Legal explanation of the injunction on the Roskomvoboda page

The leader of Roskomsvoboda Temych (Artem Kozlyuk) published a legal comment about the decision of the Anapa city court of the Krasnodar Territory to enter one of the site’s pages into the registry of prohibited sites and block access to it in Russia. The corresponding notice yesterday received a hosting provider Roskomsvoboda.

Based on the published data, one can raise the issue of professional competence of the Anapa Prosecutor's Office, the Anapa City and Krasnodar Regional Courts. It seems that state lawyers do not understand too much and do not want to understand Internet technologies.

“Consider what the prosecutor essentially did? - Temych writes. - He copied the first three records from the Federal Register of Extremist Materials of the Ministry of Justice to the lawsuit, identified one of the pages of the Internet resource Roskomvoboda, “ Toolkit ”, an absolutely illegal concept of “anonymizing site” and concluded that users have unlimited access to extremist materials previously recognized by Russian courts as prohibited. "
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According to the prosecutor, the Anapa City Court decided to include the “Toolbox” page in the register of prohibited sites, without even trying to contact the administration of the resource to notify the beginning of the court hearing on the case and present its legal position.

On this occasion, Roskomsvoboda filed an appeal to the Krasnodar Regional Court, but that “held a meeting formally and did not give our side the opportunity to deploy our position, and, after hearing the conclusion of the regional prosecutor’s office, which was expected to support its municipal colleagues, left our complaint without satisfaction”, - according to the Roscomsvoboda leader. There is a violation of the procedural and substantive rules of law by both courts.


As proof of its position, Roskomsvobod publishes the opinion of the Ministry of Communications and Mass Media of the Russian Federation, which confirms that there are no provisions in the current legislation restricting the use of traffic proxy and anonymizer technologies. ”


After examining and obtaining expert opinions Roskomsvoboda intends to file a cassation appeal to the Presidium of the Krasnodar Regional Court. The deadline for filing a complaint is set by law until March 29, 2016. “If we don’t reach a fair decision there, we intend to go as far as the Supreme Court and are convinced that the judicial acts of the Anapa and Krasnodar courts will not stand there, since they have no legal basis and were taken with a lot of gross violations of the law, ”said Artyom Kozlyuk.