Switch Language

The Constitutional Court of Russia has issued a refusal ruling on the complaint of former municipal deputy Alexey Gorinov, who was sentenced to seven years in prison for alleged dissemination of “fake news” about the Russian army (paras. “a,” “b,” and “d” of part 2, article 207.3 of the Criminal Code) and to three years for alleged justification of terrorism (part 1, article 205.2 of the Criminal Code). This was reported by the Memorial Human Rights Centre.

The complaint by Gorinov regarding violations of the constitutional rights and freedoms of citizens prosecuted under article 207.3 of the Criminal Code on military “fake news” was prepared by lawyers from Memorial and OVD-Info.

The claim by the former municipal deputy and his representatives, Katerina Tertukhina and Olga Podoplelova, argued that article 207.3 of the Criminal Code “does not serve any constitutionally significant goals that could justify restrictions on freedom of speech and opinion,” and “is not necessary and imposes disproportionate restrictions on constitutional rights and freedoms.”

The lawyers emphasised that the article is applied in a way aimed at suppressing dissent in Russia and carries out repression against those who disagree with the authorities’ position.

The complaint by Gorinov and his representatives also requested that parts of the law “On General Principles of the Organisation of Local Self-Government in the Russian Federation” (No. 131-FZ) be recognised as unconstitutional. These provisions guarantee municipal deputies the right to freely express their opinions. However, before criminal prosecution, these provisions “in practice leave them [the deputies] defenceless.”

“In this way, the guarantees of local self-government provided for by the Constitution are nullified,” the lawyers stated.

In its refusal to consider Gorinov’s complaint, the court stated that the laws mentioned in the complaint “do not call into question the possibility of expressing one’s own opinion regarding the activities” of the Russian Armed Forces “provided this is not accompanied by the intentional dissemination of false information.” The court also said that “the defence of the Fatherland is not only a constitutional and legal obligation, but above all the duty of a citizen of the Russian Federation.”

OVD-Info lawyer and Memorial board member Violetta Fitzner, commenting on the court’s decision, stated:

“The court stated that the state itself is a constitutional value, which must be respected and protected by citizens of the country. It emphasised as well that actions which ‘may display features of exercising <…> constitutional rights’ can ‘encroach on public order’ and therefore be subject to liability. Following this logic, any criticism of the state as such can be considered illegal.”

She also noted that Gorinov, by peacefully expressing an anti-war stance at a council meeting in March 2022, became “one of the first victims of the repressive ‘fake news’ article.” His status as a municipal deputy in the criminal case did not act as a “deterrent to prosecution.”

“Here, too, the Constitutional Court saw no problem and concluded that the law [‘On General Principles of the Organisation of Local Self-Government in the Russian Federation’] ‘does not prevent the lawful activities of a deputy in a representative body of local self-government, does not restrict their freedom to choose and adhere to any particular beliefs, and to act in accordance with them.’ <…> For our part, we can draw our own conclusion: the state continues to fear people who have their own opinions and are not swayed by propaganda, and it is willing to go to any lengths to silence these voices,” said Fitzner.

  • In July 2022, Gorinov was sentenced to seven years in a general regime prison colony under the article on dissemination of “fake news” about the Russian army, using his official position and motivated by hatred or enmity (paras. “a,” “b,” and “d” of part 2 of article 207.3 of the Criminal Code). On appeal, the sentence was later reduced by one month.
  • The case was initiated because the opposition figure, at a council meeting on 15 March 2022, called the events in Ukraine a war, not a “special operation.” He also said that the Russian authorities wanted to seize Ukrainian territory and that children were dying in Ukraine as a result of the actions of the Russian army.
  • In November 2024, Gorinov was sentenced to three more years in prison under the article on justification of terrorism (part 1, article 205.2 of the Criminal Code). In April this year, the verdict was upheld. Based on the two sentences, the former municipal deputy will have to serve five years in a strict regime colony. The second case against Gorinov was opened in September 2023 because of conversations with other prisoners in a prison hospital. He discussed the attack on the Crimean Bridge and spoke about the Azov Regiment.