Die Diskreditierung der russischen Streitkräfte nach Art. 20.3.3 des Verwaltungsstrafgesetzbuches unter Einbeziehung der Entscheidungen der Gerichte in der Russischen Föderation

Abstract

Immediately after the Russian army's invasion of Ukraine in February 2022, Russia created new administrative and criminal offences, which placed discussions about Russia's violent actions against neighbouring Ukraine under draconian sanctions. Individual formulations can be traced back to Soviet legislation directed against statements directed against official policy. In the following, the offence of Article 20.3.3 of the Code of the Russian Federation on Administrative Offences is presented and analysed in the light of the practice known to date. It is shown that the offence, which has been broadly interpreted by the courts, has been even more expanded with effect from March 2023. A technique already “tried and tested” in the past years is applied, according to which the repeated conviction for an administrative offence leads to criminal punishment. Case law has already shown a wide variety of cases; decisions restricting the elements of the offence in the light of fundamental rights have not been able to prevail in the courts of appeal and cassation. The Constitutional Court considers the offence to be constitutional even in its extensive application by the courts.