Press Release, 16.02.2023

Photo: The Pskov Regional Assembly of Deputies / Photo by sobranie.pskov.ru

The Pskov Region Governor Mikhail Vedernikov informs, in his conclusion to the Yabloko bill on criminal liability for propaganda of nuclear war which was submitted to the Pskov Regional Assembly of Deputies, that “a call to commit legal actions cannot be a crime,” therefore, the Yabloko initiative cannot be supported.

The conclusion of the Governor of the Pskov Region on the Yabloko’s bill runs as follows:

“Nuclear deterrence is aimed at ensuring that a potential adversary understands the inevitability of retaliation in the event of aggression against the Russian Federation and (or) its allies (Paragraph 9 of the Fundamentals of the State Policy of the Russian Federation in the Field of Nuclear Deterrence).

Paragraphs 17 and 19 of the Fundamentals establish the right of the Russian Federation to use nuclear weapons and define the conditions for its use in response to the use of nuclear weapons and other types of weapons of mass destruction against the Russian Federation and (or) its allies, as well as in the event of aggression against the Russian Federation with the use of conventional weapons when the very existence of the state is threatened.

In accordance with Clause 18 of the Fundamentals, the decision to use nuclear weapons is made by the President of the Russian Federation.

Thus, the use of nuclear weapons upon the occurrence of the above conditions is recognised as a lawful action, and the call to commit lawful actions cannot be a crime.

Yabloko MP of the Pskov Regional Assembly, Artur Gaiduk, submitted a draft federal law on criminal liability for public calls for the use of nuclear weapons and propaganda for their use to the regional parliament on 18 January.

The draft proposes to supplement the Criminal Code of the Russian Federation with Article 354.2, which is actually a logical continuation of the current Article 354, which prohibits public calls to unleash an aggressive war, but is important for adoption, taking into account the special status of nuclear weapons and the catastrophic consequences of their possible use.

According to the Yabloko bill, proposed Article 354.2 provides for punishment for citizens, mass media and persons holding public office. For citizens the bill proposes a fine from 100,000 to 300,000 roubles, correctional labour or imprisonment for up to three years. For mass media and civil servants the bill envisages imprisonment for up to five years or a fine of up to 1 million rubles.

Regional parliamentarians will consider the legislative initiative at their session on 21 February.

Earlier, members of the Yabloko factions in the legislative assemblies of St. Petersburg and Karelia submitted similar bills for consideration of their parliaments. At the plenary session on January 25, the parliamentary majority of the Legislative Assembly of St. Petersburg excluded the draft federal initiative of the Yabloko faction from the agenda. On January 26, deputies in the Legislative Assembly of Karelia blocked the initiative of the Yabloko faction.

The Federal Political Committee of the Yabloko party made a statement on the need to stop state propaganda of hatred and aggression in Russia, and introduce a legislative ban on nuclear war propaganda.