Art. 275 of the Criminal Code. Treason
The more the international situation becomes aggravated, the more often there are attempts to obtain state secrets in order to use it against Russia. This secret is sold and bought, while there are public figures, human rights activists and the media calling it “spy mania”. Is it possible to attribute real crimes to mania, most of which are spies and executors confessed before the trial? Is it fair for the interests of the state, the security of everyone and everyone in Russia to sacrifice political games and the desire to cash in on secret information?
Against the state
Treason and espionage in the Criminal Code of the Russian Federation, namely crimes against the state power and punishment for them, are described in section 10. Chapter 29 "Crimes against the foundations of the constitutional system and the security of the state" includes several articles. The first article 275 of the Criminal Code "Treason". The concept of this action is given - the transfer of information relating to state secrets to foreigners. This also includes sponsoring and advising foreign organizations, which may entail a threat to the security of the Russian Federation and its citizens.
Treason to the Motherland: the history of the article
In general, state espionage, crimes against the state and the people were punished and punished in every country. If we talk about the history of this criminal article in our country, it is important to note that it took shape in the Criminal Code of the RSFSR.
In 1938, the government of the Russian Soviet Federative Socialist Republic adopted the Criminal Code with article No. 58. It contained fourteen points. They interpreted:
- Counter-revolutionary actions.
- Armed uprisings with the aim of rejecting a separate republic.
- Communicating with foreigners and the bourgeoisie for counter-revolutionary purposes.
- Undermining the activities of enterprises and government systems.
- Act of terrorism.
- Destruction of railway tracks and means of communication.
- Agitation to the overthrow of power.
- Concealment of counterrevolutionary crime.
- Responsibility for participation in the royal agents.
- Sabotage, etc.
The list is really wide, the punishment is from six months to the highest measure of social protection, that is, execution. Convicted in this country called the enemies of the people.
The article had no title, only a number. The first chapter “Crimes of the State” was withdrawn from the Special Section of the Criminal Code.
In the RSFSR in 1960there is no talk of counterrevolutionary activity; the crime is formulated as “treason against the Motherland”. Article number - 64.
High treason: corpus delicti
The minimum penalty is twelve years, the maximum is twenty. In addition to the deadline, a fine of up to half a million rubles may follow, with a limitation on certain civil rights for two years.
The structure of high treason includes:
- informing foreigners about the state secret;
- assisting a foreign organization whose purpose is to endanger Russia and its citizens.
Ensuring the security of the state is a guarantee of the safety of citizens. Therefore, crimes against the country are regarded as a threat to its inhabitants. The Russian special services are tracking down both foreign agents and civilian assistants inside the country.
The activity of embezzlement of officially classified information leads to the condemnation of citizens of another state or a stateless person who received access to secret or unclassified information, collected information that is a state secret, and also initiated foreigners and international organizations.That is, they transferred data that made any structure of the Russian Federation vulnerable. Russian legislation for spies introduced punishment - from ten to twenty years in prison.
When the Russian state gives out a secret?
Such cases are also not uncommon. The espionage carried out by the citizens of Russia is defined by the article of the Criminal Code “Treason”. This is a situation when a Russian deliberately and intentionally transmits signed information to foreign intelligence officers. It is not the intentional extraction of military, foreign policy, economic, operational-search secrets, as well as intelligence and counterintelligence information, but the possession of it is legal.
Materials classified as “Secret” are part of the work of employees of special services or defense enterprises. That is, the state trusts the employees this information, and they threaten the security of the Russian Federation.
However, to learn the secrets of a person can and not being initiated in them on duty. The state secret becomes known to him through other ways, but not in the performance of a foreign intelligence mission.
It so happens that a citizen of Russia inadvertently becomes aware of secret data with which he shares and which he delivers on purpose, for remuneration or solving personal problems.But these actions help another state and harm the citizens of Russia.
Are good intentions?
Such a thing happened in 2015. A resident of Vyazma of the Smolensk region contacted the Ukrainian embassy by phone and reported on the transfer of GRU servicemen, having thought that the Russian military were heading towards Donbass. Svetlana Davydova, a mother of many children, spoke with Ukrainian ambassadors. She later explained to the investigators how she first noticed that the part near her house was empty, and then overheard a conversation in a minibus of a military man who told about the transfer to Moscow and that the military was waiting for a business trip.
The story caused a lot of noise. Some said that the security services took up Davydov and indirectly confirmed that the Russian troops were really standing in the Donbas. Others drew attention to the fact that the woman deliberately committed treason.
Davydova kept diaries, some records published. The woman writes about her intentions to “ask for political asylum”, she is convinced that “in Ukraine they are fighting for the people”. There are also records of the GRU military unit. However, the criminal case was dismissed for lack of corpus delicti.
Opponents of such a decision paid attention to the fact that the information revealing the plan of measures of the Russian Armed Forces is a state secret. And Davydova's assumptions about the transfer of the Russian military to the Donbass are fantasy and provocation. The General Staff of the Russian Armed Forces confirmed that these secrets and their disclosure threatened the effectiveness of strengthening the state border with Ukraine - at that time the Ukrainians fired at the border area. There were dead and wounded.
Many did not believe that Davydova overheard a conversation in a minibus, believing that the woman was simply inventing the military who was talking about redeployment. But the court did not see the betrayal of the state in the actions of Davidov. Mother of many children was released.
Is it possible to avoid punishment?
Responsibility for treason is criminal. But if a person reports about his illegal activities or prevents further damage to the country, he will avoid punishment.
The introduction into Art. 275 of the Criminal Code of the Russian Federation for additional treason changes: financial, material, technical, advisory and other types of assistance to foreigners in activities that pose a threat to the Russian Federation.If earlier the focus was on external hostility, then with the expansion of the concept, some saw in it attention to internal security, precisely because there is no wording “damage to external security”. In this interpretation, they saw the possible harm to various NGOs and forms of self-organization.
Supporters of the expansion of the concept of treason say that the hype is contrived, and if those who see the threat in the article will still work within the framework of the law, not allowing themselves to violate the security of Russian citizens, then they have nothing to worry about.
Traitors and spies in 2013-2015
Spies and treasonmen began to judge more often. And some handed over secret data over the years or issued a state secret, for example, back in 2008, but were calculated by the security services.
In 2013, Denis Kaimakov, a soldier of the Abkhaz military unit, was sentenced. According to the investigation, the 28-year-old ensign helped foreign intelligence services.
In 2014, a trial was held over a Sochi resident Ekaterina Harebava, who in 2008 warned the Georgian military about the movement of soldiers of the Russian army. The woman was sentenced to six years.And no matter how hard the defense tried to challenge the decision, the Supreme Court refused, agreeing that Khorebava’s actions had put the lives of Russian military personnel and the interests of Russia at risk.
In 2015, the Russian courts examined a dozen cases of spies. In December, Lieutenant-Colonel Fedor Boryskin, who worked for Polish military intelligence, was accused of treason. Coming to it, he passed on information about the Baltic Fleet. The military was sentenced to twelve years in prison.
Also in December, a Ukrainian Valentin Vyhovsky, who was caught in 2012, was convicted for intelligence. The Russian secret services found out that he was trying to recruit employees of the aerospace complex and conducted intelligence in Russia. The security services came to Vyhovsky in the Crimea, he admitted at the preliminary investigation that he was selling secret documents about the developments, finding assistants via the Internet. Ukrainians sentenced to eleven years in prison.
Another court was in December 2012. Captain of the first rank Vladislav Nikolsky was convicted. He opened Ukraine technical documentation on the landing craft and other drawings for the equipment. Other participants of the information leakage, Vasily Chernyi and Vyacheslav Rodionov, also took part in this case.
In November 2015Moscow Region policeman received a term for activities in favor of America. For three years, Yevgeny Chistov was selling the CIA materials on the work of the Ministry of Internal Affairs of Russia. Chistov confessed that he had succumbed to recruitment. The former policeman was sentenced to thirteen years of strict regime.
In October, the Moscow City Court considered the case of the head of the Ukrainian Oboronzavod Yuriy Soloshenko. It is known that the spy seized equipment. What exactly and what are the details of the case - classified.
Also in October, a resident of Bryansk, who worked for the border guards of Ukraine, was convicted. He poured information about a special object of the Ministry of Defense of the Russian Federation, but the intelligence services went out on a spy before he could transmit the data. The punishment for Victor Schur is twelve years of strict regime.
In September of the same year, an employee of the General Intelligence Directorate of the General Staff was sentenced to fourteen years in prison. He wanted to get a job in Sweden, but, talking about his work in Russia, he leaked a state secret. Gennady Kravtsov was accused of treason, but he himself does not agree with the decision.
In August, an Estonian police officer for contraband and espionage received fifteen years.In addition, the intelligence officer paid a hundred thousand fines to the Russian treasury. When the FSB detained an Estonian, they found special equipment with him for hidden recording.
Intelligence agencies are talking about the fact of illegal border crossing, but the Estonian authorities said that Kokhver worked in the border area and was forced to take a police officer to the territory of Russia. Caught him in the Pskov region. Kohvera was soon exchanged for Alexei Dressen, who, working in the Estonian Security Police, collaborated with the FSB of Russia. For this Dressen was convicted in his homeland.
In March 2015, Krasnoyarsk police officer Roman Ushakov was sentenced to state treason for term. He received money from the American special services, betraying the interests of the state. Ushakov tried to challenge the decision of the court and a fifteen-year term, but the Supreme Court left everything unchanged.
Criminal cases for treason in 2016
There were several high-profile cases of treason in 2016. One of them is the arrest and accusation in September of a professor at the Moscow State Technical University. Bauman. The verdict is passed, but the materials are kept secret. It was announced that Vladimir Lapygin had access to the technical documents of Roscosmos, which he sent abroad.The decision of the court - seven years in a strict regime colony.
In June, a case was heard about a former FSB officer, Yevgeny Petrikin, who was involved in providing foreign relations to the ROC. The process was closed, and the details were not disclosed. The judge sentenced Petrikina to twelve years in prison.
In April, in Kaliningrad, condemned Evgeny Mataytis. A military man in the reserve with two citizenships - Russian and Lithuanian, was recruited by Lithuanian intelligence. The man confessed that he was selling materials on the activities of the Armed Forces of Russia. By a court decision he was sentenced to thirteen years ’imprisonment.
In April, another case on a Lithuanian agent was considered. The FSB detained Lithuanian Arstidas Tamoshaytis at the time of receiving the signed materials. The spy later admitted that he was working for Lithuanian military intelligence. The trial was closed; the sentence was twelve years in prison.
In January, air traffic controller Peter Parpulov was convicted in Krasnodar. He was accused of divulging state secrets while on holiday in Georgia. The materials of the case are classified and no one has publicly stated any official details.The lawyer insists that Parpulov read the state secret on the website of the newspaper of the Red Star Defense Ministry. Apparently, the testimony about the read state secrets were not confirmed. The sentence is twelve years in prison.
A foreigner handed over drawings of the development of Russian weapons and one of the engineers of the tank "Armata". Maxim Lubomirsky was sentenced to nine years in prison.
In the summer of 2017, Vladimir Putin pardoned two Russian women convicted for treason. Marina Janjgava and Annik Kesyan told their acquaintances to the military in Georgia about the movement of Russian troops. This was in 2008 during the beginning of the conflict in South Ossetia. The people to whom the Russians gave the information were allegedly employees of the Georgian special services.
According to the same article, Oksana Sevastidi was convicted and then pardoned by the President. She told SMS to her Georgian comrade about the train with tanks in Sochi. It turned out that the friend was a scout.
Vladimir Putin said at a press conference that he was not aware of all the details of the case, and Sevastidi saw only what others had seen.However, in the society they considered presidential kindness and gentleness inappropriate. And the decision on pardon was signed in vain: everyone saw it, but only three reported to the Georgian military. During the attack by the Georgian army, the Russian peacekeepers killed more than 70 Russian military, over three hundred were injured.