Yevgeny Sidorenko, Deputy Minister of Justice of the Russian Federation, answers the questions of the parliamentary observer of the magazine

- Evgeny Nikolaevich, the legal aspects of the upcoming State Duma elections are of increasing public interest. How, from a legal point of view, will the current election campaign differ from the previous ones?

- Special attention to the legal aspects of preparing for the elections is caused by their significance for the future of Russia, the activity of political forces seeking to participate in them, as well as the incomplete formation of the legal framework for the election campaign.

Since the fate of the law on political parties is extremely problematic and it is unlikely that it will be approved in the coming years, the main legal problems related to the elections are solved by making changes to the current laws. Last year, amendments were made to the Law on Public Associations. For the first time, the independent concept of a political party or organization appeared in it. The Law" On Basic Guarantees of electoral Rights and the Right of Citizens of the Russian Federation to participate in a Referendum " specifies the requirements for political organizations and the conditions for their registration. The list of reasons why organizations can't get this status is included. In particular, a political party cannot be formed on professional or religious grounds; it must be a truly mass public organization. Moreover, the requirements for unprofessionalization apply both to the political association as a whole and to all organizations that are part of it. At first, there were attempts to circumvent this ban, to disguise participation in unions of trade unions and other structures that do not meet these requirements. But the Ministry of Justice took a principled position.

- What is the purpose of the changes in the laws?

- Their main purpose is to somewhat streamline the process of political struggle for elected posts, to remove from it forces that pursue other, non-political goals. If earlier, for example, the dog breeders ' club could also nominate candidates for deputies and participate in the election campaign, now such situations are excluded. These rights are granted only to organizations that have the status of political organizations, after their registration by the Central Election Commission as electoral associations.

- In other words, legislative innovations counteract attempts to get into power "from the back door" through organizations that have nothing to do with politics, for purposes that are alien to the interests of voters, for example, in order to hide their affairs from justice with parliamentary immunity? It is enough to recall the ex-deputy Mavrodi, who got to the State Duma on the wave of groundless hopes of people ruined by the MMM, to assess the scale and urgency of the problem...

- Today, if an organization wants to participate in big politics, promote its representatives to power, it must openly declare its political goals, fix them in the charter and comply with the requirements of Russian laws imposed on it. Thus, the activities of political forces become more "transparent", accessible and predictable for society. Voters get the opportunity to evaluate them more objectively and make their own choices consciously.

- According to the Ministry of Justice's list of potential participants in the election campaign, which we publish together with this conversation, there are 141. Almost half as many as during the previous Duma elections, when there were 273 of them. But even in the new list we find the words: automobile club, miners, lawyers. What causes this?

- The legal barrier played a certain role, but the authors of the bill, including State Duma deputies, expected, as they themselves admitted to me, that the effect would be greater. Attempts to streamline the process of organizations obtaining political status and rights have proved ineffective. Obviously, this is why the number of them is so large. The Ministry of Justice has registered 77 parties and 123 public associations as all-Russian political organizations. Of these, 39 parties and 76 associations were re-registered in accordance with the Law on Public Associations and, most importantly, in the light of the new version of the Law "On Basic Guarantees of Electoral Rights...". They have the right to apply for participation in the elections. These figures give an idea of the palette of participants in the election campaign. Naturally, a number of them will form pre-election associations.

- What are the specifics of applying the election legislation to voters in military uniforms?

- Recently, I had a chance to get acquainted with a draft law concerning the elimination of contradictions between the electoral legislation and "military" laws. The Federal Law "On the Status of Military Personnel" does not provide for the participation of military personnel in political organizations. They are strictly prohibited from engaging in political activities (and this includes the election campaign). For those elected deputies, the Federal Law" On Military Duty and Military Service " provides for the suspension of military service for the entire term of office with the termination of the contract. At the same time, the Constitution provides for equal rights of citizens to participate in the election campaign.

There is a contradiction here, but regardless of the fate of the mentioned bill, it is, in my opinion, easily resolved. A serviceman or a military unit as such may not hold political events, including pre-election events, or participate in their organization. However, according to article 7 of the same Status Law, all military personnel have the same right as other citizens to participate in such events in person.

A candidate for deputy has the right to conduct an election campaign and communicate with all his / her constituents, including those in army uniforms. But when it comes to military personnel, there are a number of very delicate problems related to the preservation of military secrets, compliance with regulations, military charters that regulate army life. However, this is no longer a legislative issue, but a purely practical one. Here it is necessary to be guided by the principle: the laws, orders and rules of army life should not be violated in any case.

A candidate for deputy, his / her proxies, representatives of electoral associations and political organizations do not have the right of access to military facilities and territories that are closed to outsiders. The law does not give them any grounds to require their commanders to provide time, meeting facilities, provide technical, organizational or any other assistance, for example, to assemble, send, or bring personnel to an election event. Moreover, the head of a military team of any rank is legally obliged to categorically refrain from such actions, as well as from recommendations and advice to subordinates on this issue. Such actions, in fact, are participation in the organization of events of political forces or in political agitation, which contradicts the status of a serviceman.

Unfortunately, many participants in the election campaign do not know too well the specifics of the legal status of military personnel or do not take it into account. Therefore, if necessary, the officer-leader should not hesitate to explain to the candidate for deputy, his representatives the requirements of the laws. And, of course, to ensure their implementation in the military team.

Of course, there is no reason to give military personnel who want to attend pre-election events extra time, and even more so to release them from service, other duties, and change their daily routine. The law is unambiguous - only in your free time. And commanders should not interfere with the exercise of the right of voters in military uniforms to participate in pre-election events.

In the run-up to the elections, it is very important to use educational methods to ensure that all military personnel, regardless of their rank or official position, understand the specifics of exercising their electoral rights prescribed by law.

Each of them, on an equal basis with all other citizens, is free to choose, sympathize with candidates for deputies, electoral associations, exercise the right to freedom of speech, expression of their opinions and beliefs, and access to receive and disseminate information. At the same time, it must strictly follow the restrictions prescribed by law. When participating in pre-election events, one has no right to disclose secrets, discuss and criticize the orders of the commander, carry out assignments of a candidate for deputy, political organizations, even such seemingly insignificant ones as distributing printed publications, campaigning for colleagues. Such actions are illegal.

- A draft law on combating political extremism is currently under consideration. It also affects the "rules of the game" of political forces on the electoral field, and it is not easy to change them during the struggle for parliamentary mandates. Probably, its legislative perspective is long-term? How will the problems outlined in the draft be reflected during the elections?

- On the one hand, as one of the developers of this draft law, I would certainly like to see a positive result of our work. On the other hand, I understand all the specifics of the present moment, due to the fact that all political forces, including those represented in the Duma, now really want to please the voters. Therefore, I do not overestimate the possibility of passing this law. You're probably right. It will have at least a difficult fate, a long consideration.

Nevertheless, I think that one way or another, regardless of the current position of the State Duma, the ideas, positions, and provisions that we put into this document will sooner or later be implemented. Especially if we take into account that the draft contains more than one legislative act. This is a basic law that frames a whole series of amendments, additions, and amendments to other legislative acts. In particular, the Criminal Code, the Civil Procedure Code, and the Law on Public Associations. We decided that we will also make changes to the Law on Mass Media because the ideological aspect is also very important.

There is a lot of work to be done. And it should be conducted not only in the legislative plane, but also in the course of everyday affairs, because the election campaign will be hot, and, unfortunately, it is already obvious that it is not always correct and not always legal. Therefore, it is necessary to carry out a large complex of propaganda and preventive measures. It is no coincidence that the President drew attention to this aspect and gave instructions not to limit themselves to the proposed bill, but to develop a federal program to combat political and religious extremism. It covers different areas of work - not only legislative, but also practical and ideological. The media, the public and, of course, law enforcement agencies will be involved, as such a complex phenomenon reflects problems not only legal, but also political.

These issues are actively addressed by the Presidential Commission on Countering Political Extremism. It has two organs in its structure. The actual commission, consisting of the heads of law enforcement agencies. Its coordinator is the Minister of Justice. The Commission develops recommendations for the President, the Government, and law enforcement agencies and coordinates the work of law enforcement agencies. Another important working body is the expert council, which includes representatives of a number of state structures, public associations, political parties, and scientific intelligentsia. The Council is headed by a well-known lawyer Oleg Kutafin, Rector of the Moscow Law Academy. This body considers purely practical issues, which are then often submitted to the commission.

- What would you say to journalists who see the draft law as a danger of persecution for political reasons?

- First of all, I would say that I don't see such people among the normal, solid mass media. The Ministry of Justice hosted a large meeting of the Head of the Presidential Administration, Secretary of the Security Council Nikolay Bordyuzha and Minister of Justice Pavel Krasheninnikov with the heads of leading media outlets. And despite the differences in views, everyone unanimously recognized the importance of a legislative and practical solution to the problem of extremism. But in my opinion, "screams" are heard from unscrupulous newspapers, radio stations and TV studios at the local level. The meeting gave examples of the unsightly role of regional media, which sometimes overstep the law themselves. If an organization makes extreme statements, then the reaction to attempts to stop them can be violent.

The Ministry of Justice has long practiced meetings with representatives of public associations. They give a good result. Last year, there were no serious excesses, even during periods when, according to past experience, they could have been expected.

- Unfortunately, the security forces, and the army is no exception, are the object of special attention of radical and extremist forces. They sought to recruit supporters from their ranks. Such attempts are also possible during the election campaign. What legal key should a serviceman have for such situations?

- There is only one key: any attempt to politicize a serviceman or a military formation is unacceptable and unconstitutional.

On this basis, we had quite serious communication with the leaders of several political organizations, who came to us to register and re-register their charters. They were forced to understand a simple truth: it is unacceptable when membership is determined, for example, by belonging to the army or a public organization aims at political influence on the Armed Forces.

A serviceman must remember that he cannot be a member of any political parties or participate in their work. And parties do not have the right to involve people in military uniforms in their ranks. These requirements should also guide commanders, and ensure that pre-election work with military personnel is conducted strictly within the law, and that attempts to politicize them or allow parties to infiltrate the barracks are excluded. There are a number of legal subtleties that are important to pay attention to during the pre-election period.

First, who is hosting the event?

An officially registered candidate for deputy or an electoral association registered by the Central Election Commission? Then the participation of these forces in the election campaign, their appeals to voters, including the military, are legitimate.

What if a party is an organization that officially exists but is not registered by the CEC to participate in elections? Then this event, no matter what its organizers say, is purely partisan, and they are trying to involve military personnel not in an election campaign, but in a party action. From the point of view of the law, it is absolutely unimportant what orientation of the party and under the banner of what color they are trying to attract military personnel. They are forbidden any politicization. Voting rights have absolutely nothing to do with it.

Finally, if an organization that is registered as a non-political organization or has no official registration conducts political activities, it is absolutely clear that such activities are outside the scope of the law.

Second, is the event itself legal?

A number of public events, such as marches, rallies, demonstrations, and public holidays, are required by law to receive official permits from the authorities in advance. If they don't exist, it means that participating in them is illegal.

Third, what is the nature of the event?

When there is a discussion of candidates for deputies, their programs, this is normal. If, under the guise of pre-election campaigning, there are calls for illegal actions - disobedience, various kinds of demonstrations of their disagreement, other illegal actions, if the military is called upon to violate the requirements of the charters, insubordination, try to draw them into the discussion of orders, issues that constitute military secrets, or call them to join the party, participate in its work, then everyone will be able to a serviceman not only has the right, but is simply obliged to leave such an event. And after that, the commanders can and should explain to their subordinates on what pernicious path they could have been pushed.

- What legal measures in conflict situations can officers-leaders protect military personnel from such influence or moderate the ardor of a participant in the election campaign who steps over the boundaries established by law?

- First of all, inform law enforcement agencies and military prosecutors, who fully monitor the observance of laws in the army, including those related to elections and the activities of public forces. Similarly, commanders have the right to inform the judicial authorities that control the activities of public organizations. If they abuse their rights, violate the law, demands to depoliticize the army, we will take legal measures.

- Can the military turn to your colleagues for advice in difficult, dubious cases?

"Please!" To the Department of Justice, which is located in every subject of the Federation - region, province, republic. When it comes to a local organization, the issue will be resolved on the spot. If it is all-Russian, then the Ministry of Justice will be notified. We'll figure it out.

- The elections in St. Petersburg (and observers noted that this has happened in some other regions) showed that we, ordinary voters, are not immune from "dirty" methods of electoral struggle, dubious political technologies, and attempts to manipulate public opinion. Moreover, it is unacceptable that military collectives become the objects of political "shock therapy". In your opinion, do the laws sufficiently protect us from such methods of influence?

- When we address a particular issue of security, we are faced not with the shortcomings of laws, but with the insufficiently effective work of specific officials. Of course, we can talk about the shortcomings of the legislation. But the law is just a piece of paper. And the essence of the question: how people implement it. And here we are dealing with shortcomings in the work of law enforcement agencies-the Prosecutor's office, the Ministry of Internal Affairs, and Justice. Probably, first of all, you need to evaluate your work, and not try to cover up your own sloppiness and sluggishness with a piece of paper. We are sometimes, I would say, excessively lawyers and not enough politicians.

Sometimes we approach purely formally: is there a crime or not? But where it does not exist, there may be a violation of the law on elections, on public organizations. Each event should be comprehensively analyzed. And if it corrupts society, promotes the penetration of corrupt elements into the government, you need to think about what legal mechanism to apply. We have a lot of laws, but we take only one Criminal Code. Or maybe, figuratively speaking, not a club is needed, but a small device, but more effective.

- A statement by the competent authorities of impurity in the election campaign, which does not even entail legal liability of a candidate for deputy, association, can warn voters against mistakes, protect society from the penetration of unworthy people into power. In this regard, it is appropriate to recall the initiative of the Ministry of Internal Affairs and the Ministry of Justice - amendments to the Laws "On basic guarantees of electoral rights..." and "On elections of deputies of the State Duma", presented to the Government by the Minister of Justice Pavel Krasheninnikov. It was about the fight against the penetration of crime into the government, the openness of deputies, providing voters with information about criminal records, income, and health status. On the one hand, a number of Duma members, starting with the chairman of the chamber Gennady Seleznev, expressed support for the amendments. On the other hand, they saw the possibility of persecution. What is their fate?

- Most of these proposals have not become law. Only a small fraction of what was mentioned earlier was implemented. I am a supporter of openness, "transparency" of information about deputies, the election campaign, and the election process. But it is impossible to anticipate the fate of the amendments. There are different points of view in the Duma. I don't rule out unexpected solutions. Some deputies may take drastic steps to win votes through openness.

- The Ministry of Justice is responsible for the penitentiary system. And this is a large number of voters behind bars, whose votes may be interested in certain forces...

- The classic criminal world does not pose any serious problems from the point of view of elections. The most dangerous is a completely different type of criminality-undocumented, organized, professional-shadowy, corrupt crime. The terms are different. What is called the mafia in the world practice. Representatives of these circles, going to power, have an unblemished reputation. Everything is clear in the questionnaires. But if they get in, they will do great harm to the state, because they will corrupt the government, siphon billions abroad, and protect criminal structures. This threat to society is much more serious. Hardly anyone can say in numbers how criminalized our society is. But everyone knows that this percentage is very high. Both professionals-lawyers, and professionals-politicians.

- It has been said more than once that the fight against corruption and the mafia is hindered by the lack of a legal framework. What is your point of view?

- There is a persistent stereotype in our society: there is a problem-let's adopt a law. We often write about this in the conclusions on draft laws, we filter out a huge number of such "momentary moments". If you open the gateway. The Criminal Code will become one hundred volumes, and nothing will change in the fight against crime. I do not idealize our legislation. But 90% of the problem is in the field of law enforcement, in the fight against this evil.

- Can we conclude that the already adopted and proposed legislative changes will change the electoral process and make it more civilized?

- Unfortunately, the adopted amendments are very limited in nature. It is absolutely clear to me that the adoption of the law on political parties, the necessity of which a considerable number of its supporters have been talking about for a long time, would be much more useful. It would allow us to comprehensively solve the problems of legal registration of any political community of citizens, their participation in elections and in the life of the country. Making minor changes to other laws does not solve the problem, so the political process suffers from many shortcomings. This is precisely the case when the problem is much more in the field of legislation than law enforcement. The lack of serious legislation in the sphere of our political life, in my opinion, is obvious.

At the same time, lawmaking is a lively and dynamic process. It doesn't stop during election campaigns either. Therefore, it is safe to assume that a number of legal norms will undergo changes even before the Duma elections. Those who would like to make their choice with knowledge of the laws of Russia can be recommended to closely monitor this process.

The conversation was conducted by Lieutenant Colonel Sergey Manyukov, a parliamentary columnist for Orientir magazine

INSTEAD OF AN AFTERWORD. On the day when this conversation took place, the news agency distributed a message: "January 28, INTERFAX. Some gaps in Russia's electoral legislation may be filled in by presidential decrees. This was announced to journalists by the head of Boris Yeltsin's Administration, Nikolai Bordyuzha, on Thursday in Moscow after a meeting with a group of Russian governors. In particular, this concerns the task of preventing the penetration of criminal elements into power. At the meeting, according to N. Bordyuzha, the heads of regions expressed a number of interesting proposals regarding the preparation for the elections and relations within the power vertical. Some of these proposals may also be fixed in the form of decrees."

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