces of the Russian Federation, and the use of the armed forces of the Russian Federation to protect the interests of the Russian Federation and its citizens). 281 (sabotage), 281.1-281.3 (facilitating sabotage activities, receiving training for sabotage activities, organising and participating in a sabotage community),  282, 282.1-282.4 (organisation of an extremist community, organisation of the activities of an extremist organisation, financing of extremist activities, Repeated propaganda or public display of Nazi attributes or symbols, or the attributes or symbols of extremist organisations, or other attributes or symbols the propaganda or public display of which is prohibited by federal law), 284.1 (Conducting activities of a foreign or international non-governmental organisation in respect of which a decision has been taken to declare its activities undesirable in the territory of the Russian Federation), 284.2 (Calls for the introduction of restrictive measures against the Russian Federation, citizens of the Russian Federation or Russian legal entities), 330.1 (Evasion from fulfilment of obligations provided for by the legislation of the Russian Federation on foreign agents), 330.2 (Failure to notify a citizen of the Russian Federation of citizenship (nationality) of a foreign state or a residence permit or other valid document confirming the right to permanent residence in a foreign state), parts 2.1, 2.2 of article 332 (failure to obey an order during hostilities, refusal to participate in hostilities), part 3 of article 333 (resistance to a superior by use of violence or threat of violence during hostilities or mobilisation), Art. 334, part 3 (battery on a superior during mobilisation or during hostilities), art. 337, parts 2.1, 3.1, 5 (unauthorised abandonment of a unit or place of service during mobilisation or hostilities), art. 338, part 3 (desertion during mobilisation or hostilities), art. 339, part 3 (evasion from performing military service during mobilisation or hostilities), art. 340, parts 4 and 5 (violation of the rules of combat duty during mobilisation or hostilities), art. 341, parts 4 and 5 (violation of the rules of border guard duty during mobilisation or hostilities), art. 341, parts 4 and 5 (violation of the rules of border guard duty during mobilisation or hostilities), art. 340, parts 4 and 5 (violation of the rules of combat duty during mobilisation or hostilities) (violation of the rules of combat duty during mobilisation or during hostilities), parts 4 and 5 of article 341 (violation of the rules of border guard duty during mobilisation or during hostilities), parts 4 and 5 of article 342 (violation of the statutory rules of guard duty during mobilisation or during hostilities), part 3 of article 344 (violation of the statutory rules of internal service and patrolling in garrison during mobilisation or during hostilities), part 3 of article 346 (intentional destruction or damage to military property during mobilisation or during hostilities), part 2 of article 347 (as amended by Federal Act No. 365-FZ of 24 September 2022 - negligent destruction or damage to military property during mobilisation or during hostilities), article 348, part 2 (as amended by Federal Act No. 365-FZ of 24 September 2022 - loss of military property during mobilisation or during hostilities), article 352.1 of the Criminal Code of the Russian Federation (voluntary surrender).

3. Decisions on cases of administrative offences against citizens and legal entities found guilty of committing offences under Articles 13.41 (Violation of the procedure for restricting access to information, information resources, access to which is subject to restriction in accordance with the legislation of the Russian Federation on information, information technologies and information protection, and (or) the procedure for deleting the said information) shall be subject to cancellation, 13.42 (Violation of legal requirements for the installation of technical means to counter threats to the stability, security and integrity of the functioning of the Internet information and telecommunications network and public communications network in the Russian Federation or technical means to monitor compliance by telecommunications operators, owners or other proprietors of technological communications networks with legal requirements that restrict access to information), 13.46 (Failure to fulfil the obligation to implement the requirements of the law), 13.46 (Failure to fulfil the requirements of the law for the installation of technical means to counter threats to the stability, security and integrity of the functioning of the Internet information and telecommunications network and public communications network in the Russian Federation), 13.48 (Violation of the prohibition established by federal law against publicly identifying the goals, decisions and actions of the leadership of the USSR, the command and servicemen of the USSR with the goals, decisions and actions of the leadership of Nazi Germany, the command and servicemen of Nazi Germany and the European Axis countries during the Second World War, as well as denying the decisive role of the Soviet people in the defeat of Nazi Germany and the humanitarian mission of the USSR in liberating the countries of Europe), 19.7.10.1- 19.7.10.3 (Failure by the owner of a news aggregator to comply with the instructions of the federal executive body exercising control and supervision in the field of mass media, mass communications, information technologies and communications to stop disseminating news information, Failure by the owner of an audiovisual service to fulfil the requirements of the federal executive body exercising control and supervision in the sphere of mass media, mass communications, information technologies and communications to eliminate violations of the legislation of the Russian Federation, Failure by the owner of an information resource involved in violations of fundamental human rights and freedoms, the rights and freedoms of citizens of the Russian Federation, to warn of the need to stop illegal actions), 19.25 (failure to fulfil military mobilisation duties), 20.2 (on meetings, demonstrations, marches, picketing), 20.2.2 (on meetings, demonstrations, marches, picketing), 20.2.3 (on meetings, demonstrations, marches, picketing) , 20. 3 (Propaganda or public display of Nazi attributes or symbols, or attributes or symbols of extremist organisations, or other attributes or symbols, the propaganda or public display of which is prohibited by federal laws), 20.3.1-20.3.4 (Incitement to hatred or enmity, as well as humiliation of human dignity, Public calls for actions aimed at violating the territorial integrity of the Russian Federation, Discrediting the use of the Armed Forces of the Russian Federation, Calls for the introduction of restrictive measures against the Russian Federation, citizens of the Russian Federation or Russian legal entities), 20.28 (Organisation of the activities of a public or religious association in respect of which a decision has been taken to suspend its activities), 20.29 (Production of a new religious association). 20.33 (Participation in the activities of a foreign or international non-governmental organisation in respect of which a decision has been taken to declare its activities undesirable in the territory of the Russian Federation) of the Code of Administrative Offences of the Russian Federation.

4. The provisions of the act on rehabilitation shall apply to all citizens of the Russian Federation, foreign citizens, stateless persons, brought to criminal liability, as well as to liability for committing administrative offences listed in Articles 1-3 of this act (including legal entities).

5. The right to rehabilitation includes the right to compensation for property damage, elimination of the consequences of moral damage and restoration of labour, pension, housing and other rights. Harm caused to a citizen as a result of criminal prosecution is compensated by the State in full, irrespective of the fault of the body conducting the enquiry, the person conducting the inquiry, the investigator, the procurator or the court. Officials of the bodies of enquiry, investigation, procurator's office and judges who participated in the criminal prosecution of citizens subject to rehabilitation shall personally apologise to the rehabilitated person in the manner prescribed by the laws adopted in pursuance of this act. The rehabilitated person shall be apologised to on behalf of the state.

6. In pursuance of Article 7.5 of the Act of Peace, the Department of Justice of the Russian Republic shall be responsible for compiling lists of political prisoners subject to immediate release from places of detention in accordance with Articles 1-5 of this Act.

CHAPTER 2. REVIEW OF SENTENCES AND RULINGS ON CASES OF ADMINISTRATIVE OFFENCES

7. The Department of Justice shall establish a commission for the review of sentences and a commission for the review of rulings in cases of administrative offences. As a matter of priority, sentences against persons convicted of offences under the following articles shall be subject to review 201.2 (Violation of the terms of a state contract on a state defence order or the terms of an agreement concluded for the purpose of fulfilling a state defence order), 201.3 (Refusal or evasion of a person subjected to administrative punishment from concluding a state contract on a state defence order or an agreement necessary for fulfilling a state defence order), 205 (terrorist act), 205.1- 205.6 (facilitation of terrorist activity, public justification/incitement, training, organising, organising, organizing, conducting, or participating in terrorist activities), 205.2 (violation of the terms of a state contract on a state defence order or the terms of an agreement concluded for the purpose of fulfilling a state defence order) 207 (knowingly false report of an act of terrorism), 207.1 (Public dissemination of knowingly false information about circumstances posing a threat to the life and safety of citizens - so-called "fakes"), 207. 2 (Public dissemination of knowingly false information of public importance, which has led to grave consequences), 208 (Organisation of or participation in an illegal armed formation, as well as participation in an armed conflict or military action for purposes contrary to the interests of the Russian Federation), 275 (high treason), 276 (espionage), 279 (armed rebellion), 283t (disclosure of state secrets), 283.1 (illegal receipt of information constituting a state secret), 283.2 (violation of requirements for the protection of state secrets), 285.5 (Violation by an official of the terms of a state contract under a state defence order or of the terms of an agreement concluded for the purpose of fulfilling a state defence order), 285.6 (Refusal or evasion by an official subject to administrative punishment to conclude a state contract under a state defence order or an agreement necessary for the fulfilment of a state defence order), 286.1 (Failure by an employee of an internal affairs body to comply with the terms of a state contract under a state defence order or an agreement necessary for the fulfilment of a state defence order) 297 (contempt of court), 298. 1 (slander against a judge, sworn assessor, prosecutor, investigator, person conducting an enquiry, employee of the coercive enforcement agencies of the Russian Federation), 310 (disclosure of preliminary investigation data), 328 (evasion of military and alternative civilian service), 329 (abuse of the State Emblem of the Russian Federation or the State Flag of the Russian Federation), 332 - 339 (offences against military service), 346 (intentional destruction or damage to military property), 354. 1 (rehabilitation of Nazism), 361 (acts of international terrorism) of the Criminal Code of the Russian Federation and sentences against persons included in the lists of likely victims of the Putin regime compiled by the organisations listed in Article 1 of Chapter 1 of the Act. of Chapter 1 of the Act.

A violation of the Convention for the Protection of Human Rights and Fundamental Freedoms established by the European Court of Human Rights (ECHR) during the consideration of a criminal case by a court of the Russian Federation is also a ground for reviewing the verdict.

8. The Sentence Review Commissions, pursuant to this Act, shall review, on an application basis, the sentences of persons convicted of offences under articles 105, paragraph c) (a person known by the perpetrator to be in a helpless state), e) (with particular cruelty), f) (with mercenary motives or for hire) and part 2 and part 3 and 4 of art. 111 (causing grievous bodily harm) (in cases where the convicted person is a woman and the act was motivated by defence against domestic violence), articles 139 (violation of the inviolability of the home), 314 (evasion from serving a restriction of liberty, deprivation of liberty or compulsory medical measures), 317-319 (attempt on the life of a law enforcement officer, use of violence against a representative of the authorities and insulting a representative of the authorities), 321 (disorganisation of the activities of correctional institutions) (if the applicant indicates that his act was motivated by the motives of active opposition to the illegal actions of persons from among the law enforcement officers of Putin's regime, as well as other persons who directly or indirectly participated in the illegal repression of Russian citizens, foreign citizens and stateless persons, and/or committed actions aimed at inciting and supporting armed aggression against Ukraine) part 5 of article 159. 5 Art. 159 (Fraud involving deliberate non-fulfilment of contractual obligations in the sphere of entrepreneurial activity), Part 3-4 Art. 159.1 (fraud in the sphere of lending) (in cases where the sentence was passed against entrepreneurs and/or their employees), Art. 285 (abuse of official powers), 286 (abuse of power) of the Criminal Code of the Russian Federation (in cases where the applicant is able to prove that the act was committed in order to assist participants of the Russian civil society), as well as other sentences in cases where the applicants request their review citing violation of Articles 29, 31 of the Constitution of the Russian Federation, Articles 19 and 21 of the International Covenant on Civil and Political Rights, Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

9. The commissions for the review of judicial decisions on cases of administrative offences, in pursuance of this act, shall review cases of administrative offences under Articles 20.1 (petty hooliganism) and 19.3 (disobedience to a lawful order of a representative of an authority) of the Code of the Russian Federation on Administrative Offences, if the applicant indicates that he was prosecuted in connection with his participation in peaceful assemblies, in human rights activities, or with the purpose of "preventing the spread of human rights violations".

10. If, during the review of a sentence (as well as a ruling on a case of an administrative offence), the commission comes to the conclusion that the person against whom a sentence has been passed under the above articles of the Criminal Code of the Russian Federation or a ruling under the Code of the Russian Federation on administrative offences is innocent, such person shall be rehabilitated in accordance with the provisions of Chapter 1 of this Act.

CHAPTER 3. PROVISIONS CONCERNING VERDICTS AND DECISIONS ON CASES OF ADMINISTRATIVE OFFENCES RENDERED BY COURTS OF THE RUSSIAN FEDERATION IN THE AUTONOMOUS REPUBLIC OF KRYM, IN DONETSK REGION, IN LUGANSK REGION, IN ZAPOROZHYE REGION, IN KHERSON REGION

11. Sentences, court rulings and other court decisions rendered by the courts of the Russian Federation operating in the occupied Autonomous Republic of Crimea, as of 27 February 2014, as well as in the occupied territories of Donetsk, Luhansk, Kherson and Zaporizhzhya regions cannot be considered to have been rendered by "courts established by law" within the meaning of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and therefore these judicial acts are subject to annulment and review under due process of law, with due respect for the guarantees of the right to a remedy.

12. Citizens of Russia and citizens of Ukraine, citizens of other states, and stateless persons in respect of whom acts of law enforcement affecting their right to liberty and security of person have been issued by the said courts shall be recognised as innocent and shall be released.

13. A sentence and/or ruling on an administrative offence issued by a court of the Russian Federation acting in the Autonomous Republic of Crimea after 27 February 2014, as well as in the occupied territories of Donetsk, Luhansk, Zaporizhzhya, Kherson regions for committing an act that is not a crime or an offence according to the legislation of Ukraine, shall be subject to cancellation by a court decision on the basis of the laws of Ukraine. The person against whom they were issued shall be subject to rehabilitation in accordance with Chapter 1 of this Act.

14. The issues of the procedure for review of verdicts and decisions on cases of administrative offences issued by the courts of the Russian Federation operating on the territory of the occupied Autonomous Republic of Crimea since 27 February 2014, as well as on the occupied territories of Donetsk, Luhansk, Zaporizhzhya, Kherson regions on crimes and administrative offences, which in accordance with the legislation of Ukraine are also recognised as crimes, administrative offences, should be resolved through international law.