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Age of Consent Legislation/Cases/References
1.

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.]

R1.2 Interpol: Sexual Offences Against Children (Accessed 22 JAN 10)
R1.1 Melbourne Star Observer: Russian Consent Law Set at 16 16 AUG 96
Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation
Surrogacy
Legislation/Cases/References
See also: [PARENTING]
1.

National

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

R1.1 ILGA: State-Sponsored Homophobia PDF 109.64kb, NOV 08
Censorship, Free Speech, Right of Assembly Legislation/Cases/References
See also: [DISCRIMINATION]
1.

National

On 23 July 2013, the translated text of the Russian anti-gay law was reported by Rex Wockner as:

Section 6.21. Promotion of non-traditional sexual relations among minors

1. The promotion of non-traditional sexual relations among minors expressed in the dissemination of information aimed -

  • at developing in minors non-traditional sexual facilities,

  • at the allure of non-traditional sexual relations,

  • at a distorted picture of the social equivalence of traditional and non-traditional sexual relations, or

  • at the imposition of information about non-traditional sexual relationships, causing interest in such relationships,

if these actions do not constitute a criminal offense, are punishable by an administrative fine in the amount of four thousand to five thousand rubles for citizens, from forty thousand to fifty thousand rubles for officials, and from eight hundred thousand to one million rubles or administrative suspension of activity for up to ninety days for legal entities.

2. Actions stipulated in paragraph 1 of this Article, when committed with the use of media and/or information and telecommunication networks (including the Internet), if these actions do not constitute a criminal offense, shall entail the imposition of an administrative fine in the amount from fifty thousand to one hundred thousand rubles for citizens, from one hundred thousand to two hundred thousand rubles for officials, and one million rubles or administrative suspension of activity for up to ninety days for legal entities.

3. Actions stipulated in paragraph 1 of this Article, when committed by a foreign national or a stateless person, if these actions do not constitute a criminal offense, shall be punishable by a fine of four thousand to five thousand rubles and administrative expulsion from the Russian Federation, or an administrative arrest period of fifteen days with administrative expulsion from the Russian Federation.

4. Actions stipulated in paragraph 1 of this Article, when committed by a foreign national or a stateless person with the use of the media and/or information and telecommunication networks (including the Internet) if these actions do not constitute a criminal offense, shall entail the imposition of an administrative penalty in the amount of fifty thousand to one hundred thousand rubles and administrative expulsion from the Russian Federation or administrative arrest for up to fifteen days with administrative expulsion from the Russian Federation [R1.8].


On 11 October 2016, it was reported that the government was expected to blacklist the Deti-404 (Children-404) website that acts as an online support system for LGBT teens in Russia, officials asserting it violates the country's 'gay propaganda' law [R1.7].

On 29 June 2013, President Vladimir Putin was reported to have signed the nation wide 'gay propaganda' bill into law [R1.6].

On 26 June 2013, Russia's upper house approved 137-0 the nationwide 'gay propaganda' measure that bans LGBT events or public discussion and prohibits individuals from providing information to minors about the LGBT community. Signature by President Vladimir Putin is expected [R1.5].

On 11 June 2013, the Duma approved 463-0 a measure that would ban LGBT events or public discussion and prohibit individuals from providing information to minors about the LGBT community. Individuals breaking the law would face fines of up to 5,000 rubles ($156), with foreigners facing a jail sentence of 15 days and deportation. Companies and media organizations could be fined up to 1 million rubles ($31,000) and would face suspension of their activities for up to 90 days. Upper House approval and signature by President Vladimir Putin are expected [R1.4].

On 22 May 2013, in a press conference held in Moscow, Council of Europe Secretary-General Thorbjorn Jagland demanded that Russia must act to guarantee the right of LGBT people to freedom of expression and demonstration, a fundamental principle in the European Convention on Human Rights, of which Russia is a signatory [R1.3].

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].

2.

Regions

On 03 December 2014, a district court ordered local Kostromo authorities pay 3,000 rubles ($55) in moral damages to Nikolai Alexeyev, the first time in a decade of activism he has been compensated for moral damages arising from the cancelling of a pride parade he organized and two protests against the country's anti-gay laws [R2.16].

On 18 June 2014, it was reported that the City of St Petersburg repealed the city's “gay propaganda” law. The lawmakers decided to repeal the local measure since there is now a federal ban that prohibits all of Russia from spreading “homosexual propaganda” [R2.15].

On 06 November 2013, the Arkhangelsk regional government reportedly repealed a ban on 'gay propaganda' however, the federal law will still stand [R2.14].

On 27 September 2013, lawmakers in Arkhangelsk Oblast (Archangel) were reported to be planning to repeal the 2011 local 'gay propaganda' law now that there is a federal ban [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].

3.

Courts & Tribunals

On 20 June 2017, the European Courts of Human Rights ruled that a Russian law banning the promotion of homosexuality to minors breached European treaty rules finding the law violated people's right to freedom of expression and discriminated against gay people [C3.21], [R3.20].

On 18 January 2016, a Murmansk magistrate court has found activist Sergey Alekseenko guilty of distributing ''propaganda of homosexuality among minors'' on the Internet. He must now pay a fine of 100,000 rubles (approximately USD $1,260). The offending sentence in the VKontakte post read: ''Being gay means being a brave and confident person who has dignity and self-esteem'' [R3.19].

On 06 October 2014, the Sverdlovsk District Court of the city of Kostroma held that gay rights activist Nikolai Alexeyev should be financially compensated for the city's unlawful ban of a gay pride parade and two protests against the so-called “gay propaganda law” in 2013, awarding him more than 8,000 rubles ($200) in compensation for pecuniary damage and legal fees [R3.18].

On 25 July 2014, the Constitutional Court reportedly upheld the law that bans 'propaganda of non-traditional sexual relations' among minors as constitutional whilst stating 'The contested provisions [of the Russian legislation] are not intended to ban homosexuality as is, and cannot be viewed as allowing to curb the rights of citizens based on their sexual orientation. They also do not imply a ban on any information concerning unorthodox sexual relations' [R3.17].

On 21 June 2014, the Vasileostrovsky District Court of St. Petersburg ruled that the Russian LGBT rights group Coming Out is a “foreign agent” - an organization engaged in political activities on behalf of foreign countries - a category that limits its ability to communicate with Russian citizens and subjects it to extra government scrutiny [R3.16].

On 04 April 2014, a district court in the Western Russian region of Kostroma reportedly declared that two LGBT rallies can proceed as planned, overturning two decisions by lower courts that sided with local officials refusing to allow the demonstrators to protest. The decision will likely be appealed to the Supreme Court [R3.15].

On 04 December 2013, the Consititutional Court was reported to have dismissed the complaint of Nikolai Alekseyev against the St. Petersburg law prohibiting the propaganda of homosexuality among minors and the propaganda of paedophilia. It ruled that the law does not contradict the Russian Constitution [R3.14].

On 26 September 2013, the Ryazan Regional Court overturned an administrative charge against Irina Fedotova who had been fined 1500 rubles under a regional statute banning gay propaganda among minors [R3.13].

On 10 July 2013, the Dzerzhinsk regional court ruled the arrests made at Gay Pride in St Petersburg were not lawful saying the people who attended the rally had their right to freedom of assembly ignored. The court found the organizers had obeyed the law by telling Police about the event beforehand and the arrests had no solid basis as it was impossible to declare an event unauthorized in the middle of it happening [R3.12].

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 [R3.11].

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 [D3.10], [R3.9].

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 [R3.8].

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' [R3.7].

On 16 August 2012, Nikolay Alexeyev 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 [R3.6].

On 02 July 2012, Nikolay Aleksandrovich Alekseyev lodged an application in the European Court of Human Rights challenging the St Petersburg Legislative Assembly amendments to the law introducing administrative liability for propaganda of homosexuality, bisexuality and transgender identity among minors and paedophilia [C3.1].

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 [C3.1], [R3.5.

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 [R3.4].

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 [R3.3].

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" [R3.2].

On 09 November 2009, Nikolay Viktorovich Bayev filed an application in the European Court of Human Rights challenging the Ryazan Region regional laws prohibiting propaganda of homosexuality among minors adopted on 03 April 2006 and 24 November 2008 [C3.1].

1. National
R1.8 Xtra!: Section 6.21. Promotion of non-traditional sexual relations among minors 23 JUL 13
R1.7 PinkNews: Russia censors internet support site for LGBT teens 11 OCT 16
R1.6 GayStarNews: Putin signs 'gay propaganda' bill into law 30 JUN 13
R1.5 GayStarNews: Russia's upper house approves 'gay propaganda' bill, will become law 27 JUN 13
R1.4 The Advocate: Russian Parliament Passes Antigay Bill, Protesters Detained 11 JUN 13
R1.3 GayStarNews: Council of Europe demands that Russia protect gay rights 22 MAY 13
R1.2 ILGA-Europe: ILGA-Europe extremely concerned by approval of Russian draft law to ban "homosexual propaganda" 25 JAN 13
R1.1 The Advocate: Russian Parliament to Consider Ban Against Gay Propaganda 29 MAR 12
2. Regions
R2.16 GayStarNews: Russia activist awarded paltry $55 for gay pride ban 08 DEC 14
R2.15 EdgeOnTheNet: St. Petersburg Repeals 'Homosexual Propaganda' Law RU (SPE) 18 JUN 14
R2.14 GayStarNews: Russian region repeals gay propaganda law 06 NOV 13
R2.13 GayStarNews: Russia region to repeal 'gay propaganda' law 27 SEP 13
R2.12 The Moscow Times: Anti-Gay Bill Approved in Kaliningrad 24 JAN 13
R2.11 GayStarNews: Moscow lawmakers reject 'gay gag' bill 22 NOV 12
R2.10 InterFax: Kaliningrad region may pass anti-gay law 24 MAY 12
R2.9 The Moscow Times: Novosibirsk Region Latest to Pass Anti-Gay Law 27 APR 12
L2.8 Coming Out: Administrative offenses in St. Petersburg PDF 42.32kb, 07 MAR 12
R2.7 GayStarNews: St Petersburg governor signs gay hate law 11 MAR 12
R2.6 ILGA-Europe: 'Propaganda' law passed in the final hearing in St. Petersburg 29 FEB 12
R2.5 USA Today: Russian city bans spreading of 'homosexual propaganda' 09 FEB 12
RT: St. Petersburg bans promotion of 'gay lifestyles' 08 FEB 12
R2.4 RT.com: Russia to re-word 'gay propaganda' law 23 NOV 11
R2.3 PinkNews: St Petersburg passes “gay propaganda” law 21 NOV 11
R2.2 The St Peterburg Times: Amnesty International Slams Gay Law 23 NOV 11
R2.1 ComingOut: A homophobic bill has been introduced into St. Petersburg Legislative Assembly 13 NOV 11
3. Courts & Tribunals
C3.21 Judgment: Case of Bayev and Others v. Russia No. 67667/09 20 JUN 17
R3.20 ReutersCA: European court angers Russia with 'gay propaganda' ruling 20 JUN 17
R3.19 GlobalVoices: Russian LGBT Activist Fined for ‘Propaganda of Homosexuality’ Online 22 JAN 15
R3.18 TheMoscowTimes: Gay Rights Activist Wins Russian Court Case Over Canceled Pride Parade 07 OCT 14
R3.17 RAPSI: Russia's Constitutional Court upholds "homosexual propaganda" ban 25 SEP 14
R3.16 Erasing76Crimes: Court ruling: Russian LGBT group is 'foreign agent' 22 JUL 14
R3.15 TheAdvocate: Russian Province Declares Ban on LGBT Rallies Illegal 05 APR 14
R3.14 RAPSI: Constitutional Court dismisses complaint against St. Petersburg gay propaganda law 04 DEC 13
R3.13 The Moscow Times: Gay Activist Wins Court Appeal, Dealing 'Severe Blow' to Anti-Gay Law 03 OCT 13
R3.12 GayStarNews: Russian court rules St Petersburg Gay Pride was legal 11 JUL 13
R3.11 GayStarNews: Historic Russian court ruling: gay pride is legal 20 MAR 13
D3.10 UNHRC: Communication No. 1932/2010 CCPR/C/106/D/1932/2010 Word 153.0kb, 19 NOV 12
R3.9 GayStarNews: UN rules Russian 'gay gag' law violates human rights 25 NOV 12
R3.8 PinkNews: Russian court backs St Petersburg’s anti-gay law 03 OCT 12
R3.7 GayStarNews: Russia's top court backs gay events ban 14 SEP 12
R3.6 PinkNews: Appeal against century-long ban on gay pride in Moscow is refused 17 AUG 12
R3.5 Russia Beyond the headlines: Gay rights activists file suit with ECHR contesting Arkhangelsk region's law banning propaganda of homosexuality 02 JUL 12
R3.4 PinkNews: Moscow court upholds hundred-year ban on gay pride 07 JUN 12
R3.3 PinkNews: St Petersburg judge 'rules LGBT event bans were unlawful' 01 JUN 12
R3.2 PinkPaper.com: Russian court dismisses defense of so-called "homosexual propaganda" 07 APR 10
C3.1 ECHR: Nikolay Viktorovich Bayev against Russia, Aleksey Aleksandrovich Kiselev, Nikolay Aleksandrovich Alekseyev Nos. 67667/09, 09 NOV 09, 44092/12, 02 JUL 12, 56717/12, 02 JUL 12

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Civil Rights, Gay Rights, Human Rights Legislation/Cases/References
1.

National

On 15 December 2015, a law adopted by the parliament on 09 December 2015 and signed by Vladimir Putin - allowing the Constitutional Court of Russia to decide whether or not to comply with judgements made by international human rights courts - was published by the government. The law enables Russia's high court to overthrow decisions made by the Strasbourg-based European Court of Human Rights [R1.1].

R1.1 TheIndependent: Vladimir Putin signs law allowing Russia to ignore international human rights rulings
Discrimination Legislation/Cases/References
1.

National

On 14 January 2015, Health Ministry spokesman Oleg Salagai was reported to have said that transgender citizens would be able to keep on driving - after a new road safety decree listed transsexuality among the medical conditions that could prevent a person from driving - as a mental or behavioral disorder in itself was not a reason to stop someone driving [R1.3].

On 29 December 2015, Prime Minister Dmitry Medvedev signed an official decree that provides a list of illnesses that disqualify people from operating motor vehicles and indirectly includes gender identity disorders by referencing the “personality and behavior disorders” section of the International Classification of Diseases, published by the World Health Organization, which includes gender identity and behavior disorders [R1.2].

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]

2.

Courts & Tribunals

On 20 June 2017, the European Courts of Human Rights ruled that a Russian law banning the promotion of homosexuality to minors breached European treaty rules finding the law violated people's right to freedom of expression and discriminated against gay people [C2.12], [R2.11].

On 10 August 2016, it was reported that the Zheleznodorozhny District Court of Novosibirsk had ruled that the refusal of private wood trading company Sib-Alliance to hire gay woman Anna Balash as a sales manager was unlawful and ordered that 1,000 rubles (US$15) compensation be paid in moral damages [R2.10].

On 23 April 2015, it was reported that Kirovsky court of Saint Petersburg did not recognize the dismissal of a gay teacher for “immoral” behaviour (for restricted access publication on the Internet of photos of the teacher with her female partner), as discriminatory [R2.9].


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].

1. National
R1.3 ReutersUS: Russia gives green light for transgender drivers to stay on the road 14 JAN 15
R1.2 Time: Russia Won’t Let Transgender People Drive 08 JAN 15
R1.1 PinkNews: Russia rejects gay rights in G8 statement 13 APR 12
2. Courts & Tribunals
C2.12 Judgment: Case of Bayev and Others v. Russia No. 67667/09 20 JUN 17
R2.11 ReutersCA: European court angers Russia with 'gay propaganda' ruling 20 JUN 17
R2.10 RT: Siberian court orders company to compensate gay woman for job rejection 10 AUG 16
R2.9 TheDailyStar: Russian court upholds firing of teacher for being gay 23 APR 15
R2.8 GayLawNet®: Repeated unjustified Ban on Gay-Rights Marches in Moscow 21 OCT 10
R2.7 PinkPaper: Russia appeals Euro Court's Pride ban ruling 31 JAN 11
R2.6 The St. Petersburg Times: Third Court Upholds Gay Pride Appeal Issue #1620 (81), 22 OCT 10
R2.5 UK Gay News: 'Revolution' in Russia? Court Rules Ban on St Petersburg Gay Pride Was Illegal 07 OCT 10
R2.4 The Advocate: Court: St. Petersburg Must Allow Pride 12 OCT 10
R2.3 Russia Today: Russian court backs gay community protest 07 SEP 10
R2.2 PinkPaper: Court OKs Moscow Mayor calling gays faggots 20 JUL 10
R2.1 MCV: Russian Man Wins Landmark Ruling 29 SEP 05
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

National

On 14 January 2015, Health Ministry spokesman Oleg Salagai was reported to have said that transgender citizens would be able to keep on driving - after a new road safety decree listed transsexuality among the medical conditions that could prevent a person from driving - as a mental or behavioral disorder in itself was not a reason to stop someone driving [R1.2].

On 29 December 2015, Prime Minister Dmitry Medvedev signed an official decree that provides a list of illnesses that disqualify people from operating motor vehicles and indirectly includes gender identity disorders by referencing the “personality and behavior disorders” section of the International Classification of Diseases, published by the World Health Organization, which includes gender identity and behavior disorders [R1.1].

2.

Regions

On 07 November 2014, m2f transsexual Irina Shumilova and Alyona Fursova married in a St Petersburg registry office. Ms Shumilov is still treated as a man by the state though presenting herself in a wedding dress and holding bouquet of flowers [R3.1].

3.

Courts & Tribunals

On 26 June 2014, the Chelyabinsk court was reported to have ruled in favor of a f2m transsexual who took the local civil registry office to court over its refusal to recognize his newly acquired gender. The decision has not yet taken effect, and may be appealed by the registry office [R3.1].

R1.2 ReutersUS: Russia gives green light for transgender drivers to stay on the road 14 JAN 15
R1.1 Time: Russia Won’t Let Transgender People Drive 08 JAN 15
R2.1 PinkNews: Russia: Same-sex couple allowed to marry in St Petersburg 09 NOV 14
R3.1 TheMoscowTimes: Russian Court Orders Local Authorities to Recognize Transsexual’s New Gender 26 JUN 14
HIV Aids Legislation/Cases/References
See also: [MILITARY]
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].

2.

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].

R1.2 [Citation required] 
R1.1 PinkNews.co.uk: Russian Activists Call for End to Restrictions on HIV+ Visitors 06 FEB 09
C2.2 European Court of Human Rights: Kiyutin v. Russia Application No. 2700/10, 10 MAR 11
R2.1 PinkPaper: Euro Court rules against Russia in HIV case 16 MAR 11
Homosexuality, Sodomy Legislation/Cases/References
1.

National

On 18 January 2016, the State Duma Committee on Constitutional Legislation and State-Building reportedly declined to endorse a controversial draft bill that would introduce fines and arrests for people who publicly express their homosexuality ahead of an expected vote on the measure [R1.8].

On 12 January 2016, it was reported that the Duma was expected to debate proposed legislation on 19 January 2016 that will make 'coming out' unlawful and ban public displays of affection among gay men but not lesbians [R1.7].


In May 1993, Clause 121.1 of the Soviet-era Criminal Code that criminalized homosexuality was repealed [R1.6].

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 [R1.5].


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 [R1.4].


In December 2008, Russia refused to sign a French-led United Nations declaration calling for the decriminalisation of homosexuality across the globe [R1.3].


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 [R1.2].


On 1934, USSR passes a law punishing homosexual relations between consenting adults with five year jail. The sentence was increased to eight years in cases of abuse of aurthority or violence [R1.1].

2.

Republics

On 07 July 2017, it was reported that officials from the Russian territory have reportedly resumed arresting men suspected of being gay [R2.1].

R1.8 RadioFreeEurope: Russian State Duma Committee Comes Out Against Antigay Bill 18 JAN 16
R1.7 GayStarNews: Russia will decide on banning people from coming out as gay next week 12 JAN 16
R1.6 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
R1.5 The Week: Gay Marchers Attacked 03 JUN 06
R1.4 Moscow Times: Deputies Want to Outlaw Gay Sex 25 APR 02
R1.3 Southern Star: Australia to Support UN Declaration 18 DEC 08
R1.2 Capital Q: Gays Dropped from Diseased List 03 DEC 99
R1.1 Pierre Borhan: Men for Men: Homoeroticism and Homosexuality in the History of Photography Since 1840 2007 at page 64
R2.1 EdgeMediaNetwork: Chechnya Reportedly Resumes Arresting Gay Men 07 JUL 17
Marriage Legislation/Cases/References
1.

National

On 07 November 2014, m2f transsexual Irina Shumilova and Alyona Fursova married in a St Petersburg registry office. Ms Shumilov is still treated as a man by the state though presenting herself in a wedding dress and holding bouquet of flowers [R1.4].

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].

2.

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].

R1.4 PinkNews: Russia: Same-sex couple allowed to marry in St Petersburg 09 NOV 14
R1.3 Gay Russia: Gay Pair attempted to register a marriage in Siberia 17 FEB 10
R1.2 The Age: Gay Wedding Dooms Chapel 10 OCT 03
R1.1 New York Times: Men Marry, With and Without a Church Blessing 09 SEP 03
R2.4 The Moscow Times: Gay Marriage Suit Filed 19 JAN 11
R2.3 Interfax: Moscow City Court turns down lesbians' complaint 21 JAN 10
R2.2 PinkNews.co.uk: Russian court denies lesbians the right to marry 06 OCT 09
R2.1 The Advocate: Lesbian Couple Battle Russian Courts 27 AUG 09
Military Legislation/Cases/References
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].

R1.2 RIA Novosti: Russian gays not banned from military service – Putin 02 DEC 10
R1.1 Russia Bans Gay or HIV-Positive Servicemen 13 MAR 03
Parenting, Adoption, Fostering Legislation/Cases/References
1.

National

On 13 Febraury 2014, Prime Minister Dmitry Medvedev reportedly signed a decree banning the adoption of Russian children by same-sex couples, as well as by unmarried citizens of countries where same-sex marriage is legal, with effect from 12 February. The move comes as a technical amendment to the law passed in mid-2013 and offers detailed legal definitions of basic rules already included in the Russian Family Code [R1.5].

On 03 July 2013, President Vladimir Putin signed the law banning foreign married gay and lesbian couples (and individual people or unmarried couples who live in countries with marriage equality) from adopting Russian children [R1.4].

On 21 June 2013, the Duma approved the bill barring same-sex foreign couples from adopting Russian children by a 444-0 vote in its third and final reading, sending it to the upper chamber, which is also expected to approve it [R1.3].

On 18 June 2013, the Duma unanimously passed the second reading of a bill banning the adoption of Russian children by foreign couples in same-sex relationships and single people living in countries where same-sex marriage is legal. The Bill is expected to pass the third reading on 21 June [R1.2].

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].

R1.5 RT.com: Russia bans adoptions by foreign same-sex couples 13 FEB 14
R1.4 GayStarNews: Putin signs adoption ban on foreign gay couples into law 03 JUL 13
R1.3 Reuters UK: Heeding Putin, Russian Duma backs ban on same-sex adoptions 21 JUN 13
R1.2 RiaNovosti: Russian Lawmakers Back Ban on Adoption by Same-Sex Couples 18 JUN 13
R1.1 The Advocate: US Gay Couples Banned From Russian Adoption 21 JUL 10

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