Which set the following:

Article 121. Sodomy

Sexual intercourse between a man and a man (sodomy)

Punishable by imprisonment for a term of up to five years.

Sodomy committed with the use of physical violence, threats, or against a minor, or taking advantage of the dependent position of the victim,

Punishable by imprisonment for a term of up to eight years.

Before criminal liability For sodomy, Art. 154a of the Criminal Code of the RSFSR of 1926:

154-a. Sexual intercourse between a man and a man (sodomy) - imprisonment for a term of three to five years.

Sodomy committed with the use of violence or taking advantage of the dependent position of the victim - imprisonment for a term of three to eight years

Story

Acceptance of the article

In the first versions of the criminal legislation of the RSFSR, there was no liability for homosexuality.

As the latest archival research shows, the initiator of the introduction of criminal prosecution for sodomy was the OGPU. In September 1933, the first raid on persons suspected of sodomy was carried out, as a result of which 130 people were arrested for suspected homosexual relations. In a memo from the Deputy Chairman of the OGPU, Genrikh Yagoda, Stalin was informed about the disclosure of several groups in Moscow and Leningrad that were engaged in “by creating a network of salons, hearths, dens, groups and other organized formations of pederasts with the further transformation of these associations into direct spy cells... the active pederasts, using the caste isolation of pederast circles for directly counter-revolutionary purposes, politically corrupted various social strata of youth, in particular working youth, and also tried to infiltrate the army and navy.”. On the document, Joseph Stalin noted: “The scoundrels must be roughly punished, and the corresponding governing decree must be introduced into legislation.”

Number of convicts

The total number of people convicted under this article is unknown. In the 1980s, about 1,000 men were convicted annually and sent to prisons and camps. In the late 1980s, their number began to decrease. According to the Ministry of Justice of the Russian Federation, in 1989, 538 people were sentenced under Article 121 in Russia, 497 - 497, 462 - 462, in the first half of 1992 - 227 people. According to Dan Healy, current maximum estimates of the number of people convicted under this article reach 250,000. Referring to data from participants in the anti-homophobia movement in Russia, he cites the number 60,000 as more realistic, based on conviction data by year (approximately 1,000 people per year, data GARF and CMAM). However, he also agrees with the opinion of Neil McKenna, who claims that it is hardly possible to find out the exact figure due to the lack of access to the necessary archives. The same figures are indicated by Valery Chalidze (magazine “The Advocate” December 3, 1991) and Sergey Shcherbakov (Collection of materials from the Conference on Sexual Cultures of Europe, Sexual Cultures in Europe, Amsterdam, 1992).

Movement to repeal the article

Cancellation of the article and consequences

Part 1 of Article 121 was excluded from the Criminal Code of the RSFSR on May 27, 1993; sodomy, as such, ceased to be a crime in Russia; but was preserved as a sign of composition in art. 132, 133, 134 of the new Criminal Code of the Russian Federation, adopted in

These articles establish liability for violent acts of a sexual nature (Article 132), coercion to acts of a sexual nature (Article 133) and sexual intercourse and other actions of a sexual nature with a person under sixteen years of age (Article 134).

According to the resolution of the Plenum of the Supreme Court of the Russian Federation dated June 15, 2004, explaining to the courts the specifics of the application of Articles 131 and 132 of the Criminal Code of the Russian Federation, sodomy refers to sexual contacts between men.

It should be noted that the sanction for the above crimes is identical to the sanction for similar crimes associated with ordinary heterosexual sexual intercourse, therefore we cannot talk about any discrimination here. The differences are of a formal nature: the legislator considered it fundamental to separate the concepts of “sexual intercourse” - sexual intercourse between a man and a woman (one of the possible consequences of which is the conception of a child), and “other actions of a sexual nature.”

The victims of Article 121 were not officially recognized as victims of political repression, which is what a number of human rights organizations are seeking. The Russian Network of LGBT Organizations declared 2009 the “Year of Remembrance of Gays and Lesbians - Victims of Political Repression.”

Famous people convicted under Articles 121 or 154a

Notes

1. Vladimir Tolts, 2002
2. Maxim Gorky, 1953, p.238
3. Vladimir Kozlovsky, 1986, p.154
4. Healy D. Homosexual attraction in revolutionary Russia. M., 2008. P.297
5. "The rights of gays and lesbians in Russian Federation. Report of the International Commission on Human Rights for Gays and Lesbians” prepared by Masha Gessen. Introduction L.I. Bogoraz. San Francisco. IGLHRC, 1993

The situation of lesbians, gays, bisexuals, transgender people in the Russian Federation Kochetkov (Petrov) Igor

Criminal liability for homosexual relations

Criminal prosecution The very fact of homosexual relations has not been ignored in the domestic legal space. The Criminal Code of the RSFSR of 1960, in its original version, contained the crime of “sodomy” (Article 121), according to which sexual intercourse between a man and a man was punishable by imprisonment for up to five years. Sodomy using physical violence, threats or taking advantage of the dependent position of the victim was punished more severely than rape: imprisonment for up to eight years. Sodomy against a minor (without the use of violence) also entailed stricter penalties than heterosexual sexual intercourse with a person under puberty, and was punishable by up to eight years in prison.

With the fall Soviet Union Democratic transformations in Russia also led to the reform of criminal legislation. Already in 1991, the need to decriminalize non-violent homosexuality was emphasized at the official level, and in 1993, Art. 121 of the Criminal Code of the RSFSR was amended: only sodomy committed with the use of violence or threats against a minor, as well as taking advantage of the dependent position or helpless state of the victim, began to be considered a crime, while the maximum liability for the corresponding crime was reduced to seven years.

The provisions of the current Criminal Code of the Russian Federation of 1996 can be characterized as a step towards recognizing the admissibility of homosexual relations:

1) a special part of the Criminal Code of the Russian Federation, containing specific elements of crimes, no longer considers sexual relations between persons of the same sex as such as a crime;

2) despite the identification of two different crimes - rape (heterosexual sexual intercourse, Art. 131) and violent acts of a sexual nature (including sodomy and lesbianism, Art. 132), responsibility for these crimes is identical (in both cases the punishment may be deprivation freedom for a term of three to six years in the case of unqualified personnel and from four to ten years or from eight to fifteen years in the presence of qualifying characteristics, which are also formulated in the same way);

3) The Criminal Code of the Russian Federation considers together and equates crimes consisting of coercion to acts of a sexual nature (Article 133) and sexual intercourse and other actions of a sexual nature with a person under sixteen years of age (Article 134), regardless of their homosexual or heterosexual nature (i.e., the age of consent is equal for heterosexual and homosexual relationships), and responsibility in both cases is provided for within the same framework.

However, since the adoption of the Criminal Code of the Russian Federation, a number of political figures have attempted to amend the criminal legislation and introduce criminal liability for the promotion of homosexual relations, but none of the proposed projects was adopted.

Of particular note is the project “On introducing an amendment to the Criminal Code of the Russian Federation, providing for criminal liability for the promotion of homosexuality,” proposed by deputy A.V. Chuev several times during 2003-2006. in various editions. This bill was intended to establish criminal liability for “propaganda of homosexuality contained in public speaking, publicly displayed work or media, including that expressed in the public demonstration of a homosexual lifestyle and homosexual orientation,” with liability in the form of deprivation of the right to hold certain positions or engage in certain activities.

It should be noted the position of the Government of the Russian Federation regarding the changes proposed by Chuev, expressed in official reviews of the draft draft:

Since homosexuality itself is not a criminal offense, its propaganda cannot be considered as a socially dangerous encroachment on the object of criminal legal protection. The proposed addition contradicts the provisions of Article 29 of the Constitution of the Russian Federation (in terms of limiting the expression of one’s opinions and beliefs), as well as Articles 8, 10 and 14 of the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, which provide for the right to respect for private and family life, freedom of expression opinions and prohibition, discrimination.

In order to ensure the protection of sexual freedom and sexual integrity of both men and women, the legislator established criminal liability for crimes of a sexual nature, including sodomy and lesbianism, associated exclusively with violence or the threat of its use. In turn, the commission of actions of this nature by mutual consent of the parties does not constitute not only a crime, but also an administrative offense. In this regard, responsibility for the promotion of homosexuality cannot be established in the absence of responsibility for homosexuality itself. In addition, this proposal is not consistent with the provisions of the Law of the Russian Federation of December 27, 1991 No. 2124-1 “On the Mass Media,” in particular Article 4, which establishes a ban only on the dissemination of information, the dissemination of which is prohibited by federal laws.

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I hope that this will be a whole series of posts about LGBT people, and it will begin with an excursion into history. As is known, Stalin, in his desire to destroy as much as possible more people insisted on the adoption of a special criminal article for the persecution of gays... But is this really so?

Article 121 could not be applied if sexual relations began by mutual consent - to initiate a case, a statement from the injured party was required, and if there was no victim, there was no case. This, by the way, was reflected in the Soviet textbook on criminal law. And global experience in cases of sexual harassment shows that in most cases, coercion occurs without the use of violence at all. For example, in the case of a relationship between a boss and a subordinate.

Think about it. Equating sodomy with homosexuality is a blatant homophobic cliche. Sodomy is the attraction of a man by a man to anal sex. Moreover, the majority of those brought under Article 121 are heterosexuals (!) in same-sex male groups - the army, schools, seminaries, and in places of detention. The literal wording in the text of the article (in the latest edition): "Sexual intercourse between a man and a man (sodomy), committed with the use of physical violence, threats, or against a minor, or taking advantage of the dependent position or helpless state of the victim" - does not allow the interpretation that latent homophobes from liberal parties give it. Moreover, Article 118 of the Criminal Code of the RSFSR provided for criminal punishment for the same acts committed against a woman. Therefore, the demand for the repeal of Article 121 without other conditions is outrageous sexism. But in 1993, Article 121 was not repealed at all, but was combined with Article 118 as part of Article 133: “Forcing a person to have sexual intercourse, sodomy, lesbianism or commit other acts of a sexual nature by blackmail, threats of destruction, damage or confiscation of property or using the financial or other dependence of the victim” . That is, sodomy is prosecuted by both the Criminal Code of the Russian Federation and the Criminal Code of the RSFSR, but the punishment is significantly mitigated. If it is possible to discern any discrimination in the text of the Criminal Code of the RSFSR, it is discrimination against women, since different terms of imprisonment were provided for the same act committed against a man or a woman. (up to 3 years according to 118 and up to 7 years according to 121). However, it is worth considering that the specificity of most crimes provided for in Article 121 are crimes committed in same-sex male groups - at secure facilities under special psychological conditions. As for other examples, such as the conviction of theater director Zinovy ​​Korogodsky for sexual harassment of his subordinate, he did not even serve time three years- that is, the term that would have threatened him if his subordinate turned out to be a woman. By the way, I would like to draw your attention to the fact that this guy was involved in the case precisely as a victim, and not as an “accomplice”)

Update: I want to say a huge thank you to everyone who made critical comments, argued and refuted my position, and opposed me in in social networks. No, of course, I have not abandoned my point of view; it still seems true to me. However, your comments helped me understand one simple idea, which at first did not reach my mind, blinkered by individualism: I really do not have enough convincing arguments to immediately reject the already established ideas about criminal liability for sodomy in the USSR. My worst mistake was quoting Article 121 as amended in 1993, shortly before its cancellation, when the most controversial first part had already been excluded from it. The example I cited of Parajanov also turned out to be unconvincing, since Parajanov was convicted under the second part of Article 121.

I believe that this will not be the last post touching on the LGBT topic and, most likely, after completing the series of posts, I will begin compiling solid material based on them - taking into account, among other things, your criticism, dear commentators.

The term “sodomy” in modern Russian is used in two meanings: as a designation of homosexual contact between men (usually in a religious context) or as a purely legal term meaning a specific crime. Let's try to figure out what meaning this word has and what legal meaning it has.

"Sin of Sodom"

Thinking about the question “Sodomy - what is it?”, you inevitably begin to remember the Bible. And indeed: this word came into the Russian language from Church Slavonic, and specifically from religious law. In it, this term initially meant exclusively anal sex between two men.

A synonym for the term “sodomy” in church law is also the later name “sodomy,” borrowed from European languages. This term is associated with the biblical legend about the city of Sodom, whose inhabitants became famous for such perverted behavior that they even began to pester the angels who came to the city to the only righteous Lot. It should be noted that in the ecclesiastical legal sense, sodomy is not only sodomy, but also all other sexual practices considered vicious from the point of view of the Church (masturbation, oral sex, even extramarital affairs).

Punishment for sodomy in old Russia

Initially, in Rus' homosexuals were treated rather leniently. There was no criminal punishment for it under secular law, and church punishments were limited to penance for a period of one to seven years - that is, practically the same as for fornication between a man and a woman.

However, over time the situation has changed. Influenced Western Europe Articles for sodomy appeared in Russian law, providing for severe punishment. The most terrible thing for homosexuals was, perhaps, the rule. In the first years under it, there was a rule according to which this crime was punishable by burning (a thing, in general, for the Russian legal tradition, to put it mildly, is uncharacteristic). Later, the punishment was softened: ordinary homosexual contact was punishable, and those associated with rape were punishable by indefinite exile.

Later, up to the point of punishment, they were practically not used. However, the “Code” adopted in 1832 (essentially the first Russian criminal code) again contained provisions on liability for sodomy. Now the perpetrators were punished with prison for no less than three months, and in special circumstances (violence, sex with a minor) - up to eight years. This punishment was formally in effect until the October Revolution.

Pre-revolutionary law itself did not give a direct answer to the question about sodomy - what it is. However, in court practice, this crime was understood almost exclusively as anal intercourse.

Tolerant USSR?

In the early Soviet years, homosexuality was not prohibited. Old time law Russian Empire did not apply, and there was no liability in the new criminal laws.

Moreover, the leadership of the Union even suppressed attempts to introduce punishment for this in individual republics. The USSR of the twenties, not without reason, was considered a model of tolerance for sexual deviations. There was no article for sodomy in the USSR at that time.

Return to punishment

The situation changed in the early thirties. First, allegations appeared about sodomy, that it was an exclusively bourgeois perversion, intolerable in the Soviet state. The OGPU began arresting people suspected of unconventional relationships. It was alleged that homosexuals create secret organizations with the aim of corrupting and politically corrupting youth. And in 1934, an article for sodomy was introduced into the Criminal Code of the RSFSR, and a little later - into the Criminal Code of other republics of the USSR. From that moment on, sodomy again became a crime in the USSR.

Soviet legislation defined sodomy as any sexual contact between a man and a man. For voluntary sex, the punishment was imprisonment for up to five years, for violence or coercion - up to eight.

The exact number of people convicted under this article is unknown. It is believed that on average about a thousand sentences were passed in the USSR per year, but whether this is true is impossible to verify, since some of the criminal cases have been lost, and the absolute majority are still in closed archives. According to human rights activists, in total, at least 60 thousand people have served their sentences under the article punishing sodomy.

An interesting fact: only homosexual men were punished. Lesbian women were never punished in the USSR, and their preferences remained their own matter.

Abolition of criminal penalties

However, since the 70s, the opinion began to spread in the USSR that sodomy should be abolished. For example, there is a well-known joke: “Putting a homosexual in prison is the same as sentencing an alcoholic to a distillery.” More seriously, it was argued that the mere immorality of actions should not be considered a crime. However, until the very end of the USSR, responsibility remained.

The situation changed after the collapse of the Union and the declaration of Russian independence. Although in the first years of the existence of the Russian Federation, sodomy was still considered a crime (the old Soviet law was still applied), in 1993 the article was changed. From that moment on, punishment was imposed only for forced sodomy or for sex with a minor.

Modern Russian legislation on sodomy

Now in Russia there is no punishment for sodomy in itself. However, the term has been preserved. Now punishment is provided only for sodomy or other actions of a similar nature (including lesbianism), committed with the help of violence, coercion, or in which the victim is a person who has not reached the “age of consent” (in Russia it is set at 16 years). Voluntarily, adults and sane citizens have the right to do whatever they please.

Despite the fact that Russia has recently introduced liability for homosexual propaganda, there is no reason to believe that an article of the Criminal Code of the Russian Federation for sodomy will be introduced.

Which set the following:

Previously, criminal liability for sodomy was established by Art. 154a of the Criminal Code of the RSFSR of 1926:

Story

In the post-revolutionary legislative reform, the prosecution of homosexual behavior, which was present in the Criminal Code of Tsarist Russia, was abolished: in the Criminal Code of the RSFSR of 1922, the corresponding article was absent; in the 1920s, articles on liability for sodomy were removed from the Criminal Code of the Caucasian and Central Asian republics.

In 1926, at the invitation of the Soviet government, the USSR was visited by Magnus Hirschfeld, a gay emancipator and founder of the World League for Sexual Reform - and as a result, in 1928, at the Copenhagen congress of the Institut für Sexualwissenschaft, at which the founding of the League was announced, the USSR was cited as a model of sex -tolerance.

Acceptance of the article

As the latest archival research shows, the initiator of the introduction of criminal prosecution for sodomy was the OGPU. In September 1933, the first raid on persons suspected of sodomy was carried out, as a result of which 130 people were arrested for suspected homosexual relations. In a memo from the Deputy Chairman of the OGPU, Genrikh Yagoda, Stalin was informed about the disclosure of several groups in Moscow and Leningrad that were engaged in “by creating a network of salons, hearths, dens, groups and other organized formations of pederasts with the further transformation of these associations into direct spy cells... the active pederasts, using the caste isolation of pederast circles for directly counter-revolutionary purposes, politically corrupted various social strata of youth, in particular working youth, and also tried to infiltrate the army and navy.”. On the document, Joseph Stalin noted: “The scoundrels must be roughly punished, and the corresponding governing decree must be introduced into legislation.”

Number of convicts

The total number of people convicted under this article is unknown. In the 1980s, about 1,000 men were convicted and sent to prisons and camps every year. In the late 1980s, their number began to decrease. According to the Ministry of Justice of the Russian Federation, in 1989, 538 people were sentenced under Article 121 in Russia, 497 - 497, 462 - 462, in the first half of 1992 - 227 people. According to Dan Healy, current maximum estimates of the number of people convicted under this article reach 250,000. Referring to data from participants in the anti-homophobia movement in Russia, he cites the number 60,000 as more realistic, based on conviction data by year (approximately 1,000 people per year, data GARF and CMAM). However, he also agrees with the opinion of Neil McKenna, who claims that it is hardly possible to find out the exact figure due to the lack of access to the necessary archives. The same figures are indicated by Valery Chalidze (magazine “The Advocate” December 3, 1991) and Sergey Shcherbakov (Collected materials of the Conference on Sexual Cultures of Europe, Sexual Cultures in Europe, Amsterdam, 1992).

Cancellation of article

Movement to repeal the article

Cancellation of the article and consequences

Part 1 of Article 121 was excluded from the Criminal Code of the RSFSR on May 27, 1993.

Article 121. Sodomy.

Sexual intercourse between a man and a man (sodomy), committed with the use of physical violence, threats, or against a minor, or taking advantage of the dependent position or helpless state of the victim, -

is punishable by imprisonment for a term of up to seven years.

(as amended by the Law of the Russian Federation dated April 29, 1993 N 4901-1 - Gazette of the SND of the Russian Federation and the Supreme Court of the Russian Federation, 1993, N 22, Art. 789)

Criminal Code of the RSFSR 1960

Sodomy in the modern Criminal Code of the Russian Federation

Sodomy, as such, has ceased to be a crime in Russia; but was preserved as a sign of composition in art. 132, 133, 134 of the new Criminal Code of the Russian Federation, adopted in the city. These articles establish liability for violent acts of a sexual nature (Article 132), compulsion to acts of a sexual nature (Article 133) and sexual intercourse and other actions of a sexual nature with a person not who have reached the age of sixteen (Article 134).

According to the resolution of the Plenum of the Supreme Court of the Russian Federation dated June 15, 2004, explaining to the courts the peculiarities of the application of Articles 131 and 132 of the Criminal Code of the Russian Federation, sodomy refers to sexual contacts between men.

It should be noted that the sanction for crimes provided for in Articles 131 and 132 of the Criminal Code of the Russian Federation is identical to the sanction for similar crimes associated with ordinary heterosexual sexual intercourse, therefore it cannot be said here that the law distinguishes between these types of crimes. The differences are of a formal nature: the legislator considered it fundamental to separate the concepts of “sexual intercourse” - sexual intercourse between a man and a woman (one of the possible consequences of which is the conception of a child), and “other actions of a sexual nature.”

However, there are differences within the framework of Art. 134 of the Criminal Code of the Russian Federation: while the maximum punishment for voluntary heterosexual contact with a person from 14 to 16 years of age is four years of imprisonment (Part 1 of Article 134 of the Criminal Code of the Russian Federation), such homosexual contacts are punishable by imprisonment for up to six years (Part 1 of Article 134 of the Criminal Code of the Russian Federation). 2 Art. 134 of the Criminal Code of the Russian Federation). In addition, if the age difference between the victim (victim) and the defendant (defendant) is less than four years, then for the act under Part 1 of Art. 134 of the Criminal Code of the Russian Federation, punishment in the form of imprisonment is not applied. This rule does not apply to Part 2 of Art. 134 of the Criminal Code of the Russian Federation, that is, for homosexual contacts.

A number of human rights organizations are seeking the status of victims of political repression for those convicted under Article 121. The Russian Network of LGBT Organizations declared 2009 the “Year of Remembrance of Gays and Lesbians - Victims of Political Repression.”

Famous people convicted under Articles 121 or 154a

• Sergei Parajanov is a film director. He was convicted twice under the same article with a difference of 16 years.
• Vadim Kozin - Russian pop singer, convicted in 1944.
• Nikolai Klyuev is a peasant poet. In 1934, Klyuev was arrested, at that time he was almost the only person, who was persecuted for cohabiting with men. In 1937, he was shot on other charges.
• Nikolai Yezhov - People's Commissar of Internal Affairs of the USSR during the period of mass repressions. There is a version that Yezhov confessed to sodomy in order to avoid a more severe punishment, but his calculation did not come true, and he was shot in 1940.
• Gennady Trifonov is a writer, poet and dissident, known for his novel “The Grid” about the love of two prisoners. He was arrested, as he himself claims, for supporting Alexander Solzhenitsyn, who was expelled from the USSR, although he never hid his orientation, and was sentenced to 4 years.
• Klein, Lev Samuilovich - Soviet and Russian scientist, historian, anthropologist, archaeologist, philologist, Doctor of Historical Sciences.
• Korogodsky, Zinovy ​​Yakovlevich - theater director, professor, People's Artist of the RSFSR.
• Panchenko, Nikolai Dmitrievich - public figure, one of the founders of the “Society of HIV-Infected and AIDS Patients”. [ ]
• Shtarkman, Naum Lvovich - Russian pianist and music teacher, professor at the Moscow Conservatory (1987), Honored Artist of the RSFSR (1990), People's Artist of the Russian Federation (1996).
• Lvov-Anokhin, Boris Alexandrovich - Soviet and Russian theater director, theater critic, ballet specialist, People's Artist of Russia. [ ]