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Forbidden symbols

Dealers and collectors of arms and militaria dating the World War II period, as well as those interested in pieces relating to the history of the Third Reich and its allies are often under an accusation of propaganda of fascism. Moreover, some of them have been put under pressure from the law enforcement authorities.

What is fascism and what can be considered the propaganda of fascist▓s symbols? Earlier this year, in March in Yekaterinburg the local officials accused Sergei Kolyasnikov, the director of the network of shops ╚Old Soldier╩ in propaganda and public demonstration of Nazi symbols and attributes.

A German volunteer, soldier of ╚Kondor╩ legion, veteran of the Civil war in Spain. Photo by Hugo Jaeger from Life magazine [zoom (170k)]

Nikolai Kanarsky, the deputy head of the Sverdlovsk regional committee of veterans, organization, which initiated inspection of the network of ╚Old Soldier╩ stores by the Ministry of Internal Affairs noted: ╚It is very disappointing that there are so many Nazi symbols displayed in show windows today╩.

Police officials and staff members of General Prosecutor Office of the Ural Federal District the search in the stores and confiscated uniforms, helmets, bars, badges and other piece that could be related to the symbols of the Third Reich. Later the world law courts of two regions of Yekaterinburg found the director and staff members of ╚Old Soldier╩ guilty according to the article 20, part 3 of Administrative Violations Code of the Russian Federation.

In April the Verkhne-Isetskiy district court of Yekaterinburg recalled the judgment of the justice of peace to punish Kolyasnikov by one thousand roubles penalty, and ordered to expedite the cause for reconsideration.

However, the Federal Court of the Kirov region of Yekaterinburg, after examining the appellation found actions of law-enforcement authorities towards the director of the network of stores ╚Оld soldier╩ Sergey Kolyasnikov who ╚had organized trading of items bearing Nazi symbols╩, legal.

Commenting the current situation, we can say that collectors and traders in symbols and militaria suffer not so much from the penalties, as from confiscation of rare collectible pieces that are quite expensive; their cost can reach hundreds of thousands of rubles.

Let us turn to the juridical point of this problem. Approved by State Duma in this year and signed by the President federal law of No of 112-FZ ╚about the introduction of changes and additions into the legislative acts of the Russian Federation in connection with the adoption of federal law╩ about the opposition to extremist activity decreed article 20.3 of codes of the Russian Federation about the administrative crimes dated December 30, 2001. No of 195-FZ (propaganda and the public demonstration of Nazi symbols and attributes) to present in the following: ╚Propaganda and public demonstration of Nazi attributes or symbols either of attributes or symbols, related to the Nazi attributes or symbols, is sentenced by administrative penalty in the size from five to ten minimum monthly wages with the confiscation of the Nazi or other similar attributes or symbols either administrative arrest on the period to fifteen days with the confiscation of Nazi or other similar or symbols╩.

Medal for participation in the 1936√1939 campaign. Испания. Bronze, gilding, black finish. Abverse and verso [zoom (44k)]

According to p. 2√3 of article of 1 the federal law dated July 25, 2002 No 114-FZ ╚about the opposition to extremist activity╩: ╚Propaganda and the public demonstration of Nazi attributes or symbols either of attributes or symbolism, similar to the Nazi attributes or symbols; public appeals to the realization of the activity indicated or the accomplishment of the actions indicated are the variety of extremist activity (extremism)╩.

Their normative reports, which regulate responsibility for the propaganda of Nazi symbolism, were accepted and acted before the adoption of the federal law in the number of cities and towns of the Russian Federation (Moscow, Saint Petersburg, Ivanovo and some others).

In connection with the adoption of the code of the Russian Federation about the administrative crimes dated December 30, 2001. No 195-FZ lost force the law of Moscow city from 15.01.1997 No 1 ╚about the administrative responsibilities for production, propagation and demonstration of the Nazi symbols and attributes on the territory of Moscow region╩.

This was fixed in the law Moscow from 18.09.2002 No 43 (╚about the acknowledgment as those lost the force of the separate laws of the city of Moscow in connection with the adoption of the code of the Russian Federation about the administrative crimes╩).

However, a similar fate reached other laws, accepted in some of the regions. But it is it▓s a pity, indeed in the law of Moscow city sufficiently clearly were specified the limits of the action of law, in particular, it was said: ╚The sanctions, provided by law, do not adapt, if the reproduction of Nazi (Fascist) symbols takes place within the framework of artistic or scientific films and publications, which condemn the fascism or of those presenting historical events, and also reflecting cult rites╩. Therefore, films and printed publications did not fall under the sanctions, yes even collectivization could be examined within the framework the study, ╚which presents historical events╩.

This law specified, that by Nazi symbolism are understood the banners, marks, attributes of uniform, greeting and passwords, which are reproduction in any form of the corresponding symbols, which was being used by the National Socialist German Workers Party (NSGWP) and by the Fascist party of Italy.

Among the forbidden symbols were swastika and other distinguishing marks of state, military and other structures, acknowledged criminal by Nuremberg international tribunal. Fell under the ban of fascia, the salutatory gestures, the symbols and attributes, which resembles the Nazi (Fascist).

By production of Nazi symbolism were understood the creation, the circulation of the objects, which depict the appropriate signs (symbols), or the materials, which contain them: posters, leaflets, printed, photographs, films and video. Under the propagation of Nazi symbolism ≈ transfer of the above-mentioned objects or materials to others via sale or free distribution; under the demonstration of Nazi symbolism ≈ its public nomination, showing, carrying, hanging out, image, reproduction on the pages of printed publications or in photographs, films and video materials, circulation and other actions, which make its perception accessible (except films, scientific publications and studies ≈ I.P.).

Now we have the federal law, in which, in the difference, for example, from the one mentioned above (the Moscow law), clearly are not prescribed the signs of Nazi symbolism and the limits of the action of law. i.e., as always.

The State Duma of the Russian Federation issued the sequential law, which can be interpreted as conveniently (in contrast to the Moscow law, which they criticized, but it worked, since all there it was in sufficient detail prescribed).

Medal for participation in the Russian campaign. (medal of the Blue Division). Spain. Dias Madrid. Abverse and verso [zoom (41k)]

Any producer and director of film about the war (suddenly the advocates of law they will see swastika on the aircraft or the tank?) breaks today federal law. Yes even to show the publicly dear series ╚Seventeen Instants of Spring╩ starring Tikhonov√Schtirlits is criminal: indeed, on the sleeve of its black uniform there is a sign of swastika. If your son drew the figure, where there are aircraft with the Fascist cross and it showed its someone, it demonstrates blasting extremist material. In the federal law is absent concept itself, that precisely it follows to consider ╚Nazi attributes or symbols╩. They confiscate in antique shops military uniform, to the creation by which in his time applied hand well-known couturier Hugo Boss. Well, then now to still and shut all stores of firm ╚Оld soldier╩ in the Russian Federation?

By the way, very concept of Fascist or Nazi attributes legally it is possible to dispute. International Nuremberg tribunal did not recognize as criminal organizations the land parts of Wehrmacht (Wehrmacht), the Air Force (Luftwaffe) and Naval forces (Kriegsmarine). Following this position, the decorations in the reservists, oversleeve signs, cockade, the marks of the municipal police (Gemeindepolizei), the guarding police (Schutzpolitzei), Hitlerjugend (Hitlerjugend) to the Fascist symbolism cannot be also considered, since these organizations also were not acknowledged as the criminal ones.

In accordance with the resolutions of international military tribunal in Nuremberg, to criminal organizations were related The National Socialist German Workers Party (German: Nationalsozialistische Deutsche Arbeiterpartei), SS, SD and Gestapo, and their key personnel was acknowledged by war criminals. Taking into account the solution of Nuremberg tribunal, to the Nazi (Fascist) symbolism can be attributed:

≈ the emblem, the banner (flags, standards) of the National Socialist German Workers Party and the associated symbolism (service jackets, peak caps, sleeve insignias, buckles, other components of outfitting), emblem and the standards of assault forces SA ≈ militarized subdivisions;

≈ the emblem, flags, standards and another symbolism of the national Fascist party of Italy (Partito Of nazionale Of fascista), of Fascist Republican Party of Italy (Partito Of fascista Of republicano), of Fascist organization of the former veterans of national war (╚the union of veterans╩ ≈ Fasci di Of combattimento);

≈ the symbols of SS ≈ sleeve insignias, emblem etcetera, the guarding militarized subdivisions of the National Socialist German Workers Party, including the symbols of the military subdivisions SS, which directly participated in the military operations (daggers, peak cap, field kepi, oversleeve stripes, buttonhole, other components of uniform), and also the symbolism of structural subdivisions SS, for example the decorations of the security service SD

≈ the symbolism of the Gestapo (Geheime Of staatspolizei, Gestapo) ≈ by the secret of the state police (emblem, the medals of the colleagues of the Gestapo).

All those attributes and symbols can be considered the Nazi (Fascist) ones. But to subject to the juridical sanctions of collectors and antiquaries only for the fact that they displayed military ammunition of the Third Reich, is unjustifiable, and any attorney can protest this in the course of judicial trial.

The term fascismo was first coined by the Italian fascist dictator Benito Mussolini. It is derived from the Italian word ╚fascio╩, which means ╚union╩ or ╚league╩, and from the Latin word ╚fasces╩. The fasces, which consisted of a bundle of rods tied around an axe, were an ancient Roman symbol of the authority of the civic magistrates, and the symbolism of the fasces suggested strength through unity: a single rod is easily broken, while the bundle is difficult to break. Originally, the term ╚fascism╩ (fascismo) was used by the political movement that ruled Italy from 1922 to 1943 under the leadership of Benito Mussolini. Later, fascism became a broader term used to cover a whole class of authoritarian political ideologies, parties and political systems, although no consensus was ever achieved on a precise definition of what it means to be ╚fascist╩.

The swastika (from Sanskrit) is an equilateral cross with its arms bent at right angles, in either right-facing or left-facing forms. The term is derived from Sanskrit svasti, meaning well-being. The Thai greeting sawasdee is from the same root and carries the same implication.

It is a widely-used symbol in Dharmic religions (Hinduism, Buddhism, and Jainism). Hindus often decorate the swastika with a dot in each quadrant. In India, it is common enough to be a part of several Devanagari fonts. It is also a symbol in the modern Unicode. It is often imprinted on religious texts, marriage invitations, decorations etc. It is used to mark religious flags in Jainism and to mark Buddhist temples in Asia.

Archaeological evidence of swastika shaped ornaments goes back to the Neolithic period. In 1920 the swastika was appropriated as a Nazi symbol, and has since then become a controversial motif. In the Western world, it is this usage as a symbol of Nazism that is most familiar, and this political association has largely eclipsed its historical status in the East.

It occurs in other Asian, European, African and Native American cultures ≈ sometimes as a geometrical motif, sometimes as a religious symbol.

The swastika has an extensive history. The motif seems to have first been used in Neolithic Eurasia. The symbol has an ancient history in Europe, appearing on artifacts from pre-Christian European cultures. In antiquity, the swastika was used extensively by the Indo-Aryans, Hittites, Celts and Greeks, among others. In particular, the swastika is a sacred symbol in Hinduism, Buddhism and Jainism ≈ religions with over 1 billion adherents worldwide, making the swastika ubiquitous in both historical and contemporary society.

The symbol was introduced to Southeast Asia by Hindu kings and remains an integral part of Balinese Hinduism to this day, and it is a common sight in Indonesia. It was also adopted independently by several Native American cultures.

In the Western world, the symbol experienced a resurgence following the archaeological work in the late XIXth century of Heinrich Schliemann, who discovered the symbol in the site of ancient Troy and associated it with the ancient migrations of Proto-Indo-Europeans. He connected it with similar shapes found on ancient pots in Germany, and theorized that the swastika was a ╚significant religious symbol of our remote ancestors╩, linking Germanic, Greek and Indo-Iranian cultures. By the early XXth century it was widely used worldwide and was regarded as a symbol of good luck and success.