Article 123

Article 137

Chapter 25 notch. Seizure of postal and telegraph items. Control and recording of negotiations. Obtaining information about connections between subscribers and (or) subscriber devices

Federal Law No. 436-FZ of December 29, 2010 “On the protection of children from information harmful to their health and development” with comments by the company’s lawyers

Federal Law No. 436-FZ of December 29, 2010 “On the Protection of Children from Information Harmful to Their Health and Development” as of 2012, subject to amendments and additions introduced by the Federal Law of July 28, 2012

Overview of amendments to Federal Law No. 436-FZ of December 29, 2010 Federal Law No. 139-FZ of July 28, 2012 (effective from July 30, 2012) The requirements for protecting children from harmful information have been adjusted. In particular, uniform signs of information

Federal Law No. 436-FZ of December 29, 2010 “On the Protection of Children from Information Harmful to Their Health and Development” Adopted by the State Duma on December 21, 2010 Approved by the Federation Council on December 24, 2010 This Federal Law entered into force on September 1, 2012

Chapter 5. Control (Surveillance) in the Sphere of Protecting Children from Information Harmful to Their Health and (or) Development Article 20

Chapter 6. Responsibility for offenses in the field of protecting children from information harmful to their health and (or) development Article 22. Responsibility for offenses in the field of protecting children from information harmful to their health and (or) development Violation

§ 5. Practical recommendations for publishers and authors on the protection of copyright and related rights As noted earlier, copyrights are subject to protection in case of their infringement. Since they may belong to different persons, then, therefore, the court has the right to apply not

21. What is the importance of the Federal Law of December 27, 2002 "On Technical Regulation" No. 184 - FZ for consumer protection. And the main purpose of this law? On July 1, 2003, the Federal Law of December 27, 2002 "On Technical Regulation" came into force,

of this Article subject to the provisions of Articles 7 of this Federal Law and the distribution of which among children of certain age categories is limited.

2. Information prohibited for dissemination among children includes information:

1) inciting children to commit actions that pose a threat to their life and (or) health, including harm to their health, suicide, or the life and (or) health of other persons, or aimed at inducing or otherwise involving children in committing such actions;

2) capable of arousing in children a desire to use narcotic drugs, psychotropic and (or) intoxicating substances, tobacco products, alcoholic and alcohol-containing products, take part in gambling, engage in prostitution, vagrancy or begging;

3) substantiating or justifying the permissibility of violence and (or) cruelty, or inciting to carry out violent actions against people or animals, except for the cases provided for by this Federal Law;

4) denying family values, promoting non-traditional sexual relations and forming disrespect for parents and (or) other family members;

5) justifying unlawful behavior;

8) about a minor who suffered as a result of unlawful actions (inaction), including last names, first names, patronymics, photo and video images of such a minor, his parents and other legal representatives, the date of birth of such a minor, an audio recording of his voice, his place of residence or place of temporary residence, place of his study or work, other information that allows you to directly or indirectly establish the identity of such a minor.

3. Information, the dissemination of which among children of certain age categories is limited, includes information:

1) presented in the form of an image or description of cruelty, physical and (or) mental violence, crime or other antisocial action;

2) causing fear, horror or panic in children, including those presented in the form of an image or description in a degrading form of non-violent death, disease, suicide, accident, accident or catastrophe and (or) their consequences;

3) presented as an image or description of sexual relations between a man and a woman;

Judicial practice under article 5 of the Federal Law of December 29, 2010 No. 436-FZ

Decision No. 2A-5127/2018 2A-5127/2018~M-6097/2018 M-6097/2018 dated November 29, 2018 in case No. 2A-5127/2018

Decision No. 2A-5125/2018 2A-5125/2018~M-6094/2018 M-6094/2018 dated November 29, 2018 in case No. 2A-5125/2018

Oktyabrsky District Court (City of St. Petersburg) - Civil and administrative

Information, Information Technologies and Information Protection”) in the Russian Federation, the dissemination of information is carried out freely, subject to the requirements established by the legislation of the Russian Federation. In accordance with Part 5 of Art. 15 of the Federal Law "On Information, Information Technologies and Information Protection", the transfer of information through the use of information and telecommunication networks is carried out without restrictions, subject to the established federal ...

Resolution No. 4A-2248/2018 dated November 29, 2018 in case No. 4A-2248/2018

Nizhny Novgorod Regional Court (Nizhny Novgorod region) - Administrative offenses

From information that is harmful to their health and (or) development, including from such information contained in information products. In accordance with Part 1 of Art. 5 of Law No. 436-FZ, information harmful to the health and (or) development of children includes: 1) information provided for in part 2 of this article and prohibited for dissemination among children; 2) ...

Decision No. 2A-3064/2018 2A-3064/2018~M-3269/2018 M-3269/2018 dated November 28, 2018 in case No. 2A-3064/2018

Decision No. 2A-3073/2018 2A-3073/2018~M-3252/2018 M-3252/2018 dated November 28, 2018 in case No. 2A-3073/2018

Leninsky District Court of Saransk (Republic of Mordovia) - Civil and administrative

For propaganda of war, inciting national, racial or religious hatred and enmity, as well as other information, the dissemination of which provides for criminal or administrative liability. According to Part 5 of Article 15 of the Federal Law of July 27, 2006 No. 149-FZ, the transfer of information through the use of information and telecommunication networks is carried out without restrictions, subject to the requirements established by federal laws ...

Decision No. 04818/2018 2A-5822/2018 2A-5822/2018~04818/2018 dated November 28, 2018 in case No. 04818/2018

The course of which social network"VKontakte" revealed groups with open access "AUE" () containing information prohibited for distribution among children in accordance with Art. 5 of the Federal Law of December 29, 2010 No. 436-FZ “On the Protection of Children from Information Harmful to Their Health and Development” (justifying unlawful behavior; containing obscene language; capable of causing ...

Decision No. 04787/2018 2A-5771/2018 2A-5771/2018~04787/2018 dated November 28, 2018 in case No. 04787/2018

Central District Court of Orenburg (Orenburg region) - Civil and administrative

Legitimate interests of citizens, an indefinite circle of persons or interests of the Russian Federation, constituent entities of the Russian Federation, municipalities, as well as in other cases provided for by federal laws. According to paragraph 5 of Art. 15 of the Federal Law of July 27, 2006 No. 149-FZ “On Information, Information Technologies and Information Protection”, the transfer of information through the use of information and telecommunication networks is carried out without ...

MINISTRY
CONTACTS
AND MASS COMMUNICATIONS
RUSSIAN FEDERATION
(Ministry of Communications of Russia)

DEPUTY MINISTER

Commissioner for Children's Rights in St. Petersburg
S.Yu. Agapitova

_________________ № _________________
52-165/BA dated August 14, 2012
to No. ________________________________

On the application of the norms of the Federal Law
dated December 29, 2010 No. 436-FZ “On the protection of children
from information harmful to their health and development”

Dear Svetlana Yurievna!

In connection with your letter on the application of the norms of the Federal Law of December 29, 2010 No. 436-FZ “On the Protection of Children from Information Harmful to Their Health and Development” (hereinafter referred to as the Federal Law
436-FZ), within the scope of our competence, we report the following.
On the issue of 1 appeal
Federal Law No. 436-FZ expressly establishes that the provisions of Part 1 of Article 12 of Federal Law No. 436-FZ do not apply only to printed matter put into circulation before September 1, 2012.
According to Part 1 of Article 6 of Federal Law No. 436-FZ, the classification of information products is carried out by their producers and (or) distributors independently (including with the participation of an expert, experts and (or) expert organizations that meet the requirements of Article 17 of Federal Law No. 436-FZ) before the start of its circulation in the territory of the Russian Federation.
Only printed products that can harm the health and (or) development of children should be marked. The types of information harmful to the health and (or) development of children are defined in Article 5 of Federal Law No. 436-FZ.
If there is any doubt about the conformity of information products with the sign of information products indicated by the manufacturer, you have the right to order an examination of information products by an expert, experts and (or) expert organizations accredited by the Federal Service for Supervision of Communications, Information Technologies and Mass Communications.
The procedure for conducting such an examination was approved by order of the Ministry of Telecom and Mass Communications of Russia dated August 29, 2012 No. 217 (registered by the Ministry of Justice of Russia dated October 16, 2012, registration No. 25682). The term of the examination may not exceed 30 days from the date of conclusion of the agreement on its conduct. Payment for the services of experts and reimbursement of expenses incurred by them in connection with the examination are carried out at the expense of the customer of the examination.
On the issue of 2 appeals
Article 6.17 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) provides for administrative liability for violation of the legislation of the Russian Federation on the protection of children from information that is harmful to their health and (or) development.
In particular, part 1 of this article provides that a violation of the established requirements for the distribution among children of information products containing information that is harmful to their health and (or) development (with the exception of cases provided for in Article 6.20, part 3 of Article 13.15 and part 2 of Article 13.21 of the Code of Administrative Offenses Russian Federation), if this action does not contain a criminally punishable act, - shall entail the imposition of an administrative fine on citizens in the amount of two thousand to three thousand rubles with confiscation of the subject of the administrative offense; on officials - from five thousand to ten thousand rubles; on persons engaged in entrepreneurial activities without forming a legal entity - from five thousand to ten thousand rubles with confiscation of the subject of an administrative offense and (or) administrative suspension of activities for a period of up to ninety days; on the legal entities- from twenty thousand to fifty thousand rubles with confiscation of the subject of the administrative offense and (or) administrative suspension of activities for up to ninety days.
In addition, Article 13.21 of the Code of Administrative Offenses of the Russian Federation provides for higher penalties (up to 200 thousand rubles) for funds mass media in cases where they violate established order dissemination of information products among children.
Other measures of administrative liability for violation of the legislation of the Russian Federation on the protection of children from information harmful to their health and (or) development, on this moment not provided.
At the same time, it should be noted that the distribution of powers for the implementation of state supervision and control over the circulation of information products between Rospotrebnadzor, the Ministry of Culture of Russia, Rosobrnadzor and Roskomnadzor, based on the types of information products, the specifics (method) of its distribution and the scope of activities of federal executive authorities.
Thus, state control over compliance with the requirements of the legislation of the Russian Federation in the field of protecting children from information that is harmful to their health and (or) development is carried out by:
Rosobrnadzor - in relation to information products used in the educational process;
Ministry of Culture of Russia - for the circulation of information products related to audiovisual products on any type of media,
as well as information products distributed through entertainment events related to the established field of activity of the Ministry;
Rospotrebnadzor - for the compliance of information products sold to consumers, in terms of indicating in the accompanying documents for information products the information obtained as a result of the classification of information products, as well as placing the sign of information products in accordance with the specified information in compliance with the requirements of technical regulations;
Roskomnadzor - in relation to the production and release of mass media, broadcasting of TV channels, radio channels, TV programs
and radio programs, as well as the dissemination of information through information and telecommunication networks (including the Internet) and mobile radiotelephone networks (with the exception of supervisory powers exercised in this area by Rosobrnadzor
and Rospotrebnadzor).
For other issues set out in your letter, we consider it appropriate to contact the Ministry of Culture of the Russian Federation, which is the federal executive body responsible for the development and implementation of state policy and legal regulation, including in the field of culture, art, cultural heritage, archiving.

Federal law 436 on information protection implies a number of measures aimed at preserving the health and development of children. The provisions of Federal Law 436 do not apply to the following types of information products:

• scientific, scientific-technical and statistical data;
• categories of information unacceptable for restriction in distribution according to July 27, 2006;
• information of historical, artistic or cultural value to society.

The effect of Federal Law 436 also does not apply to advertising. You can download the Data Protection Act

Federal Law 436 "On the protection of children from information harmful to their health and development" was adopted on December 21, 2010. Structurally, it is divided into chapters, taking into account the following issues:

• general provisions of the Law on Information Protection of Children;
• classification of information products;
• requirements for its turnover;
• conducting an examination;
• state supervision and public control;
• liability for violations.

General provisions The Federal Law on Information Security of Children include the basic concepts and principles used in the document. Legislative norms are taken into account, as well as the powers of federal and regional authorities. Separately, there is a list of types of information that, according to legislators, is harmful to the health and development of children.

Classification of information products subdivided according to the following provisions:

• information for children under 6;
• products for ages 6 to 12;
• information for the age category up to 16 years;
• information products for teenagers from 16 years old.

Requirements for the circulation of information products obligatory presence of a sign. Additional requirements are prescribed for information intended for television and radio broadcasting. The dissemination of information through information and telecommunication networks is regulated separately. Additional requirements are also determined for turnover certain categories products and for information that is prohibited for children.

In carrying out expertise of information products Federal Law 436 defines the general requirements for its implementation. The concept of an expert opinion is prescribed, as well as the legal consequences of information expertise.

Articles 20-21 of Federal Law 436 define the principles state supervision, public control and responsibility for offenses in the field of protecting children from harmful information. Final provisions document regulate the procedure for its entry into force - the law came into force on September 1, 2012.

Since its publication, several amendments have been made to it, aimed at eliminating inaccurate wording and ambiguous interpretation of legal provisions. The latest amendments to the Law on the Protection of Children from Negative Information were made in May 2017.

Download law on information security of children

Download Federal Law 436 "On the Protection of Children from Information Harmful to Their Health" possible by . The document is presented in the latest version, relevant as of July 2017. The text, which includes the latest changes, will be relevant for human rights defenders interested in an in-depth study of the legislation. Also, the document will be useful for citizens who get acquainted with their rights.

Recent changes made to 436 law

Recent changes to the Law on Information Security of Children have been introduced May 1, 2017. Amendments have been made to the following articles:

• in paragraph 6 of part 4 of article 11 of the Federal Law 436 added the words " and audiovisual services»;
• in article 14 Part 3 was introduced on the need for an information product mark for an audiovisual service.

Separately, we should consider the provisions of the Law on the Protection of Children from Negative Information concerning its full and limited dissemination among minors. Types of information harmful to children's perception determined Article 5 of Federal Law 436. According to its terms completely prohibited disseminate information products among minors:

• encourages children to commit actions to the detriment of their health or life;
• capable of causing a desire to use alcohol, tobacco products, drugs or psychotropic substances, or engage in prostitution, vagrancy, begging;
• justifying violence or cruelty, other illegal behavior;
• denying family values, disrespect for relatives, promoting non-traditional sexual relations;
• containing obscene language or scenes of a pornographic nature.

It is also not allowed to disseminate information about minors who have suffered from illegal actions.

To the information restricted for distribution among minors, include the following products:

• showing physical or mental violence, crime or other anti-social act;
• causing terror, fear or panic;
• depicting sexual relations between a man and a woman;
• containing abusive expressions that are not related to obscene language.

The last changes to Article 5 of Federal Law 436 on the protection of children from negative information were made on June 29, 2015. They corrected the wording of point 2 of part 2 - the wording about beer and drinks made on its basis was excluded.

In the Russian Federation, on September 1, 2012, the Federal Law “On the Protection of Children from Information Harmful to Their Health and Development” No. 436 came into force, which was adopted on December 29, 2010. In view of the fact that information is a product of mass consumption, to it has certain requirements related to both its quality and content. In order to create legal mechanisms for the protection and protection of children from information that may cause them physical or mental harm, this law was adopted. However, it is worth noting that the state cannot fully restrict the information that reaches the child, and parents or guardians should play a decisive role here, explaining to the child what is good information and what is not. In this article, we will understand what the law on protecting children from harmful information is.

It is worth noting that the draft law on protecting children from information was not created on its own, several other federal laws were adopted before it, which contain prohibitions on promoting the use of certain substances, the distribution or use of which is prohibited or restricted in Russia. Also, it is worth noting that before the law on protecting children from harmful information was adopted in Russia, local laws were passed in some regions of the country that also prohibited the promotion of alcohol, tobacco products, etc. among children.

The Law on the Protection of Children from Information does not provide for any specific liability for its violation. Its violation is established in accordance with the legislation of the Russian Federation and, as a rule, the violator is brought only to administrative responsibility.

The Child Protection Act of 2012 for the majority of the population of our country is manifested in informing the age availability of this or that type of information. For example, icons appeared on television indicating the age limit of the program. The law itself specifies almost all means of disseminating information in Russia, such as radio, television, print media and Russian Internet resources.

Information distributed in our country can be conditionally divided in accordance with the law:

1. Information that could be harmful to children's health or development. At the same time, in the same paragraph, it is necessary to separately highlight the information that is prohibited for distribution or limited in accordance with age groups;
2. To information that is not regulated by the federal law on the protection of children from information No. 436-FZ.

The Russian Federation restricts information containing footage of violence, with elements of cruelty, as well as footage of disasters and scenes sexual in nature. In particular, information may be restricted in accordance with the form of its dissemination, for example, it may be restricted in different ways on television, radio and Internet resources.

The Law on the Protection of Children from Negative Information defines prohibited information, which includes information of pornographic content, information that encourages the use of alcohol, tobacco and drugs, etc.

The fact that information is prohibited for dissemination among children does not mean that it cannot be placed in places that are accessible to children. At the same time, its location is determined by organizational and administrative rules that restrict, to one degree or another, access to it for children. For example, you can note the sale of tobacco, when it is forbidden to display cigarettes on the shelves or magazines of a sexual nature, which are packaged in individual packaging that restricts product viewing.

The Law on the Protection of Children from Information regulates several categories of information, in accordance with age restrictions for children, they consist of:

• for children under 6 years old;
• for children from 6 years old;
• for children up to 12 years old;
• for children under 16;
• Inaccessible to children.

The assessment by categories is carried out by the information producer itself with the involvement of experts. At the same time, when evaluating information materials, attention is paid to such properties as the content of information, its subject matter, genre and artistic design of information. Also, the peculiarities of the perception of information by children of a certain age group are taken into account, with the exclusion of a negative impact on their health and development.