Adoption of the spring law. What is the “Yarovaya package” and how does it threaten Russian society

How do you feel about the fact that subscribers will pay for the Yarovaya Law?

Spring package, what is it? Full text of the 2016 law.

July 7, 2016 President Russian Federation Vladimir Putin signed federal law No. 374-F3, better known to the people as "Yarovaya package". But what is the essence of this law? Let's look into this in this article.

At the beginning, we will indicate the most important aspects of the law that caused public outcry, as well as various information of interest to users. At the bottom of the publication you can read the full text of the Yarovaya package.

"Yarovaya Package". Signed or not?

Yes, the law is signed.

  • Adopted by the State Duma on June 24, 2016.
  • Approved by the Federation Council on June 29, 2016.
  • Signed by the President of the Russian Federation on July 7, 2016.


When will the Yarovaya Package come into force?

  1. Real the federal law shall enter into force on July 20, 2016, except for the provisions for which this article establishes a different date for their entry into force.
  2. Paragraph four of subparagraph "a" of paragraph 2 of Article 13 and paragraph four of paragraph 1 of Article 15 of this Federal Law shall enter into force on July 1, 2018.

The essence of the Yarovaya package.

The law provides for criminal liability for international terrorism, and also obliges telecom operators to store conversations and correspondence of subscribers for six months.

We will not analyze everything in detail - for this, a little lower is the full text of the Yarovaya Law. The main points of the law that caused public outcry: telecom operators and "information dissemination organizers" must store all transmitted information for six months, that is, records of telephone calls and the content of SMS messages; for three years they are also required to keep information about the transmitted data; companies should help the FSB decrypt all traffic.

The full text of the Yarovaya package, approved by the President.

Federal Law No. 374-FZ of July 6, 2016 "On Amendments to the Federal Law "On Combating Terrorism" and Certain Legislative Acts of the Russian Federation in Part of Establishing Additional Measures to Counter Terrorism and Ensuring Public Safety."

“On Counteracting Terrorism” (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2006, No. 11, Art. 1146; No. 31, Art. 3452; 2008, No. 45, Art. 5149; No. 52, Art. 6227; 2009, No. 1, Art. 29; 2010, No. 31, item 4166; 2011, No. 1, item 16; No. 19, item 2713; No. 46, item 6407; 2013, No. 30, item 4041; No. 44, item 5641; 2014, No. 19, Article 2335; No. 23, Article 2930; No. 26, Article 3385; 2015, No. 1, Article 58) the following changes:

1) in Article 5:

a) Part 2 shall be supplemented with paragraph 5 of the following content:

"5) establishes the procedure for interaction between federal executive bodies, bodies state power subjects of the Russian Federation and local governments, individuals and legal entities when checking information about the threat of committing a terrorist act, as well as informing the subjects of counter-terrorism about the identified threat of committing a terrorist act.”;

b) in part 4, the fourth and fifth sentences shall be deleted;

c) add part 41 of the following content:

“41. In order to ensure the coordination of the activities of territorial bodies of federal executive bodies, executive bodies of the constituent entities of the Russian Federation and local governments in the prevention of terrorism, as well as to minimize and eliminate the consequences of its manifestations, bodies consisting of representatives of territorial bodies of federal bodies may be formed by decision of the President of the Russian Federation executive power, public authorities of the constituent entities of the Russian Federation and other persons. In order to implement the decisions of the said bodies, acts (joint acts) of the said bodies, whose representatives are members of the relevant body, may be issued. Decisions of these bodies, adopted within their competence, are binding on state authorities of the constituent entities of the Russian Federation, local authorities, organizations, officials and citizens in the corresponding constituent entity of the Russian Federation. Failure to comply with or violation of these decisions entails liability under federal laws or laws of the constituent entities of the Russian Federation. In the event that administrative responsibility for these actions is not established by federal law, it may be established by the law of the subject of the Russian Federation.”;

d) in part 5 the words “part 4” shall be replaced by the words “parts 4 and 41”;

2) supplement Article 52 with the following content:

“Article 52. Powers of local self-government bodies in the field of countering terrorism

When addressing issues of local importance on participation in the prevention of terrorism, as well as in minimizing and (or) eliminating the consequences of its manifestations, local governments:

1) develop and implement municipal programs in the field of prevention of terrorism, as well as minimization and (or) elimination of the consequences of its manifestations;

2) organize and conduct information and propaganda activities in municipalities to explain the essence of terrorism and its public danger, as well as to form citizens' rejection of the ideology of terrorism, including through the distribution of information materials, printed materials, explanatory work and other events;

3) participate in measures to prevent terrorism, as well as to minimize and (or) eliminate the consequences of its manifestations, organized by federal executive authorities and (or) executive authorities of a constituent entity of the Russian Federation;

4) ensure the fulfillment of the requirements for anti-terrorist protection of objects that are in municipal ownership or under the jurisdiction of local governments;

5) send proposals on the issues of participation in the prevention of terrorism, as well as in minimizing and (or) eliminating the consequences of its manifestations to the executive authorities of the constituent entity of the Russian Federation;

6) exercise other powers to resolve issues of local importance for participation in the prevention of terrorism, as well as in minimizing and (or) eliminating the consequences of its manifestations.”;

3) Article 11 shall be supplemented with part 5 of the following content:

"5. The legal regime of a counter-terrorist operation may be introduced for the purpose of suppressing and disclosing a crime under Article 206, part four of Article 211 of the Criminal Code of the Russian Federation, and (or) a crime associated with the implementation of terrorist activities under Articles 277, 278, 279, 360 of the Criminal Code of the Russian Federation (hereinafter referred to as terrorist crimes), minimizing its consequences and protecting the vital interests of the individual, society and the state. In these cases, when introducing the legal regime of a counter-terrorist operation, the provisions provided for by this Article and Articles 12-19 of this Federal Law shall apply.”;

4) Part 1 of Article 12 shall be stated as follows:

"1. A counter-terrorist operation is carried out to suppress a terrorist act and crimes of a terrorist nature in the event that a decision is made to conduct it in the manner prescribed by this article.”;

5) in Article 24:

a) in part 1 the words "2821 - 2823 and 360" shall be replaced by the words "2821 - 2823, 360 and 361";

b) in part 2 the words "2821 - 2823 and 360" shall be replaced by the words "2821 - 2823, 360 and 361".

Include in the Federal Law of April 3, 1995 No. 40-FZ "On the Federal Security Service" (Collected Legislation of the Russian Federation, 1995, No. 15, Art. 1269; 2000, No. 1, Art. 9; 2003, No. 27, Art. 2700; 2006, No. 17, Article 1779; 2016, No. 1, Article 88) the following changes:

1) in paragraph five of Article 14, the second sentence shall be deleted;

2) in Article 15:

a) add a new part four as follows:

“The federal executive authority in the field of security has the right to receive on a gratuitous basis from state bodies and state off-budget funds the information systems and (or) databases necessary for the performance of its duties, including by obtaining the opportunity remote access to them, with the exception of cases when federal laws establish a ban on the transfer of such systems and (or) databases to federal security service bodies.”;

“On operational-search activity” (Collected Legislation of the Russian Federation, 1995, No. 33, Art. 3349; 1999, No. 2, Art. 233; 2000, No. 1, Art. 8; 2001, No. 13, Art. 1140; 2003 , No. 2, item 167; No. 27, item 2700; 2005, No. 49, item 5128; 2007, No. 31, item 4008; 2008, No. 52, item 6235; 2013, No. 51, item 6689 ) the following changes:

1) in Article 6:

a) Part one shall be supplemented with paragraph 15 of the following content:

"15. Obtaining computer information.»;

b) part four after the words "with the removal of information from technical channels communications,” to be supplemented with the words “with the receipt of computer information,”;

2) in Article 8:

a) the first paragraph of part two after the words "operational-search measures" shall be supplemented with the words "(including obtaining computer information)";

b) in the part of the tenth figure "8 - 11" shall be replaced by the figures "8 - 11, 15".

“On Foreign Intelligence” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 3, Art. 143; 2011, No. 50, Art. 7366), add part three as follows:

“The Foreign Intelligence Service of the Russian Federation has the right to receive, free of charge, from state bodies and state non-budgetary funds the information systems and (or) databases necessary for the performance of its duties, including by obtaining the possibility of remote access to them, except in cases where federal laws establish a ban on the transfer of such systems and (or) databases to foreign intelligence agencies.

Part eight of Article 256 of the Federal Law of August 15, 1996 No. 114-FZ “On the Procedure for Departure from the Russian Federation and Entry into the Russian Federation” (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 34, Art. 4029; 2003, No. 2, Art. 159; 2006, No. 31, article 3420; 2010, No. 21, article 2524; 2011, No. 13, article 1689; No. 17, article 2321; 2012, No. 53, article 7628; 2013, No. 27, 3477; No. 30, article 4036; No. 52, article 6955; 2014, No. 16, article 1828; 2015, No. 1, article 75; No. 48, article 6709) after the words "religious ties and contacts » add the words «(with the exception of professional religious activities, including missionary activities, under an employment or civil law contract with religious organizations)».

“On Weapons” (Collected Legislation of the Russian Federation, 1996, No. 51, Art. 5681; 2011, No. 1, Art. 10; No. 50, Art. 7351; 2012, No. 29, Art. 3993) the following changes:

1) part two of Article 1 shall be stated as follows:

“Weapons do not include products certified as household and industrial products, sports equipment structurally similar to weapons (hereinafter referred to as products structurally similar to weapons). Articles structurally similar to firearms must not contain the main parts of firearms.”;

2) Part six of Article 16 shall be stated as follows:

“In the production of firearms of limited destruction, gas weapons, signal weapons, pneumatic weapons and products structurally similar to weapons, it is prohibited to use the main parts of combat hand firearms and service firearms, including those deregistered in state paramilitary organizations, as well as decommissioned. ".

Clause 8 of Article 105 of the Air Code of the Russian Federation (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1997, No. 12,

Art. 1383; 2004, no. 35, art. 3607; 2005, no. 1, art. 25; 2007, no. 49, art. 6075) shall be amended as follows:

"8. Requirements for an automated information system for registering air transportation, for the databases included in it, for an information and telecommunications network that ensures the operation of the specified automated information system, for its operator, as well as measures to protect the information contained in it, and the procedure for its functioning are approved by the Government of the Russian Federation on the proposal of the federal executive body authorized in the field of transport, in agreement with the body that ensures the coordination of the activities of federal executive bodies in countering terrorism.

Include in the Federal Law of September 26, 1997 No. 125-FZ “On Freedom of Conscience and Religious Associations” (Collected Legislation of the Russian Federation, 1997, No. 39, Art. 4465; 2000, No. 14, Art. 1430; 2002, No. 12 , item 1093; No. 30, item 3029; 2003, No. 50, item 4855; 2004, No. 27, item 2711; 2006, No. 29, item 3122; 2008, No. 9, item 813; No. 30 , item 3616; 2010, No. 49, item 6424; 2011, No. 27, item 3880; 2013, No. 23, item 2877; No. 27, item 3472, 3477; 2014, No. 43, item 5800; 2015, No. 1, Article 58; No. 14, Article 2020; No. 17, Article 2478; No. 29, Article 4387; No. 48, Article 6707; 2016, No. 14, Article 1906) the following changes:

1) Paragraph two of clause 2 of Article 13 after the words "and other religious activities," shall be supplemented with the words "missionary activities cannot be carried out on his behalf";

2) Paragraph 3 of Article 17 shall be stated as follows:

“3. Literature, printed, audio and video materials produced by a religious organization, as well as distributed as part of missionary activities carried out on its behalf, must be marked with the official full name of this religious organization.”;

3) paragraph 2 of Article 20 shall be stated as follows:

"2. Religious organizations have the exclusive right to invite foreign citizens to carry out professional religious activities, including missionary activities, under an employment or civil law contract with these organizations.”;

4) add chapter III1 with the following content:

"Chapter III1. MISSIONARY ACTIVITIES

Article 241. Content of missionary activity

1. For the purposes of this Federal Law, missionary activity is the activity of a religious association aimed at disseminating information about its doctrine among persons who are not participants (members, followers) of this religious association, in order to involve these persons in the composition of participants (members, followers) of a religious association. associations carried out directly by religious associations or by citizens and (or) legal entities authorized by them publicly, with the help of the mass media, the information and telecommunication network "Internet" or other legal means.

2. The missionary activity of a religious association is freely carried out:

in places of worship, buildings and structures, as well as on land plots on which such buildings and structures are located;

in buildings and structures owned by religious organizations on the basis of ownership or provided to them on the basis of other property rights for the implementation of their statutory activities, as well as on land plots on which such buildings and structures are located;

in the premises owned by religious organizations on the basis of ownership or provided to them on the basis of other property rights for the implementation of their statutory activities, as well as on land plots on which buildings with appropriate premises are located, in agreement with the owners of such buildings;

in premises, buildings, structures and on land plots owned by the right of ownership or provided by other property rights to organizations created by religious organizations;

on land plots owned by religious organizations by the right of ownership or provided to them by other property rights;

in places of pilgrimage;

in cemeteries and crematoria;

in the premises of educational organizations historically used for religious ceremonies.

3. It is not allowed to carry out missionary activity in residential premises, except for the cases provided for by Part 2 of Article 16 of this Federal Law.

4. It is prohibited for a religious association to disseminate information about its doctrine in premises, buildings and structures belonging to another religious association, as well as on land plots where such buildings and structures are located, without the written consent of the governing body of the relevant religious association.

Article 242

activities

1. Citizens carrying out missionary activities on behalf of a religious group are required to carry with them the decision of the general meeting of the religious group on granting them appropriate powers, indicating the details of the written confirmation of receipt and registration of a notification of the creation and commencement of activities of the specified religious group, issued by the territorial body of the federal body state registration.

2. Missionary activity on behalf of a religious organization may be carried out by the head of a religious organization, a member of its collegiate body and (or) a clergyman of a religious organization.

Other citizens and legal entities have the right to carry out missionary activities on behalf of a religious organization if they have a document issued by the governing body of the religious organization and confirming the authority to carry out missionary activities on behalf of the religious organization. IN this document the details of the document confirming the fact of making an entry about a religious organization in a unified State Register legal entities and issued by the federal body of state registration or its territorial body.

These rules do not apply to missionary activities provided for by paragraph 2 of Article 241 of this Federal Law.

3. Foreign citizens and stateless persons legally located on the territory of the Russian Federation have the right to carry out missionary activities:

on behalf of a religious group - only on the territory of the constituent entity of the Russian Federation in which the territorial body of the federal body of state registration is located, which issued a written confirmation of receipt and registration of a notification of the creation and commencement of activities of the specified religious group, if the document specified in paragraph 1 of this article is available;

on behalf of a religious organization - only on the territory of a constituent entity or territories of the constituent entities of the Russian Federation in accordance with the territorial sphere of activity of the specified religious organization in the presence of the document specified in paragraph 2 of this article.

4. Foreign citizens who have entered the territory of the Russian Federation at the invitation of a religious organization in accordance with Article 20 of this Federal Law shall be entitled to carry out missionary activities only on behalf of the specified religious organization in the territory of the subject or territories of the subjects of the Russian Federation in accordance with the territorial scope of its activities, if the document referred to in paragraph 2 of this article.

5. It is not allowed to carry out missionary activities on behalf of a religious association whose goals and actions are contrary to the law, including those that have been liquidated by a court decision, or whose activities have been suspended or prohibited in the manner and on the grounds provided for by this Federal Law, the Federal Law of July 25 2002 No. 114-FZ "On Counteracting Extremist Activity" or Federal Law No. 35-FZ of March 6, 2006 "On Countering Terrorism", as well as by individuals specified in paragraphs 3 and 4 of Article 9 of this Federal Law.

6. It is not allowed to carry out missionary activities, the goals and actions of which are aimed at:

violation of public safety and public order;

carrying out extremist activities;

coercion to destroy the family;

encroachment on the personality, rights and freedoms of citizens;

infliction of damage to the morality, health of citizens, established in accordance with the law, including the use of narcotic and psychotropic drugs, hypnosis in connection with their religious activities, the commission of depraved and other unlawful acts;

inducement to suicide or refusal on religious grounds to provide medical care persons in a state of danger to life and health;

obstruction of compulsory education;

coercion of members and followers of a religious association and other persons to alienate their property in favor of a religious association;

preventing the threat of causing harm to life, health, property, if there is a danger of its real execution, or the use of violent influence, by other unlawful actions, the exit of a citizen from a religious association;

inducing citizens to refuse to fulfill their civic obligations established by law and to commit other unlawful acts.

7. In the case of carrying out missionary activities provided for in paragraphs 5 and 6 of this article, a religious association shall be responsible for missionary activities carried out on its behalf by persons authorized by it.”.

“On Postal Communication” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1999, No. 29, Art. 3697; 2011, No. 50, Art. 7351) the following changes:

1) in Article 17:

a) add a new part three as follows:

“Postal operators, within the limits of their competence, are obliged to take measures to prevent the items and substances specified in Article 22 of this Federal Law from being sent in postal items. For these purposes, X-ray television, radioscopic installations, stationary, portable and hand-held metal detectors, gas analytical and chemical equipment, as well as other devices that ensure the detection of weapons, explosives or other devices, objects and substances in respect of which a ban or restriction is established. ;

2) in paragraph "a" of the first part of Article 22 the words "as well as the main parts of firearms" shall be replaced by the words "the main parts of firearms, as well as explosive and other devices that pose a danger to human life and health."

"On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2001, No. 33, Art. 3418; 2002, No. 30, Art. 3029; No. 44, Art. 4296; 2004, No. 31, article 3224; 2006, No. 31, article 3452; 2007, No. 31, article 3993, 4011; 2010, No. 30, article 4007; No. 31, article 4166; 2011, No. 46, article 6406; 2012, No. 30, item 4172; 2013, No. 26, item 3207; No. 44, item 5641; No. 52, item 6968; 2014, No. 19, item 2315, 2335; No. 30, item 4214; 2015, No. 1, Articles 37, 58; No. 27, Articles 3950, 4001; 2016, No. 1, Article 44) the following changes:

1) in the fourth paragraph of Article 3:

a) the words "279 and 360" shall be replaced by the words "279, 360 and 361";

b) after the words “of the Russian Federation, or” add the words “for financing or other material support of a person in order to commit at least one of the specified crimes, or”;

2) in Article 6:

a) in paragraph 21:

in subparagraph 5 the words "2823 and 360" shall be replaced by the words "2823, 360 and 361";

b) in paragraph 22:

in subparagraph 2 the words "2823 and 360" shall be replaced by the words "2823, 360 and 361";

in subparagraph 4 the words "2823 and 360" shall be replaced by the words "2823, 360 and 361";

in subparagraph 8 the words "2823 and 360" shall be replaced by the words "2823, 360 and 361".

Include in the Code of Administrative Offenses of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2002, No. 1, Art. 1; No. 30, Art. 3029; No. 44, Art. 4295; 2003, No. 27, Art. 2700, 2708, 2717; No. 46, item 4434; No. 50, item 4847, 4855; 2004, No. 31, item 3229; No. 34, item 3529, 3533; 2005, No. 1, item 9, 13, 45; No. 10, 763; No. 13, 1075, 1077; No. 19, 1752; No. 27, 2719, 2721; No. 30, 3104, 3131; No. 50, 5247; 2006, No. 1, No. 10, No. 10, No. 1067, No. 12, No. 1234, No. 17, No. 1776, No. 18, No. 1907, No. 19, No. 2066, No. 23, No. 2380, No. 31, Art. 3420, 3438, 3452; No. 43, pp. 4412; No. 45, pp. 4641; No. 50, pp. 5279; No. 52, pp. 5498; 2007, No. 1, pp. 21, 29; No. 16, pp. 1825; No. 20, item 2367; No. 26, item 3089; No. 30, item 3755; No. 31, item 4007, 4008; No. 41, item 4845; No. 43, item 5084; No. 46, 5553; 2008, No. 18, 1941; No. 20, 2251; No. 30, 3604; No. 49, 5745, 5748; No. 52, 6235, 6236; 2009, No. 7, 777; No. 23, 2759; No. 26, 3120, 3122, 3132; No. 29, 3597, 3642; No. 30, 3739; No. 45, art. 5265; No. 48, Art. 5711, 5724; No. 52, art. 6412; 2010, no. 1, art. 1; No. 21, art. 2525; No. 23, art. 2790; No. 27, Art. 3416; No. 30, Art. 4002, 4006, 4007; No. 31, Art. 4158, 4164, 4193, 4195, 4206, 4207, 4208; No. 41, art. 5192; No. 49, art. 6409; 2011, no. 1, art. 10, 23, 54; No. 7, Art. 901; No. 15, art. 2039; No. 17, art. 2310; No. 19, art. 2715; No. 23, art. 3260; No. 27, art. 3873; No. 29, art. 4284, 4289, 4290; No. 30, Art. 4573, 4585, 4590, 4598, 4600, 4601, 4605; No. 45, Art. 6334; No. 46, Art. 6406; No. 48, Art. 6728; No. 49, Art. 7025, 7061; No. 50, art. 7342, 7345, 7346, 7351, 7352, 7355, 7362, 7366; 2012, no. 6, art. 621; No. 10, art. 1166; No. 15, art. 1724; No. 18, Art. 2126, 2128; No. 19, art. 2278, 2281; No. 24, art. 3069, 3082; No. 25, art. 3268; No. 29, art. 3996; No. 31, art. 4320, 4322, 4330; No. 47, art. 6402, 6403; No. 49, art. 6757; No. 53, Art. 7577, 7602, 7640; 2013, no. 14, art. 1651, 1658, 1666; No. 19, art. 2323, 2325; No. 26, Art. 3207, 3208, 3209; No. 27, art. 3454, 3470; No. 30, art. 4025, 4026, 4029, 4030, 4031, 4032, 4034, 4036, 4040, 4044, 4078, 4082; No. 31, art. 4191; No. 43, art. 5443, 5444, 5445, 5452; No. 44, art. 5624, 5643; No. 48, Art. 6161, 6165; No. 49, art. 6327, 6341; No. 51, Art. 6683, 6685, 6695; No. 52, Art. 6961, 6980, 6986, 7002; 2014, no. 6, art. 559, 566; No. 11, Art. 1092, 1096; No. 14, Art. 1562; No. 19, Art. 2302, 2306, 2310, 2324, 2325, 2326, 2327, 2330, 2333, 2335; No. 26, Art. 3366, 3379; No. 30, Art. 4211, 4218, 4228, 4233, 4248, 4256, 4259, 4264, 4278; No. 42, Art. 5615; No. 43, Art. 5799; No. 48, Art. 6636, 6638, 6642, 6643, 6651; No. 52, Art. 7541, 7550, 7557; 2015, no. 1, art. 29, 67, 74, 83, 85; No. 10, Art. 1405, 1416; No. 13, Art. 1811; No. 14, Art. 2021; No. 18, Art. 2614, 2619, 2620; No. 21, art. 2981; No. 24, art. 3370; No. 27, art. 3945; No. 29, art. 4346, 4359, 4374, 4376, 4391; No. 41, Art. 5629, 5637; No. 44, Art. 6046; No. 45, Art. 6205, 6208; No. 48, Art. 6706, 6710; No. 51, Art. 7249, 7250; 2016, no. 1, art. 11, 28, 59, 63, 84; No. 10, Art. 1323; No. 11, Art. 1481, 1491, 1493; No. 18, Art. 2509, 2514; No. 23, Art. 3285) the following changes:

1) in Article 5.26:

a) the paragraph of the second part 1 shall be supplemented with the words “; for legal entities - from one hundred thousand to one million rubles”;

b) add parts 3 - 5 of the following content:

“3. Carrying out activities by a religious organization without indicating its official full name, including the release or distribution of literature, printed, audio and video materials within the framework of missionary activity without marking with the specified name or with incomplete or deliberately false marking, -

shall entail the imposition of an administrative fine in the amount of thirty thousand to fifty thousand rubles with confiscation of literature, printed, audio and video materials.

4. Carrying out missionary activity in violation of the requirements of the legislation on freedom of conscience, freedom of religion and religious associations -

shall entail the imposition of an administrative fine on citizens in the amount of five thousand to fifty thousand roubles; for legal entities - from one hundred thousand to one million rubles.

5. The violation provided for by paragraph 4 of this article, committed foreign citizen or a stateless person, -

shall entail the imposition of an administrative fine in the amount of thirty thousand to fifty thousand rubles with or without administrative expulsion from the Russian Federation.”;

2) add Article 11.143 with the following content:

“Article 11.143. Failure to comply with the obligations

legislation on transport

forwarding activities

1. Violation by a freight forwarder of the obligation to check the authenticity of the necessary documents and information (data) submitted by the client, information about the properties of the cargo, the conditions of its transportation and other information necessary for the performance of the obligations stipulated by the contract of transport expedition, -

shall entail the imposition of an administrative fine on citizens in the amount of three thousand to five thousand roubles; on officials - from twenty thousand to thirty thousand rubles; for individual entrepreneurs - from thirty thousand to fifty thousand rubles; for legal entities - from fifty thousand to one hundred thousand roubles.

2. Repeated commission of an administrative offense provided for by part 1 of this article -

shall entail the imposition of an administrative fine on citizens in the amount of five thousand roubles; on officials - from thirty thousand to fifty thousand rubles; for individual entrepreneurs - from fifty thousand to seventy thousand rubles or an administrative suspension of activities for a period of up to ninety days; on legal entities - from one hundred thousand to two hundred thousand rubles or an administrative suspension of activities for a period of up to ninety days.

Note. For administrative offenses provided for by this article, persons engaged in entrepreneurial activities without forming a legal entity shall bear administrative responsibility as legal entities.”;

3) in Article 13.6:

a) the name after the words "means of communication" shall be supplemented with the words "or non-certified means of coding (encryption)";

b) the first paragraph after the words “means of communication” shall be supplemented with the words “or non-certified means of coding (encryption) when transmitting messages in the information and telecommunication network “Internet”;

4) Article 13.15 shall be supplemented with part 7 of the following content:

“7. The use of mass media, as well as information and telecommunication networks for the disclosure of information constituting a state or other secret specially protected by law -

shall entail the imposition of an administrative fine on legal entities in the amount of four hundred thousand to one million rubles.”;

5) in article 13.30:

a) the name shall be supplemented with the words ", or non-observance by the telecom operator of the established procedure for identifying subscribers";

b) in the first paragraph, the words “either non-submission” shall be replaced by the words “or non-submission”, after the words “with the subscriber of the agreement,” add the words “or non-compliance by the telecom operator with the established procedure for identifying subscribers,”;

6) in Article 13.31:

a) in Paragraph 2 of Part 2 the words "from three hundred thousand to five hundred thousand rubles" shall be replaced by the words "from eight hundred thousand to one million rubles";

b) add part 21 of the following content:

“21. Failure by the organizer of the dissemination of information on the Internet to fulfill the obligation to provide the federal executive authority in the field of security with the information necessary for decoding the received, transmitted, delivered and (or) processed electronic messages, -

shall entail the imposition of an administrative fine on citizens in the amount of three thousand to five thousand roubles; on officials - from thirty thousand to fifty thousand rubles; for legal entities - from eight hundred thousand to one million rubles.

7) in Part 1 of Article 15.271, the words “279 and 360 of the Criminal Code of the Russian Federation, or” shall be replaced by the words “279, 360 and 361 of the Criminal Code of the Russian Federation, or for financing or other material support of a person in order to commit at least one of these crimes , or";

8) in Part 1 of Article 23.1, after the words "Article 11.71" add the words ", Part 2 of Article 11.143", the words "Parts 2 and 3 of Article 13.31" shall be replaced by the words "Parts 2-3 of Article 13.31";

9) in article 23.36:

a) in part 1 the words "Articles 11.142, 11.15," shall be replaced by the words "Article 11.142, part 1 of Article 11.143, Article 11.15,";

b) in part 2:

paragraph 1 after the figures "11.142," shall be supplemented with the words "Part 1 of Article 11.143, Articles";

clause 2 after the words "Part 2 of Article 11.14," shall be supplemented with the words

"Part 1 of Article 11.143,";

paragraph 3 after the words "Part 2 of Article 11.14," shall be supplemented with the words

"Part 1 of Article 11.143,";

paragraph 4 after the words "Part 3 of Article 11.14," shall be supplemented with the words

"Part 1 of Article 11.143,";

10) in part 2 of article 28.3:

a) Item 1 after the numbers "5.22," shall be supplemented with the numbers "5.26,";

b) Paragraph 44 after the words "Article 11.71," shall be supplemented with the words "Part 2 of Article 11.143,";

c) in paragraph 56 the words "parts 2 and 3 of Article 13.31" shall be replaced by the words "parts 2-3 of Article 13.31".

No. 87-FZ "On Forwarding Activities" (Collected Legislation of the Russian Federation, 2003, No. 27, Art. 2701) the following changes:

1) Clause 5 of Article 3 shall be declared invalid;

2) in Article 4:

"1. The freight forwarder is obliged to provide services in accordance with the freight forwarding contract. When concluding a freight forwarding contract, the forwarder is obliged to check the accuracy of the necessary information provided by the client (data about an individual or information about a legal entity that is a party to the freight forwarding contract), and then reflect it in the contract. It is not allowed to enter such information into the transport expedition agreement without checking its reliability.

b) clause 4 shall be stated in the following wording:

"4. When accepting the cargo, the forwarder is obliged to check the accuracy of the necessary documents submitted by the client, as well as information about the properties of the cargo, the conditions of its transportation and other information necessary for the forwarder to fulfill the obligations stipulated by the freight forwarding agreement, and then issue the forwarding document to the client and present the original contracts to the client, concluded by the freight forwarder in accordance with the freight forwarding contract on behalf of the client on the basis of a power of attorney issued by him.”;

3) in paragraph 1 of Article 6 the words "of the Russian Federation and this Federal Law" shall be replaced by the words "of the Russian Federation, this Federal Law and other federal laws".

No. 126-FZ “On Communications” (Collected Legislation of the Russian Federation, 2003, No. 28, Art. 2895; 2006, No. 31, Art. 3452; 2007, No. 7, Art. 835; 2010, No. 7, Art. 705; No. 31, item 4190; 2012, No. 31, item 4328; No. 53, item 7578; 2013, No. 48, item 6162; 2014, No. 19, item 2302; No. 30, item 4273; No. 49 , Article 6928; 2015, No. 29, Article 4383; 2016, No. 15, Article 2066) the following changes:

1) Paragraph 1 of Article 46 shall be supplemented with the following paragraph:

“upon receipt of a relevant request from the body carrying out operational-search activities, the provision of communication services in the event of failure to confirm within fifteen days that the personal data of the actual users correspond to the information stated in the subscription agreements.”;

2) in Article 64:

a) point 1 shall be stated in the following wording:

"1. Telecom operators are obliged to store on the territory of the Russian Federation:

1) information about the facts of reception, transmission, delivery and (or) processing of voice information, text messages, images, sounds, video or other messages of users of communication services - within three years from the date of completion of such actions;

2) text messages of users of communication services, voice information, images, sounds, video, other messages of users of communication services - up to six months from the moment of their acceptance, transmission, delivery and (or) processing. The procedure, terms and volume of storage of the information specified in this subparagraph are established by the Government of the Russian Federation.”;

b) add paragraph 11 with the following content:

"eleven. Telecom operators are required to provide authorized government bodies carrying out operational-search activities or ensuring the security of the Russian Federation, the specified information, information about users of communication services and about the communication services provided to them, and other information necessary to fulfill the tasks assigned to these bodies, in cases established by federal laws.

Introduce the following amendments to the Housing Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2005, No. 1, Art. 14; 2008, No. 30, Art. 3616; 2014, No. 30, Art. 4218):

1) Part 3 of Article 17 shall be stated as follows:

“3. It is not allowed to place industrial production in residential premises, as well as to carry out missionary activities in residential premises, with the exception of cases provided for by Article 16 of the Federal Law of September 26, 1997 No. 125-ФЗ “On Freedom of Conscience and on Religious Associations.”;

2) Article 22 shall be supplemented with part 32 of the following content:

“32. The transfer of residential premises to non-residential premises for the purpose of carrying out religious activities is not allowed.”.

Include in Article 101 of the Federal Law of July 27, 2006 No. 149-FZ "On Information, Information Technologies and Information Protection" (Collected Legislation of the Russian Federation, 2006, No. 31, Art. 3448; 2014, No. 19, Art. 2302) the following changes:

1) clause 3 shall be stated in the following wording:

“3. The organizer of the dissemination of information on the Internet is obliged to store on the territory of the Russian Federation:

1) information about the facts of acceptance, transmission, delivery and (or) processing of voice information, written text, images, sounds, video or other electronic messages of Internet users and information about these users within one year from the date of completion of such actions;

2) text messages of Internet users, voice information, images, sounds, video, other electronic messages of Internet users up to six months from the moment of their acceptance, transmission, delivery and (or) processing. The procedure, terms and volume of storage of the information specified in this subparagraph are established by the Government of the Russian Federation.”;

2) add paragraph 31 with the following content:

“31. The organizer of the dissemination of information on the Internet is obliged to provide the information specified in paragraph 3 of this article to the authorized state bodies carrying out operational-search activities or ensuring the security of the Russian Federation, in cases established by federal laws.”;

3) add paragraph 41 with the following content:

“41. The organizer of the dissemination of information on the Internet is obliged, when using additional coding of electronic messages for receiving, transmitting, delivering and (or) processing electronic messages of Internet users, and (or) when providing Internet users with the possibility of additional coding of electronic messages, to provide information necessary for decoding received, transmitted, delivered and (or) processed electronic messages to the federal executive body in the field of security.

Article 4 of the Federal Law of February 9, 2007 No. 16-FZ “On Transport Security” (Collected Legislation of the Russian Federation, 2007, No. 7, Art. 837; 2011, No. 30, Art. 4590; 2014, No. 6, Art. 566 ) add part 7 of the following content:

“7. The procedure for interaction between federal executive authorities, state authorities of the constituent entities of the Russian Federation, local authorities, transport infrastructure entities and carriers when verifying information about the threat of an act of unlawful interference at a transport infrastructure facility and (or) vehicle is established by the Government of the Russian Federation on the proposal of the federal executive body that performs the functions of developing public policy and legal regulation in the field of transport, agreed with the federal executive body in the field of ensuring the security of the Russian Federation and the federal executive body responsible for developing state policy and legal regulation in the field of internal affairs.

Include in paragraph 3 of Article 1 of Federal Law No. 345-FZ of December 27, 2009 “On the Territorial Jurisdiction of District (Navy) Military Courts” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2009, No. 52, Art. 6421; 2014, No. 26, Art. 3360) the following changes:

1) in the second paragraph, the words “second - ninth, eleventh and twelfth” shall be replaced by the words “second, sixth, seventh and ninth”;

2) add a paragraph with the following content:

"The jurisdiction of the Volga District Military Court extends to the territories of the constituent entities of the Russian Federation specified in paragraphs three through five, eight, eleven and twelve of paragraph 1 of this article."

“On the safety of fuel and energy complex facilities” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2011, No. 30, item 4604) shall be supplemented with Part 5 as follows:

"5. The procedure for interaction between federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments and entities of the fuel and energy complex when checking information about the threat of an act of unlawful interference at the facility of the fuel and energy complex is established by the Government of the Russian Federation.

1. This Federal Law shall enter into force on July 20, 2016, except for the provisions for which this article establishes a different date for their entry into force.

2. Paragraph four of subparagraph "a" of paragraph 2 of Article 13 and paragraph four of paragraph 1 of Article 15 of this Federal Law shall enter into force on July 1, 2018.

Yarovaya law(also the Yarovaya package or the Yarovaya-Ozerov package). What is it saying in simple terms? Let's see what's in store for us...

The Yarovaya Law is two federal laws that amend the Federal Law “On Combating Terrorism”, some separate laws in terms of establishing additional measures against terrorism, as well as in the Criminal Code in terms of establishing measures against terrorism.

Links to these federal laws (No. 374-FZ and No. 375-FZ) are at the end of this article. But let's try to figure out what all these changes mean for ordinary citizens. Conventionally, the changes can be divided into 4 parts:

  • Expanding the powers of law enforcement agencies.
  • New requirements for mobile operators and Internet projects.
  • New requirements for forwarding carriers and postal operators.
  • Strengthening the regulation of religious missionary activity.

We will definitely analyze the main points that affect the subject of "equipment and technology", but first - a little history.

Irina Yarovaya, Alexey Pushkov, Nadezhda Gerasimova And Viktor Ozerov submitted in April 2016 to the State Duma for consideration bills aimed at combating terrorism and extremism. These bills quickly passed three readings in the State Duma, the Federation Council, and already on July 7, 2018 were signed by the President of the Russian Federation. Most of the amendments came into force on July 20, 2016, but this does not apply to those that caused the greatest resonance - the storage of telephone conversations, SMS, audio, video and text messages in instant messengers and other Internet traffic.

The Criminal Code and the rights of investigators.

The rights of investigators have been expanded - now they are allowed to receive information from electronic correspondence. Previously, this was also possible, but only by court order.

In a number of criminal articles, the terms for crimes related to terrorism and extremism have been increased, and reasons have been added for a ban on leaving the country and entering it.

Three new offenses have appeared - "commission of an act of international terrorism", "assistance to extremist activity", "failure to report a crime of a terrorist nature".

Storage of calls, sms, internet traffic

And here, perhaps, is the point that caused the greatest indignation among citizens. Telecom operators must store all calls of subscribers, as well as their messages for a period determined by the government (currently 6 months). Also, operators must store all information about the facts of receiving, transmitting, delivering and processing messages and calls for the last three years.

All Internet companies and Internet services (Odnoklassniki, VKontakte, etc.) must store the following information: pseudonym (login), date of birth, address, full name, passport data, languages ​​spoken by the user, a list of his relatives, all audio and text messages, video recordings, e-mail address, date and time of entry and exit from the information service, the full name of the client program used by the subscriber. Internet companies and services should provide all this information to special services.

But that is not all. Telecom operators providing telematic services (that is, services via the Internet, such as e-mail, instant messengers, etc.) are required to store all messages and files transmitted through them. The storage period for messages and files is 30 days. Every year for 5 years, this period should increase by 15%.

Encryption tools

From now on, all encryption tools must be certified. The use of other means of encoding information is prohibited. For violation - a fine of 3 to 5 thousand rubles with confiscation of encryption. However, all this concerns information constituting a state secret. Information transmitted, for example, in instant messengers, is not such, therefore, certification is not required there.

However, the "Yarovaya law" requires the organizers of the dissemination of information on the Internet to be able to decode information. That is, all the same messengers must have encryption keys, which, at the request of the FSB, must be transmitted to them. Telegram faced such a problem not so long ago.

This part has already entered into force in 2016.

Explicit disadvantages of the Yarovaya Law

The fight against terrorism is, of course, good. But the Yarovaya Law has many significant disadvantages:

  • Execution cost. Means of information storage (drives), system, etc. will cost several trillion rubles + more maintenance. One could feel sorry for telecom operators and Internet companies, but it is unlikely that they themselves will pay for the Yarovaya Law, rather, their subscribers, that is, citizens of the Russian Federation. The deterioration and rise in prices of tariffs has already begun.
  • Secret of correspondence. According to the constitution, it seems to exist ... only by a court decision can it be violated. But then the "Spring Law" appears ... and that's it. There is no more secret correspondence.
  • Fight against extremism. Not only terrorism, but also extremism falls under many clauses of the Yarovaya Law. And extremism is a commitment to extreme views, methods of action (usually in politics). So it is recommended to be extremely careful to express everything in the same in social networks…especially considering last news on raising the retirement age, utility tariffs, VAT, etc. I think you may have noticed that quite a few cases of extremism have recently been considered, in which posts and reposts on Vkontakte appeared. And here I am not saying that the fight against extremism is bad, but that it is not so difficult to make the case “extremist”.

Official documents

"Federal Law of July 6, 2016 No. 374-FZ" - read the full version of the law.

"Federal Law of July 6, 2016 No. 375-FZ" - read the full version of the law.

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Video about Yarovaya Law. What is it, what awaits us in 2018

All content is from this post. If you read the article, then you can not watch the video.

On the last day of work, the State Duma of the sixth convocation adopted one of the most resonant bills of recent years.


How the law was passed


The bill was submitted to the State Duma on April 7 by deputy Irina Yarovaya and member of the Federation Council Viktor Ozerov. They explained the initiative with "new problems" with international terrorism. In the first reading, the draft was adopted on May 13.

In the second and immediately in the third reading, the draft was adopted on June 24. The final amendments were distributed to the parliamentarians a few minutes before the discussion. As a result, the project was noticeably relaxed. 287 deputies voted for the draft in the third reading, 147 voted against, one abstained.

What is the purpose of the amendments


Allow employees of the FSB and the Foreign Intelligence Service to “receive free of charge from government agencies and state non-budgetary funds” access to information systems and databases.

To classify as search activities the receipt by law enforcement agencies of "computer information", including access to e-mail, SMS messages.

To oblige postal operators to “take measures” to ensure that weapons and other “dangerous” items are not sent by mail.

Increase for telecom operators and Internet companies the period of storage of information about the facts of reception, transmission, delivery and (or) processing of voice information and text messages, as well as images, sounds or other user messages up to three years (now - six months). On the day the law was adopted, the authors made concessions and agreed to increase this period to only one year.

Regulate missionary activity. For example, it is forbidden to preach in living quarters.

Toughen punishments for terrorism and extremism, as well as supplement the Criminal Code with new offenses in this category.


Deprivation of citizenship of those who become involved in terrorist and extremist activities. Those suspected of such involvement should be banned from traveling abroad.

By the second reading, it was decided to abandon these types of punishment.

Imprisonment for a term of five to ten years for "inducing, recruiting and otherwise involving" in committing mass riots.

Imprisonment from 10 to 20 years for creating a terrorist organization.

The number of criminal articles, the responsibility for which comes from the age of 14, is increasing.

Fine for legal entities for using the media and the Internet to disclose state secrets - from 400 thousand to 1 million rubles.

What are the dangers of amendments and how they were accepted


The proposed rules on deprivation of citizenship do not comply with Art. 6 of the Constitution of the Russian Federation (“a citizen of the Russian Federation cannot be deprived of his citizenship or the right to change it”).

None of the heads of other responsible Duma committees was involved in the development of Irina Yarovaya's amendments.

The innovations came as a surprise to religious leaders: they were not consulted when drafting the law.

The legal department of the State Duma noted that the increased punishment for complicity in the commission of terrorist crimes in some cases will lead to a more severe punishment than for their commission.

According to telecom operators, the implementation of the requirements of the bill will deprive them of their net profit and leave the budget without tax deductions.

The Yarovaya Law, commonly known as the Yarovaya Package, is a set of bills passed by the State Duma on July 6, 2017. The event caused a great resonance in society. In the independent media and the Internet community, these laws were criticized in almost all directions, although initially the goal was positive and correct - countering extremism and terrorism.

Why are measures with extremely noble goals so unpopular? To understand this, you need to consider that this is Yarovaya's law (in simple words), and also answer a number of questions that will be discussed in detail below. And now a little about the author of the project.

About the author of the project: Irina Yarovaya

The federal law Yarovaya is named after the current deputy from the United Russia party, Irina Anatolyevna Yarovaya. Since 2008 she has been a member of the General Council. The beginning of Irina Anatolyevna's political career strongly contradicts her current position in politics. She began her activities in the Yabloko party, which is in opposition to her current party affiliation.

Some time ago, Irina Anatolyevna, as a member of the Council of Deputies in the Kamchatka region, headed the Yabloko faction and actively opposed the policy of United Russia. She repeatedly ran for the State Duma, without stopping her political activities in Yabloko and being in opposition to the leadership of the Kamchatka region.

In 2003, Irina Anatolyevna was offered to go to " United Russia' but she refused. In 2007, she left the Yabloko party and moved to United Russia, as she wanted to move to Moscow for permanent residence. According to the results of the regular elections, she took second place, but still received a deputy mandate due to the fact that the winner refused it.

In the Duma, she became known for the creation of bills that dealt with restrictions on holding rallies, tightening migration policies, and many other areas. Her most famous brainchild in the political field was the Yarovaya Law. We will consider its essence further.

The essence of Yarovaya's amendments to the Criminal Code

Spring law - what is it? In simple words, these are two separate bills that introduce several amendments to the Federal Law “On Combating Terrorism” and other regulations that relate to the same issue, as well as to some articles of the Criminal Code. Both parts of the package were accepted on July 6, 2017.

The first part is Law No. 374-FZ. According to the Yarovaya law, the operators mobile communications and providers are required to store a wealth of user data on their servers until required by law enforcement or other authorized agencies. Information about visiting Internet pages, recording calls and messages will be stored. This part of the Yarovaya federal law caused the greatest public outcry, because the Russians considered it a violation of the right to privacy.

The second part is Law No. 375-FZ. The text of the law introduces several amendments to the Criminal Code of the Russian Federation. The terms for articles on promoting terrorism, participation in terrorist and extremist activities, campaigning for these types of activities, as well as for many other articles related to countering this illegal activity, have been extended. Federal law allows teenagers from the age of 14 to be held criminally liable for participation in terrorist groups. One of the innovations is "non-reporting", that is, not reporting a crime. Since the entry into force of the Yarovaya law, this has been a criminal offense.

The term "act of international terrorism" has become a new definition. In short, this is the commission of a terrorist act outside the Russian Federation, if the citizens of the Russian Federation, their lives and integrity were endangered. In addition to the main points, the law introduces a huge number of amendments and additions to the legal field of the Russian Federation regarding terrorist activities.

The texts of laws (document No. 374-FZ consists of nineteen articles, No. 375-FZ - of four) are easy to understand. They can be found on the official website of the government of the Russian Federation. They are written in plain language, which excludes any other interpretation than was intended by the author.

What threatens the law to citizens of the Russian Federation

The essence of Yarovaya's laws is outlined above. On July 20 last year, the project came into force. What does this mean for Russian citizens? Religious beliefs and organizations are not prohibited, but disseminating information about them to people who have not clearly expressed their desire to know something, and without special permission, is now punishable. The fine will be 50 thousand rubles for individuals and up to 500 thousand for organizations.

Storage by operators of data (all calls and correspondence of Russians) for up to six months and contact history for up to three years threatens to increase the cost of communication. To store the data of one person, the operator will have to buy ten external drives of four terabytes, which is about $ 1,700.

All telecommunications companies are required to decrypt users' personal information for the FSB. The authorities can access money transactions and private messages. The Human Rights Council said that the law is contrary to the Constitution. And you need to come up with a decryption technology. Most of the world's companies will not agree to this, because the encryption key storage center can become a bait for intruders. They will also "look" not only into email, but also in the usual. Therefore, the parcels will begin to be scanned.

According to the Yarovaya law, in Russia now, from the age of 14, teenagers can be held criminally liable under 32 articles (instead of 22). Underage citizens are now responsible for participating in riots: hijacking an aircraft, inciting ethnic hatred in social networks. For most of the articles relating to terrorism and extremism, the penalties have been toughened. All this is only a part of what Yarovaya's amendments contain.

Conditions for telecom operators

What is this - Yarovaya's law? In simple terms, this is a violation of subscribers' rights to privacy, but supporters of the package implementation say otherwise. There is an opinion that this is a necessary part of the law, which will make it possible to more effectively counter terrorism. The first legislative act of the package amended the work of operators and providers, as well as telecommunications companies. These organizations are now required to create databases and store user conversations and messages. The data will be stored in data centers and transferred to law enforcement agencies at the request of the latter.

In addition to interfering with privacy, this law involves a rise in price cellular communication, which was not reported to their subscribers by cellular operators. Storing such volumes of data is a very costly procedure that requires significant costs that are comparable to the budgets of entire countries. Huge funds require the construction of a data center and ensuring the smooth operation of the network. Currently, there is talk of softening this clause, but it is not yet known whether the repeal of the law or the authorities will make something fundamentally new out of it.

Working conditions for logistics companies

There are also amendments to the Federal Law “On transport and forwarding activities”. Freight forwarders are now required to conduct a complete and meticulous check of documents, as well as information about the cargo, the nuances of transportation. The Yarovaya law for transport companies promises huge costs for logistics and transport companies. The money is needed to buy special screening equipment and other equipment. Of course, the cost of delivery of goods will also increase. According to some analysts, in the future this could bring down the Internet commerce market in Russia by 40%.

Countering terrorism

Now, unregistered means of encryption are banned, and a fine of three to five thousand rubles is imposed for violation. In addition, the coding tool itself will be confiscated from the violator. The draft laws of Yarovaya provide for the avoidance of conflicts based on religious affiliation. For this reason, representatives of religious organizations and societies were forbidden to go to apartments and houses and introduce people to their faith. It is worth talking about Yarovaya's law on missionary activity separately.

Missionary activity

Missionary activity (distribution) is now forbidden to anyone who does not have official permission. But even for officially registered religious groups, there are several serious restrictions. Representatives of the organization must have all the papers that confirm their belonging to a registered organization, all publications and materials for distribution (flyers, leaflets, booklets) must be marked with a special marking. Violation of the amendment provides for liability in the form of a monetary fine.

When does it take effect

The Yarovaya Law (at least most of the amendments) have already been implemented since July 20, 2017. The age threshold for legal liability for terrorist activities and assistance to extremism has been lowered, amendments to the Criminal Code of the Russian Federation, acts relating to missionary activities, and restrictions for transport companies have come into force. When does the Yarovaya law come into force in full? The most resonant part of the project - the restriction of the work of mobile operators, telecommunications companies and Internet providers comes into force on July 1, 2018. Politicians considered that by this time the technical and regulatory framework would be prepared, and all disagreements between the government and society regarding the implementation of such large-scale changes would be resolved.

Actual news

On this moment the government is actively discussing the process of implementing all the points of the bill. The stumbling block is the storage of user data. According to preliminary estimates alone, the cost of implementing the Yarovaya law for telecommunications companies and telecom operators will be about 5 trillion rubles.

In January 2018, the Ministry of Communications and Communications stated that the cost could be reduced to 100 billion rubles, but subject to the completion of the project. They want to remove the history of online video and torrent downloads from the list of data for storage. Due to the reduction in the amount of data, there will be no need for large storage.

Cellular operators are calling for even bigger changes. Company representatives say that only voice calls and messages should be stored, otherwise the implementation of the law will lead to a significant rise in the cost of communication. This item is not yet fully ready for implementation. Now there are heated discussions and heated debates around the Yarovaya law on data storage. To bring it to life, most likely, you will still have to slightly weaken individual points.

How the law works in practice

A year has passed since the implementation of the Yarovaya law, the main mechanisms of the project have been considered, which means that it is already possible to look at how the amendments work in practice. The most widely discussed and sad case was the murder of Andrei Karlov, a Russian diplomat in Turkey. On December 19, 2017, a terrorist shot and killed the Russian ambassador at a photography exhibition in Ankara. The killer shouted Islamic slogans and threatened the visitors of the event with a weapon. The perpetrator called it revenge for the actions of the Russian Federation in Syria. On the occasion of the murder of the Russian ambassador, a case was opened under the article “committing an act of international terrorism”, which was introduced by the Yarovaya amendments.

The article on missionary work had shown itself several times over the previous year. The most famous event is the detention of D. Ugai (pictured). Administrative proceedings were initiated against him for giving a lecture on yoga. The young man was blamed not for the lecture itself, but for promoting Hinduism. But the court decided to stop the proceedings.

These are the most discussed cases in the media and society of the implementation of the Yarovaya law. What is this? In simple words, this means that the amendments work and give certain results. Admittedly, there are still a few shortcomings. The question of the positive or negative effect of the project implementation is completely subjective.

Information Security

So is the Yarovaya law (the text of the law in simple words presented above) an attempt on information security personality or not? This issue still causes heated debate between supporters and opponents of the amendments. Certainly, telephone conversations of an individual citizen should be personal, should not be tapped by anyone except the interlocutor at the opposite end of the wire. But these conversations will not be tapped. They will simply be stored on the servers of the telecommunications company and will be required by the structures only if a citizen is suspected of complicity or involvement in terrorist activities.

The Yarovaya package has and weak sides, and strong. Some shortcomings can be interpreted in two ways and used to the detriment of citizens. Therefore, it is a personal matter for everyone to choose which side of the barricades to be on. Supporters of the project will say that these are necessary measures in connection with the spread of the terrorist threat and the build-up of the power of extremist organizations (like ISIS), which are banned in Russia. Opponents are of the opinion that the terrorists will find some way to circumvent all these restrictions, and the implementation of the bill will only increase the cost of communication and violate the right to privacy.

Both supporters and opponents of the Yarovaya package are right. In some ways, the law makes a significant contribution to the fight against terrorism, but in some ways it only harms the economy. But do not forget that some of the most important points of the project are still being discussed.

Yarovaya package analogs

In the European Union, from 2006 to 2014, there was a European Commission directive requiring data to be stored for at least six months. In 2014, the directive was repealed, and the issue was further regulated by national governments.

In the UK, a law was passed in 2014 requiring operators to store user data. True, the act was soon challenged in the court of the European Union. Experts then calculated that the cost of implementing such a project would be about 180 million pounds (that's about 15 trillion rubles). However, the largest telecommunications company in the United Kingdom (32% of the market mobile operators) believes that innovations will cost this amount only for her alone.

In Germany, operators must store data for six months, and in 2016 the government introduced regulations that reduced this to ten weeks. In addition, the list of cases in which law enforcement agencies may require this information has been significantly reduced.

In Australia, operators store subscriber data for the last two years. With a population of 23 million people, it cost 400 million Australian dollars (18 trillion Russian rubles), and operating expenses amounted to four dollars per subscriber per year. The government has compensated for the costs of innovation and the creation of the necessary infrastructure, but operating costs are charged to subscribers.

Infamous intelligence officer Edward Snowden in 2013 gave reporters information that the United States National Security Agency had developed information system, which allows you to collect any information about subscribers over telecommunication networks. Experts say that the NSA recorded more than 1.7 billion conversations and messages daily, and also made about five billion records of the location of phone owners around the world, not just in America itself. Of course, the government did not inform the citizens about this.

Russian President Vladimir Putin has signed the Yarovaya antiterrorist package, his spokesman Dmitry Peskov said.

"The President signed a package of documents, amendments to the law on measures to counter terrorism," Interfax quoted Peskov as saying. Also, he added, a list of instructions to the government was signed.

"The government will strictly monitor how this law will be implemented, and if any really undesirable manifestations are revealed, it will take appropriate measures on behalf of the president," Peskov explained.

Putin instructed the FSB to "approve the procedure for certifying the means of coding (encryption) for the transmission of messages" on the Internet, according to the Kremlin's website. The President instructed the Ministry of Industry and Trade and the Ministry of Communications "to analyze and submit proposals regarding the possibility, timing and volume of financial costs in order to organize the production of domestic equipment and create a domestic software necessary for the storage and processing of voice information, written text, images, sounds, video or other electronic messages of users".

July 7, 15:01 In 2016, communication prices will not increase, assured the Minister of Telecom and Mass Communications of Russia Nikolai Nikiforov. He did not comment on the possible increase in tariffs in 2017 and 2018.

"We can say with confidence: in 2016, no increase in prices for communication services is expected as a result of the adoption of a package of anti-terrorist laws," TASS quoted Nikiforov as saying.

July 7, 19:14 The Federal Antimonopoly Service (FAS) of Russia will check the validity of the increase in communication tariffs if operators explain their increase by fulfilling the requirements of the antiterrorist package of laws. This was told to TASS by the head of the communications and information technology regulation department of the Federal Antimonopoly Service Elena Zaeva: "If there is an increase in prices, we will investigate it. We believe that additional investments will be needed, but we cannot say about the volume, we have no data for this."

July 8, 10:42 am The collection of signatures against the "Yarovaya package" has begun on the website of the Russian Public Initiative. "This law requires a lot of money and can lead to the bankruptcy of many Internet companies, and reduce the state's income from taxes received from them. It also infringes on human rights," the authors of the initiative say.


July 8, 15:13 Russian Post will have to spend 500 billion rubles to fulfill the provisions of the Yarovaya package. This money will be used to purchase special equipment and attract trained specialists to all 42,000 post offices, the state-owned company said. Interfax writes about this:

“At the same time, more than 100 billion rubles will need to be allocated annually for its maintenance and remuneration of personnel providing control over the admission postal items", the message says.

Russian Post is required by law to check parcels for the presence of explosives and poisonous substances. In addition, the postal operator is obliged to take measures to prevent weapons, explosives, poisonous plants and animals, drugs, poisons, money, perishable products from being sent by mail. To do this, postal workers can use X-ray machines, radioscopic devices, metal detectors, gas analyzers, chemical equipment, and other devices that help detect weapons and explosives.

“Given the scale and vast geography of our country, the implementation of legislative changes will require serious study and resources, both in terms of their technical and financial support,” Russian Post notes.

According to the postal operator, the law requires "a more detailed study and understanding of both the volume of real financial costs and their sources, so that its implementation does not affect the efficiency of the functioning of the most important social infrastructure of the state, which has always been and remains the postal service."

July 9, 12:23 The Russian Post admitted that because of the "Yarovaya package" they would accept parcels open, RBC reports with reference to Sergey Malyshev, deputy general director for the forwarding business of the state-owned company. The post office can start working this way if "the law does not oblige to equip all 42,000 post offices with expensive X-ray television equipment."

Malyshev recalled that this "practice has already been repeatedly used in post offices during events requiring increased security measures, for example, during the Winter Olympic Games in Sochi."

July 13, 11:20 Because of Yarovaya's "package", the average cost of parcel delivery could increase by 60% - up to 400 rubles per item, Vedomosti writes, citing Alexander Ivanov, president of the National Association of Distance Selling.

According to Ivanov, as a result, people will buy 30-40% less in online stores: buyers are unlikely to be interested in goods whose delivery costs more than they do.

July 14, 14:55 Moscow City Hall agreed holding a rally against the "Yarovaya package" - it will be held on July 26 from 18:00 to 20:30 on Yauzskiye Vorota Square in the center of Moscow.

July 22, 11:58 The mayor's office did not allow the rally, said Alexei Mayorov, head of the capital's regional security department.

"On July 26, a group of citizens on behalf of Leonid Volkov, Ivan Zhdanov and Yevgeny Zamyatin filed an application related to the protection of articles 23 and 24 of the Constitution and freedom of the Internet. During the execution, the approval procedure was not properly followed. As a result, the rally was denied ", Mayorov told Interfax.

Leonid Volkov, one of the organizers, wrote on his blog that the mayor's office banned the rally "for far-fetched reasons":

On July 11, they submitted an application for holding a rally on July 26 on Slavyanskaya Square; three days later, on July 14, the mayor's office responded by suggesting that the rally be moved to the Yauza Gate Square. Although their proposal was not motivated (it did not contain any reference to any of the legal reasons for postponing the rally), we, following our strategy, immediately agreed. I was in Novosibirsk at the trial, so that same evening Ivan Zhdanov, one of the three applicants, took our consent to the transfer to the mayor's office.

According to the law on mass events, from that moment on, the rally is considered coordinated. Dot. There can be no discrepancies here, and the practice of holding rallies in recent years has fully developed.

Suddenly yesterday, July 21 in the evening - a week after the agreement! - Zhdanov is summoned to the mayor's office and they say: "You know, we changed our minds." And they give a formal reason: you know, here you have three applicants (this is standard practice - formally one is responsible for the general organization, one for medicine and one for security), and in your consent to the transfer proposal - only one signature (Zhdanova). "So we believe that you did not agree to the postponement, so the rally is not agreed."

This, of course, is nonsense. We hold rallies not for the first and not for the tenth time, the procedure is standard and based on the law, she always arranged the mayor's office, as she arranged, and throughout the week - until yesterday evening. It is quite obvious that some boss from among the real authors of the Yarovaya package called them and threw a tantrum, only this can explain the actions of the mayor's office.

July 26, 13:35 The organizers of the rally are submitting a new application - for 19:00 Tuesday, August 9. Details on his blog are published by Leonid Volkov.

August 1, 10:09 The city authorities agreed on a rally on August 9, but offered to hold it in Sokolniki Park, and not on the Yauza Gate Square, Vasily Oleinik, the first deputy head of the Moscow Department of Regional Security and Anti-Corruption, told RIA Novosti. “We offered them to hold a public event in the park, in Sokolniki… There is no answer yet,” he said.

August 2, 12:35 The organizers of the rally agreed to hold it on August 9 in Sokolniki, RIA Novosti reports.

August 4, 02:47 Russia does not produce the equipment needed to fulfill the Yarovaya package, the Izvestiya newspaper reports, citing sources close to the Ministry of Communications. The information was confirmed to the publication by MegaFon, Beeline and MTS.

“We know what equipment the Ministry of Telecom and Mass Communications plans to recommend, but we haven’t seen the document [sent to the Ministry of Industry and Trade],” said Dmitry Petrov, Director for Government Relations at MegaFon. - "Megafon" periodically carries out purchases of similar equipment. Russian companies did not participate in these purchases, and we do not know that they produce such equipment.

The official representatives of MTS company Dmitry Solodovnikov and VimpelCom company Anna Aibasheva also confirmed that Russia does not produce the entire line of equipment to implement the requirements of the law.

Moreover, certain types of hardware and software systems, for example, for removing, cataloging and storing an array of information, are not mass-produced not only in Russia, but also in the world, Solodovnikov noted.

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