Some powers - not being mentioned aloud - suffocating the rests of free press in Russia again won having stopped activity of the newspaper "To Barrier!". V.Dashevsky came to Ostankinsky court to testify triumph, to make it sure that young judge Е.М.Dorokhina wouldn't let down.
She didn't let them down.
She started without any preparations, in particular, having ignored law, she didn't even give respondents copied of petition and facts of evidences, gave 15 minutes for preparation, besides Ostankinsky court haв no right to judge as that case was within the jurisdiction of Basmanny court. The judge tried her best.
I acted as that.
"According to the article 29 of the Constitution of RF "Freedom of mass information is guaranteed. Censorship is forbidden".
Cessation of activity of newspaper could be carried out only for illegal activity, in other cases cessation of activity of newspaper is a crime provided by article 144 of Criminal Code of RF "Hindering in legal professional activity of journalists":
"1.Hindering in legal professional activity of journalists by way of forcing them to spread or to refuse from spreading of information. ...2. ... committed by person with usage of his official position is punishable either by fine in the size from one hundred thousand to three hundred or in the size of salary or other income of the convict for the period from one to two years, or by corrective labour for the time up to two years, or by imprisonment for the time up to two years with deprivation of the right to occupy certain posts or get engaged in certain activity for the time up to three years...".
Extremist activity in Russia is forbidden by law and organizations engaged in it brought to trial or some other types of responsibility only on a charge of Office of Public Prosecutor. Besides, Office of Public Prosecutor should react even in case of preparation to extremist activity. According to article 6 of law "About counteraction to extremist activity": "At presence of sufficient and preliminary checked up data about unlawful acts that are being prepared containing traces of extremist activity and in absence of bases for bringing to trial Prosecutor-General of the Russian Federation, his deputy or subordinate him prosecutor general or his deputy direct ... a warning about inadmissibility of such activity stating concrete bases for proclaiming warnings to corresponding people".
Publication of extremist materials in mass-media is also forbidden and only the court and nobody else has the right to decide, whether material is of extremist character or not, according to the article 13 of law "About counteraction to extremist activity": "Information materials are recognized bearing extremist character by federal court at the place of their discovery, spreading or at the place of location of organization carrying out production of such materials on the base of production by prosecutor-general or at carrying out of procedure of the corresponding case about administrative violation, civil or criminal case".
For today activity of none worker or writer of newspaper "To Barrier!" is recognized as extremist due process of law but Office of Public Prosecutor hasn't even cautioned newspaper "To Barrier!" Newspaper hasn't published any materials recognized extremist.
In connection with it cautions to newspaper "To Barrier!" made by Federal Supervision Agency for Information Technologies and Communications are illegal scienter and decisions of Tagansky Court which refused to recognize them illegal are unjust scienter.
Now, having prepared the crime provided by article 144 of the Criminal Code of RF, Federal Supervision Agency for Information Technologies and Communications propose Ostankinsky Court to commit it and to stop activity of newspaper "To Barrier!" in which activity there's no signs of infringement of any law.
In Russia in conditions when criminal state officials sling mud at Constitution and criminal judges help them in it, journalists can only object to it. That is what we are doing now".
I receive comment from the court about inadmissibility to offend justice. At the end the judge passed judgement - to stop activity of newspaper "To Barrier!"
Surely we will make cassational appeal to the Moscow City Court but who are they to judge us?
Yury Mukhin
