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What can block your site?

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:

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:

If you want more precise, please. Get a bunch of examples. In practice, the courts declared illegal the information below.


Attention bonus! In addition to all of the above, there are solutions in which the following information is provided:

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?




And most importantly, be careful with the headlines! Do not overdo it.

Source: https://habr.com/ru/post/298232/


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