Last year fun ended, this fun began. After all, the number of cases related to the recognition of information on the site contrary to the laws of the Russian Federation and blocking websites ... temporarily and untimely has increased. At the same time, universal user indignation has increased.
Of course, a noticeable noise caused only two or three locks, but they are many times more. To be precise, in 2014 there were about 250 such cases, and in 2015 this number leapt into heaven and almost doubled.
Who is next?
Is it possible?
You know what, yes. This opportunity was provided by the Federal Law "On Information, Information Technologies and Information Protection", according to which, if a court decision states that the site contains information prohibited by the legislation of the Russian Federation, it must be included in the Unified Register (maintained by Roskomnadzor) and blocked.
You can search for yourself and friends in the registry here:
http://eais.rkn.gov.ru/feedback .
How does this happen?
If information that violates the requirements of the law is found on the website, the prosecutor may apply to the court.
The third party involved Roskomnadzor.
Important! In such cases, the site owner is not notified in advance and learns about the blocking, as a rule, upon receipt of a notice from Roskomnadzor about inclusion in the registry.
Another important detail is the evidence that the prosecutor attaches to such cases.
It is confirmed by the presence of prohibited information by the monitoring carried out by the prosecutor's office (at the same time they do not need any notarization of the content). Monitoring is made out as materials of the prosecutor's check.
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There are, of course, rare exceptions, when the courts leave the claim without movement and then return it with the indication:
- the site administrator is not involved in the case;
- the opinion of the expert on the content of the site is not presented;
- no description of prohibited information is provided.
However, despite the enviable vigilance on the part of the courts of first instance, the appellate court recognizes that leaving without movement with such grounds is illegal.
So what can they block?
And you do not know! However, the Law does not contain a specific list of such information, therefore, in court decisions it is analyzed:
- What information is available on the site;
- Is it forbidden directly;
- Either it violates the law indirectly (and here the courts act, each depending on their imagination).
If you want more precise, please. Get a bunch of examples. In practice, the courts declared illegal the information below.
- Extremist article "Russian Peter: between an Islamic knife and a baton" (Decision in case number 2-4379 / 2014 of October 14, 2014. Oktyabrsky District Court of Krasnodar (Krasnodar Territory)).
- Gambling (Decision No. 2-4010 / 2015 2-4010 / 2015 ~ M-4209/2015 M-4209/2015 dated December 28, 2015 on case No. 2-4010 / 2015).
- Distribution of alcohol and other prohibited drugs (for example, Case decision No. 2-8729 / 2014 of August 29, 2014. Avtozavodsky District Court of Tolyatti (Samara Region or
- Methods for the manufacture of explosive devices (Decision No. 2-3103 / 2015 2-3103 / 2015 ~ M-1475/2015 M-1475/2015 of April 23, 2015 on case No. 2-3103 / 2015).
- Information on shared construction without specifying permits documentation (Decision on Case No. 2-3184 / 2014 of 11/19/2014. Anapa City Court (Krasnodar Territory)).
- Sale of sanctions products (Decision No. 2-1758 / 2015 2-1758 / 2015 ~ M-1812/2015 M-1812/2015 dated October 30, 2015 in case No. 2-1758 / 2015).
- Sale of diplomas (Decision No. 2-7063 / 2015 2-7063 / 2015 ~ M-6985/2015 M-6985/2015 dated December 22, 2015 on case No. 2-7063 / 2015).
- Medicines (Decision No. 2-3729 / 2015 2-3729 / 2015 ~ M-3871/2015 M-3871/2015 dated December 3, 2015 on case No. 2-3729 / 2015).
- Sale of sick- lists (Decision No. 2-741 / 2015 2-741 / 2015 ~ M-807/2015 M-807/2015 dated October 21, 2015, in case No. 2-741 / 2015).
Attention bonus! In addition to all of the above, there are solutions in which the following information is provided:
- on tax evasion;
- loans;
- military service;
- about twisting counters;
- illegal cash withdrawal.
Moreover, the courts show the wonders of abstract thinking in order to prove the illegality of information. Here, for example, as the court justified the decision on the article “How not to pay the loan”:
On the basis of paragraph 1 of Article 34 of the Constitution of the Russian Federation, everyone has the right to the free use of his abilities and property for entrepreneurial and other economic activities not prohibited by law.
Banking is one of the components of the current economy of the Russian Federation.
In accordance with part 1 of article 819 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), under a loan agreement a bank or other credit organization (lender) undertakes to provide funds (credit) to the borrower in the amount and on the conditions stipulated by the agreement, and the borrower undertakes to return the received amount of money and pay interest on it.
According to part 1 of article 811 of the civil code of the Russian Federation, unless otherwise provided by law or a loan agreement, in cases where the borrower does not return the loan amount on time, interest is payable on this amount in the amount provided for by paragraph 1 of article 395 of the civil code it should have been returned before the day of its return to the lender, regardless of the interest payment, provided for by paragraph 1 of article 809 of the civil code of the Russian Federation.
In addition, Article 159.1 of the Criminal Code of the Russian Federation provides for criminal liability for fraud in the field of lending, that is, embezzlement of funds by the borrower by submitting to the bank or another creditor false information and (or) inaccurate information.
Article 14.11 of the Code of the Russian Federation provides for liability for illegally obtaining a loan.
Thus, at first glance, an innocuous article was recognized as a call to violate all conceivable and inconceivable rules of the banking sector, and the article itself was found to violate a good half of the articles from the Civil Code.
What to do if you found out about blocking your site?
- Check for information that violates the law (in general it is better to do it right now).
- Receive a copy of the court decision regarding your site (as a rule, the case number is indicated in the Roskomnadzor notification of blocking).
- Appeal a court decision (if the time for appeal has already passed, you need to restore the time for appeal. As a rule, the courts understand that you did not know about the decision immediately, and go to the restoration of the term).
And most importantly, be careful with the headlines! Do not overdo it.