Deputies proposed to punish the Russians for up to one year of imprisonment for “willful failure” to deny or remove from Network “illegal information” that is data recognized by the court discrediting the honor and dignity, extremist or harmful to children.
To deprive of freedom offered to those who face it has twice in a year were fined for refusal to execute the relevant decisions of the court.
According to the bill, prepared by deputies Alexander Gribov, Sergei Boyarsky and Dmitry Vyatkin, if the person in the allotted time bailiffs will not remove the “illegal” publication, it will be fined in the amount from five to 20 thousand rubles. In case of repeated breach it will be fined up to 25 thousand rubles or administrative arrest for up to ten days. For those who do not remove information after it, the deputies want to introduce criminal liability — a fine of up to 50 thousand rubles or imprisonment up to one year. The legal entity proposed to fine for the sum from 50 to 200 thousand rubles.
Now for non-execution of court decisions citizens face fines of up to 2.5 thousand rubles, and legal entities — from 30 to 70 thousand rubles. The authors of the amendments in the criminal code and the administrative code believe such sanctions are insufficient to violators “of defamatory or false information”. In the state Duma Committee on state construction and legislation, such amendments intend to support, according to “Izvestia”.
Experts call a parliamentary initiative is controversial, because it is necessary to deal with the failure of judicial decisions as a whole, not individual areas. Moreover, to transfer such offences to the criminal plane inappropriate. Instead of a new criminal structure to provide mechanisms and tools that will ensure the proper and prompt execution of the judicial act.
To partially solve this problem by means of a law passed in April 2018. If a person voluntarily removes the data discrediting business reputation, the bailiff may make an order to restrict access to this information through an appeal to Roskomnadzor. This mechanism can be applied to any data that the dissemination of which is prohibited by the court.
In addition, from January 1, 2016 came into force the law on the right to be forgotten, according to which now any citizen can go to a search engine operating on the territory of the Russian Federation with a request to remove is not satisfied with his links to information about him. Search engine, having considered the application, may decide either to remove these links, or refusal. In this case, the citizen can address in court with the requirement about termination of the issuance of links to relevant information, making claim of the official refusal of the search engine.