On the Inadmissibility of Violating Legislation Aimed at Counteracting Extremism

On the eve of the election campaign, the Beshenkovichi Prosecutor's Office reiterates the inadmissibility of violating legislation aimed at counteracting extremism.

Thus, in accordance with the requirements of Articles 19, 22 of the Law of the Republic of Belarus "On Counteracting Extremism", the dissemination, public display of extremist materials, their production, publication, storage, and transportation for the purpose of dissemination are prohibited. Citizens are held accountable for extremist activities in accordance with legislative acts.

Article 19.11 of the Code of Administrative Offenses of the Republic of Belarus establishes liability for disseminating information products containing calls for extremist activity or promoting such activity, as well as for the production, storage, or transportation of such information products for the purpose of dissemination.

In addition, administrative liability is provided for the dissemination of information products included in the republican list of extremist materials, as well as for the production, publication, storage, or transportation of such information products for the purpose of dissemination, which entails the imposition of a penalty.

Criminal liability is also provided for extremist activities.

According to Part 1 of Article 3614 of the Criminal Code of the Republic of Belarus, recruitment, other involvement of a person in extremist activity, training, as well as other assistance to extremist activity – are punishable by restriction of liberty for up to four years or imprisonment for two to six years with or without a fine.

In the event of dissemination, public display of extremist materials, their production, publication, storage, and transportation for the purpose of dissemination, criminal liability is provided depending on the nature of these materials.

Thus, Article 361 of the Criminal Code of the Republic of Belarus establishes liability for public calls for the seizure of state power, or violent change of the constitutional order of the Republic of Belarus, or treason, or committing an act of terrorism or sabotage, or carrying out actions aimed at violating the territorial integrity of the Republic of Belarus, or committing other actions aimed at harming the national security of the Republic of Belarus, including the application of restrictive measures (sanctions) against the Republic of Belarus, individuals and legal entities of the Republic of Belarus, or disseminating materials containing such calls, in the absence of signs of a more serious crime, a penalty is provided in the form of restriction of liberty for up to five years or imprisonment for up to six years with or without a fine.

Appeals addressed to a foreign state, a foreign or international organization, to commit acts aimed at harming the national security of the Republic of Belarus, including the application of restrictive measures (sanctions) against the Republic of Belarus, individuals and legal entities of the Republic of Belarus, or the dissemination of materials containing such appeals, in the absence of signs of a more serious crime, are punishable by imprisonment for a term of three to ten years with or without a fine.

For the same actions committed using mass media or the global computer network Internet, liability is provided in the form of imprisonment for a term of four to twelve years with or without a fine.

At the same time, according to Part 2 of Article 50 of the Criminal Code of the Republic of Belarus, for the above-mentioned crimes, the amount of the fine is set within five hundred to fifty thousand basic units.

In accordance with Part 1 of Article 130 of the Criminal Code of the Republic of Belarus, liability is provided for intentional actions aimed at inciting racial, national, religious or other social hatred or discord based on racial, national, religious, linguistic or other social affiliation – punishable by a fine, or arrest, or restriction of liberty for up to five years, or imprisonment for the same term.

Part 1 of Article 368 of the Criminal Code of the Republic of Belarus provides for liability for public insult of the President of the Republic of Belarus (fine, or correctional labor for up to two years, or arrest, or restriction of liberty for up to four years, or imprisonment for the same term).

Article 369 of the Criminal Code of the Republic of Belarus establishes liability for insulting a government official or their relatives in connection with the performance of their official duties, committed in a public speech, or in a printed or publicly displayed work, or in the mass media, or in information posted on the global computer network Internet (fine, or arrest, or restriction of liberty for up to three years with a fine, or imprisonment for the same term with a fine).

Note: a list of extremist materials is posted on the website of the Ministry of Information of the Republic of Belarus (http://mininform.gov.by/).

Deputy Prosecutor of Beshenkovichi District

Junior Counselor of Justice V.V. Doylidov