Scientific and political writing of Paweł Krawczyk (krvtz.net)

The curious case of Russian “anti-fascist” laws

Since 1939 the Soviet leadership conducted a convoluted dance to correctly present its engagement with the Nazi Third Reich. If you know the detailed history of that period, you could think it's an impossible task – the facts are:

Of course, back in 1939-1941 all of the above quite logically placed the USSR among active allies of Nazi Germany, not merely neutral bystanders. Therefore, when on 1 May 1941 Soviets celebrated the International Workers' Day in Moscow, they had a group of prominent guests – the Nazi officials shaking hands of proud Soviet generals:

Then, on 22 June 1941 the Nazi Germany treacherously attacked its ally, the Soviet Union and since that day – and only then – the Soviets stopped being allies and became enemies, subsequently entering the Allies and the anti-Nazi coalition. Russians even officially recognise this by using a private alias for the WW2 – they call it “Great Patriotic War” which started in 1941, not 1939 as everyone else thinks.

What happened during these two years is usually skipped in discussions in Russia, as if there was nothing. If you push, they may admit the Ribbentropp-Molotov pact was a fat, but highlight that it was a genius step by Stalin who expected the war and somehow delayed German invasion by pretending to be friends, allowing USSR to prepare. The part where USSR for two years literally armed and fueled Germany's war effort preparing invasion on USSR is conveniently skipped. Pushing Russians about this part somehow makes them angry and emotional.

There's one more important part here: during German invasion, hundreds of thousands of Soviet citizens collaborated with Nazis, including both civilians and formation of 125'000 strong Russian Liberation Army, which fought along with Wehrmacht. This number, 125'000 Soviet citizens, mostly Russians who enlisted into German army, is important because later on Stalin deported whole ethnic groups for “collaboration”.

So thousands of Chechens, Ingush, Balkars, Kalmyks were deported as a collective punishment for “collaborators” (counted in hundreds) – but Russians weren't, in spite of hundreds of thousands of collaborators among them. It's also important to keep in mind for the following legal debate...

Article 354.1 “Rehabilitation of Nazism”

In 2022 I have written a long article explaining the peculiar definition of “Nazism” in USSR and Putin's Russia. In short, it explains why and how Russian authorities convicted people who literally fought with Nazis of being “Nazis” themselves. The secret was simple: a twisted logic built on an axiom that because the USSR was the only only truly anti-Nazi country in the world, so automatically everyone who opposed USSR... must have been a Nazi! That was how it worked through all the period of 1945-1991 after which there was a brief period where lucky historians could access KGB archives and saw a glimpse of the Soviet war-time collaboration with Nazis and Soviet war crimes.

First thing Putin did in 1999 was to shut down this window and then extend the classification period of all Soviet WW2 archives. Why? The popular interpretation is that it was to hide the scale of Russian collaboration under Nazi occupation 1941-1943, and to hide the Soviet war crimes against its own population. The former is likely – none of the today's great Russian “patriots” wants to have their ancestors' names published as Nazi collaborators.

And in 2014 Russian Criminal Code also introduced an absolutely incredible regulation – the Аrticle 354.1 of the Criminal Code of Russian Federation.

The law has a peculiar wording, because it’s titled “Rehabilitation of Nazism” but nowhere in the actual legal text includes the term “Nazism”! Just to reiterate: the law called “rehabilitation of Nazism” doesn't legally prohibit neither “rehabilitation” nor “Nazism” in its legal text! So what does it ban?

In this case the Russian lawmakers really tortured the wording of this law:

Denial of facts established by the judgment of the International Military Tribunal for the Trial and Punishment of Major War Criminals of the European Axis Countries, approval of crimes established by the said judgment, as well as the dissemination of deliberately false information about the activities of the USSR during the Second World War and about veterans of the Great Patriotic War, committed publicly.

Let's dissect this convoluted single (!) sentence:

Thanks to this carefully crafted wording and courts practice of stretching it to suit political orders, it is now illegal to discuss the Soviet-Nazi cooperation or Soviet war crimes. Russian citizens are actually being sentenced based on this law.

The law also distinguishes between the “two wars”, that is WW2 and GPW covering different periods, “activities of the USSR during WW2”, which includes invasion on Poland, Finland or Katyn massacres (1940) – all of which can be prosecuted – and “veterans of the Great Patriotic War” (from 1941), because, apparently, since USSR did not participate in any war in 1939 so there couldn’t be any “veterans”?

And now about the law's title – why refer to “Nazism” if it's not even mentioned in the legal text? It's a clever black PR trick that serves as an additional pressure point for the accused. The general public reading FSB press announcements learns merely that the perpetrators were sentenced for “Rehabilitation of Nazism” – because that's how the law is titled – regardless of what they actually said or have done! So displaying the above 1 May 1941 parade on your social media in Russia accompanied by a clear condemnation of Nazism will get your convicted for... “rehabilitation” of the very Nazism you have just condemned.

And that's the core of the Soviet and now Russian system of statewide gaslighting, which will twist your own words into something completely opposite and ultimately convince everyone that you have said the very opposite of what you did.

P.S. it's a cruel irony that the preceding item in the Russian Criminal Code, article 354, makes it a crime to “incite, start and conduct an aggressive war” which is all Russia has been doing 2014-2025, but I will write about it more next time.


Paweł Krawczyk https://krvtz.net/
Fediverse @kravietz@agora.echelon.pl