21.09.2025

Interpretation that does not comply with legislation

The website lenta.ru published the opinion of a lawyer on what constitutes high treason ("The concept of high treason was explained to Russians"):


"…high treason means switching sides to the enemy or fi nancing the activities of foreign organisations or states that pose a threat to Russia’s security, as well as providing them with consultative or logistical assistance."


"…until 2018, the crime of 'high treason' applied to secret keepers — officials with access to state secrets. However, amendments were subsequently made to the Criminal Code, according to which charges can also be brought against persons who have illegally gained access or admission to secret data."


The fi rst thing to note is that it is not foreign organisations or states that pose a threat to the security of the Russian Federation, but their activities directed against the security of the Russian Federation. For example, at fi rst glance, a foreign organisation may not pose a threat in itself.


Secondly, until 2018, charges of high treason could be brought against persons who illegally obtained access or admission to secret data, with subsequent transmission (or with the aim of transmission) to a foreign party (let us call it in general terms) in activities directed against the security of the Russian Federation. In particular, until 2018 and ever since such actions have been qualifi ed as such a form of high treason as espionage committed by a Russian citizen. If such actions are committed by a foreign citizen or a stateless person, they are covered by the provisions of another article — Article 276 of the Criminal Code of the Russian Federation (espionage).


Without the specifi ed purpose, the actions of persons both before 2018 and after are subject to qualifi cation under Article 2831of the Criminal Code of the Russian Federation (illegal acquisition of information constituting a state secret).


Thirdly, it is not mentioned that the corpus delicti of high treason covers "other assistance," which may include the transfer of publicly available information to a foreign party in activities directed against the security of the Russian Federation.


P. S. It is possible that the lawyer’s words were inaccurately quoted.

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