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«ANTIKLVETA» (ANTILIBEL)

The non-governmental All-Russia social movement «ANTIKLVETA» was organized at the beginning of December 2004.

Among the founders are:

Markaryan Ruben – senior editor’s deputy of the journal "Human and Law", the leader of the Center for legal support and president judge deputy of Arbitration court of All-Rassia Social Movement "Boyevoye Bratstvo" (Battle Brothrhood), Chairman of Council in Law Corporation "RUSSICH", advocate (lawyer);
Slusar Natalia – senior editor of the journal "Human and Law"; leader of the Legal Department of Eurasian Economic Community, state counselor of justice of the 3-rd class, doctor of legal science.
Denisov Oleg – deputy of State Duma of RF, deputy chairman of Education and Science Committee at State Duma;
Terentyev Alexandr - senior editor’s deputy of the journal "Human and Law", the secretary of “Neftegazstroy Trade Union” for large-scale organizational work;
Gaev Dmitrij – Head of GUP "Moscow Metropolitan";
Zverev Sergey – all-around champion in the World and Europe of hairdressing art, fourfold holder of the national prize “Ovatsiya", top-stylist.

The purposes of the social movement «ANTIKLEVETA" are, in particular:

  • Coordination of efforts of social, state and commercial organizations for exclusion of promulgation of false facts, discrediting honor and dignity of a human and citizen;
  • Organization and execution of cultural large-scale entertainment events aimed at attraction of public attention to the pressing problem of libelous actions, ruining reputation of a person in society.

Citizens of the RF older than 18, citizens of foreign states and persons without any citizenship, sharing the principal goals of the movement, and also social unions that are legal persons, showing solidarity with charter purposes of the movement may participate in the movement.

The bodies administering the movement are:

  • Convention of members
  • Coordination council of the movement.

Coordination council consists of movement members who have been publicly discredited and have taken active measures to restore their fair name, and who have made their socially significant contribution in the battle with libelers.

  • Brief historic information
  • Code of the movement
  • Form to be filled by the participants of the movement
  • Regulations for LIPA GODA Awards
  • List of prize-winners of “LIPA GODA 2004” competition
  • Information about events
  • Address of the movement’s participants to the President of the RF V. Putin
  • Address of the movement’s participants to the Prosecutor-General V. Ustinov (with explanatory note)
  • Statistics of the constituent entities of RF prosecutors about steps taken to elicit facts of libel

BRIEF HISTORIC INFORMATION ABOUT LIBEL

Those who do not condemn libelers, encourage them Svetoniy

1. Laws
Ancient Rome: law about responsibility for defamation (Rex Remmia) under which libeler would be marked on his forehead with the letter "Ñ" (the first letter in the word "ñàlumma" - Latin for calumny). Before that, there existed a custom of cutting off the slanderer’s tongue.
Ancient Greece: libel was considered to be a crime for which a fine was imposed equivalent to the cost of a bull (Laws of Solon).
Ancient China: a tongue of a slanderous person was cut off (at the beginning) and then he was punished depending on the consequences of libel.
Ancient India: libel was considered to be a grave “dirty” offence, that was penalized with either a fine or cutting off the tongue (Laws of Manu).
Babylon: libel connected with a criminal charge was penalized with death penalty (Laws of Hammurapi).
"Barbarian" tribes regarded libel as a crime (Salic Law (VI century)), for which a big fine was imposed (similar to bodily injury) - §§ 3, 6, 7 XXX.
Russia: till the end of 15 century libel was treated leniently. The first reference to libel, "slandering” to be more precise appears only in the Law code in 1497 ã., page 8.

2. Religion
Shariat, Moslem sacred law, punished the libel by whipping - from 80 up to 100 lashes (Surah, page 24).
Torah envisaged a fine of 100 shekels for slanderous speeches (for comparison, the fine for the rape was 50 shekels). "Do not spread gossip among your people" (Vayikra, 19:16).
Bible: libel (evil-speaking) is regarded as one of 12 sins, Law of God direct violation (Lev. 19:16). "Do not slander against each other" (James 4:11).

CONTEMPORARY ATTITUDE
In most of the countries a libeler will be held criminally liable (in 52 out of 55 members of OSCE), whereby this crime is punished along with the fine with a deprivation of freedom.
Russia: criminal responsibility for libel is foreseen in the section 129 of the Criminal code of the RF, and for libel with reference to judge, juror, prosecutor, investigative officer, person conducting inquiry, officer of justice, law enforcement officer in the Section 298 of the Criminal code of the RF.

Section 129 of Criminal Code of the RF "Libel"
1. Libel, the dissemination of false facts, discrediting a person, offending human dignity, tainting a person’s reputation, is punishable by a fine up to eighty thousand dollars or in the amount of the salary or some other income of the convicted offender for the period of six months, or is punishable by obligatory labor for the period from one hundred twenty to one hundred eighty hours, or by corrective labor for the period up to one year.
2. Libel, contained in the public appearance, in the publicly displayed production, in mass media, is punishable by a fine up to one hundred thousand rubles or in the amount of the salary or some other income of the convicted offender for the period up to one year, or with obligatory labor for the period from one hundred eighty to two hundred forty hours, or by corrective labor for the period from one up to two years, or by arrest for the period from three to six months.
3. Libel, connected with criminal charge of grave offence or felony, is punishable by a fine from one hundred up to three hundred thousand rubles or in the amount of the salary or some other income of the convicted offender for the period from one up to two years, or by restraint of liberty for the period up to three years, or by arrest for the period from four to six months, or by deprivation of freedom for the period up to three years.

Section 298 of the Criminal Code of the RF “Libel with reference to judge, juror, prosecutor, investigative officer, person conducting inquiry, officer of justice, law enforcement officer”
1. Libel with reference to judge, juror or other person participating in delivering of justice, in proceedings, is punishable by a fine up to two hundred thousand rubles, or in the amount of the salary or some other income of the convicted offender for the period up to eighteen months, or by corrective labor for the period from one to two years, or by arrest for the period from three to six months, or by deprivation of freedom for the period up to two years.
2. The same action done with reference to prosecutor, investigative officer, person conducting inquiry, officer of justice, law enforcement officer in connection with preliminary investigation or with execution of sentence, enforcement of court decision or court action is punishable by a fine up to eighty thousand rubles, or in the amount of the salary or some other income of the convicted offender for the period up to six months, or by corrective labor for the period up to two years, or by arrest for the period from three to six months, or by deprivation of freedom for the period up to two years.
3.Actions, foreseen in sections one and two of the present article, connected with charge of grave offence or felony, are punishable by deprivation of freedom up to four years.

From the comments to the Section 129 of the Criminal Code of the RF under the editorship of the former Prosecutor-General of the RF, Doctor of Legal Sciences, Professor U.I. Skuratov and the Chief Justice of the RF V.M. Lebedev:

Libel is offence to human dignity, honor, assault to reputation of the citizen.

Honor is a social appraisal of a person, measurement of social, moral characteristics of the citizen as a member of society, which depends to a large extent on the citizen himself, on his behavior, his treatment of other people, society, state.

Dignity is an inner estimation of one’s own qualities, abilities, world outlook, one’s own social value.

Reputation – is an estimation of the person’s social value, his competence, abilities, his interpersonal skills by relatives, friends, colleagues.

The honor, dignity and reputation are interwoven, they characterize a person, are inherent to him and constitute a major spiritual wealth. Moreover, honor, dignity and reputation reflect certain social relationship between a citizen and society, that is why they possess a major social value and are protected among others by criminal law.







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