The Russian Prosecutor General's Office stated that the display of the Ukrainian flag, as well as the combination of blue and yellow colors, do not in themselves constitute any offense. The qualification of actions will depend not on colors, but on the totality of the actions of a particular person. This is stated in a letter sent by the department to St. Petersburg politician Boris Vishnevsky in response to his May request.
However, these words are just words, lawyer Dmitry Zakhvatov emphasizes in a conversation with The Insider. He claims that detentions and subsequent punishments for the Ukrainian flag will not go anywhere. This is explained by the fact that the article on “discrediting” the Russian army (Article 20.3.3 of the Code of Administrative Offenses), which usually covers the demonstration of the colors of the Ukrainian flag, is not legal.
This law is not legal, since it does not correspond to the Radbruch formula, which says that an unjust right is not a right. An unjust right is, in fact, a discriminatory right, when you are allowed to say “Yes to war!”, And the person who wants to say “No to war!” Is imprisoned, fined, and so on. This breeds discrimination, so this article is not legal. In addition, it does not meet the quality criterion of the law. This is a legal criterion that requires the legislator to formulate the legal norm to a sufficiently clear, understandable and certain extent, in which the subject of the legal relationship can be fully notified of the circumstances and conditions under which the appropriate measure can be applied to him.
Now you can ask yourself a question and answer it yourself: “What is discredit?” As a lawyer, I don't understand what it is. It's not a legal term, and I have no idea what the word means in its legal sense. This can mean anything, any action. Do not look at the Russian flag without proper salivation – you are already discrediting something. Since this article does not meet the criterion of the quality of the law, then its application will be arbitrary, since there is no clear definition of those situations in which this measure could be used. Therefore, what they answered to Vishnevsky, as Vasily Ivanovich Chapaev said in the famous film: "Do not give a damn and forget." Everyone will continue to be imprisoned for the Ukrainian flag on 20.3.3. A piece of paper with the response of the Prosecutor General's Office will not help.
