National

Criminal Code: Sexual relations and other action of a sexual nature with a person under the age of sixteen (16), Chapter 18, Article 134

Sexual intercourse, buggery ['muzhelozhstvo'] or lesbianism, committed by a person over 18 on a person admittedly under 14 is punishable by limitation of freedom up to three years or deprivation of freedom up to four years [R1.2].

[Note: At the time of its adoption the Criminal Code penalized sexual intercourse with a person under 16 years old [R1.1]. Article 134 was amended on 27 June 1998 by Federal Law No. 92-FZ and the age was lowered from 16 to 14. The wording of Article 134 remained intact.]

National

Artificial insemination treatment is available for women in a same-sex relationship [R1.1].

National

On 25 January 2013, the State Duma approved draft legislation aimed at banning “propaganda of homosexuality” in Russia. 388 out of 390 MPs present for the vote supported the draft legislation, one voted against, one abstained and that fifty-two deputies did not vote. The legislation must pass second and third readings and signed by the President to become law [R1.2].

On 29 March 2012, a bill was submitted to the State Duma by lawmakers from the Novosibirsk region, who claimed that media promote gay life as "normal", calls for fines of up to $16,500 (€12,400) for “spreading homosexual propaganda” among minors, and for a fine up to $33,000 for material promoting pedophilia [R1.1].

Regions

On 20 March 2013, the Civil Chamber of Kostroma Regional Court ruled illegal a ban on gay pride marches in the region and on two rallies against the local law prohibiting propaganda of homosexuality among minors, reversing a decision of Sverdlovsk District Court [R2.13].

On 24 January 2013, the Kaliningrad Regional Duma passed a bill to forbid "homosexual propaganda" and impose fines for the distribution of information on same-sex relationships as well as pedophilia The bill needs the governor's signature to become law [R2.12].

On 22 November 2012, a spokesman said that an anti-gay 'propaganda' bill, which would ban 'non-traditional sexual orientation propaganda to minors', that was filed with the Moscow Duma on 16 November by the local Council of Municipal Entities, would not be accepted because it is in conflict with the country's federal law [R2.11].

On 24 May 2012, the Kaliningrad region's parliamentary committee on security and law and order was reported likely to soon consider an amendment to the region's Code of Administrative Violations, which envisions fines for "homosexual propaganda" and pedophilia [R2.10].

On 27 April 2012, Russia's third-largest city Novosibirsk in Siberia was reported to be the latest to join in the criminalization of 'gay propaganda' with fines from 1,000 ($30) to 3,000 rubles for private citizens, 3,000 to 5,000 for officials, and 10,000 to 50,000 for legal entities [R2.9].

On 07 March 2012, the Governor of St Petersburg Georgiy Poltavchenko signed a Bill into law effective 17 March that is designed to prevent the 'propaganda of homosexuality to minors' and gag the local gay and transgender population. There are similar laws in the Kostroma region (February 2012), Ryazan (2006) and Arkhangelsk (2011) [L2.8], [R2.7].

On 29 February 2012, the bill banning so-called "propaganda of homosexuality and pedophilia to minors" passed in the 3rd reading in St. Petersburg city parliament. 29 deputies voted in favor of the bill, 5 voted against the bill, and 1 abstained. 15 deputies did not vote (either abstained, or were absent). City governor, Georgiy Poltavchenko, now has 14 days to sign the bill into effect, or send it back to be "reworked" [R2.6].

On 09 February 2012, the City of St Petersburg was reported to have passed a Bill banning the dissemination of information “which could cause damage to the health or moral and spiritual development of minors, including by inducing them to form warped perceptions that traditional and non-traditional married relations are equally socially acceptable”. Fines would range from the equivalent of $150 for individuals to $16,000 for organizations. The measure now needs only to go through the formality of a third reading in the St. Petersburg assembly to become law. [R2.5].

On 23 November 2011, the City of St Petersburg's draft law's second reading was postponed in order to clarify the wording, slammed by critics as too discriminative [R2.4].

On 16 November 2011, the City of St Petersburg Legislative Assembly was reported to have passed a law 37 votes to 1, introducing fines from 1,000 roubles to for an individual to 50,000 for a business, for “propaganda of sodomy, lesbianism, bisexualism and transgenderism, to minors” and “propaganda of paedophilia” [R2.3], [R2.2].

The second hearing was scheduled for Wednesday, Nov. 23. The bill will become a law when it has passed three hearings and is signed by the governor [R2.2].

On 11 November 2011, legal committee of the St. Petersburg Legislative Assembly introduced a draft law about prohibition of the so-called propaganda of 'sodomy, lesbianism, bisexualism and transgenderism, and pedophilia to minors' and introduction of administrative offense. Recently a similar law was passed in Arkhangelsk [R2.1].

Courts & Tribunals

On 19 November 2012, the UN Human Rights Committee found the Ryazan Region propaganda of homosexuality law a violation by the Russian Federation of article 19, paragraph 2, read in conjunction with article 26 of the International Covenant on Civil and Political Rights [D4.9], [R4.8].

On 03 October 2012, the Supreme Court ruled that St Petersburg can continue to enforce its homophobic censorship law that equates homosexuality with “paedophilia” and imposes fines of up to 5,000 rubles (£107) on individuals and up to 500,000 (£10,700) on businesses for promoting LGBT issues [R4.7].

On 13 September 2012, the Supreme Court of Russia ruled that the Arkhangelsk Region's law against 'homosexual propaganda' and its application (i.e. ban of LGBT events) was justified, lawful and did not contradict Russian federal laws. The Court also stated that 'some LGBT events are not homosexual propaganda' [R4.6].

On 16 August 2012, Nikolay Alexeyev, founder of Moscow Gay Pride, has had his appeal against the century-long ban on the parade rejected by Moscow City Court. An appeal to the European Court on Human Rights in Strasbourg over the issue is mooted [R4.5].

On 02 July 2012, Nikolai Alekseyev, founder of the Moscow gay pride movement, was reported to have filed a lawsuit with the European Court of Human Rights contesting the Arkhangelsk region's law banning the propaganda of homosexuality among minors and alleging violation of two articles of the Convention on the Protection of Human Rights and Fundamental Freedoms: Article 10 (freedom of expression) and Article 14 (ban on discrimination). Similar challenges have been filed in respect of the laws in the Ryazan region and St. Petersburg [R4.4].

On 07 June 2012, the Tverskoy district court in Moscow was reported to have ruled that it was lawful for the Russian capital's municipal government to decline the 102 requests filed by gay rights activist Nikolai Alekseev for pride marches every year until 2112 [R4.3].

On 31 May 2012, Judge Matusyak in the Smolninsky district court, St Petersburg was reported to have ruled that bans on gay events put in place by officials under city's 'gay propaganda' legislation were unlawful. The ruling also denied the standing of officials to cancel events, saying they only had authority to suggest alternative times and places for rallies [R4.2].

In April 2010, the Constitutional Court dismissed a complaint from gay activists which argued against the Ryazan region's ban on "exposing minors to homosexual propaganda" [R4.1].

National

On 12 April 2012, Russia formally distanced itself from endorsing LGBT rights, even going so far as refusing to recognise such rights, in a joint statement released by G8 foreign ministers which affirmed the fundamental rights to which people were entitled everywhere, and came after a meeting of the ministers in Washington [R1.1]

Courts & Tribunals

On 21 October 2010, the European Court of Human Rights ruled that Nikolay Alekseyev had been discriminated against as a consequence of the prohibition against holding gay pride marches in Moscow in 2006, 2007 and 2008 and awarded him €17,510 in respect of legal fees and interest 3% interest [R2.8]. In January 2011, Russia lodged an appeal to the court's Grand Chamber [R2.7].

On 19 October 2010, the Petrogradsky district court in St Petersburg ruled that City Hall's ban of a gay pride event last summer was illegal [R2.6].

On 06 October 2010, the Lenin District Court of St Petersburg declared illegal the ban of St Petersburg Gay Pride on 26 June [R2.5].

The Court imposed a November 1 deadline for St. Petersburg authorities to permit event organizers to plan a new march [R2.4].

On 04 October 2010, an appeal Court confirmed that the closing of Moscow's oldest gay club almost a year ago was illegal [R2.5].

Previously:

In September 2010, the arbitration court reportedly ruled that the decision to shut down the Body and Soul gay club in Moscow was unlawful [R2.3].

On 02 July 2010, the Moscow City Court dismissed a libel suit filed against Moscow Mayor Yuri Luzhkov for calling gays faggots. The case had previously been rejected by the Tverskoi District Court [R2.2].

In September 2005, the St. Petersburg court ruled as unlawful the practice of using military data to restrict human rights and for an employer discriminate against a man on the basis of his homosexual orientation [R2.1].

National

Chapter 16 of the Criminal Code of the Russian Federation (effective 01 JAN 97) provides -

Article 121. Infection with a Venereal Disease

(1) Infection of another person with a venereal disease committed by a person who knew s/he was infected is punishable by a fine of 200 to 500 minimal wages or in the amount of the convicted's salary or other income for a period of two to five months, or by corrective work of one to two years, or arrest of three to six months.

(2) The same, resulting in infection of two or more persons or a person known to be underage is punishable by a fine of 500 to 700 minimal wages or in the amount of the convicted's salary or other income for a period of five to seven months, or by deprivation of freedom up to two years.

Article 122. Infection with HIV

(1) Wittingly subjecting of a person to the danger of HIV infection is punishable by limitation of freedom up to three years, by arrest of three to six months, or by deprivation of freedom up to one year.

(2) Infection of another person with HIV committed by a person who knew to be infected is punishable by deprivation of freedom up to five years.

(3) The action provided in the second part of this article, resulting in infection of two or more persons or a person known to be underage is punishable by deprivation of freedom up to eight years.

(4) Infection of another person with HIV resulting from improper performance of professional duties is punishable by deprivation of freedom up to five years and limitation of the right to hold certain offices or to engage in certain activities for up to three years [R1.2]. [Citation required]

In February 2009, gay rights activists said a 1995 law that bans people living with HIV or AIDS from staying in Russia for more than three months should be overturned [R1.1].

Courts & Tribunals

On 10 March 2011, the European Court of Human Rights unanimously held that the refusal of the Russian authorities to grant the applicant, an Ouzbek national, a residence permit because he tested positive for HIV, was a violation of Article 14 (prohibition of discrimination) taken in conjunction with Article 8 (protection of home and family life) [C2.2], [R2.1].

National

In May 1993, Clause 121.1 of the Soviet-era Criminal Code that criminalized homosexuality was repealed [R1.5].

There never was a law penalising lesbians.

Whilst homosexuality was decriminalised in Russia in 1993, the view that it is "not natural" is widely held among religious and nationlist groups [R1.4].

On 23 April 2002, an amendment to the Criminal Code that would punish sodomy with up to five years in jail was filed in the Duma but was not expected to receive significant support [R1.3].

In December 2008, Russia refused to sign a French-led United Nations declaration calling for the decriminalisation of homosexuality across the globe [R1.2].

In 1999, the Russian Health Ministry's new classification of mental and behaviour disorders no longer categorised "homosexual orientation" as a "personality disturbance" or any other kind of problem [R1.1].

National

In February 2010, the registrar office of Angarsk, Siberia refused to register the marriage of a gay pair on the ground there was no authority in law to register such (same sex) marriages [R1.3].

In October 2003, the Russian Orthodox Church reportedly had demolished a chapel where a priest conducted the marriage of two men [R1.2].

In September 2003, two men were reported to have been married in Nizhny Novgorod. The priest who performed the ceremony was reported to be the Rev. Vladimir of Rozhdenstvensky church [R1.1].

Russian civil law does not recognize same-sex marriage, and the two men were turned away when they tried later to register their union at a government office [R1.3].

Courts & Tribunals

In January 2011, the European Court of Human Rights accepted a lawsuit by Irina Fet and Irina Shipitko, a Russian lesbian couple married in Canada, with the Russian Embassy approving their marriage certificate and who have challenged the refusal of the Moscow registry office to register their marriage. It may be several years before their lawsuit is reviewed [R2.4].

In January 2010, the Moscow City Court upheld the refusal of the city civil registration office to register a marriage of two Russian women, who legalized their relationship in Canada. The women were expected to apply to the European Court of Human Rights [R2.3].

In October 2009, the Tverskoi District Court ruled that Irina Fedotova-Fet and Irina Shipitko could not marry as Russia law states marriage is between a man and a woman [R2.2].

On 26 August 2009, a judge postponed the hearing of a lesbian couple's appeal against their being denied the right to marry, saying they failed to appear. The couple, arriving after the hearing ended, said they were delayed by traffic [R2.1].

National

On 02 December 2010, it was reported that when US talk show host Larry King asked Prime Minister Vladimir Putin if Russian gays and lesbians are allowed to serve openly in the military, Putin said, "We have no ban. Sodomy, as it was called, was a criminal offense in the Soviet Union but under the current legislation it is not a crime" [R1.2].

In March 2003, the Russian government approved new medical examination rules for entry to the Russian army [R1.1].

The rules mandate that gay or HIV-positive people will not be allowed to sign up. Moreover, existing soldiers who don't meet the new criteria may get thrown out [R1.1].

National

In July 2010, US–Russia discussions on adoption policy decided US gay couples would not be allowed to adopt Russian children because Russia does not recognize same-sex relationships [R1.1].