Preservation of history highlighted as key to Russia protecting its national interests

Today’s geopolitical situation poses significant challenges to a just world order. An order based on principles of equality and openness requires the state to work in a systematic and comprehensive manner so as to preserve the truth – both in relation to national, and global history. Russia has assumed a leading role in this regard, but it must also pay more attention to improving its legislation. This was the conclusion reached at the plenary session of the St. Petersburg International Legal Forum. Among those to speak at the event, entitled Legal Protection of Russia’s National Interests in a World Order Undergoing Transformation, were experts, legal professionals, representatives of security bodies and the Federal Assembly of the Russian Federation, and members of the Russian Government.

The Forum was organized by the Roscongress Foundation with the support of the Ministry of Justice of the Russian Federation.

KEY CONCLUSIONS

The work done by Russia in protecting the world order holds great potential

“In the context of the ongoing special military operation... law enforcement activity and the legal prevention of threats to national security amid the transformation of and changes to the world order are of particular importance. <...> It would appear prudent to focus on a key issue related to the work done by the Investigative Committee of Russia amid the transformation of the world order – namely... the investigation of crimes committed by the Kiev regime. Since 2014, about 5,000 criminal cases have been opened. <...> Facts have been established regarding the recruitment and participation in military action of more than 3,000 mercenaries – adherents of the Nazi regime – from more than 70 countries. Investigators have already sent 296 criminal cases to court concerning 458 service personnel of the Armed Forces of Ukraine and mercenaries. These cases have resulted in 250 verdicts being handed down, with 32 individuals sentenced to life imprisonment,” Alexander Fedorov, Deputy Chairman, Investigative Committee of the Russian Federation.

Russia’s constitutional foundations provide full protection for society’s legal values

“For the first time ever, our nation’s key legal document makes reference to all of us as forming part of a crucial definition – that of national interest. The Constitution contains a set of values that preconfigure the powers of the President of Russia and the formation of national interest. <...> The values set out in our Constitution are extremely important. They include the traditional institution of the family, the marriage of a man and a woman, the unconditional care of the state for children, the protection of ancestral memory, and the continuity of generations. These are the vital moral benchmarks that determine the pathway and logic for state policy in its entirety. Herein lies the answer to the question: why is it that Russia is leading the way in terms of ensuring civilizational development in the world today?” Irina Yarovaya, Deputy Chairman of the State Duma of the Federal Assembly of the Russian Federation.

“Seventy per cent of the texts of the Constitutional Court focus specifically on aspects related to legal value, deep content, and understanding of a particular norm. As legislators, we build on these approaches to propose various... legislative solutions which are directly embodied in the texts of laws,” Andrey Klishas, Chairman of the Committee on Constitutional Legislation and State Building of the Federation Council of the Federal Assembly of the Russian Federation.

PROBLEMS

Shortcomings in Russian criminal legislation and legal foundations on the international stage

“One deficiency [in Russian criminal and criminal procedural legislation – ed.] is the inability to convict individuals who have committed particularly serious crimes in relation to the Russian Federation’s national security if these individuals are no longer alive. This creates a paradoxical situation... whereby the deeds of such individuals do not receive the proper legal assessment through the judicial process. What’s more, they are formally considered innocent, as Article 49 of the Constitution of the Russian Federation stipulates that anyone accused of a crime is considered innocent until proven guilty in accordance with federal law, and until their guilt is established by a court verdict that has entered into legal force,” Alexander Fedorov, Deputy Chairman, Investigative Committee of the Russian Federation.

Difficulties in detecting and preventing cybercrime

“When we conducted an investigation into the existence of Pentagon-owned biolabs in Ukraine, it was clear that this was something that humanity would need to fully face up to. This is a new kind of threat, a new form of subversive activity and terrorist attack – one that is still in the laboratories, but which has already reached a high degree of readiness. This too represents a transformation of the world order. That is because we are facing latent threats that are difficult to detect, prevent, and prove. <...> Classic legal norms and elements of crimes changed long ago, and new ways of committing these crimes and new instruments of crime have appeared,” Irina Yarovaya, Deputy Chairman of the State Duma of the Federal Assembly of the Russian Federation.

“There is a deep understanding of the whole range of problems that exist in society, including in relation to cybercrime. <...> Already, over a third of crimes are committed in this field. And here is an astonishing figure: 96% of teenagers have already been subjected to some form of aggression on the internet. <...> The core issue is anonymity on the internet. <...> We have an understanding with the office of the Prosecutor General of the Russian Federation and other law enforcement agencies, but unfortunately, we have not yet been able to make progress because behind this anonymity lies vast sums of money,” Andrey Klishas, Chairman of the Committee on Constitutional Legislation and State Building of the Federation Council of the Federal Assembly of the Russian Federation.

SOLUTIONS

Taking a more active approach to reforming Russian criminal legislation

“We need to amend criminal and criminal procedural legislation. For example, we could draw upon the experience of the Republic of Belarus, which allows for judgement to be passed on to individuals who are no longer alive. In terms of criminal liability, the Criminal Code of the Republic of Belarus contains a stipulation whereby a conviction can be passed without sentencing. Since 2023, conviction without sentencing is also applicable to individuals who are no longer alive,” Alexander Fedorov, Deputy Chairman, Investigative Committee of the Russian Federation.

“A huge number of crimes are prevented by our law enforcement officers today. The news only reports those that were not successfully prevented and where there are irreversible consequences. But we are interested in ensuring that such crimes do not occur in the first place. Therefore, we must give law enforcement officers a new set of tools that will enable them to act proactively. The wisest legislative decision is to act proactively. <...> Therefore, we must enshrine in law essential, fundamental facts of history through providing protection for them,” Irina Yarovaya, Deputy Chairman of the State Duma of the Federal Assembly of the Russian Federation.

Developing new approaches to shaping a world order based on principles of fairness and equality

“As for the transformation of the world order <...> the vector is changing today. Not because we want it to, not because we are under sanctions and decided to create something or other with BRICS (as some claim). Nothing of the sort. <...> We will be hosting the BRICS Legal Forum in September. For the first time, we are approaching the topic of creating institutions – but not resembling those of the UN – that could in some way unify legal approaches to economic cooperation between BRICS countries. <...> We are not forming alliances in opposition to anyone. <...> We want to be working together,” Sergey Stepashin, Chairman, Association of Lawyers of Russia; Chairman of the Board of Trustees, Territorial Development Fund.

“Russia today is a different country. We have gone through a painful period of rethinking things, but have emerged on the other side. And I can say that many countries across the globe which do not have the privilege of speaking the truth, which do not have the privilege of sovereignty, are pinning their hopes on Russia to be strong. A strong Russia will ensure a strong world in terms of diversity and equal development,” Irina Yarovaya, Deputy Chairman of the State Duma of the Federal Assembly of the Russian Federation.

For more information, visit the Roscongress Foundation’s Information and Analytical System at roscongress.org/en

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