SAVVA TERENTYEV v. RUSSIA JUDGMENT 7 B. Criminal Code 30. Article 282 of the Criminal Code of Russia (“the Criminal Code”), as in force at the relevant time, read as follows: “1. Actions aimed at inciting hatred or enmity and humiliating the dignity of an individual or a group of individuals on the grounds of gender, race, ethnic origin, language, background, religious beliefs or membership of a social group, committed publicly or through the mass media, shall be punishable by a fine of 100,000 to 300,000 Russian roubles [RUB], or an amount equivalent to the convicted person’s wages or other income for a period of one to two years, by withdrawal of the right to hold certain posts or carry out certain activities for a period of up to three years, by compulsory labour of up to 180 hours or by correctional labour of up to one year, or by a deprivation of liberty of up to two years ...” C. Court practice 31. On 22 April 2010 the Constitutional Court of Russia declared inadmissible a complaint about the vagueness and unforeseeability of the term “social group” as defined by Article 282 § 1 of the Criminal Code (decision no. 564-O-O of 22 April 2010). The relevant part of the decision read as follows: “... Article 282 of the Criminal Code of Russia punishes actions aimed at inciting hatred or enmity, as well as the humiliation of human dignity. This provision ... guarantees recognition and respect for human dignity regardless of any physical or social attributes, and establishes criminal liability only for actions committed with direct intent and aimed at inciting hatred or enmity, as well as the humiliation of dignity of an individual or a group of individuals. Therefore this legal provision does not lack foreseeability and may not be considered as breaching the applicant’s constitutional rights.” 32. On 28 June 2011 the Supreme Court of Russia adopted resolution no. 11 on Court Practice in respect of Criminal Cases concerning Criminal Offences of Extremist Orientation (Постановление Пленума Верховного суда РФ от 28 июня 2011 г. № 11 «О судебной практике по уголовным делам о преступлениях экстремистской направленности»). In particular, its paragraph 7 provided that actions aimed at inciting hatred or enmity were to be understood as comprising statements vindicating and/or affirming the necessity of genocide, mass repressions, deportations and other illegal actions, including the use of violence, in respect of representatives of a certain nationality, race, followers of a certain religion and other groups of individuals. Criticism of political organisations, ideological and religious associations, political, ideological and religious convictions, national and religious customs, should not, as such, be regarded as an action aimed at inciting hatred or enmity. 33. Paragraph 23 of the same resolution stated that when ordering a forensic expert examination in cases concerning a criminal offence of extremist orientation, experts should not be asked legal questions falling