Trial of Memory: Legal Regulation as a Tool of Memory Politics in Contemporary Russia

Abstract

The article examines how law enforcement sanctions, typically applied to real-life actions, are being transferred to online activities. Building on François Hartog’s ideas, the study links memorial legislation to a new “regime of historicity,” highlighting its unique role in commemoration. By examining relevant laws and media discussions, the study follows the evolution of memorial legislation, demonstrating its importance in commemorating the Great Patriotic War in post-Soviet symbolic politics. Analysis of the amendments to Article 354.1 of Russia’s Criminal Code from its original formulation in 2014 to the revisions in 2021 reveals the shifting legal landscape surrounding online commemorative practices. As virtual spaces are gaining prominence in public discourse and legal interpretations, the boundaries between online activities and real-world actions are becoming increasingly blurred. The key trends in this process include the growing reliance on virtual platforms for information dissemination, the evolving notion of publicity in legal contexts pertaining to online behavior, and the broadening enforcement of Article 354.1. This research sheds light on the intricate interplay between memory politics, virtual spaces, and legal frameworks, reflecting broader societal shifts in information consumption and expression.