• The display of the black-orange ribbon is still prohibited. IGP chief: “It is absurd for anyone to interpret that wearing is allowed but making is prohibited”

    The display of the black-orange ribbon is still prohibited. IGP chief: “It is absurd for anyone to interpret that wearing is allowed but making is prohibited”
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    06 May 2023 | 10:09

    Wearing the black-orange ribbon, without it being part of a distinction or medal, is still banned. And the display of the “Z”, “V” and other symbols that have been recognized as representing the Russian Federation’s military aggression in Ukraine will also be sanctioned. The statements were made by the head of the General Inspectorate of Police (IGP) Viorel Chernateanu at a press conference on legal provisions during public gatherings and insignia used at events dedicated to May 9.

    “I want to make a recommendation and request to all citizens to comply with the legal requirements, stipulated very clearly in the legislative framework, and to comply with the requirements of law enforcement bodies so as not to fall prey to provocations coming from outside or from people interested in provoking such situations and then bear responsibility for this matter. Each individual case will be documented, examined and ascertained exactly in accordance with the law. It is absurd for anyone to interpret that it is permitted to carry but prohibited to make, keep, sell and so on. The rule in the Contravention Code does not have a break, it is a continuous rule, declared constitutional.

    The exact recommendations that were made the previous year, before May 9, we are still making today for the use of these symbols,” said Chernăuțeanu.

    Asked if there have been any recent cases of making or trading of the two-coloured ribbons, the IGP chief said that until last year they were not made in the country but imported. As for finding violations, he said that the police would do it “exactly in the way it has been documented so far, through the arguments, facts and circumstances”.

    “Nothing changes. If you will open the current Contravention Code, as it is even after the Constitutional Court ruling, you will see that not a single phrase has changed in this rule. It prohibits keeping, making, using and selling and wearing these objects/ribbons. It is categorically forbidden,” Viorel Cernăuțeanu added.

    ZdG previously wrote that the CC of Moldova ruled that the black-orange bicolour ribbon, also called the “Saint George” ribbon, may be worn and made on the territory of the country, provided that it is not used to justify or glorify acts of military aggression, war crimes or crimes against humanity.The ruling was handed down on 11 April and was made following the examination of petitions from socialist MPs, who demanded verification of the constitutionality of certain provisions of the Law on Counteracting Extremist Activity.

    More specifically, the Constitutional Court ruled that: the petitions submitted by Adrian Lebedinschi and Grigore Novac, and the petition on the exception of unconstitutionality raised by Ion Pîntea are partially admitted (…) The text “and which can be confused with them” in the definition of “extremist activity” regulated by Article 1 of Law 54 of 21 February 2023 on counteracting extremist activity is declared unconstitutional.

    Article 365 with the 5th mark of the Contravention Code and the provisions of Article 1 of the Law on Counteracting Extremist Activity, which were introduced by Law No 102 of 14 April 2022, are recognised as constitutional, with the exception of those referred to in point 2 of the operative part in so far as they are applicable only to acts committed for the purpose of justifying or glorifying acts of military aggression, war crimes or crimes against humanity”.

    The next day, the CC came out with a press release on the “criticism” that had been levelled at it in relation to the ruling on the use of the two-coloured black and orange ribbon, also known as the “St George’s” ribbon. The CC argues that it did not “reinstate” or “legalise” the wearing of the black-orange ribbon and other symbols covered by the contested laws “as propagated in the public space”.

    According to the release, the Court ruled that sanctioning the use of these symbols is constitutional. However, it notes that in order to punish a person “it must be established that the symbol has been used for the purpose of justifying or glorifying acts of military aggression, war crimes or crimes against humanity”.

    In the spring of 2022, Bloc of Communists and Socialists MPs Adrian Lebedinschi and Grigore Novac submitted two petitions to the Constitutional Court requesting the exercise of constitutional review and the suspension of the Law on the amendment of the Criminal Code of Moldova, adopted in second reading on 14 April 2022, which concerns the banning of the symbols of Russian aggression against Ukraine – the “V”, “Z” and the black-orange bicolour ribbon, also called the “Saint George” ribbon.

    According to amendments approved by Parliament in spring 2022, citizens who “glorify” these symbols risk fines of 4 500 to 9 000 lei or unpaid community work of 30 to 60 hours. Legal and public office holders risk fines of 9 000 to 18 000 lei.

    According to the Contravention Code, “making, selling, spreading, possessing with a view to spreading and using in public generally known attributes and symbols that are used in the context of actions of military aggression, war crimes or crimes against humanity, as well as propaganda or glorification of such actions, shall be punishable by a fine of 90 to 180 conventional units imposed on the natural person or by unpaid community service of 30 to 60 hours, by a fine of 180 to 360 conventional units imposed on the person in a position of responsibility, or by a fine of 360 to 600 conventional units imposed on the legal person”.

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