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gazeta.ru
January 17, 2002
Sex, Patriotism, Blasphemy and a Stalin-Era Melody
Yelena Roundneva, Artyom Vernidoub
On Wednesday the Russian State Duma almost unanimously approved the draft bill to make displays of disrespect towards the national anthem a criminal offence in its first reading. However, the lower house did not manage to define what constitutes an act of blasphemy towards the anthem, including whether making love to the sound of the Stalin era melody is disrespectful, or an act of patriotism, and whether accidentally singing the wrong words could be qualified as blasphemous.
President Putin’s decree at the end of 2000 to restore the melody of the old Soviet anthem caused heated debates and much dissent, regardless of the fact that new lyrics were composed. Some welcomed the return of the rousing tune composed by Alexandrov, while others castigated the Kremlin for the move, saying the anthem is a symbol of the Stalin era, which for many evokes bitter memories of repression.
Many, liberals, human rights activists and former dissidents who were persecuted in Soviet times still categorically refuse to stand up to the reinstated Stalinist era melody. And maybe it was this element that prompted a group of deputies to call for criminal liability to be introduced for those who demonstrate disrespect or contempt towards the revamped anthem.
The draft bill, put forward by Unity faction member Sergei Apatenko at the end of November last year, stipulates for the amendment of Article 329 of the Criminal Code to add disrespect towards the national anthem to be added to the criminal offence of defaming the Russian flag and national emblems.
The author of the bill proposes that the punishment for disrespecting the anthem should be the same as that for defaming the national flag and emblems – i.e. a fine of 100 to 300 minimum wages, or a travel ban of up to 2 years, or a prison sentence of up to a year.
In November last year Apatenko’s draft bill was approved by the Duma Legislation Committee. But the approval was far from unanimous. Those who backed the draft only slightly outweighed the opponents.
Some of the committee members said later that they failed to figure out what exactly constitutes an act of “anthem defamation”.
One of the members of the Duma’s legislation committee told Gazeta.Ru on condition of anonymity that the draft presented by Apatenko had been discussed by the committee twice. Initially the committee rejected it but the second time it was endorsed on condition that prior to the second reading the authors would define the term “defaming” more precisely. “There were plenty of suggestions as to what should be considered as defamatory,” the legislation committee member said.
“Some suggested that the bill should apply only to public performances of the anthem, although it is hard to understand whether singing it at a drinking session could be considered public. Some suggested that defaming should include adding obscene language to the lyrics while other deputies have called for a ban of the anthem at strip shows and casinos.”
On the first day of the State Duma’s spring session the deputies reviewed the controversial bill in the first, tentative, reading.
The anthem bill was the last item on Wednesday’s agenda, but the lower house’s deputies decided to prolong the session in order to continue the debate on the definition of defamation in relation to the national anthem.
The author of the bill quoted the definition of “defamation” in the Ozhegov concise dictionary: “Defamation is a malicious insult, blasphemy,” Apatenko read out. But it seemed that nobody cared to listen to him.
Yabloko’s Alexei Arbatov questioned whether using the wrong words when singing the anthem could be classed as defamation, given that almost no one knows the new lyrics properly anyway.
“Would the performance of the anthem be a defamation if a performer is tone-deaf, he lisps, or his articulation is poor?” asked Sergei Yushenkov who recently left the Union of Rightist Forces to help establish the new Liberal Russia party, reportedly financed by Berezovsky.
“And if a person sings the anthem standing under the red flag?” hard-line communist Vasily Shandybin asked.
Regions of Russia’s Vladimir Butkeyev wondered whether it would be considered defamatory or a manifestation of patriotism if young people make love to the sounds of Alexandrov’s anthem.
“That would be a perversion,” remarked Gennady Seleznyov, Duma chairman.
“But, you know, Americans wear pants adorned with the Stars and Stripes, and they consider it patriotic. They are brought up like that,” Butkeyev insisted.
Union of the Rightist Forces’ member and chief of the Legislation Committee Pavek Krasheninnikov decided put an end to discussion and mockery and announced sternly that a legal definition of defamation must be determined and clarified before the second reading of the bill.
But he too could not help posing a question: “Take the English band the Pet Shop Boys: Their song “Go West” starts with the melody of the anthem by Alexandrov. Who knows, maybe they will not be allowed to come to Russia anymore”.
The government and presidential administration have backed the idea of making blasphemy of the anthem a criminal offence on condition that the legislation contains distinct definitions of defamation and blasphemy.
The bill was approved in the 1st reading on Wednesday by 312 deputies. 12 voted against, including Irina Khakamada, Viktor Cherepkov, Vladimir Golovlyov, Yuli Rybakov and Sergei Yushenkov.
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