Lustration is a loss in civil rights of persons holding state and municipal positions, senior positions in state corporations and other state institutions, organizations, deputies of the State Duma and members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of the legislative authorities of the constituent entities of the Russian Federation, and other persons who have violated:
– The Constitution of the Russian Federation, adopted in the 1993 edition;
— European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR);
— PACE Resolution of 1996 (No. 1481 of 2006 (originally No. 1096 of 1996) “On Measures to Eliminate the Legacy of the Former Communist Totalitarian Systems”;
— Universal Declaration of Human Rights,
guilty of usurping power and violating the civil rights and freedoms of citizens and peoples of Russia, who supported aggressive wars against other countries and did not exercise active repentance on the date of the start of the work of the Lustration Commission, the Congress of People’s Deputies adopts this Act in order to restore justice, promote civil reconciliation, revival of respect for the observance of human rights and fundamental freedoms, creation of legal conditions for the transition from an authoritarian regime to a democratic state, restoration of confidence in state institutions of power, in order to eliminate negative consequences in the political and social life of the Russian Republic, and establishes prohibitions for persons subject to
lustration for the following activities:
— Implementation of elective parliamentary powers at all levels;
— Implementation of official and imperious powers in state authorities and local self-government bodies;
— Occupation of positions in the management bodies of companies with state participation;
– Holding positions in the management bodies of companies that supply goods and services to state and municipal authorities, as well as companies with state participation;
– Implementation of teaching activities in educational institutions of secondary and higher education in the field of humanities and social sciences;
– Establishment, financing, management of media editorial offices, journalistic activities, placement of publications and public speaking in the media;
– Service in the ranks of the armed forces, law enforcement agencies and public and state security agencies, work in the judiciary;
— Carrying out activities related to the production, financing and distribution of audiovisual, musical and film products, as well as the holding of entertainment and public events;
– other prohibitions provided for by the Constitution of the Russian Republic for persons subject to lustration restrictions.
These prohibitions are necessary to prevent legislative consolidation and propaganda of ideas related to the superiority of individual nations and cultures, humiliation of other peoples, violation of the territorial integrity of states and/or their state structure, as well as in order to exclude the restoration of an authoritarian/totalitarian regime in the Russian Republic.
Main part
1. The basis for bringing to loss of rights (lustration) is:
– development, adoption, public support and implementation of the Federal Constitutional Laws of the Russian Federation, federal laws, Decrees of the President of the Russian Federation, legal acts, resolutions adopted by deputies of the State Duma and members of the Federation Council of the Federal Assembly of the Russian Federation, as well as the adoption and implementation of resolutions, decisions of the Government of the Russian Federation, ministries, services, departments, laws and other regulatory legal acts of the subjects of the federation aimed at usurping state power, inciting ethnic hatred, unleashing aggressive wars, violating the territorial integrity and sovereignty of foreign states, committing war crimes and crimes against humanity.
These documents include:
– Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public authorities.”
— Federal Constitutional Law of March 21, 2014 No. 6 (as amended on July 14, 2022) “On the admission of the Republic of Crimea to the Russian Federation and the formation of new subjects within the Russian Federation — the Republic of Crimea and the federal city of Sevastopol.”
– Federal Constitutional Law No. 5-FKZ dated 04.10.2022 “On the admission of the Donetsk People’s Republic to the Russian Federation and the formation of a new subject – the Donetsk People’s Republic” within the Russian Federation.
— Federal Constitutional Law No. 6-FKZ dated 04.10.2022 “On the admission of the Lugansk People’s Republic to the Russian Federation and the formation of a new subject within the Russian Federation – the Lugansk People’s Republic”.
— Federal Constitutional Law No. 7-FKZ dated 04.10.2022 “On the admission of the Zaporozhye region to the Russian Federation and the formation of a new entity within the Russian Federation — the Zaporozhye region”.
— Federal Constitutional Law of October 4, 2022 No. 8-FKZ “On the admission of the Kherson region to the Russian Federation and the formation of a new subject within the Russian Federation – the Kherson region”.
— Decree of the Federation Council of the Federal Assembly of February 22, 2022 No. 35-SF “On the use of the Armed Forces of the Russian Federation outside the territory of the Russian Federation”.
– Federal Law of July 14, 2022 No. 255-FZ “On control over the activities of persons under foreign influence.”
— Federal Law No. 32-FZ of March 4, 2022 “On Amendments to the Criminal Code of the Russian Federation and Articles 31 and 151 of the Code of Criminal Procedure of the Russian Federation” (Articles 207.3, 280.3, 284.2 of the Criminal Code of the Russian Federation were introduced).
— Federal Law No. 31-FZ of March 4, 2022 (as amended on July 14, 2022) “On Amendments to the Code of Administrative Offenses of the Russian Federation” (which introduced Articles 20.3.3 and 20.3.4).
— Federal Law No. 272-FZ of December 28, 2012 “On Measures to Influence Persons Involved in Violations of Fundamental Human Rights and Freedoms, Rights and Freedoms of Citizens of the Russian Federation”.
— Federal Law No. 25.07.2002. No. 114-FZ “On counteracting extremist activity”
– Decree of the President of the Russian Federation of September 21, 2022 No. 647 “On the announcement of partial mobilization in the Russian Federation”, in accordance with Federal Laws of May 31, 1996 No. 61-FZ “On defense ” of February 26, 1997 No. 31-FZ “On mobilization training and mobilization in the Russian Federation” and of March 28, 1998 No. 53-FZ “On military duty and military service”.
2. Categories of persons subject to mandatory lustration
1) Persons who took part in the development, approval, public support and enforcement of the above federal laws, federal constitutional laws, Decrees of the President of the Russian Federation, other regulatory legal acts aimed at inciting national hatred, aggression, suppressing constitutional human rights and freedoms in Russia, to annex the territories of sovereign states, to include the Republic of Crimea and the city of Sevastopol into the Russian Federation, to conduct a special operation in Ukraine, to recognize the independence of the DPR, LPR, the adoption and implementation of four Federal Constitutional Laws of October 05, 2022 “On the entry of the Donetsk People’s Republic, Lugansk People’s Republic, Zaporozhye, Kherson regions to the Russian Federation;
2) Judges, prosecutors, investigators who made decisions on bringing to administrative and / or criminal liability persons for expressing an anti-war position and / or condemning and criticizing the actions of the armed forces of the Russian Federation provided for in articles:
– 128.1, 148, 207.3, 212, 212.1, 274.1, 275.1, 280, 280.1 – 280.4, 282, 282.1 – 282.4, 284.1, 284.2, 330.1, 330.2, parts 2.1, 2.2 of Art. 332, part 3 of Art. 333, part 3 of Art. 334, parts 2.1, 3.1, 5 Art. 337, part 3 of Art. 338, part 3 of Art. 339, parts 4, 5 of Art. 340, in parts 4.5 Art. 341, parts 4, 5 of Art. 342, part 3 of Art. 344, part 3 of Art. 346, Art. 347 (as amended by Federal Law No. 365-FZ of September 24, 22), art. 348 (as amended by Federal Law No. 365-FZ of September 24, 22), 352.1 of the Criminal Code of the Russian Federation.
– 13.41, 13.42, 13.46, 13.48, 19.7.5-2, 19.7.5-4, 19.7.10.1 – 19.7.10.3, 19.25, 20.2, 20.2.2, 20.2.3, 20.3, 20.3.1 – 20.3.4 , 20.28, 20.29, 20.33 of the Code of Administrative Offenses of the Russian Federation,
– employees of the operational units of the bodies of the Ministry of Internal Affairs of the Russian Federation, the Federal Security Service of the Russian Federation, the Federal Security Service of the Russian Federation, the Federal Penitentiary Service of the Russian Federation, who carried out operational-search activities in cases of this category and the freelancers involved by them;
3) proxies and persons who conducted election campaigning in the election campaigns of the President of the Russian Federation V.V. Putin. between 2012 and 2023;
4) Persons responsible for editorial and information policy, heads of newspapers, magazines, television programs, Internet media, television programs, radio programs, TV and radio program hosts who supported and approved the actions of the President of the Russian Federation, the Government of the Russian Federation on the annexation of the territory of Ukraine, on partial mobilization , to amend the Constitution of the Russian Federation;
5) Citizens of the Russian Federation who propagandized a special military operation in Ukraine;
6) Citizens of the Russian Federation who fell under international sanctions in the period from 2012 until the entry into force of this Act.
Citizens of the Russian Federation who were under sanctions, from which the sanctions were lifted by at least one of the following countries: Ukraine, USA, Great Britain, are excluded from the list of persons subject to lustration;
7) Heads, deputy heads, employees of state authorities, who held the highest and main positions in the period from 07.05.2012. according to the List (Appendix No. 1);
8) Other persons who are not included in the above categories and are (equated) to the heads, deputy heads, employees who hold the highest and main positions in public authorities.
3. The term for involving persons in verification and loss of rights (lustration)
Within ten years from the date of entry into force of this Act, the persons listed in Article 2 of paragraphs 1 to 8 and who, within three months as of the date of Lustration, have not publicly condemned a special military operation and transferred a significant part of their personal wealth to help political organizations fighting Putin’s regime or the Armed Forces of Ukraine or the United24 Foundation or other organizations authorized by the Congress of People’s Deputies, cannot carry out the activities listed in the preamble of this Act, and are also deprived of their passive electoral right and cannot be elected to the Parliament of the Russian Republic, legislative bodies of the constituent entities of the Russian Republic, to hold elected positions of state corporations.
A ban on occupying leading state, regional, municipal positions in the above authorities can be applied to a person only once.
4. Establishment of a Commission to verify persons subject to lustration
1. The Congress of People’s Deputies creates a Commission on Lustration in the amount of twenty-one people with the possibility of subsequent rotation by decision of the Congress of People’s Deputies.
2. The Lustration Commission operates during a transitional period, until a new parliament is elected and the Government of Russia is formed.
3. Information about the formation of the Commission is published in the mass media, in the press, on the Internet, on the official website of the Lustration Commission.
4. The Lustration Commission in its activities is guided by the Regulations developed and approved by the Congress of People’s Deputies.
5. For the purpose of direct execution of this Lustration Act and maintenance of the work of the Lustration Commission, an Apparatus is created, the staffing of which is approved by the Commission. The Office of the Commission operates on the basis of the Regulations on the Office of the Lustration Commission approved by the Commission.
5. General order of work and duties of the Commission
1. The Lustration Commission draws up, publishes and then maintains an official Register, in which citizens are entered in accordance with the paragraph “Categories of persons subject to mandatory lustration.”
2. Citizens, members of the public and the media have the right to apply to the Lustration Commission with an application to conduct an audit of persons in respect of whom there are sufficient grounds for inclusion in the Register.
3. Persons subject to lustration have the right, within one month after the publication of the Register, to apply to the Lustration Commission to provide information about their non-involvement in the violation of the rights and freedoms of citizens, a special military operation, and other acts of international aggression by Russia.
4. The Lustration Commission has the right to request and demand information about income, the availability of property on the right of ownership in the tax, registration authorities in order to establish the reliability of the information provided about the person’s non-involvement in the violation of the rights and freedoms of citizens, a special military operation and other acts of international aggression by Russia.
5. The verification period should not exceed 30 days.
6. Information about the audit is public, the results of the audit are reflected in a special Register of persons subject to verification.
7. The Lustration Commission is obliged to approach individually the consideration of applications and submitted materials in relation to persons subject to lustration.
8. Based on the results of the audit, the Lustration Commission shall make one of the following reasoned decisions:
– about exclusion from the list;
– the need for additional verification;
– on the prohibition to engage in the types of activities listed in the preamble of this Act for up to 10 years;
– on applying to law enforcement agencies with a statement on checking the actions or inactions of persons who have committed criminal offenses (military, corruption, etc.);
– on the Commission’s appeal to the courts with an application for deprivation of the right of ownership of property, funds that are not confirmed by the Declaration of Income, in relation to persons who initiated, adopted and enforced anti-constitutional laws;
9. A reasoned decision is made by the Commission by a qualified majority, not less than 2/3 of the votes of the elected members of the Commission and signed by the Chairman and Secretary of the Commission.
10. The person in respect of whom the check has been carried out has the right to challenge the results of the check and the decision of the Commission for Lustration in court within a month after receiving a reasoned decision of the Commission.
11. The register of citizens subject to lustration shall be subject to official publication in the mass media and on the official website of the Congress of People’s Deputies.
12. Control over the actions and decisions of the Lustration Commission belongs to the Congress of People’s Deputies.
6. Liability for non-compliance or evasion of lustration
1. This Act establishes administrative liability for non-compliance with or evasion of lustration, for which the Code of Administrative Offenses is supplemented by the following article: “
The implementation by a citizen included in the lustration register of activities prohibited by the Lustration Act – entails the imposition of an administrative fine in the amount of up to 50,000 the minimum hourly wage or administrative arrest for up to 30 days.
2. This Act establishes criminal liability for non-compliance or evasion of lustration, for which the Criminal Code is supplemented by the following article:
1) Providing deliberately unreliable information by a citizen to the lustration commission or concealing information that affects the inclusion of a citizen in the lustration register, is punishable by imprisonment for a term of 3 to 5 years, or a fine in the amount of up to 100,000 times the minimum hourly wage, or community service for up to three years.
2) Repeated performance by a citizen included in the lustration register of activities prohibited by the Lustration Act is punishable by imprisonment for a term of 5 to 10 years with confiscation of property.
3) Failure by a citizen or organization to comply with the restrictions imposed on persons included in the lustration register, when entering into labor or economic relations with them, is punishable by a fine in the amount of up to 30,000 minimum hourly wages for citizens and in the amount of 100,000 minimum hourly wages. remuneration for organizations with the inclusion of a citizen and/or official of the organization who violated the Lustration Act in the lustration register.
4) Violation by officials of election commissions and state authorities of the requirements of the Lustration Act during election campaigns and referendums, is punishable by imprisonment for a term of three to five years, with the inclusion of persons who violated the requirement of the Lustration Act in the lustration register.
7. Entry into force of the Lustration Act
1) The act of lustration is subject to official publication in the media and on the official website of the Congress of People’s Deputies.
2) The Lustration Act shall enter into force from the moment the Transitional Period Act approved by the Congress of People’s Deputies comes into force.
Applications:
The list of organizations, state authorities, heads, deputy heads, whose employees held the highest and main positions in the period from 07.05.2012. and are subject to mandatory lustration:
1) Administration of the President of the Russian Federation,
2) Administration of the President of the Russian Federation,
3) Central Election Commission;
4) the State Duma, the Federation Council of the Federal Assembly of the Russian Federation,
5) the Offices of the State Duma and the Federation Council of the Federal Assembly of the Russian Federation;
6) Government of the Russian Federation;
7) Ministries, services, agencies and departments that are part of the structure of the executive authorities of the Russian Federation
8) The Central Bank of the Russian Federation
9) Treasury of the Russian Federation
10) FSB, Investigative Committee of the Russian Federation, Prosecutor’s Office of the Russian Federation, Main Directorate for Combating Extremism of the Ministry of Internal Affairs of Russia, Main Investigation Directorate of the Ministry of Internal Affairs of the Russian Federation
11) Russian Guard, Federal Penitentiary Service;
12) Legislative authorities of the constituent entities of the Russian Federation that took part in the approval of the above laws, resolutions, decrees of the
President of the Russian Federation, heads of apparatus of the legislative authorities of the constituent entities of the Russian Federation;
13) Executive authorities of the constituent entities of the Russian Federation,
14) Election commissions of the authorities of the constituent entities of the Russian Federation;
15) State-owned companies and corporations, companies with state participation, in which the state’s share is more than 50%.