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Administrative and municipal law
Reference:

Prerequisites for the Legal Prohibition of Propaganda of Non-Traditional Sexual Relations

Vodianaia Mariya

PhD in Law

Associate Professor at the Department of Administrative Law and Administrative Activities of Internal Affairs Agencies of Omsk Academy of the Ministry of Internal Affairs of Russia

644092, Russia, Omskaya oblast', g. Omsk, ul. Pr. Komarova, 7

vodimash@mail.ru
Other publications by this author
 
 
Miroshnichenko Anastasiya Vladislavovna

Postgraduate, Department of Administrative Law and Administrative Activities of the Internal Affairs Bodies, Omsk Academy of the Ministry of Internal Affairs of Russia

644092, Russia, Omsk, Komarova Ave., 7

patrusheva_avp@mail.ru

DOI:

10.7256/2454-0595.2024.1.39045

EDN:

HAGPFD

Received:

27-10-2022

Published:

24-02-2024

Abstract: The object of the study is public relations regulating the issues of bringing to administrative responsibility for the promotion of non-traditional sexual relations and (or) preferences, sex change. The subject of the study is legislative and other normative legal acts regulating public relations in the field of administrative responsibility for the promotion of non-traditional sexual relations and (or) preferences, sex change. The purpose of the study is to identify the prerequisites of the ban imposed in the Russian Federation on the promotion of non-traditional sexual relations and (or) preferences, sex change, forecasting the development of the norm in question in a positive way. The study used universal dialectical, logical, descriptive, sociological, formal-legal research methods, etc. The relevance of the topic under consideration lies in the fact that in modern conditions of society's development, the preservation and protection of spiritual and moral values is one of the priorities. In connection with the active activities of a number of countries on the decomposition of public morality, Russian society and the state as a whole need to strengthen the protection of morality and public health. The novelty of the study lies in the fact that the analysis of scientific provisions in the direction of the study was carried out, as well as in the approach to the issue of administrative responsibility from the point of view of the need to improve legislation in the field of taking additional legal measures restricting the dissemination of information promoting homosexuality and other forms of sexual deviations. According to the results of the study, international and Russian legal acts concerning the issues of same-sex relations are analyzed, examples of popularization of such relations are considered and the results of a sociological survey are presented, confirming the tendency to increase the spread of facts of propaganda of non-traditional sexual relations. The scientific novelty also lies in the proposal to expand the scope of the concept of "propaganda of non-traditional sexual relations" by including propaganda of denial of traditional family values, asexuality, and sex change.

Keywords:

spiritual and moral values, administrative responsibility, propaganda, non-traditional sexual relations, minors, Russian society, STI incidence, Childfree, traditional values, LGBT
This article is automatically translated. You can find original text of the article here.

The Russian state is a set of political and cultural components of the organization of the people and the government. Historically, Russia unites a huge number of peoples and nationalities, different faiths and ethical attitudes towards life.

However, there is something unchangeable in our country – these are spiritual and moral values, which throughout Russian history have been a solid foundation for its healthy, normal existence and further prosperity.

By neglecting them, we provoke the growth of lack of spirituality and civic passivity, which leads to the weakening of the state and society [1].

On September 30, 2022, the President of the Russian Federation addressed the population of the country: "... do we want to have, here in our country, in Russia, instead of mom and dad, a "parent number one", "number two", "number three"...? Do we want to Have perversions been imposed on children in our schools since elementary school, which lead to degradation and extinction? ... All this is unacceptable for us, we have a different future."[2]

Russian society has historically adhered to the traditional way of sexual life, we do not claim that there are no homosexuals or transgender people in Russia, we are saying that these topics are not popularized on the territory of our state. Our modern society is quite neutral about someone else's personal life, but it does not accept the facts of imposing fashion on the movement in support of lesbians, gays, bisexuals, transgender people (hereinafter – LGBT+).

Now our state is undergoing a period of political, economic and social crisis, and in such a difficult period, the policy of Western countries is moving towards a radical denial of family, morality, and religion. One of their goals is expressed in blunting the reproductive function of the younger generation, which in the future will lead to a demographic collapse, and, consequently, to the weakening of the country. Today, the issue of the spiritual and moral development of society is extremely acute. Undoubtedly, Western countries and the United States contributed to this. The political background is very transparent, because the cult of homosexuality, sex change, and other forms of deviation began its development there.

In 1968, American lawyer Albert Blaustein indicated that in order to limit population growth, it is necessary to revise many laws, including on marriage, age of consent and homosexuality[3].

In 2000 The World Health Organization (WHO) and UNFPA (the UN body dealing with "demographic problems") supported the IPPF charter and called on the Ministries of Health to review laws, especially regarding abortion and homosexuality[4].

In 2011, by decree of Barack Obama, the protection of the rights of "sexual minorities" became a priority of American foreign policy [5]. Ten years later, in 2021, President Joe Biden signed a decree on the protection and promotion of the rights of the LGBT community around the world."[6]

Following that, the German Federal Government adopted the concept of including "lesbians, gays, bisexuals, transgender and intersex people" in its foreign policy. In Germany, between 2010 and 2017, the incidence of syphilis increased by 83% to 9.1 cases per 100,000 inhabitants [7].

In the period from 2015 to 2019, the number of diagnoses of chlamydia in England increased significantly – by 83%; gonorrhea by 51%; syphilis by 40% [8]. In the USA, STI rates have been increasing for the sixth year in a row and have reached record levels [9].

STIs are socially significant diseases, as they negatively affect the reproductive health of the population [10].

In 2022, information appeared on the Internet that a kindergarten will be opened in Schoeneberg next spring, which will fully base its activities on the interests of sexual minorities [11].

"The threat level is such that public approval of non–traditional relations jeopardizes demography and national security, and propaganda of non-traditional values in the country has long been conducted with relative impunity through the media, public events, film screenings, and Internet streams," says Nina Ostanina, co-author of the amendments to the law, State Duma deputy [12].

In this regard, our state has an important task on its shoulders – to protect Russian society from the negative influence of Western fashion and preserve the health of generations.

The problems of public morality are actively studied by legal scholars. In particular, the problems of the decline of the moral potential of Russian society were raised in the works of M.A. Buchakova, O.A. Dizer, I.V. Pogodina, A.A. Fomichev, etc.

The issues of the importance of the constitutional consolidation of functions for the state aimed at protecting public morality [13], special control and protection of institutions of motherhood, childhood and family, the rights of minors from encroachments on their moral well-being [14] were analyzed.

The researchers note the high importance of the presence of norms in administrative legislation that establish prohibitions on encroachments on the sphere of public morality [15].

Earlier, some authors pointed out problematic aspects of the progressive LGBT+-themed fashion, and drew attention to the negative impact of propaganda of non-traditional sexual relations on Russian youth and society as a whole.

In particular, the following negative trend was noted: "the increasing activity of sexual minorities, trying in various ways to attract the attention of the general population to their own views on the structure of modern society; the desire of individual states, "advanced" in the field of recognition of the rights of sexual minorities, to impose their mores, approaches, and foundations on an alternative basis to the rest of the world, principles ..." [16].

Thus, the problem of legal regulation of the status of sexual minorities in Russia is, in our opinion, a fairly relevant topic.

Almost 20 years ago, criminal liability for voluntary same-sex relationships in our country was abolished. However, since then there have been significant changes both in the consciousness of Russians and in Russian legislation [17].

Also, at the legislative level, propaganda of non-traditional sexual relations among minors was prohibited until 2022.

Currently, sodomy, lesbianism or other sexual acts involving violence or with the threat of its use to the victim (victim) are prohibited in Russia under threat of criminal punishment or to other persons or using the helpless state of the victim (victim) (Article 132 of the Criminal Code of the Russian Federation "Violent acts of a sexual nature").

The norms establishing responsibility for the promotion of non-traditional relationships among minors have undergone serious changes. Since December 5, 2022, Article 6.21 of the Administrative Code of the Russian Federation has been changed to norms prohibiting the promotion of non-traditional sexual relations and (or) preferences, gender reassignment [18].

The objective side of Part 1 of Article 6.21 of the Administrative Code of the Russian Federation consists of actions expressed in the promotion of non-traditional sexual relations and (or) preferences, gender reassignment.

Part 2 of Article 6.21 of the Administrative Code of the Russian Federation strengthens the administrative and legal protection of spiritual and moral qualities, singling out minors as a special object of unlawful encroachments.

In parts 3, 4 of the composition under consideration, the method of committing propaganda is specified – using mass media and (or) information and telecommunication networks (including the Internet).

In parts 5, 6, a special subject of propaganda of non–traditional sexual relations and (or) preferences, sex change is identified - a foreign citizen or a stateless person who violated the prohibition established in parts 1, 2 of this article.

In parts 7, 8, a special method of committing such propaganda by a foreign citizen or a stateless person using mass media and (or) information and telecommunication networks (including the Internet) is highlighted [18].

The same law introduced two new compositions: 1) article 6.21.1 "Propaganda of pedophilia", where the objective side is expressed in the commission of actions aimed at disseminating information aimed at justifying and (or) justifying pedophilia or creating the attractiveness of pedophilia, or imposing information about pedophilia that arouses interest in pedophilia; 2) Article 6.21.2 "Dissemination among minors of information demonstrating non-traditional sexual relationships and (or) preferences, or capable of causing minors to desire to change their gender," where the objective side is identical to the name of the composition.

We have to admit that the propaganda of non-traditional sexual relations is changing and can be expressed as propaganda of denial of family values, propaganda of "childfree" [19], propaganda of an asexual lifestyle, propaganda of other forms of sexual deviations, cuming out. The list of information about the forms and types of non-traditional sexual relations and (or) preferences that negatively affect the mental and physical health of society is quite diverse and it seems superfluous to single out separate compositions, adapting to each form and (or) type of sexual deviation.

We believe that non-traditional sexual relations should be understood as a set of perverted preferences and actions that form the features of the physiological, mental and spiritual components of a person, endowing him with a specific form (or set of forms) of sexual deviation, as well as the process of searching for and establishing perverted sexual contact with the object of attraction [20].

It seems that the propaganda of non-traditional sexual relations covers all types of sexual deviations expressed in any form, and Part 1 of Article 6.21 of the Administrative Code of the Russian Federation fully reflects the prohibition of such actions. In this regard, we consider it excessive to allocate two additional adjacent compounds provided for in Articles 6.21.1 and 6.21.2 of the Administrative Code of the Russian Federation as independent.

Considering that judicial practice has not yet developed a unified approach to the consideration of cases in this category, the highest judicial instances should express a unified position on the application of this norm in the relevant Resolution.

Undoubtedly, the propaganda of non-traditional sexual relations has become widespread in modern Russia, however, it is not the very fact of the existence of such relations that is alarming, but the stable phenomenon of imposing the opinion that non-traditional sexual relations are now considered the norm of sexual preference.

The opinion of G.B. Romanovsky, who in one of his works writes that "Drawing attention to this topic by introducing administrative responsibility for the promotion of non-traditional sexual relations cannot be considered a successful attempt, seems rather controversial. In Russia, a significant number of problems have a higher level of relevance, but the legislature most often shrugs them off for unknown reasons. The adopted law is, most likely, a competent withdrawal of society from discussing the most acute situations that affect someone's specific political interests" [21].

Public approval and recognition of such relations harms not only the spiritual and physical health of the younger generation of Russia, but also exposes the entire society to potential danger, as it threatens the positive dynamics of demography and economic growth.

It is not uncommon for the dissemination of information containing elements of propaganda of non-traditional sexual relations in combination with other adverse phenomena in the life of an individual to enhance his emotional background and provoke people with deviations in various sexual preferences, for example, to people suffering from pedophilia.

The widespread antisocial phenomena aimed at popularizing and even imposing unhealthy sexual relations and the formation of fashion for the LGBT community have led, in our opinion, to the establishment of an administrative ban on the promotion of non-traditional sexual relations and (or) preferences for sex change. Unfortunately, the practice of applying the ban on propaganda of non-traditional sexual relations among minors has shown that it is ineffective to confront the established phenomenon only in this way. It should be recognized that the state, represented by authorized bodies, is not yet fully capable of protecting public morality and protecting Russian society from the destructive influence of this propaganda.

In this regard, it is necessary to establish more stringent measures aimed at ensuring the moral and mental safety of society, including in the form of a ban on actions aimed at popularizing the denial of family values and non-traditional sexual relations in general.

The specifics of administrative offenses should not be underestimated. The totality of administrative offenses committed by a person projects the further commission of a crime. By bringing a person to administrative responsibility for causing the least degree of harm, we partially warn him against criminal punishment.

By predicting the possible behavior of a person prone to non-traditional sexual relations, it is possible to identify latent crimes of a sexual nature [22].

In 2012 The All-Russian Center for the Study of Public Opinion (VTsIOM) presented data on whether Russians have encountered propaganda of non-traditional sexual relations and how they feel about the ban on it. Thus, 6% of Russians faced propaganda of non-traditional sexual relations. According to the observations of those respondents who have encountered such propaganda, it is most often found on television (59%), in leisure venues (15%), on the Internet (12%), in the media in general (10%) [23]. VTSIOM survey for 2022, 87% of survey participants admit that LGBT+ values have reached their limit in the media and social networks [24].

The media space is a popular platform for spreading information about non-traditional sexual relationships.

The data obtained by us in the framework of a selective sociological survey indicate that of the 200 people surveyed, 168 indicated that they had encountered elements of propaganda of non-traditional sexual relations. Respondents most often encountered propaganda of non-traditional sexual relations on the Internet, social networks and while watching television (TV shows, movies, news). The survey was conducted with the participation of residents of Novosibirsk, Omsk and Tomsk regions. Teachers, lawyers, police officers, as well as minors between the ages of 16 and 18 were involved as respondents. At the moment, 200 people have participated in the survey.

Thus, we have to admit that the propaganda of non-traditional sexual relations in the media and the Internet achieves its pernicious goals, especially among minors.

A number of prerequisites expressed in a possible demographic crisis and economic downturn, in the de-culturing of the younger generation, an increase in people with sexually transmitted diseases, a decrease in reproductive activity among young people provoked the need to introduce additional legal measures, where the main task is to limit the dissemination of information containing information popularizing non-traditional sexual relations in order to protect the spiritual and physical health of the Russian people societies.

It should be noted that earlier, the courts of general jurisdiction, considering administrative cases concerning unauthorized picketing calling for the legalization of same-sex marriage unions in Russia in order to adopt amendments to the Family Code of the Russian Federation aimed at legislative recognition of the right of two persons of the same sex to marry, repeatedly pointed out that: "state policy in the interests of children it is a priority and is based on the principles of legislative provision of the rights of the child, family support in order to ensure education, upbringing, recreation and health improvement of children, protection of their rights, preparation for a full life in society, responsibility of legal entities, officials, citizens for violation of the rights and legitimate interests of the child, causing harm to him" [25, 26, 27].

We support the opinion of individual authors that it is necessary to amend the Federal Law of the Russian Federation No. 436-FZ of December 29, 2010 [28] "On the protection of children from information harmful to their health and development" in terms of protecting children from homosexuality, pedophilia and other forms of sexual deviations. For persons with deviant behavior, it is proposed to introduce a ban on engaging in teaching activities, for which amendments should be made to the Labor Code of the Russian Federation (Article 331) [22, pp. 117-118]. In general, supporting the position of researchers advocating additional restrictions in labor legislation concerning the establishment of a ban on teaching with a minor [29], we believe that this ban should be extended not only to persons previously prosecuted under Article 6.21 of the Administrative Code of the Russian Federation, but also to persons who openly consider themselves to be representatives of sexual minority groups and those who lead any non-latent sexual lifestyle.

There are also proposals in the scientific literature to introduce a ban on the adoption of children by foreign citizens, where marriages between same-sex persons are allowed, for which appropriate amendments and additions should be made to the Family Code of the Russian Federation (art. 124) [22, p. 117].

In particular, some authors propose to toughen the punishment for propaganda of non-traditional sexual relations among minors by making an addition to Article 14 of the RF IC, where one of the circumstances preventing marriage will be the non-heterosexual orientation of partners [30].

In our opinion, it is impossible to unconditionally agree with their opinion, since the definition of non-heterosexuality goes beyond the scope of legal science. Homosexuality is not a legal category, and the assessment of a person's sexual preferences is in the plane of issues of psychology, not jurisprudence. In view of this, it is difficult to prove the identification of a person's non-heterosexuality.

It seems successful to identify legal facts as limiting circumstances, such as a medical report on a sex change, state registration of a name change (confirmed by an appropriate certificate from the registry office), and a change in passport data.

The work carried out allowed us to draw some conclusions:

1) prerequisites have been identified that require the introduction of additional legal measures aimed at limiting the dissemination of information containing information popularizing non-traditional sexual relations;

2) the propaganda of non-traditional sexual relations has undergone significant changes, and, currently, in our opinion, it should include actions aimed at promoting the denial of family values, asexuality, and gender reassignment. It seems superfluous to single out various forms of sexual deviations into separate, independent compositions, since the disposition of Article 6.21 of the Administrative Code of the Russian Federation fully covers the acts specified in Articles 6.21.1, 6.21.2 of the Administrative Code of the Russian Federation.

In addition, there is a need to introduce additional restrictions in Article 331 of the Labor Code of the Russian Federation [31], regarding the establishment of a ban on teaching with minors who were previously brought to administrative responsibility under Article 6.21 of the Administrative Code of the Russian Federation, as well as persons who openly identify themselves as representatives of sexual minority groups and lead a non-latent sexual lifestyle.

In our opinion, it is also necessary to strengthen restrictions on the adoption of minors by making appropriate changes to the Family Code of the Russian Federation [32] if, during the study of the candidacy of one of the adoptive parents, the fact of a sex change is established, confirmed by relevant documents.

The proposed changes seem legitimate to us and are aimed at ensuring the protection of constitutionally significant values aimed at preventing harm to the spiritual and physical development of children.

References
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2. Transcript of Vladimir Putin's speech on September 30, 2022. Retrieved from https://www.kp.ru/daily/27452.5/4655517
3. Blaustein, A.P. (1968). Arguendo: The Legal Challenge of Population Control. Law and Society Review, 107-114.
4. Family Planning and Reproductive Health in Central and Eastern Europe and the Newly Independent States. Retrieved from http://www.euro.who.int/data/assets/pdf_file/0013/120226/E71193.pdf
5. Obama declared the protection of the rights of sexual minorities a priority of US foreign policy. Retrieved from https://www.interfax.ru/russia/220625
6. Biden signed decrees on "restoring the role of the United States in the world community." Retrieved from https://www.golosameriki.com/a/biden-signs-executive-orders-thursday/5766277.html
7. Buder, S.E. (2019). Bacterial sexually transmitted infections. Journal der DeutschenDermatologischenGesellschaft, 3, 287-315.
8. Official Statistics Sexually transmitted infections (STIS): annual data tables. Retrieved from https://www.gov.uk/government/statistics/sexually-transmitted-infections-stis-annual-data-tables
9. Reported STDS reach all-time high for 6th consecutive year. Retrieved from https://www.cdc.gov/nchhstp/newsroom/2021/2019-STD-surveillance report.html
10. Kubanova, A.A., Kubanov, A.A., & Melekhina, L.E. (2018). Dynamics of changes in intensive indicators of the incidence of sexually transmitted infections in the assessment of the epidemiological process and the state of health of the population of the Russian Federation for 2006-2016. Bulletin of Dermatology and Venereology, 1, 27-37.
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12. Ozerova, M. "Brokeback Mountain" is also dangerous for adults. Retrieved from https://www.mk.ru/politics/2022/09/04/stali-izvestny-podrobnosti-zakona-o-zaprete-propagandy-netradicionnykh-otnosheniy.html
13. Fomichev, A. A. (2019). Protection of morality in the conditions of modern law and order. The Constitution of the Russian Federation and modern law and order: materials of the conference: in 5 parts, Moscow, November 28-30, 2018 (pp. 299-302). Volume Part 1. Moscow: RG-Press.
14. Pogodina, I. V. (2020). The moral law and the protection of the morality of minors: the experience of Russia and Germany. Culture: management, economics, law, 1, 33-37.
15. Buchakova, M. A., & Dizer, O.A. (2017). Public morality as an object of administrative and legal protection. Actual problems of police administrative activity: materials of the II All-Russian Scientific and Practical Conference, Krasnodar, November 23, 2016. Krasnodar: Federal State State Educational Institution of Higher Professional Education "Krasnodar University of the Ministry of Internal Affairs of the Russian Federation", pp. 88-91.
16. Karmanov, M.V. (2014). Sexual minorities: problems of evaluation and analysis. Economics, Statistics and Informatics, 2, 158-162.
17. Kazankov, S.P. (2014). On the problem of discrimination of sexual minorities in the Russian Federation. Social and legal notebook, 4(4), 121-133.
18. On Amendments to the Code of Administrative Offences of the Russian Federation [Electronic Resource]: Federal Law No. 479-FZ of 05.12.2022. Access from help.- the legal system "ConsultantPlus".
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23. The All-Russian Center for the Study of Public Opinion (VTsIOM) presents data on whether Russians have encountered propaganda of non-traditional sexual relations and how they feel about the introduction of a ban on such propaganda. Retrieved from https://www.amic.ru/news/obschestvo/vciom-bolshinstvo-rossiyan-nikogda-ne-stalkivalis-s-propagandoy-netradicionnyh-seksualnyh-otnosheniy
24. Analytical reviews. Retrieved from https://wciom.ru/analytical-reviews/page-2
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26. Decision of the Kirzhachsky District Court (Vladimir Region) No. 2A-666/2018 2A-666/2018~M-591/2018 M-591/2018 dated October 15, 2018 in case No. 2A-666/2018. Retrieved from https://sudact.ru
27. Decision of the Rasskazovsky District Court (Tambov Region) No. 2A-1424/2018 2A-1424/2018~M-1355/2018 M-1355/2018 dated November 27, 2018 in case No. 2A-1424/2018. Retrieved from https://sudact.ru
28. On the protection of children from information that harms their Health and Development [Electronic resource]. Federal Law of the Russian Federation No. 436-FZ of December 29, 2010. Access from help.- the legal system "ConsultantPlus".
29. Bulychev, E.N., & Kutlueva, R.S. (2018). Legal measures aimed at countering the propaganda of non-traditional sexual relations. Modern research, 6(10), 85-88.
30. Simonova, M. A., & Turko, T. N. (2021). The problem of legal regulation of same-sex relations and legalization of same-sex marriages in Russia and the world. Bulletin of the Vladimir Law Institute, 1(58), 187-192.
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A REVIEW of an article on the topic "Prerequisites for the legal prohibition of propaganda of non-traditional sexual relations". The subject of the study. The article proposed for review is devoted to the prerequisites of "... the legal prohibition of propaganda of non-traditional sexual relations." The author has chosen a special subject of research: the proposed issues are investigated from the point of view of medical statistics, media reports, administrative and criminal law (in a very limited version), while the author notes that "Russian society has historically adhered to the traditional way of sexual life, we do not claim that there are no homosexuals or transgender people in Russia, we are talking about the fact that these topics are not popularized on the territory of our state." Media reports (2012-2018), analytical reviews, medical statistics, an explanatory note to the draft federal law, and Russian legislation relevant to the purpose of the study are being studied. A certain amount of scientific literature on issues close to the stated, but not legal, is also studied and summarized, analysis and discussion with opposing authors are partially present. At the same time, the author notes that "... public approval and recognition of such relations harms not only the spiritual and physical health of the younger generation of Russia, but also exposes the whole society to potential danger, as it threatens the positive dynamics of demography and economic growth." Research methodology. The purpose of the study is determined by the title and content of the work: "... the state has an important task on its shoulders – to protect Russian society from negative influence on consciousness from the outside and to preserve the health of generations." It can be designated as the consideration and resolution of certain problematic aspects related to the above-mentioned issues and the use of certain experience. Based on the set goals and objectives, the author has chosen a certain methodological basis for the study. The author uses a set of general scientific, special legal methods of cognition. In particular, the methods of analysis and synthesis made it possible to generalize some approaches to the proposed topic and partly influenced the author's general conclusions. The most important role was played by special legal methods. In particular, the author used a formal legal method, which allowed for the analysis and interpretation of the norms of the current Russian tort legislation. At the same time, in the context of the purpose of the study, the formal legal method is applied in conjunction with the comparative legal method. In particular, the following conclusions are drawn: "... the propaganda of non-traditional sexual relations has become widespread in modern Russia, however, it is not the fact of propaganda of non-traditional sexual relations that is alarming, but the stable phenomenon of imposing the opinion that non-traditional sexual relations are now considered the norm of human sexual preference," etc. Thus, the methodology chosen by the author is adequate to the purpose of the article, allows you to study only some aspects of the topic. The relevance of the stated issues is beyond doubt. This topic is one of the most important in Russia, from a legal point of view, the work proposed by the author can be considered relevant, namely, he notes that "... today, the problem of legal regulation of the status of sexual minorities in Russia is, in our opinion, a fairly relevant topic." And in fact, an analysis of the work of opponents and NPAs should follow here, and it partly follows and the author shows the ability to master the material. Thus, scientific research in the proposed field is only to be welcomed. Scientific novelty. The scientific novelty of the proposed article is questionable. It is not expressed in the specific scientific conclusions of the author. Among them, for example, the following: "... a number of prerequisites, expressed in a possible demographic crisis and economic downturn, ... provoked the need to introduce additional legal measures, where the main task is to limit the dissemination of information containing information popularizing non-traditional sexual relations in order to protect the spiritual and physical health of Russian society." As can be seen, these and other "theoretical" conclusions cannot be used in further scientific research. Thus, the materials of the article as presented may be of very narrow interest to the scientific community. Style, structure, content. The subject of the article does not fully correspond to the specialization of the journal "Administrative and Municipal Law", as it is devoted to the prerequisites of "... the legal prohibition of propaganda of non-traditional sexual relations." The article practically lacks analytics on the scientific works of legal opponents, therefore the author notes that a question has already been raised in general terms, relatively close to this topic and the author uses their materials, practically does not discuss with opponents. The content of the article does not fully correspond to the title, since the author considered the stated problems and achieved the most general goals of his research. The quality of the presentation of the study and its results should be recognized as incomplete. The subject, tasks, methodology follow directly from the text of the article, but there are no results of legal research, scientific novelty. The design of the work partially meets the requirements for this kind of work. Significant violations of these requirements: lack of scientific novelty, no information on some works in the bibliography (22, 23), very old information from April 19, 2012 (26), some grammatical errors, etc. Bibliography. The quality of the legal literature presented and used should be evaluated poorly. The lack of modern scientific legal literature does not allow obtaining the necessary scientific and practical results. The works of the above authors correspond to the research topic, but do not have a sign of sufficiency, do not contribute to the disclosure of many legal aspects of the topic. Appeal to opponents. The author has not conducted a serious legal analysis of the current state of the problem under study. The author describes the different points of view of opponents (mostly non-lawyers) on the problem, argues for a common position, not relying on the work of opponents, offers common solutions to individual problems. Conclusions, the interest of the readership. The conclusions are not logical, specific, they are widespread, although correct: "... the main task is to limit the dissemination of information containing information popularizing non-traditional sexual relations in order to protect the spiritual and physical health of Russian society." The article in this form cannot be of interest to the readership in terms of the presence in it of the author's systematic positions in relation to the issues stated in the article, which should be typical for legal research. Based on the above, summing up all the positive and negative sides of the article, I recommend "sending it for revision".

Second Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

The subject of the research in the article submitted for review is, as its name implies, the prerequisites for the legal prohibition of propaganda of non-traditional sexual relations. The title of the article needs to be clarified, since it deals with the legal prohibition of propaganda of non-traditional sexual relations in Russian legislation. The methodology of the research is not defined in the text of the article, however, it is obvious that the scientists used universal dialectical, logical, descriptive, sociological and formal legal research methods. The relevance of the research topic chosen by the author is justified in the introductory part of the article: "Now our state is undergoing a period of political, economic and social crisis, and in such a difficult period, the policy of Western countries is moving towards a radical denial of family, morality, and religion. One of their goals is to blunt the reproductive function of the younger generation, which in the future will lead to a demographic collapse, and, consequently, to the weakening of the country." We should also agree with the author that "... the problem of legal regulation of the status of sexual minorities in Russia is, in our opinion, a fairly relevant topic." The scientist also needs to disclose the degree of knowledge of the problems raised in the article and indicate the names of the most prominent specialists who have been and are studying them. The author does not directly say what the scientific novelty of the study is. In fact, it consists in some of the conclusions of the scientist based on the results of the study. In particular, the author's proposal to expand the scope of the concept of "propaganda of non-traditional sexual relations" by including propaganda of denial of traditional family values, asexuality, and gender reassignment deserves attention. The scientific style of the article is fully sustained by the author. The structure of the work is quite logical. In the introductory part of the study, the author substantiates its relevance. The main part of the work is devoted to identifying the prerequisites for the legal prohibition of propaganda of non-traditional sexual relations. The final part of the article contains conclusions reflecting the results of the conducted research and recommendations for improving some norms of the current Russian legislation. The content of the work generally corresponds to its title, but is not without some drawbacks. First of all, the author needs to finalize the introductory part of the study. On November 24, 2022, the law on the prohibition of LBGT propaganda and gender reassignment in Russia was adopted in the third reading. The scientist needs to comprehensively cover this issue. Of course, it is positive that the promotion of LBGT and sex reassignment is prohibited not only among minors. The author also needs to reveal the interpretation of the concept of "non-traditional sexual relations". An interesting study for the readership will be why the parliament negatively reacted to the proposals of some deputies on the introduction of criminal liability for repeated propaganda of LBGT and gender reassignment (i.e., more severe punishment of so-called LBGT activists). It is necessary to clearly distinguish the promotion of LBGT and gender reassignment from information on these issues. The author writes: "A clear indication of the reality of the threat of antisocial phenomena is the fact that, until a certain time, psychological and behavioral disorders related to sexual development and orientation (F66) were medical diseases, but now sexual orientation itself is not considered a disorder." The scientist needs to name the main reasons for what is happening. The author needs to clearly list all the prerequisites for the legal prohibition of propaganda of non-traditional sexual relations, since it was on them that the scientist initially focused the attention of the readership. The bibliography of the study is presented by 36 sources (normative legal acts, monograph, scientific articles, analytical and statistical data, materials of judicial practice). From a formal and factual point of view, this is quite enough, however, some of the opinions expressed by the author on controversial issues need clarification or additional argumentation. There is an appeal to the opponents (G. B. Romanovsky, M. A. Simonova, etc.) and it is sufficient. The scientific discussion is conducted by the author correctly. The conclusions in the final part of the work are available (the author proposes to expand the scope of the concept of "propaganda of non-traditional sexual relations" by including propaganda of denial of traditional family values, asexuality, gender reassignment; supports amendments to Article 331 of the Labor Code of the Russian Federation regarding the establishment of a ban "... on teaching activities with minors to persons previously brought to administrative responsibility according to Article 6.21 of the Administrative Code of the Russian Federation, as well as persons who openly identify themselves as representatives of sexual minority groups and lead an unlicensed sexual lifestyle" and in the IC of the Russian Federation – we are talking about banning adoption by persons who have changed their gender) and deserve the attention of the readership. The article needs additional proofreading by the author. It contains typos, spelling, punctuation and stylistic errors. The interest of the readership in the presented article can be shown, first of all, by specialists in the field of theory of state and law, family law, administrative law, criminal law, provided that it is finalized: additional justification of the relevance of the topic of the article, disclosure of research methodology, clarification of certain provisions of the work, introduction of additional elements of scientific novelty, clarification of conclusions on according to the results of the study, the elimination of shortcomings in the design of the work.

Third Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

A REVIEW of an article on the topic "Prerequisites for the legal prohibition of propaganda of non-traditional sexual relations in Russian legislation". The subject of the study. The article proposed for review is devoted to topical issues of the legal prohibition of propaganda of non-traditional sexual relations in Russian legislation. The author examines the social, political and other aspects of the issue of propaganda of non-traditional sexual relations in Russia, suggesting further changes to the current legislation. The subject of the study was the norms of legislation, the opinions of scientists, materials of practice, including speeches by politicians from different countries. Research methodology. The purpose of the study is not stated directly in the article. At the same time, it can be clearly understood from the content of the research text and the title of the article. The purpose of the study can be indicated in the form of a discussion of a number of problematic aspects regarding the further improvement of the legislation of the Russian Federation in connection with the need for a legal ban on propaganda of non-traditional sexual relations in Russian legislation. Based on the set goals and objectives, the author has chosen the methodological basis of the study. In particular, the author uses a set of general scientific methods of cognition: analysis, synthesis, analogy, deduction, induction, and others. In particular, the methods of analysis and synthesis made it possible to summarize and share the conclusions of various scientific approaches to the proposed topic, as well as draw specific conclusions from the norms of legislation. The most important role was played by special legal methods. In particular, the author actively applied the formal legal method, which made it possible to analyze and interpret the norms of current legislation (first of all, the norms of the legislation of the Russian Federation). For example, the following conclusion of the author: "propaganda of non-traditional sexual relations covers all types of sexual deviations expressed in any form, and Part 1 of Article 6.21 of the Administrative Code of the Russian Federation fully reflects the prohibition of such actions. In this regard, we consider it excessive to allocate two additional adjacent compounds provided for in Articles 6.21.1 and 6.21.2 of the Administrative Code of the Russian Federation as independent." The author's use of empirical research methods, which were associated, in particular, with the generalization of data from various studies and surveys, should be positively assessed. Thus, it is stated that "In 2012 The All-Russian Center for the Study of Public Opinion (VTsIOM) presented data on whether Russians have encountered propaganda of non-traditional sexual relations and how they feel about the ban on it. Thus, 6% of Russians faced propaganda of non-traditional sexual relations. According to the observations of those respondents who have encountered such propaganda, it is most often found on television (59%), in leisure venues (15%), on the Internet (12%), in the media in general (10%)." Thus, the methodology chosen by the author is fully adequate to the purpose of the study, allows you to study all aspects of the topic in its entirety. Relevance. The relevance of the stated issues is beyond doubt. There are both theoretical and practical aspects of the significance of the proposed topic. From the point of view of theory, the topic of the legal prohibition of propaganda of non-traditional sexual relations in Russian legislation is complex and ambiguous, as discussions on such topics continue at different levels. The debate continues as to whether such restrictions and prohibitions are necessary in principle. The problem of interpreting the new provisions of the legislation on the topic of work is also being ambiguously solved. From a practical point of view, it should be recognized that it is necessary to improve legal regulation in this direction. Thus, scientific research in the proposed field should only be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. First, it is expressed in the author's specific conclusions. Among them, for example, is the following conclusion: "prerequisites have been identified that require the introduction of additional legal measures aimed at limiting the dissemination of information containing information popularizing non-traditional sexual relations; propaganda of non-traditional sexual relations has undergone significant changes, and, currently, in our opinion, actions aimed at propaganda of denial of family values, asexuality, and gender reassignment. It seems superfluous to single out various forms of sexual deviations into separate, independent compositions, since the disposition of Article 6.21 of the Administrative Code of the Russian Federation fully covers the acts specified in Articles 6.21.1, 6.21.2 of the Administrative Code of the Russian Federation." These and other theoretical conclusions can be used in further scientific research. Secondly, the author suggests ideas for improving the current legislation. In particular, "there is a need to introduce additional restrictions in Article 331 of the Labor Code of the Russian Federation, regarding the establishment of a ban on teaching with minors who were previously brought to administrative responsibility under Article 6.21 of the Administrative Code of the Russian Federation, as well as persons who openly identify themselves as representatives of sexual minority groups and lead a non-latent sexual lifestyle." The above conclusion may be relevant and useful for law-making activities. Thus, the materials of the article may be of particular interest to the scientific community in terms of contributing to the development of science. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Administrative and Municipal Law", as it is devoted to legal problems related to the definition of legal aspects of the development of legislation on the prohibition of propaganda of non-traditional sexual relations in Russian legislation. The content of the article fully corresponds to the title, as the author considered the stated problems and achieved the research goal. The quality of the presentation of the study and its results should be recognized as fully positive. The subject, objectives, methodology and main results of the study follow directly from the text of the article. The design of the work generally meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the literature used should be highly appreciated. The author actively uses the literature presented by authors from Russia and abroad (Schennikova K.Yu., Blaustein A.P., Kubanova A.A., Kubanov A.A., Melekhina L.E., Simonova M.A., Turko T.N. and others). Many of the cited scholars are recognized scholars in the field of administrative law. I would like to note the active use of the materials of judicial practice by the author, which made it possible to give the study a practical orientation. Thus, the works of the above authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of various aspects of the topic. Appeal to opponents. The author conducted a serious analysis of the current state of the problem under study. All quotes from scientists are accompanied by author's comments. That is, the author shows different points of view on the problem and tries to argue for a more correct one in his opinion. Conclusions, the interest of the readership. The conclusions are fully logical, as they are obtained using a generally accepted methodology. The article may be of interest to the readership in terms of the systematic positions of the author in relation to the prospects for further improvement of legislation on the legal prohibition of propaganda of non-traditional sexual relations in Russian legislation. Based on the above, summing up all the positive and negative sides of the article, "I recommend publishing"
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