Zen Matvey Nikolaevich. Lawyer Matvey Tseng about the case of the Occupy Gerontophilia activist and “direct action” projects

⁰

A lawyer with Chinese roots, Matvey Tseng, told NatAccent about how he became a Russian nationalist, as well as about the trial of the Avar Rasul Mirzaev, where he represented the family of the deceased Russian student Ivan Agafonov.

- Matvey, why did you decide to defend Russian nationalists, and not Russians?

The question of choosing between Russians and Russians has never been raised, because Russians, in my opinion, do not exist. In my entire life, I met only one person who seriously called himself a Russian - it was Rasul Mirzaev. From an ethnic point of view, for me the concept of “Russian” has no meaning. In my opinion, the only meaning of the word “Russian” is a Russian who does not know that he is Russian.

- How do your relatives feel about your support of the nationalists?

The surname Zeng is Chinese, my maternal grandfather was Chinese. Unfortunately, he died when I was still a child. If we talk about my parents and relatives, they support me as a person, and either share my political views or treat them with neutral respect.

- Tell us how you found yourself among Russian nationalists?

In 2005, I went public for the first time. It was a rally in support of Alexandra Ivannikova, who was accused of murdering an Armenian: she accidentally stabbed to death a Caucasian man who was trying to rape her. At the rally I met Konstantin Krylov. Then he became involved in the activities of the “Russian Social Movement”. I started going to protests and attended discussion club at the Stanislav Belkovsky Institute of National Strategy.

- According to some information, you were also a member of the DPNI.

I have never been a member of the DPNI, since I initially joined “ROD”. Perhaps these rumors are related to the fact that at some point there was talk that the entire “ROD” would join the DPNI and we would have cross-membership.

You represented the family deceased Ivan Agafonov in the case of world champion in combat sambo Rasul Mirzaev. How do you assess its outcome?

I consider Mirzaev’s case very important. I hoped that it would be possible to change the vicious judicial practice that has developed in Russia, when death from one blow is often considered as causing death by negligence. Unfortunately, my hopes were not justified, and the charge against Mirzaev was softened to Article 109 of the Criminal Code of the Russian Federation, and this article provides for very small punishment- only up to two years in prison. Moreover, if the offender has not been previously convicted, he is usually given a year of probation. That is, it turns out that the person is dead, and his killer simply does not visit nightclubs for a year.

The father of the deceased Ivan Agafonov complained during the trial about threats from supporters of Rasul Mirzaev. Was there any pressure put on the victims’ lawyers?

- What other things do you do?

My legal activity is divided into two parts: human rights and ordinary legal practice, which is carried out on a paid basis. I do human rights work within the framework of ROD. We provide legal assistance to those who contact us, both political activists and ordinary citizens who have suffered in ethnic conflicts or from government actions. For example, now I am working on the case of Muscovite Daria Egorova. She and her husband were attacked near their house by Dagestani neighbors with traumatic weapons. Unfortunately, the victims came to us late, when the case had already been brought to court. It turned out that the materials of the criminal case do not contain the pistols from which they shot at the Egorov family. Accordingly, since there is no weapon, the article “hooliganism” was removed from the charge. The case actually fell apart at the investigation stage, and if the victims had continued to let the case take its course, the attackers might not have been punished at all. I hope that we can correct the situation. Drawing public attention to the case plays a big role in such stories. While everything is quiet, neither the investigation nor the court will do anything.

You also defend nationalists who are being tried under “extremist” charges for participating in political actions. What problems do the defendants in these criminal cases face?

The main problem is that people often seek legal help too late. It is necessary to think about protection in advance, before initiating a criminal case. After all, as a rule, it is clear that this is about to happen if an activist is engaged in a certain activity. Before the prosecution begins, it is quite possible to find yourself a lawyer whom you trust. But usually right-wing activists think about protection only after law enforcement rings at the door. They usually look for a lawyer in a hurry and choose the first one they come across. Although you need to approach this matter wisely and understand that there are conscientious lawyers and others who are not.

IN Lately The non-systemic opposition is increasingly vocal about political repression. Which part of it do you think suffers more from this kind of persecution?

Until recently, nationalists were subjected to more serious repression than leftists or liberals. National Bolsheviks are another story. Only now, when a criminal case has been opened against the leader of the Left Front, Sergei Udaltsov, the leftists find themselves in approximately the same situation in which the nationalists have existed for years. Almost all leaders of nationalist opposition organizations are being persecuted and criminal cases are being opened against them. At the same time, ignorance in the matter of legal self-defense, as the Udaltsov case shows, is abundant everywhere. The same Leonid Razvozzhaev, who, under pressure, confessed to organizing mass riots. They didn’t beat him, but they created such a hysterical atmosphere around him that the man imagined that he would be killed. As a result, he gave the testimony that they wanted from him. True, then, as soon as the opportunity arose, he refused to testify, saying that they had been “knocked out.” A similar situation occurred with the witness in the Tikhonov-Khasis case, Ilya Goryachev. However, he did not refuse to testify about the fundamental difference between him and Razvozzhaev.

In general, of the entire opposition, liberals are subject to less repression, but they react more competently thanks to the legal assistance provided and powerful human rights and information resources. We need to learn from them!

Matvey Tseng about migrants, politics and what it’s like to be a Russian nationalist with a Chinese surname. Extended version of the interview for "Special letters" .

Matvey Tseng

Political advocacy is relatively new to modern Russia a phenomenon because in the past lawyers tried to stay away from the public mainstream. But times are changing. Matvey Tseng is a prominent representative of the Russian political advocacy. And not only because he participates as a defense attorney in criminal and political cases, but also because he himself is an active participant in the political process. Until recently, Zeng was a municipal deputy of the Moscow Pokrovskoye-Streshnevo district, and today he can be seen at rallies of Russian nationalists, at meetings of the National Democratic Party and among the specialists of the ROD human rights center.

- How is life for a Russian nationalist with the surname Tseng?

Life is normal ( laughs). Well, my grandfather is Chinese, on my father’s side, that’s actually where my last name comes from. The rest of the ancestors are Russian, as far as I know about them. Therefore, my ethnic origin is three-quarters Russian, and I am one-quarter Chinese. But culturally I am completely Russian - that’s all. Born and raised here.

And then, I just have this appearance, I don’t have any problems with it. On the contrary, in part it even helped me - my appearance allows me, if necessary, to pass myself off as a person of a different, “eastern” mentality. In some situations, I pretended to be another person and saw that the situation was changing, the attitude was changing, the interlocutor was opening up.

- For example?

Well, for example, in communicating with migrants from Central Asia I heard things that they would never say to a Russian by appearance. There is no talk of any integration or assimilation. They perceive everything completely differently. And they very clearly understand where the Russians are, where the non-Russians are, where they are and where they are - they have completely unambiguous views on this whole situation, no one is going to integrate here, form some kind of Russian nation and so on.

Nothing can be done about this, because the marker of a person is his appearance, his language. There are no employees of Center “E” (Main Directorate for Combating Extremism of the Ministry of Internal Affairs of the Russian Federation (CPE) - approx. ed.), who could work with Asians, with Caucasians - all the Slavs are in the Center for Educational Excellence, and their effectiveness in this environment is zero. In other law enforcement units the situation is approximately the same, not much better. This is especially true for immigrants from Asia, with Caucasians having slightly better organs, in the sense that there are more and more of them there...

How do you become nationalists? There are many Ivanovs and Petrovs who are not interested in issues of identity and so on. How did you come to this?

I believe that my mixed ethnic background contributed to my thinking about these issues at all in my teens. But I never had a real choice to start considering myself Chinese - for me it’s about the same as starting to consider myself an elf. I don’t feel any craving for Chinese culture, for the Chinese language, for the Chinese. Well, I probably like Chinese cuisine... I have never had any doubts that people have a nationality, some kind of ethnicity (I don’t like the word nationality, it’s Soviet, it’s a little confusing).

Every person has an objective ethnic origin. It may be mixed and noticeable, as in my case, or it may not be mixed and not noticeable, as in most people. But there is also his, the person’s, self-identification and how the people around him perceive him. Normally, these things coincide, but they still need to be distinguished, because often, unfortunately, many Russians, being ethnic Russians by origin, do not have Russian self-identification, or it is not updated for them. And that's the problem...

You say that there is an objective ethnic origin, and there is a sense of self, self-identification. Then, after all, derive the formula: who is Russian?

IN general view Russian is an ethnically Russian person or a person with a significant ethnic Russian component who has Russian self-identification and is accepted by others as Russian.

- What does “significant ethnic component” mean?

Well, this means that if, like me, for example, there is some kind of Chinese grandfather or someone else, this is not an obstacle to the person being Russian. If we take ethnic origin, then when most of the ancestors are Russian, then the person himself is mostly Russian. I think this is clear, no?

- Not good. Can you be more Russian, or can you be less Russian?

From an ethnic point of view - yes.

- And where is the line then: here he is still Russian, but here he is no longer Russian?

Half border. If a person is ethnically mixed, then their self-identification is of primary importance. In fact, ethnicity, nation, and people are all concepts that do not operate with units of people, they operate with millions, and in the case of the Russian people, tens of millions. That is, it is like a galaxy in which there are a lot of stars, millions and hundreds of millions, billions - and accordingly the galaxy, it objectively exists. And the entire collection of stars as a whole makes up this galaxy.

The question of where this or that star is located - in the center of the galaxy or on its periphery - is not fundamental for determining whether a star belongs to this particular stellar system, just as the galaxy does not have a rigid dotted boundary, and there is no need for such a boundary with boundary pillars . It’s the same with every person: some are closer to the ethnic core of the Russian people, some are further away, but together we form the Russian galaxy.

I have no doubt at all that you are from the Russian galaxy, but your grandfather is of great interest to me. I heard that he was a security officer...

I don't know much about his activities because he actually served in the KGB and after his death most of his archive was taken away by KGB people. It turns out that he worked almost until the end of his days... And what remains in the family from his archives is mostly in Chinese.

My grandfather (his name was Zeng Xiu Fu) was not only an intelligence officer, but also a sinologist and participated, in particular, in the creation of a large Chinese-Russian dictionary - a four-volume set, well, among those people who study the Chinese language, this is a fundamental work. And when I talk about this, they nod understandingly, because it is very a lot of work, you need to understand that the Chinese language is hieroglyphic, the Russian language is alphabetic. It is quite difficult to make a dictionary given such a difference in the structure of languages.

Grandfather has state awards, my relatives tried to find out why he was awarded, but this is still classified information, i.e. We receive a response from the FSB that in response to your request for an award for your relative such and such, we inform you that such a relative was indeed awarded. What, for what, how - they are not responsible...

- What, didn’t grandma really tell you what grandpa did? :)

Well, let's just say that one of the family legends says that my grandfather worked as a translator during the negotiations between Mao Zedong and Stalin. When Mao Zedong came in 1949 for the famous two-month negotiations, which resulted in the signing of a historic treaty of friendship, alliance and mutual assistance between the USSR and China.

Another family legend says that during the Great Patriotic War there was a plan, in the event of the surrender of Moscow to the Germans, to establish sabotage and guerrilla warfare through the Chinese diaspora specially remaining in the city, since they were not perceived by the Germans at all, they spoke an incomprehensible Chinese language and were all on the same page. face :) Well, they say my grandfather was responsible for training these Chinese partisans...

The third family legend says that for some time he worked as an intelligence officer in Japan under the guise of a restaurant owner... By the way, my grandfather still has some Chinese relatives with whom we maintain periodic contact.

-Have you been to China?

No, I have not been to China. I treat him somehow calmly, objectively. Well, yes, China is one of the ancient civilizations. With an interesting original philosophy, culture, achievements of the past, and now on the rise. But I don’t feel any involvement in China.

- Did your grandfather live in Russia in the first generation?

My grandfather immigrated to Soviet Russia as a teenager in the 1920s. There was a permanent civil war in China, and he actually fell into slavery. And then he had to be executed for some offense. The night before his execution, he escaped, boarded a train that ran along the CER (Chinese Eastern Railway) and left for the Soviet Union.

Here he ended up in an orphanage, learned Russian and came to the attention of the NKVD. Because he was an ethnic Chinese, but definitely - due to his youth - was not a spy, which is very important for the intelligence services. Chinese was his native language and this is a very valuable quality for intelligence...

- Didn’t you want to go on reconnaissance? There would be a dynasty...

No, and I didn’t have much choice, because my father did not follow this line - he went into science, was a psychologist, but died at a young age. At the age of twenty-nine he died. And although my grandfather at some point suggested sending me to a boarding school with in-depth study Chinese language, but the parents were against it because they understood that, of course, only a Chekist career would follow from this boarding school. Good knowledge of the Chinese language, oriental appearance... My parents were against this being programmed by my birth.

And then, when I was already making my own decisions, I graduated from school in 1996, I considered the option of entering the service, frankly speaking. But there’s only this: “Are there any relatives who are current employees? No relatives - no chance." But I don’t have the temperament for such work.

You were a municipal deputy. Now you are a lawyer, a member of the NDP party, a politician, a human rights activist for ROD... You have a lot of essences. Who is Mr.Tszen?

They're just different aspects of my personality. From a professional point of view, in the broad sense of the word, I am a lawyer; in a narrower segment of lawyers, I am a lawyer, a person who has legal status, has passed exams and has had a law office since 2002. Accordingly, the legal profession is my main income, as they say - “an independent adviser on legal issues.” They contact me with legal issues- I provide legal assistance for money.

From the point of view of political convictions, I am a Russian nationalist in the broad sense of the word and a national democrat in the narrower sense of the concept of “nationalist”.

From point of view social activities- activities that are not strictly professional and are not, strictly speaking, political - I am a human rights activist and in 2008-2012 I was a deputy of the Pokrovskoye-Streshnevo district, because, by and large, a municipal deputy is the same public figure. That's all, actually.

Does it interfere with each other? No, it doesn’t interfere, but, on the contrary, it helps. It is clear that my professional skills as a lawyer - they, of course, allow me to be a more effective human rights defender. In fact, human rights protection for me means the same thing that I usually do - I provide the same legal assistance, only for free, that’s all.

There is a lot of talk about the double standards of Russian law enforcement. You, as a lawyer who observes this very enforcement of law in practice, can you confirm or refute the thesis that, for example, skinheads and Caucasian youth are punished differently for the same offenses: the former receive the full severity of the law, and the latter get off with a slight fright?

I don’t think that judges and investigators are biased towards Russians or favorably towards Caucasians. Skinheads will indeed receive more, but not because they are Russian, but because they are skinheads - that is, because they did it from political views, which in the language of our legislation are interpreted as extremism. In fact, extremism is one of the options for political views. Therefore they will get more.

And Caucasians will receive less, but not because they are Caucasians in themselves, but because with a high probability their national diaspora will stand up for them, they will have good lawyers, they will have comprehensive support from the outside, including support either corruption, or administrative - through high-ranking fellow countrymen. Russians do not have such unconditional mutual assistance.

- But it still works out, because they are Caucasians...

But the mechanism for obtaining the final result is different! Behind each such verdict there is a certain mechanism, a certain behind-the-scenes work is carried out.

- So, Russians need to become a minority in order to begin to behave unitedly, like diasporas behave?

Well, it is clear that if the genocide of the Russian people begins, the last million Russians will resist extremely desperately and skillfully. But this is not what we want. There are two ways out: either start behaving like a minority while actually being the majority, or rebuild the state in such a way that it ensures not just declarative equality, but real equality - regardless of ethnicity. The first option is, as they say, “Living with wolves is howling like a wolf,” the second option is the development of the state in a European way.

It turns out that while development is moving along the path of “diasporization” of the Russian population, only close-knit enclaves are competitive in the modern aggressive social environment: bikers, football fans, Cossacks, some professions, like the miners' brotherhood, and the like.

Still the same right-wing subculture, it too...

Well, the right-wing subculture, as it seems to me, is very loose, even in comparison with the same structures around football...

It is loosened, that’s why it’s loose, don’t forget about it. I am sure: if the anti-bikerism center worked against bikers, then they too would be “loose.”

- Recently, the possibility of changing the law on the legal profession has been discussed. Up to the proposal ban lawyers participate in any social and political activities. How do you feel about such innovations?

First of all, I want to say that there is a certain struggle with political lawyers - with those who work with political prisoners. Recently, for example, lawyer Igor Popovsky had serious troubles. Therefore, I am psychologically prepared for the fact that the same kind of troubles may arise for me at any moment. And compared to a falsified criminal case, any legislative changes regarding lawyer status do not seem so scary. What I mean is that lawyers are scared people.

But if we return to the above-mentioned initiatives, I see no reason to prohibit lawyers from engaging in public, political activity, because many of the famous politicians were lawyers and jurists in the broad sense of the word. Law and politics are interconnected things. The lawyer does not have authority. It is more logical for a judge and a prosecutor not to engage in political activities, or a police officer, or an official, except for elected positions. But a lawyer - why not?

How did you get into politics? Many politicians are lawyers (or at least the sons of lawyers), but not many lawyers are politicians...

The turning point was when I learned about Ivannikova case, it was the summer of 2005. I found out about it literally half an hour before the start of the rally in her support, read it and realized that I had to do something. I took a trolleybus and drove to Pushkinskaya Square, where I attended a rally, saw Belov and Krylov there, and off we went. That was crucial moment in my life.

-Have your views changed in any way since then?

At first, I won’t hide it, during the first term of Vladimir Putin’s presidency, I supported him, because I believed that he was bringing order to the country.

- Well, after Yeltsin, many thought so...

I began to be critical of Putin during his second term, when I saw that the positive that he brought was ending, and there was no development or progress. And many problems - in particular immigration, interethnic conflicts, social stratification- they are simply ignored. At first it seemed that this was some kind of mistake by the authorities that could be corrected. It seemed that if the problem was updated and the authorities saw it, they would correct the situation. But then the realization came that this was not a mistake or an oversight, but a purposeful policy, a chosen course.

Well, I finally became disillusioned with Putin after Operation “Successor”. It seemed logical to me that two candidates from the parties in power would be nominated - Ivanov and Medvedev. Medvedev as more liberal, Ivanov as more conservative, and society could choose between the two. This would give impetus to a two-party system, perhaps even along the American model. Managed democracy, but not in the puppet sense, but in the sense of stable, when people can actually elect themselves, but from a limited range of options. And when Putin abandoned all this and took the path of castling, then I, as a voter, was completely disappointed in this policy of the Kremlin.

Interviewed by Alexey Baranovsky.

"Defense goes on attack"

- Matvey, why did you decide to defend Russian nationalists, and not Russians?

- How do your relatives feel about your support of the nationalists?

- Tell us how you found yourself among Russian nationalists?

In 2005, I went public for the first time. It was a rally in support of Alexandra Ivannikova, who was accused of murdering an Armenian: she accidentally stabbed to death a Caucasian man who was trying to rape her. At the rally I met Konstantin Krylov. Then he became involved in the activities of the “Russian Social Movement”. I started going to protests and attended a discussion club at Stanislav Belkovsky’s Institute for National Strategy.

- According to some information, you were also a member of the DPNI.

- You represented the family of the deceased Ivan Agafonov in the case of world champion in combat sambo Rasul Mirzaev. How do you assess its outcome?

I consider Mirzaev’s case very important. I hoped that it would be possible to change the vicious judicial practice that has developed in Russia, when death from one blow is often considered as causing death by negligence. Unfortunately, my hopes were not justified, and Mirzaev’s charge was softened to Article 109 of the Criminal Code of the Russian Federation, and this article provides for a very small punishment - only up to two years in prison. Moreover, if the offender has not been previously convicted, he is usually given a year of probation. That is, it turns out that the person is dead, and his killer simply does not visit nightclubs for a year.

- The father of the deceased Ivan Agafonov complained during the trial about threats from supporters of Rasul Mirzaev. Was there any pressure put on the victims’ lawyers?

Such rumors circulated on social networks. There was no pressure on me legal framework. But someone sent very specific threats to the second lawyer Oksana Mikhalkina from an anonymous account on the Internet. That was all.

- What other things do you do?

- You also defend nationalists who are being tried under “extremist” charges for participating in political actions. What problems do the defendants in these criminal cases face?

- Recently, the non-systemic opposition has been increasingly vocal about political repression. Which part of it do you think suffers more from this kind of persecution?

Until recently, nationalists were subjected to more serious repression than leftists or liberals. The National Bolsheviks are a different story. Only now, when a criminal case has been opened against the leader of the Left Front, Sergei Udaltsov, the leftists find themselves in approximately the same situation in which the nationalists have existed for years. Almost all leaders of nationalist opposition organizations are being persecuted and criminal cases are being opened against them. At the same time, ignorance in the matter of legal self-defense, as the Udaltsov case shows, is abundant everywhere. The same Leonid Razvozzhaev, who, under pressure, confessed to organizing mass riots. They didn’t beat him, but they created such a hysterical atmosphere around him that the man imagined that he would be killed. As a result, he gave the testimony that they wanted from him. True, then, as soon as the opportunity arose, he refused to testify, saying that they had been “knocked out.” A similar situation occurred with the witness in the Tikhonov-Khasis case, Ilya Goryachev. However, he did not refuse to testify about the fundamental difference between him and Razvozzhaev.

Comments on posts, replies to comments, new posts and all other events

Notifications about replies to comments and other frequent notifications are hidden

Only important

Only notifications about new publications, birthdays and other important events are shown

KD: goodwill coefficient (from 1 to -1) - an indicator of the user’s attitude towards other users

Specialization

Common crimes

Project
about the project
Presentation booklet of Pravoruba
Project statistics
Terms of use
Memorandum
Our partners
Personal data processing policy

Development
Advertising
Our links and banners
Lawyer business cards for printing
Philanthropists
Support the development of the project

Help
User categories
Rating and reputation
How to work on the portal
Tariff PRO

Please report any errors you notice while operating the site using feedback.

matveytszen.pravorub.ru

Matvey Tseng Russian nationalist, lawyer of the Agafonov family

Matvey Nikolaevich Tseng was born in 1979, Moscow. He graduated from the Moscow State Law Academy and was close to the “Movement against Illegal Immigration” (DPNI). Former member“Russian Social Movement” (ROD), after the suspension of its activities, in the fall of 2011 he joined the human rights center “ROD” of Natalya Kholmogorova and the “National Democratic Party” of Konstantin Krylov. Protects political activists and Russian citizens of Russia who have suffered in ethnic conflicts. Represents the Agafonov family in the Mirzaev case. Participant in opposition protests. Author of the blog www.second-sign.livejournal.com.

Defense goes on attack

— Matvey, why did you decide to defend Russian nationalists, and not Russians?

— The question of choosing between Russians and Russians has never been raised, because Russians, in my opinion, do not exist. In my entire life, I met only one person who seriously called himself a Russian - it was Rasul Mirzaev. From an ethnic point of view, for me the concept of “Russian” has no meaning. In my opinion, the only meaning of the word “Russian” is a Russian who does not know that he is Russian.

— How do your relatives feel about your support of the nationalists?

— The surname Zeng is Chinese, my maternal grandfather was Chinese. Unfortunately, he died when I was still a child. If we talk about my parents and relatives, they support me as a person, and either share my political views or treat them with neutral respect.

— Tell us how you found yourself among Russian nationalists?

— In 2005, I took part in a public event for the first time. It was a rally in support of Alexandra Ivannikova, who was accused of murdering an Armenian: she accidentally stabbed to death a Caucasian man who was trying to rape her. At the rally I met Konstantin Krylov. Then he became involved in the activities of the “Russian Social Movement”. I started going to protests and attended a discussion club at Stanislav Belkovsky’s Institute for National Strategy.

— According to some information, you were also a member of the DPNI.

— I have never been a member of the DPNI, since I initially joined ROD. Perhaps these rumors are related to the fact that at some point there was talk that the entire “ROD” would join the DPNI and we would have cross-membership.

— You represented the family of the deceased Ivan Agafonov in the case of world champion in combat sambo Rasul Mirzaev. How do you assess its outcome?

“I think Mirzaev’s case is very important. I hoped that it would be possible to change the vicious judicial practice that has developed in Russia, when death from one blow is often considered as causing death by negligence. Unfortunately, my hopes were not justified, and Mirzaev’s charges were softened to Article 109 of the Criminal Code of the Russian Federation, and this article provides for a very small punishment - only up to two years in prison. Moreover, if the offender has not been previously convicted, he is usually given a year of probation. That is, it turns out that the person is dead, and his killer simply does not visit nightclubs for a year.

— The father of the deceased Ivan Agafonov complained during the trial about threats from supporters of Rasul Mirzaev. Was there any pressure put on the victims’ lawyers?

-What other things do you do?

— My legal activity is divided into two parts: human rights and ordinary legal practice, which is carried out on a paid basis. I do human rights work within the framework of ROD. We provide legal assistance to those who contact us, both political activists and ordinary citizens who have suffered in ethnic conflicts or from government actions. For example, now I am working on the case of Muscovite Daria Egorova. She and her husband were attacked near their house by Dagestani neighbors with traumatic weapons. Unfortunately, the victims came to us late, when the case had already been brought to court. It turned out that the materials of the criminal case do not contain the pistols from which they shot at the Egorov family. Accordingly, since there is no weapon, the article “hooliganism” was removed from the charge. The case actually fell apart at the investigation stage, and if the victims had continued to let the case take its course, the attackers might not have been punished at all. I hope that we can correct the situation. Drawing public attention to the case plays a big role in such stories. While everything is quiet, neither the investigation nor the court will do anything.

— You also defend nationalists who are being tried under “extremist” charges for participating in political actions. What problems do the defendants in these criminal cases face?

— The main problem is that people often seek legal help too late. It is necessary to think about protection in advance, before initiating a criminal case. After all, as a rule, it is clear that this is about to happen if an activist is engaged in a certain activity. Before the prosecution begins, it is quite possible to find yourself a lawyer whom you trust. But usually right-wing activists think about protection only after law enforcement rings at the door. They usually look for a lawyer in a hurry and choose the first one they come across. Although you need to approach this matter wisely and understand that there are conscientious lawyers and there are not.

— Recently, the non-systemic opposition has been increasingly vocal about political repression. Which part of it do you think suffers more from this kind of persecution?

— Until recently, nationalists were subjected to more serious repression than leftists or liberals. The National Bolsheviks are a different story. Only now, when a criminal case has been opened against the leader of the Left Front, Sergei Udaltsov, the leftists find themselves in approximately the same situation in which the nationalists have existed for years. Almost all leaders of nationalist opposition organizations are being persecuted and criminal cases are being opened against them. At the same time, ignorance in the matter of legal self-defense, as the Udaltsov case shows, is abundant everywhere. The same Leonid Razvozzhaev, who, under pressure, confessed to organizing mass riots. They didn’t beat him, but they created such a hysterical atmosphere around him that the man imagined that he would be killed. As a result, he gave the testimony that they wanted from him. True, then, as soon as the opportunity arose, he refused to testify, saying that they were “knocked out.” A similar situation occurred with the witness in the Tikhonov-Khasis case, Ilya Goryachev. However, he did not refuse to testify about the fundamental difference between him and Razvozzhaev.

"Russian Verdict"

Main menu

Article navigation

Matvey Tseng: “The Russian galaxy has no borders with boundary pillars” (full version of the interview)

Matvey Tseng about migrants, politics and what it’s like to be a Russian nationalist with a Chinese surname. Extended version of the interview for "Special letters".

Political advocacy is a relatively new phenomenon for modern Russia, since previously lawyers tried to stay away from the public mainstream. But times are changing. Matvey Tseng is a prominent representative of the Russian political advocacy. And not only because he participates as a defense attorney in criminal and political cases, but also because he himself is an active participant in the political process. Until recently, Zeng was a municipal deputy of the Moscow Pokrovskoye-Streshnevo district, and today he can be seen at rallies of Russian nationalists, at meetings of the National Democratic Party and among the specialists of the ROD human rights center.

- How is life for a Russian nationalist with the surname Tseng?

- For example?

Well, for example, in communicating with migrants from Central Asia, I heard things that they would never say to a Russian by appearance. There is no talk of any integration or assimilation. They perceive everything completely differently. And they very clearly understand where the Russians are, where the non-Russians are, where they are and where they are strangers - they have completely unambiguous views on this whole situation, no one is going to integrate here, form some kind of Russian nation, and so on.

How do you become nationalists? There are many Ivanovs and Petrovs who are not interested in issues of identity and so on. How did you come to this?

You say that there is an objective ethnic origin, and there is a sense of self, self-identification. Then, after all, derive the formula: who is Russian?

In general terms, a Russian is an ethnically Russian person or a person with a significant ethnic Russian component, who has Russian self-identification and is accepted by others as Russian.

- What does “significant ethnic component” mean?

- Not good. Can you be more Russian, or can you be less Russian?

From an ethnic point of view - yes.

- And where is the line then: here he is still Russian, but here he is no longer Russian?

I have no doubt at all that you are from the Russian galaxy, but your grandfather is of great interest to me. I heard that he was a security officer...

My grandfather (his name was Zeng Xiu Fu) was not only an intelligence officer, but also a sinologist and participated, in particular, in the creation of a large Chinese-Russian dictionary - a four-volume set, well, among those people who study the Chinese language, this is a fundamental work. And when I talk about this, they nod understandingly, because this is a lot of work, you need to understand that the Chinese language is hieroglyphic, the Russian language is alphabetic. It is quite difficult to make a dictionary given such a difference in the structure of languages.

My grandfather has state awards, my relatives tried to find out why he was awarded, but this is still classified information, i.e. We receive a response from the FSB that in response to your request for an award for your relative such and such, we inform you that such a relative was indeed awarded. What, for what, how - they are not responsible...

- What, didn’t grandma really tell you what grandpa did? :)

Another family legend says that during the Great Patriotic War there was a plan, in the event of the surrender of Moscow to the Germans, to establish sabotage and guerrilla warfare through the Chinese diaspora specially remaining in the city, since they were not perceived by the Germans at all, they spoke an incomprehensible Chinese language and were all on the same page. face 🙂 Well, they say my grandfather was responsible for training these Chinese partisans...

-Have you been to China?

No, I have not been to China. I treat him somehow calmly, objectively. Well, yes, China is one of the most ancient civilizations. With an interesting original philosophy, culture, achievements of the past, and now on the rise. But I don’t feel any involvement in China.

- Did your grandfather live in Russia in the first generation?

- Didn’t you want to go on reconnaissance? There would be a dynasty...

No, and I didn’t have much choice, because my father did not follow this line - he went into science, was a psychologist, but died at a young age. At the age of twenty-nine he died. And although my grandfather at some point suggested sending me to a boarding school with in-depth study of the Chinese language, my parents were against it because they understood that this boarding school, of course, would only lead to a Chekist career. Good knowledge of the Chinese language, oriental appearance... My parents were against this being programmed by my birth.

You were a municipal deputy. Now you are a lawyer, a member of the NDP party, a politician, a human rights activist for ROD... You have a lot of essences. Who is Mr.Tszen?

They're just different aspects of my personality. From a professional point of view, in the broad sense of the word, I am a lawyer; in a narrower segment of lawyers, I am a lawyer, a person who has legal status, has passed exams and has had a law office since 2002. Accordingly, the legal profession is my main income, as they say - “an independent adviser on legal issues.” People come to me with legal questions - I provide legal assistance for money.

From the point of view of political convictions, I am a Russian nationalist in the broad sense of the word and a national democrat in the narrower sense of the concept of “nationalist”.

From the point of view of social activities - activities that are not strictly professional and are not, strictly speaking, political - I am a human rights activist and in 2008-2012 I was a deputy of the Pokrovskoye-Streshnevo district, because by and large a municipal deputy is the same public figure. That's all, actually.

I don’t think that judges and investigators are biased towards Russians or favorably towards Caucasians. Skinheads will indeed receive more, but not because they are Russian, but because they are skinheads - that is, because they did it out of political views, which in the language of our legislation are interpreted as extremism. In fact, extremism is one of the options for political views. Therefore they will get more.

- But it still works out, because they are Caucasians...

But the mechanism for obtaining the final result is different! Behind each such verdict there is a certain mechanism, a certain behind-the-scenes work is carried out.

- So, Russians need to become a minority in order to begin to behave unitedly, like diasporas behave?

Still the same right-wing subculture, it too...

Well, the right-wing subculture, as it seems to me, is very loose, even in comparison with the same structures around football...

It is loosened, that’s why it’s loose, don’t forget about it. I am sure: if the anti-bikerism center worked against bikers, then they too would be “loose.”

Recently, the possibility of changing the law on the legal profession has been discussed. Right up to the proposal to ban lawyers from participating in any social and political activities. How do you feel about such innovations?

But if we return to the above-mentioned initiatives, I see no reason to prohibit lawyers from engaging in public and political activities, because many of the famous politicians were lawyers and jurists in the broad sense of the word. Law and politics are interconnected things. The lawyer does not have authority. It is more logical for a judge and a prosecutor not to engage in political activities, or a police officer, or an official, except for elected positions. But a lawyer - why not?

How did you get into politics? Many politicians are lawyers (or at least the sons of lawyers), but not many lawyers are politicians...

The turning point was when I learned about Ivannikova’s case, it was the summer of 2005. I found out about it literally half an hour before the start of the rally in her support, read it and realized that I had to do something. I took a trolleybus and drove to Pushkinskaya Square, where I attended a rally, saw Belov and Krylov there, and off we went. That was a turning point in my life.

-Have your views changed in any way since then?

At first, I won’t hide it, during the first term of Vladimir Putin’s presidency, I supported him, because I believed that he was bringing order to the country.

- Well, after Yeltsin, many thought so...

I began to be critical of Putin during his second term, when I saw that the positive that he brought was ending, and there was no development or progress. And many problems - in particular, immigration, ethnic conflicts, social stratification - they are simply ignored. At first it seemed that this was some kind of mistake by the authorities that could be corrected. It seemed that if the problem was updated and the authorities saw it, they would correct the situation. But then the realization came that this was not a mistake or an oversight, but a purposeful policy, a chosen course.

"Russian Verdict"

Main menu

Article navigation

Lawyers against 282

Dmitry Agranovsky: Strictly speaking, censorship is a form of preliminary verification of texts and in this sense, articles of the Criminal Code that punish already committed actions cannot be a form of censorship. However, in the form in which Art. 282 of the Criminal Code of the Russian Federation exists, it is, of course, legally untenable, since it provides enormous opportunities for its broad interpretation or, more simply, for any arbitrariness.
Alexander Vasiliev: First, let's remember what exactly they are punished for under Art. 282 of the Criminal Code of the Russian Federation: for “ACTIONS AIMED AT inciting hatred or enmity, as well as at humiliating the dignity of a person or group of persons on the basis of gender, race, nationality, language, origin, attitude to religion, as well as belonging to any social group..." Now try using this template to remake any other article of the criminal code: “Actions aimed at theft”, “Actions aimed at murder”, “Actions aimed at rape”, etc. Absurd? Another one. It turns out that according to Art. 282 are punished not for the socially dangerous act (crime) itself, but for some unknown “actions” directed at it. What is considered to be these “actions” has not yet been determined either by laws or by court clarifications. As a result, the article turns out to be completely “rubbery”, since these very notorious “actions” can be considered anything – a carelessly spoken phrase, a drawing in a school notebook, or a sidelong glance towards some “privileged Russians”. The term “social group” used in it also adds a fair amount of “rubbery” to this article. It also has no specific legal meaning. As a result, the stupidity of law enforcement agencies in its use knows no bounds. There are already such social groups as “Infidel police officers”, “Persons who carried out the genocide of the Russian people”, “Enemies of the white race”, and it is prohibited by the Russian court to incite hostility and hatred towards all of the above. This is such a freak article.
Matvey Tseng: The wording of Article 282 is such that it does not have any objective content independent of the will of the law enforcer. This means that almost anything can be considered “incitement to hatred or hostility” and almost anything can not be recognized as such. It all depends on the desire Investigative Committee, the prosecutor's office, center "E" and their pocket experts. Now a situation has created where everyone who writes or speaks on any acute socio-political or historical topic, risks “falling under Article 282”, so “yes” - Article 282 is a form of political censorship. It is obvious that the constitutional ban on censorship is interpreted by the authorities in a narrow sense as a ban only on preliminary censorship, and not on censorship in general, which, in my opinion, would be more correct.
Andrey Fedorkov: Dissatisfaction with the presence of Article 282 in the Criminal Code is caused both by its unsuccessful disposition from the point of view of legal technique, and by vicious law enforcement practice, thanks to which this article is clearly associated in the public consciousness with a punitive instrument for suppressing any criticism of the existing political regime. The legal imperfection of Article 282 is due, first of all, to the extreme vagueness of its wording, which allows, if there is an appropriate “order” from law enforcement agencies, or influential officials initiate criminal prosecution against any objectionable opponent - an opponent of the ruling class or a political competitor. Existing law enforcement practice gives every reason for an affirmative answer to the question that Article 282 in modern Russia is a mechanism for implementing political censorship. In fact, it would not be an exaggeration to say that Article 282 is the “successor” of the notorious Article 70 of the RSFSR Criminal Code on anti-Soviet agitation and propaganda, differing only in shorter sentences.
Oksana Mikhalkina: I agree that Art. 282 of the Criminal Code of the Russian Federation, or rather its application, can be considered a form of political censorship.

2) MANY CALL ARTICLE 282 “POLITICAL” AND EVEN AN ARTICLE SUPPRESSING DISSENT.
AS A LAWYER, DO YOU AGREE WITH THIS ASSESSMENT?

Dmitry Agranovsky: Of course. Due to inaccurate and incorrect wording, as well as certain law enforcement practices that have nothing to do with the norms of a democratic state, this article is mainly used to suppress dissent.

Alexander Vasiliev: Of course, 282 of the Criminal Code of the Russian Federation is a “political article” in its purest, standard form. Protecting it is not clear what and it is not clear from whom, the 282nd is cherished dream any dictator. What could be simpler - take some statement of a person disliked by the regime, conduct a pseudo-expertise in some sharashka office (for example, the Institute of Cultural Studies of the Russian Academy of Sciences of the Russian Federation) and that’s it: the case goes to court - the person goes to jail.
Matvey Tseng: Article 282 suppresses not only dissent, but also any socio-political thought in general, since such thought is impossible without critical reflection surrounding reality, and today there is no distance at all from criticism to “inciting hatred or enmity.”
Andrey Fedorkov: Since Article 282 primarily targets writers, journalists, poets, bloggers, users social networks, civil activists, representatives of opposition movements for their statements, articles, books, public speeches, the content of which is aimed at criticizing the policies carried out by the ruling oligarchic-bureaucratic class, we can safely say that 282 is designed precisely for the fight against dissent.
Oksana Mikhalkina: Yes, I believe that this is a “political” article aimed at suppressing dissent, since its content does not correspond to Art. 29 of the Constitution of the Russian Federation verbatim:
1. Everyone is guaranteed freedom of thought and speech.
2. Propaganda or agitation that incite social, racial, national or religious hatred and enmity are not permitted. Promotion of social, racial, national, religious or linguistic superiority is prohibited.
3. No one can be forced to express or renounce their opinions and beliefs.
4. Everyone has the right to freely seek, receive, transmit, produce and disseminate information by any legal means. The list of information constituting a state secret is determined by federal law.
5. Freedom of the media is guaranteed. Censorship is prohibited.

3) ARTICLE 282 IS CALLED THE “RUSSIAN” ARTICLE. DO YOU SHARE THIS ASSESSMENT OF THE ENFORCEMENT OF THIS CRIMINAL PROVISION?

Dmitry Agranovsky: For me, the selectivity of our law enforcement practice and the double standards in it are completely obvious. Including under Article 282. There is no state “at all.” The state is a machine for serving the interests of the ruling class, therefore, first of all, opponents of this class are subject to repression, namely left-wing activists and Russian nationalists, as the most organized opposition parts of society. The leadership of ethnic groups, I note, as a rule, is fully integrated into ruling class and has common interests with him.
Alexander Vasiliev: Until recently, Article 282 of the Criminal Code of the Russian Federation was indeed applied exclusively to right-wing activists. However, recently the wild-tongued nationalists have begun to run out. As a result, it is becoming increasingly difficult for the numerous drones specializing in the “fight against extremism” (this includes the “E” center and the FSB Directorate for the Protection of the Constitutional System, etc.) to fight for their share of budget funding. As a result, precedents for initiating cases under 282 in relation to the so-called are beginning to appear. anti-fascists and even representatives of national minorities (and, as a rule, Caucasians are not included in this group of “unlucky ones”) and other assorted oppositionists. And recently, rabid liberals began to feel firsthand all the delights of 282 of the Criminal Code of the Russian Federation. However, this category of citizens, due to their natural mentality, still have not understood the threat hanging over them...

Matvey Tseng: In general, the entire complex of so-called “anti-extremist” legislation, namely: the law “On Combating Extremist Activities” and Articles 280, 282, 282.1, 282.2, 205.2 of the Criminal Code of the Russian Federation are directed primarily against Russian nationalists. This is evidenced by the subtleties of the wording and law enforcement practice under these articles. This is caused, in my opinion, by the fact that Russian nationalists are integral part Russian political community, and Islamic militants are external factor. “Anti-extremist” legislation is effective precisely in the fight against “our own”; it is absolutely unsuitable for countering “outsiders”, as demonstrated, for example, by the situation in Dagestan, where the terror of Islamic militants is countered with de facto punitive raids. In such a situation, an investigator of the Investigative Committee with a criminal case under Article 282 against a person with a machine gun looks simply ridiculous. And there is only one way to overcome these double standards - by repealing Article 282 of the Criminal Code and abolishing the law “On Combating Extremist Activities.”
Andrey Fedorkov: If we analyze the statistics available from media publications on sentences passed by Russian courts, it will be legitimate to assert that most often it is Russian nationalists who are prosecuted under criminal charges for crimes of the so-called “extremist nature.” This is also evidenced by my legal practice. As for representatives of “privileged” groups, one of the main reasons, in my opinion, is the presence in the hands of their patrons of powerful lobbying tools to influence the actions of law enforcement agencies, legislative and executive power, as well as official electronic and print media. It is no secret that there is strong ethnic solidarity, which is valued above the letter of the law, which makes it possible to reduce any crime of this kind to at least the level of domestic conflict. Moreover, in a number of cases, thanks to the prevailing bad practice mutual responsibility, corruption, fraternities and nepotism, criminals often manage to place responsibility for what happened on the victim himself (“Rafik, he was completely innocent!”). To overcome such double standards, it is necessary, first of all, the political will of the authorities, the independence of law enforcement and judicial bodies from any outside influence, the real implementation of the principle that they like to talk about a lot, but for the implementation of which almost nothing is done - equality of all before the law. For the practical implementation of these measures, a radical transformation of the Russian state system is necessary, and until this happens, almost the only relatively in an effective way To counteract double standards, it remains to give maximum publicity, initiating a wide public response to any attempts by “privileged” groups to evade the responsibility provided for by law for unlawful acts committed.
Oksana Mikhalkina: I believe that the bias and tendentiousness of law enforcement under Article 282 and similar articles directly depends on the political situation. Today it is beneficial for the authorities to attract Russian nationalists under this article, then perhaps they will take on liberals, anarchists, communists and others. How to overcome such a biased approach? It is necessary to summarize judicial practice in such cases, and lawyers and jurists working in such processes need to cooperate and develop a common defense strategy. Sentences under Article 282 and court decisions declaring materials extremist are always based on the results of linguistic examinations. How to deal with custom “experts” whose conclusions are predetermined, even before reading the material under study? Lawyers do not have special linguistic knowledge. There are no methods for determining whether a particular work contains signs of extremism or incitement to national hatred and enmity. There are obsolete Guidelines The Prosecutor General's Office, to which all such “tame experts” refer, sometimes misinterpreting them. The results of alternative linguistic examinations, as a rule, are not taken into account by the court. In general, there is something to think about for both lawyers and human rights activists...

4) WHAT EXAMPLES OF RIDICULOUS OR PRAISE APPLICATION OF ARTICLE 282 AND ITS TWINS CAN YOU NOTE FROM YOUR LAWYER PRACTICE?

Dmitry Agranovsky: From my practice, I would highlight ALL cases of application of article from the “family” of 282, in particular all cases of application of Article 282.2 (participation in the activities of a prohibited organization) against persons whom the state considers members of the prohibited National Bolshevik Party.
Alexander Vasiliev: I want to emphasize that Article 282 of the Criminal Code of the Russian Federation is a legal evil in
pure, concentrated form. Recognize any cases of her
applications are justified and correct - this is actually recognizing the right of the current ruling regime to legal arbitrariness and political repression.
Matvey Tseng: From the current one - the case against Konstantin Krylov, accused of the fact that he, I quote from the Resolution on bringing him as an accused: “... expressed negative information through linguistic means about the actions of representatives of certain races, nations, nationalities (“Caucasians”) in relation to another group of persons ( “Russians”), which may indicate incitement to hatred or enmity and/or humiliation of human dignity.” We are talking about his speech at the rally “Stop feeding the Caucasus!” October 22, 2011. The political nature of this case is obvious, especially against the background of the extreme irritation of Putin and Medvedev with this rally, which they demonstrated publicly. From the recent past - the case against Nina Zenkova, the owner of a small bookstore on Lenin Street in Tula - she was accused under Article 282 for the fact that, at the request of operatives disguised as bookstore customers, she told them about some rare book and spoke approvingly of its content. And this book, on a completely different matter, was recognized as extremist only six months after this incident.

Andrey Fedorkov: Examples of absurd, shockingly outrageous absurdity, and even more so, biased and biased application of Art. 282 of the Criminal Code of the Russian Federation has accumulated enough during its existence. I will give two most typical examples from my practice.
1) At the end of 2010, the prosecutor’s office of the Leninsky district of Kirov charged the famous educator, former Soviet political prisoner, and subsequently a prominent ideologist of Slavic paganism Dobroslav (Alexey Dobrovolsky) under Part 1 of Article 282 of the Criminal Code of the Russian Federation for statements at a lecture on the topic held in Kirov “The healing powers of Mother Nature”, in particular, he was accused of inciting hostility towards the social group “civil servants”. In addition, signs of extremism were established in the use of a reproduction of the painting by the famous Russian artist V. Vasnetsov, “Prince Oleg and the Magus,” reproduced on Dobroslav’s book “The Magi.” According to the conclusions of Kirov “experts” E.V. Araslanova and A.I. Bezrodnykh, which the court used as the basis for the indictment: “the reproduction of the painting by the Russian artist V. Vasnetsov “Prince Oleg and the Magus” represents a “non-verbal manipulative influence” and reflects the desire to “command, power over other people and focus on struggle”, “statements in the brochure “Magi” - “deceitful, rotten, corrupt market regime” refer to the state system Russian Federation“, that “assessing the government as a “Judeo-capitalist regime,” the author clearly asserts that the government consists of Jews who live in luxury at the expense of labor ordinary people, deceiving them and robbing them." This is only a small part of the nonsense that was contained in the conclusions of the above-mentioned “experts”, which the Leninsky District Court of Kirov unconditionally recognized as reliable and admissible evidence of A.A. Dobrovolsky’s guilt in committing the crime provided for in Article 282 of the Criminal Code of the Russian Federation.
2) The ongoing story of the criminal prosecution of a famous person in St. Petersburg public figure Yuri Belyaev also under Part 1 of Article 282 of the Criminal Code of the Russian Federation, whose detention on December 9, 2011 in Moscow, by all indications, resembled a real military operation. To understand the obvious, to put it mildly, strangeness of the charge brought against Belyaev, I will quote from the decision to bring him as an accused: “Belyaev Yu.A. having the intent to commit actions aimed at inciting hatred and enmity... using the media, with the aim of implementing a criminal intent, no later than July 26, 2007 (!), while in a car that belongs to him, moving in the territory of the Kirovsky district of St. Petersburg, by giving an interview to a journalist of the said newspaper..., knowing in advance about the subsequent publication of this article in the media, in which he deliberately expressed negative attitudes against entire groups of people based on race, nationality, origin, attitude to religion - people from Asia, Africa, the Caucasus... " At the same time, at the time of the decision to bring him as an accused, the statute of limitations for criminal prosecution had already expired, and the very fact of the existence of of this interview, and even more so, it is not clear how the investigative authorities established the location of the abstract car moving in 2007, accurate to a specific area of the city. It seems even more strange how miraculously the investigative authorities established Belyaev’s train of thought, who supposedly “knew in advance about the publication of this article”?! They probably resorted to the help of psychics with crystal balls. The defense now has good reason to believe that journalists then, in pursuit of another high-profile “yellow story,” published a horror interview written by someone unknown about scary and terrible “Russian fascists” with extremist appeals, and then with the aim of making the material scandalous and in order to avoid the intended the law punishes for posting this publication, they decided to “sign up” Belyaev, that is, simply shift all their responsibility onto the famous St. Petersburg nationalist. If, in general, the initially discussed material was not suddenly a simple custom-made “setup” aimed specifically at a specific oppositionist...
Oksana Mikhalkina: On this moment processes of this kind in my practice have not yet been completed, therefore, in the interests of clients, I am not yet ready to discuss the details of these cases.

5) WHAT IS THE PROCEDURE FOR CANCELLATION OF ARTICLE 282 OF THE CRIMINAL CODE OF THE RF AND AMNESTY FOR THOSE CONVICTED UNDER IT?

Dmitry Agranovsky: In my memory, NEVER a single article from the 282 family has been included in any amnesty, although it is not serious. My proposals at the initial stage are, at a minimum, the complete abolition of such punishment as imprisonment under Article 282. The second compromise step would be to transfer this article from the Criminal Code to the Code of Administrative Offences. My approach is this - in any case, you cannot give real deadlines for WORDS until a person has moved on to specific actions.
Alexander Vasiliev: In the case of Article 282, I am in favor of the most drastic measures. Section 282 must be erased from the Russian criminal code once and for all. As a result, the decriminalization of this “act” will automatically entail the cessation of criminal prosecution under this article in relation to persons both brought to criminal liability under it and those already convicted (including those who have served their sentences) since the principle of retroactive force of the criminal law will work. In turn, these categories of citizens will have a legal right to rehabilitation and compensation for damage caused by illegal criminal prosecution. Ideally, it is necessary to raise the question of bringing to criminal liability those who introduced this article into the Criminal Code of the Russian Federation (from those who are still alive) and law enforcement and judicial officers who actively used it.
Matvey Tseng: It is necessary to carry out a completely standard procedure that has been worked out for years. For example, from January 1 of this year, Articles 129 (“Slander”) and 130 (“Insult”) were excluded from the Criminal Code of the Russian Federation. The corresponding criminal cases were terminated, and those already convicted were released from criminal punishment.
Andrey Fedorkov: Article 282 of the Criminal Code can be repealed and those already convicted under it can be amnestied only by introducing a corresponding bill to the State Duma of the Russian Federation and its subsequent approval by both chambers of the Federal Assembly, and then signing by the President of the Russian Federation. However, I have great doubts that the current government will take such a measure and abandon such a convenient tool for the criminal prosecution of its political opponents. In my opinion, the question generally needs to be posed more broadly: if not abolition, then everything so-called should be subjected to a radical revision. “anti-extremist legislation”, which includes the corresponding the federal law, and a package of articles of the Criminal Code of the Russian Federation: 280, 282, 282.1, 282.2, 205.2. Moreover, a radical reform of the structural units of law enforcement agencies involved in the investigation of the above-mentioned “crimes” is also necessary. In recent years, a whole network of special services has developed in Russia, engaged in real political investigation, prosecution and provocation against activists of opposition parties, movements, and civil protest groups. These are, first of all, created by decree soon former President Medvedev in all subjects of the Russian Federation Centers for Countering Extremism (CPE). The employees of this center are engaged in outright political investigation, the methods of work they practice are often similar to the activities of the notorious security department of the police of Tsarist Russia, as well as the GPU-NKVD. Everyone knows the stories of the murder of National Bolshevik Yuri Chervochkin, materials regularly appear in the press about torture being practiced by employees of the Nizhny Novgorod Center for External Action, headed by the odious Lieutenant Colonel Trifonov, and many other scandalous stories of the use of illegal methods of conducting operational-search activities. There are similar political investigation services within the FSB, which are engaged in recruiting and infiltrating agents into opposition organizations, collecting information, and exerting forceful pressure on active opponents of the current government. Thus, the abolition of Article 282 alone while maintaining the existing political regime in the country will not give anything; what is needed is not cosmetic Botox reforms, but the full restoration of all civil rights and freedoms, the creation of an independent judiciary and the implementation of other well-known democratic measures.

Oksana Mikhalkina: It is impossible to cancel this article, as politicians are calling for today. It can and should be recognized as not complying with the Constitution of the Russian Federation. Precisely for the reason that its wording differs from Article 29 of the Constitution of the Russian Federation. As a justification, one can refer to the interpretation of the First Amendment to the US Constitution (on freedom of speech). Regarding amnesty, this issue is within the competence of the State Duma. Previously, amnesties were often given to persons brought to criminal responsibility for the first time, women, persons convicted of committing minor and moderate crimes, but the 282nd has never been subject to amnesty, which seems to hint...

The survey was conducted by the Russian Verdict human rights center.

On December 7, Moscow lawyer Matvey Tseng, collaborating with Russian Social Movement, achieved a complete acquittal of his client Philip Razinsky in the Dragomilovsky District Court.

A young man, an activist of the “anti-pedophile” project “Occupy Gerontophilia”, was accused of robbery, which he allegedly committed in the spring of 2013. Philip was charged with taking a gas canister from a young man who was on his way to meet an adult client, and ended up meeting teenagers identifying peers involved in homosexual prostitution.

We talked with Matvey both about the case and about the projects “Occupy-gerontophilia” and “Occupy-pedophilia”. We also touched on a topic that has been worrying society lately: how to evaluate such direct action projects, should they be considered arbitrariness, lawlessness, crime, or beneficial civic activity?

-On what basis did the court acquit Philip?

The court decided that there was no selfish intent in his actions. Philip took the can, but not for selfish purposes, as required by the wording of the article, but so that the owner of the can, a victim of Occupy Gerontophilia, would not use it against the project participants. This case is similar to the case of animal rights activist Pavlenko, who stole a dog from a blind singer. At first she was accused of theft, and even the court of first instance agreed with the opinion of the investigation. But the Moscow City Court overturned the conviction, indicating that selfish intent had not been proven. That is, Pavlenko took the dog not with the selfish intention of taking possession of the animal, but based on her conviction that she was thereby doing good to the dog and protecting it from cruelty. Our Criminal Code is structured in such a way that a mandatory part of the crime is intent, and intent, if we are talking about crimes such as robbery or theft, must be aimed specifically at theft, selfish acquisition of property.

As for Philip, the event itself took place on March 31, 2013, more than 3.5 years ago, when he was a 15-year-old teenager (he is now 18 years old). The case was opened in the summer of 2013. Philip was accused under the 2nd part of Article 161 “robbery” - the investigation claimed that he used violence that was not dangerous to life and health. Violence was seen in the fact that my client, moving the victim’s hand away, put his hand in his pocket and took out this canister. At the same time, he allegedly acted in collusion with other persons, that supposedly other participants in the “Occupy Gerontophilia” project actually gathered to cover up Philip for the theft of this spray can. This is an absurd accusation, but it happened nonetheless. However, although all the faces were clearly visible in the video, and the case was handled by the main central office of the Investigative Committee, for three years the investigators were unable to establish who these teenagers were in the video.

Well, since Philip was acquitted, since there is no corpus delicti, then, naturally, there is no group.

When Martsinkevich began making his project “Occupy Pedophile,” the project was initially positively received by society. Then pressure began from certain layers related to the topic of pedophilia. As a result, the unsuccessful “Occupy Gerontophilia” also came under attack, where some teenagers caught other teenagers, those who had sex for money, and tried to shame them. When we're talking about about adults (for example, Kaminov, who was caught by Martsinkevich), then these adults, firstly, actually committed a criminal offense, and secondly, they were still adults and understood what they were doing. That is, this project had a positive effect.

And the teenagers caught by Occupy Gerontophilia did not really understand what they were doing, so it was all unnecessarily cruel and senseless (and now my client has reconsidered his views). But in any case, cruelty and senselessness do not constitute a crime. Of course, it was not necessary to initiate a criminal case and investigate it for three years, but it was necessary to simply talk to them and explain in human terms what they were doing wrong.

Apparently this was a street situation where some teenagers “run into” other teenagers they don’t like?

No, not at all. They were teenagers in age, but organizational plan they had everything in an adult way. Activists actually identified children who were, in fact, engaged in homosexual prostitution with adults. I would like to draw your attention to another point. When this project was in effect, in the Russian Federation the use of sexual services by minors who had reached the age of consent, that is, 16 years, was not punished. A 16-year-old girl or boy could sell their sexual services for money; only the teenagers themselves were punished under an administrative article for engaging in prostitution. And the “Occupy Gerontophilia” project drew attention to this gap in the legislation. On December 28, 2013, Article 240.1 was introduced into the Criminal Code - receiving sexual services from a minor. The project began operating at the beginning of 2013.

-So this project had an influence on the appearance of the article?

I studied this issue and found out that the bill appeared quite a long time ago, long before the creation of Occupy Gerontophilia. But we must understand that there are dozens, if not hundreds of useful bills lying in the State Duma, they gather dust for years, nothing happens to them, and then at some point they are fired. They fire when they acquire social significance. The appearance of the article was definitely influenced by the events of 2013 and influenced the fact that this bill was brought into law.

We need to understand that we do not judge people for good or bad deeds, and not all immoral behavior is a crime. And sometimes the opposite case occurs when moral behavior is criminal. Naturally, the law strives to coincide with morality, but there is always a gap, and in this case it is obvious. It was a stupid project, but it wasn't criminal. Its participants did not beat anyone, did not rob anyone, they surrounded the teenager and took a so-called “interview” with him, filmed a video about him. They forced him to talk about the circumstances of his coming to the meeting, without slandering himself. The teenager had to confirm what he wrote in the correspondence ( note: activists lured child prostitutes to a meeting, posing on social networks as adults willing to pay for sex services). After all, he was going to a meeting with an adult man in order to have sex for material reward.

You can treat these projects as badly as you like, but we must not forget what they did. People came to Martsinkevich who wanted to sleep with a little boy for money, and little boys came to Philip who wanted to sleep with a man and get money for it. This must be taken into account when assessing their activities, and not assign Tesak as bad and pedophiles as good. And at the same time, Martsinkevich showed that the police acted completely inadequately to the situation. In the department for combating pedophiles, they are proud when they handle one or two criminal cases in a year. And Martsinkevich identified several such people within a week. That is, there is simply an unplowed field here. All this is extremely unhealthy and will sooner or later make itself felt.

-Now many are dissatisfied with the arbitrariness of civil activists and not only activists. They are outraged, for example, by raids on exhibitions and visits by the Revizorro program team to “hipster” cafes...

On the one hand, yes, people don’t like arbitrariness. On the other hand, everyone agrees that the passivity of citizens is a problem. For our state, the image of an ideal citizen is a person who complains. Is there something you don't like? Write complaints. Which civil projects ended up being the most popular? This is, for example, “Civil Patrol” by Rostislav Antonov. This is a project that involves systematically writing complaints. Such activities are interesting to people of a certain psychological make-up. “Civil Patrol” makes the interface as user-friendly as possible; on their website you can complain - where to write, how to write, they take care of it. But what do we say to a healthy, athletic 18 year old? young man, who discovers little boys having sex with older men for iPhones? “Write a complaint?” In this case, it won't work that way.

In fact, I see that our state has a suspicious and negative attitude towards any activity that is not authorized by it. And it doesn’t matter whether this activity is positive or negative. If you look, all such projects were covered up in one way or another. Even the independent “Stop-boor”, which almost had Putin’s blessing, also gradually died out. All that remains is the completely idiotic “Lion Vs,” a degeneration of this whole idea, whose participants are chasing smokers. Relatively speaking, pedophiles pass by, and “Lev Vs” is interested in whether they smoke or do not smoke in the wrong place.

As a person, I have a positive attitude towards such projects; in general, it was all correct. The correct reaction would be to incorporate, institutionalize caring citizens who themselves directly wanted to make life better. It would be possible to create community-police projects, where activists would act in contact with the police. But I know what happens to activists who work like this, these initiatives fizzle out. The police are returning to the usual pace of work, to the usual focus not on results, but on statistics. As a result, activists are not interested in working; they do not understand why they need all this if they, in fact, are doing police work for free. There is no effect from such work, because the police do not suggest “let’s catch dozens of pedophiles like Tesak.” No, the police won't do that, and they don't do that. Or there were anti-drug projects. After all, we also shouldn’t forget that when they fought against spice, it wasn’t even considered a drug. Is the 2013 spice any different from the 2015 spice? Yes, he is no different, except for his legal status.

I repeat, I understand people who are against arbitrariness. Well, when people arbitrarily fight smoking in the wrong place, it’s funny. And when people arbitrarily fight serious and especially serious criminal offenses, the benefit they bring outweighs other considerations.

We continue to raise funds for the XVII humanitarian mission. This time, RPM volunteers will bring children's gifts to the front-line villages of the LPR. We also have a number of individual applications from large families from Stakhanov and on drawing sets for the board.

Our details: