Russian Punk Band Is Found Guilty of Hooliganism for Anti-Putin Protest

[newjason]

You know that was NOT said in anger, right? 

Absolutely

[BC]

I think one aspect we are all overlooking is that if I understand correctly an appeal has / will be filed with a higher court.

http://en.rian.ru/russia/20120823/175383263.html

Then of course if that fails there is the European Court of Human Rights

Of course their sentence will be long past by then but they can still claim damages.  An example of Russian Nationals successfully bringing suit against Russia attached below.

[BC]

BC, what you fail to acknowledge is that the religious is intertwined with the political. The Russian state has been helping the Russian Orthodox Church in trying to squeeze out competitors and has tacitly made the Russian Orthodox Church a state religion even though Russia is a secular state. In return, the Patriarch has been more than open in his support of Putin. Thus, it is legitimately political to critique the Patriarch.

Misha,

I acknowledged multiple times that religion and politics are "bedfellows"  and that this is not just the case in RU but US and other countries as well.  There is no such thing as completely secular state.  A lot goes on 'between the sheets' and has a long history going back thousands of years.

What it boils down to is this:

Both Olga and I agree that the sentence was too long.
Olga seems to indicate that they should not have been charged at all and that they were well within their rights to do so without penalty, (please correct me if I am wrong).
Legal appeals, within the RU court system and up to European level remain open so it's not over yet and even thought he group may well stay in prison for a good while or even entire sentence, they may end up getting paid any unjust time served.

What I think will happen is that their case will go to appeal and the sentence either reduced or commuted to time served.

My stance is that they did infringe, even if for a short time, the freedoms of others with their action; that such is punishable and that the punishment was disproportionate.

Here is a pretty good assessment (opinion) with some precedents where other parties were fined and even administratively jailed for similar incidents.

http://www.article19.org/resources.php/resource/3418/en/russia:-prison-sentences-for-pussy-riot-violate-freedom-of-expression

Custodial sentences were disproportionate to the damage to public order and rights of others

The imposition of two-year prison sentences was under international law unjustified interference in the Pussy Riot members’ right to freedom of expression. According to the European Court of Human Rights, prison sanctions for expression are justified only in exceptional cases where other fundamental rights have been seriously impaired, as, for example, in the cases of hate speech or incitement to violence. As already noted, the action of Pussy Riot was not violent and did not seriously harm public order or other fundamental rights.

ARTICLE 19 recalls that similar non-violent provocative public actions take place across the world. The persons involved are not regarded as hooligans and do not receive prison sentences. For example:

In April 1998, Peter Tatchell – a campaigner for LGBT rights in the UK – interrupted the Archbishop of Canterbury’s sermon in Canterbury Cathedral – the highest office in the Church of England bar the Queen - to protest against the church’s stance on gay rights. Tatchell was sentenced to pay a fine of £18.60 (USD 30).[2]
In May 2005, pro-hunting campaigners were convicted of offences under the Public Order Act. They had entered the Commons Chamber of the British Parliament during a debate on the hunting bill dressed in boiler suits and posing as builders. One campaigner said “the whole reason we went there was to make our voices heard.” The men were discharged from any punishment subject that they fulfil conditions imposed by the court and were ordered to pay £350 (USD 550) costs.[3]
In April 2012, four members of the Ukrainian women’s rights movement FEMEN barricaded themselves into the bell tower of Saint Sofia Cathedral and protested topless against a draft anti-abortion law submitted to the Ukrainian parliament. The activists were arrested and charged with administrative offences for which the punishment is community service, administrative arrest of up to 15 days and fines.[4]
In May 2012, fourteen protesters against coal exports were arrested in White Rock, Canada, as they threatened to block the railway route. All protesters received fines.[5]
In 2012, three members of a climate action group staged a protest at Aberdeen airport that resulted in its temporary closure. The protesters were found guilty of a breach of the peace and were sentenced to fines of between £300 and £700 (USD 470-1100) each.[6]
The Russian authorities should have resorted to similar non-criminal and less intrusive sanctions in this case.

http://en.rian.ru/video/20120410/172730550.html

Watching the film of this FEMEN action, other courts could also have charged them with resisting arrest and assault on a police officer.

[BC]

In typical fashion, United Russia Deputy Ilya Kostunov, in response to the widespread criticism of Syrova's abuses of power in the Pussy Riot case, said on Monday that he will introduce a bill that will make "unqualified criticism" of judges a criminal offense.
 

http://globalvoicesonline.org/2012/04/06/russia-blogger-dmitri-shipilov-convicted-of-insulting-a-state-official/

Such laws also exist in other countries, i.e. Italy....  so is not unique to RU.

Relevant Laws
Penal Code
Art. 594 provides that anyone who offends the honor or dignity of a person shall
be punished by imprisonment of up to six months or a fine of up to 516 euros
(approx. US$670). This may be increased to up to one year in jail and a fine of
1,032 euros (approx. US$1,340) if the offense involves attributing a specific fact.
The penalty may be increased if the offense is committed in the presence of
several persons. Art. 595 provides that anyone who, when communicating with
more than one person, harms the reputation of another, and the case is not covered
by the preceding article, shall be punished with imprisonment of up to one year or
a fine of up to 1,032 euros (approx. US$1,340). When the offense consists of
attributing a specific fact, the penalty provides for imprisonment up to two years or
a fine of up to 2,065 euros (approx. US$2,685). If the offense is committed via the
press or any other means of publicity, or at a public demonstration, the penalty is
imprisonment of six months to three years or a fine of no less than 516 euros
(approx. US$670). The law further provides that the penalty shall be increased if
the offense targets a political, administrative or judicial body, or one of its
representatives.
Art. 278 provides that anyone who offends the honor or prestige of the
President of the Republic shall by punished by imprisonment of one to five years.
Art. 291 prohibits “publicly vilifying” the Italian nation. Offenses are penalized by
fines ranging from 1,000 to 5,000 euros (approx. US$1,300-6,500).
Art. 292 provides that insulting the national flag or another State emblem is
punishable by a fine of 1,000 to 5,000 euros (approx. US$1,300-6,500).
When the offense is committed at a formal ceremony or public event, the fines are
increased to 5,000 to 10,000 euros (approx. US$6,500-13,000).

http://www.freedomhouse.org/sites/default/files/Insult%20Law%20Report.pdf

[OlgaH]

Olga seems to indicate that they should not have been charged at all and that they were well within their rights to do so without penalty, (please correct me if I am wrong).

Yes, you are wrong. I already expressed my opinion regarding penalty in the beginning.

[OlgaH]

In typical fashion, United Russia Deputy Ilya Kostunov, in response to the widespread criticism of Syrova's abuses of power in the Pussy Riot case, said on Monday that he will introduce a bill that will make "unqualified criticism" of judges a criminal offense.

Such laws also exist in other countries, i.e. Italy....  so is not unique to RU.

I hope you do not say it is as a good example to follow.

[BC]

Yes, you are wrong. I already expressed my opinion regarding penalty in the beginning.

Then I stand corrected, but do wonder what all the discussion was about... I guess we just agreed to disagree about what we already agreed.

[Misha]

Such laws also exist in other countries, i.e. Italy....  so is not unique to RU.

BC, laws may exist, but the question is whether they are applied, would be applied and would be thrown out if somebody actually tried to apply the laws on the books. There are many goofy laws out there that still exist in theory, simply because nobody has gotten around to actually rescinding them. As they are ignored, it is simply not worth the bother to take the time to get the off the books.


Also, it is important not to fall into the trap of whataboutism by simply cherry-picking laws and comparing different countries as the object of analysis should be the whole and not the individual parts. Yes, perhaps law X exists in Germany, law Z in Italy, law Y in Saudi Arabia, but this is meaningless without understanding the full context.

[BC]

I hope you do not say it is as a good example to follow.

No, intent was to show that law is not universal.  But RU does have an appeal process and even if that does not work out in favor of the group and if it is deemed a human rights issue can go further to the European Court to which RU is a signatory.

So an ultimate balance does exist when it comes to human rights, even in RU.

Any system will have intended and unintended errors of judgement.  As long as remedies exist to counterbalance undue political influences then things will sort themselves out in time.

Bottom line, it's not a hopeless situation.  In fact I'm quite optimistic things will change over time.

[OlgaH]

who

Then I stand corrected, but do wonder what all the discussion was about... I guess we just agreed to disagree about what we already agreed.

In such case you agree that the sentence is disproportional, their motive was political and not religion hatred, the defence had to be given its right to have their witnesses and experts during the trial,  and the illegal occupation of the Cathedral by Church should be taken into consideration as well  (btw I had opportunity to discuss this issue with the US attorneys and couple of judges so when you said "our argument did not fly in RU court and it would not fly in ANY court, even in the US" is not correct)

[BC]

BC, laws may exist, but the question is whether they are applied, would be applied and would be thrown out if somebody actually tried to apply the laws on the books. There are many goofy laws out there that still exist in theory, simply because nobody has gotten around to actually rescinding them. As they are ignored, it is simply not worth the bother to take the time to get the off the books.


Also, it is important not to fall into the trap of whataboutism by simply cherry-picking laws and comparing different countries as the object of analysis should be the whole and not the individual parts. Yes, perhaps law X exists in Germany, law Z in Italy, law Y in Saudi Arabia, but this is meaningless without understanding the full context.

My context is to widen the view that sovereign states do have the power to create laws, and that most of RU law is not that different than other states.  It's silly to look at a a tree too close and ignore the forest.

Do not fear though..

It's really great that an overseeing judicial body exists and that RU is a member of it, even has a RU judge.  In fact it is quite bold.  As long as that is the case then I'll remain optimistic.  I'll change my mind and even agree with Olga's negativity the moment they cease being members and signatory to this court.   

Laws do need to be tested, so maybe all this Pussy Riot deal does have a purpose.  Yes they pushed their way through the envelope knowingly but there is a safety net.  Either RU appeal will resolve the issue or the ECHR will draw the line. 

Russia appears quite frequently at this court.. I don't believe they want a zillion cases more so there is a balance out there that will provide relief and restraint in time.

Keep your eye on http://www.echr.coe.int/ECHR/homepage_en  Some interesting judgements there..  like Tymoshenko v. Ukraine hearings start in  a week or so..

Russia failed to account for disappearance of husband and father of five in Chechnya

Just satisfaction (Article 41)
The Court held that Russia was to pay 2,000 euros (EUR) to each of the children and wife of Khamzat Umarov, as well as EUR 60,000 jointly to them in respect of non-pecuniary damage, and EUR 1,260 for costs and expenses to the applicants’ representative.

[BC]

who
In such case you agree that the sentence is disproportional, their motive was political and not religion hatred, the defence had to be given its right to have their witnesses and experts during the trial,  and the illegal occupation of the Cathedral by Church should be taken into consideration as well  (btw I had opportunity to discuss this issue with the US attorneys and couple of judges so when you said "our argument did not fly in RU court and it would not fly in ANY court, even in the US" is not correct)

Olga, 

I'm certainly not going to start at the top, but just for the record are you stating with this that you believe that the charges were baseless and they should not have been charged at all? You seem to be backpedalling.  If the court screwed up by not allowing witnesses etc, they can appeal.  Normalna.

What if Pussy riot had pranced into the public courthouse and 'performed' there?  Did you show your experts the video and ask that question?

Some likely charges that can vary by state, county or city:

Demonstration without a permit (amplified sound). NYC
Trespassing (when refusing to leave when asked, courthouses have rules too)
Resisting arrest (having to be dragged out by police).
Possibly assault / battery on a police officer.
A couple of pissed off Judges who's sessions were interrupted because of the ruckus.
Maybe a civil claim from several lawyers for time lost at 500 bucks an hour due to delay.
etc etc...

[The Natural]

"They were brutally deceived and used by the Washington-financed NGOs..." Incredibly naive and does not give Russians any agency. This may be hard for some to believe, but Russian women are perfectly capable of thinking on their own and coming up with their own plans and strategies for better or for worse. Fine, disagree with their methods, but trying to reduce their thoughts and actions to the tools of American "NGOs" is incredibly reductive IMHO.

It is actually the OPPOSITE of naive. What is naive is what these pussies thought they were making a case against and the increadibly gullible westerners who support it.
 
Put it (this case) into a wider picture and you see it's just one more instance where the powers that be in the western establishment use propaganda to further it's goals in different colour revolutions around the world in order to create chaos, civil wars and the destruction of souvereign national states so that these mad power and money hungry parasites may win the day. What is NATO today other than an agresssive war-mongering entity who is using the military might of USA to further the goals of a few select to the detriment of the majority, including the US public? Pussy Riot is but just one small example of it all. Another example is the chess player, Kasparov.
 
These players in the game are as far as I'm concerned, and also from a Russian viewpoint, enemies of the Russian state and to be considered Quislings. But the really sad thing is that these players on the whole don't know they're being used to destroy their own as well as their families lives. A possible exception is Kasparov, who probably is set for life as far as money and protection is concerned.
 
It is the same as the millions of Americans who live lives in a middle class existance that keeps getting worse and worse, not to mention the poor. They are STILL somewhat living in the illusion that there is any kind of upward mobility to be hoped for, even in the face of ever increasing living costs and declining wages. If you just apply yourself! If you just work harder, all will be so much better. Ha! We have a few examples here on this site. These people write like they belong to the 1% with all their talk about
freeloaders, lazy people and how just working hard will bring prosperity. They live in the past, I say. Unless they are really among the 1%, which I doubt since they're here, they will too be decimated if things keep on like this. And with 1500 billon a year in the red, 15 trillion in debt and 70 ++++ trillion dollars in future liabilities, I kinda don't believe it. But then again, I'm not an American who is always positive about the outlook.
 
Back on track, Pussy Riot and the likes are just the same old story. Certain influential individuals in a cartel of western powers want to cut down Russia to size because they stand in their way of world dominance. First Egypt and Libya. Now Syria. Next Iran and then.... Russia and China. Support the troops? I think not.
 
I've said it before and I'll say it again, Vladimir Putin is the only man who can stand up against the mad individuals who run NATO and European and American policy.
 
I take these thoughts and present them to my girl and her family and in the past, of my ex-wife from Russian, and while these views are considered heretic in the west, they meet the understanding of the east. Maybe it's us in the west who's been propagandized all these years? All is not well on the eastern front, but we're really messed up in the west if we sit down and believe all the stupid box is telling us on the evening news.
 

[Misha]

Again, Russians are capable of acting on their own without foreign influence. Yes, women such as the ones in Pussy Riot are the minority in Russia, but that does not mean they are stooges to the West. They are perfectly capable of developing their own plans and pursuing their own agenda without having to be somehow receiving secret orders from the West 

"Vladimir Putin is the only man who can stand up against the mad individuals who run NATO and European and American policy." Is there another Vladimir Putin as we are certainly not referring to the same one :x Where do you think Putin is keeping all the billions that the has squirrelled away? In European banks and offshore banks.   

[The Natural]

Again, Russians are capable of acting on their own without foreign influence. Yes, women such as the ones in Pussy Riot are the minority in Russia, but that does not mean they are stooges to the West. They are perfectly capable of developing their own plans and pursuing their own agenda without having to be somehow receiving secret orders from the West 

And you replied that Paul Craig Roberts, a former member of the Reagan administration, is naive? Pardon me if I LOL a little right now :-)

[Misha]

And you replied that Paul Craig Roberts, a former member of the Reagan administration, is naive? Pardon me if I LOL a little right now :-)

Yes, he is based on what he wrote. Reads like another run of the mill conspiracy theory IMVHO when it comes to his description of the group. Yes, I agree that the United States is doing some nasty things, but it does not mean that there aren't people in Russia who are opposed to Putin and they don't need the Americans or anybody else to tell them what to do...

[The Natural]

Yes, he is based on what he wrote. Reads like another run of the mill conspiracy theory IMVHO when it comes to his description of the group. Yes, I agree that the United States is doing some nasty things, but it does not mean that there aren't people in Russia who are opposed to Putin and they don't need the Americans or anybody else to tell them what to do...

Of course. I'm all for free speech and differences of opinion, but what I tried to show with my piece was a pattern which you can see in other areas if you follow what is happening geo-politically. It's just soooo coincidental how all kinds of "scandals" seem to emerge when the west needs it most, like after Russia refused military intervention to Syria when the west pressed for it in the UN. Then the western media is all over Russia for jailing protesters for exactly the same as another group of protesters in Germany discovered,.... hate speech and disturbing a holy church. But of course, we in the west as so hypocritical, so it's two sets of rules, right?
 
 

[OlgaH]

 

Olga, 

I'm certainly not going to start at the top, but just for the record are you stating with this that you believe that the charges were baseless and they should not have been charged at all? You seem to be backpedalling.  If the court screwed up by not allowing witnesses etc, they can appeal.  Normalna.

What if Pussy riot had pranced into the public courthouse and 'performed' there?  Did you show your experts the video and ask that question?

Some likely charges that can vary by state, county or city:

Demonstration without a permit (amplified sound). NYC
Trespassing (when refusing to leave when asked, courthouses have rules too)
Resisting arrest (having to be dragged out by police).
Possibly assault / battery on a police officer.
A couple of pissed off Judges who's sessions were interrupted because of the ruckus.
Maybe a civil claim from several lawyers for time lost at 500 bucks an hour due to delay.
etc etc...

BC, please show me my exact quote about baseless charges?  I don't agree with the religious hatred charges. Hooliganism? Also questioned.  They failed to follow the law "On Meetings, Rallies, Demonstrations, Marches and Pickets" and they did not get permit from the Fund of The Cathedral that is a secular organization or from the Moscow administration to hold their public show-protest in the building that is a monument of architecture. The monument is open for general public. About charges you can read below, of course if you read Russian and have no problem to understand the Russian law http://www.rg.ru/2012/06/09/mitingi-dok.html

It should be administrative charge.

Resisting arrest? Possible assault on police? I'm surprise you did not say possible murderer  I cannot recall such things. Please give me the link to such sources of information.

If you are talking about video, it was not police it was the private security hired  by the Fund, the office of the private security is also inside the building, they rent office there, the owner of the private security company is a child of the executive director of the Fund.  All action was 41 seconds, the security could call police, but they did not, they took the girls outside and let them go.

 Later one of the security was a plaintiff who suffered deep psychological damages because of the girls performance and could not sleep.

Regarding ruckus and delay I think you are trying to be funny 




 

[OlgaH]

Deputy dean of the Cathedral Mikhail Ryazantsev has confirmed that the territory where Pussy Riot performed doesn't belong to the Church but belongs to the City of Moscow, and the Church has no right to occupy the territory for their service, therefore the girls' action cannot be considered to be "hooliganism" because the Russian Law doesn't forbid to dance and sing in the public place.

http://ozpp.ru/news/klyuchar-hhs-podtverdil-chto-pussy-riot-vystupali-v-chasti-hrama-ne-prinadlezhashchey-rpts.html

[BC]

Olga,

By 'there' I meant At the offices of the
Lawyers and judges you reviwed this incident with.

[OlgaH]

 

Olga,

By 'there' I meant At the offices of the
Lawyers and judges you reviewed this incident with.

 not a trouble at all, they like to chat with me  Today I'm in Orlando. I was working during the mediators conference. I help lawyers and mediators to prepare their presentations and I also handle the visual part of presentations. They do ask different questions about Russia.

[mendeleyev]

Put it (this case) into a wider picture and you see it's just one more instance where the powers that be in the western establishment use propaganda to further it's goals in different colour revolutions around the world in order to create chaos, civil wars and the destruction of souvereign national states so that these mad power and money hungry parasites may win the day. What is NATO today other than an agresssive war-mongering entity who is using the military might of USA to further the goals of a few select to the detriment of the majority, including the US public? Pussy Riot is but just one small example of it all. Another example is the chess player, Kasparov.
 
These players in the game are as far as I'm concerned, and also from a Russian viewpoint, enemies of the Russian state and to be considered Quislings. But the really sad thing is that these players on the whole don't know they're being used to destroy their own as well as their families lives. A possible exception is Kasparov, who probably is set for life as far as money and protection is concerned.

Natural, as Russia holds a key position in NATO advisory functions as the leading member in the Russia-NATO council every NATO meeting has a Russian representative so that it is highly unlikely that NATO is going to do anything that surprises Russia. If you're truly concerned about NATO's influence on Russia I'd suggest that you cable Russia's Envoy to NATO, Ambassador Rogozin and let him know your concerns. He is a very capable person, very intelligent and has the ear of Vladimir Putin.

I know Gary Kasparov and your position on him is sadly misinformed. He is not, in my opinion, the best personality for a future leader, but he is not an idiot nor is he an American puppet. He has, by the way in the words of that country song "been country when country wasn't cool." Long prior to now, even before the days of George W gushing about Putin's pure soul, long before NATO's unfortunate encroachment too far East, he has been a principled dissenter. Labeling him as a puppet of NATO or the USA is character assassination.

Just so you know, Pussy Riot is neither American nor an American invention or influenced, although I'm going to venture that with all this publicity someday they'll do an American tour as the American education system has dumbed down far too many youngsters who will see them as "cool revolutionaries" and welcome them with open arms. And live chickens.

When you react to my post, please do so in context. I'm not an American first, although I'm an American citizen, I'm Dutch and a good part of my growing up was in the Antilles, out of the grasp of Washington. Don't hold it against me that I attended HS in West Virginia as they barely had running water, electricity or news outlets if memory serves correctly, and so many of my formations in thought are void of typical Americanisms. I often speak against the American government and am not a member of either major party, preferring to be a registered Independent free of party requirements. My government thinks that I'm in bed with the Russians and some of the Russians in power feel just the opposite so I am perhaps more properly a citizen without a state in some respects.

I have traveled the depth and breadth of Russia and most of the former republics. I've been in places like Chechnya which is closed to most Westerners, and to Moldova, Georgia, Uzbekistan, Kazakhstan and Ukraine. Having sat in the living rooms of the rich and famous and the poor and destitute, I can confidently report to you that few propaganda machines matched the Soviet, except for the Nazis. I hope that the Americans never perfect it to the level of either of those two.

Perhaps the Vladimir Putin whom you think you know is not the Vladimir Putin that a growing number of Russians believe they are discovering. The USA and NATO could fall off the map and Russia's opposition will continue to develop. The USA did not manipulate the December DUMA elections to create mass demonstrations nor was it NATO that swept the streets of ordinary citizens on inauguration day and cause thousands more to join the opposition. Russia will determine her own destiny and that is her right.

[Misha]

Of course. I'm all for free speech and differences of opinion, but what I tried to show with my piece was a pattern which you can see in other areas if you follow what is happening geo-politically.

Pattern? Yes, popular frustration can grow when authoritarian rulers hold onto power for too long and the population eventually is fed up with their rule. Are you going to say that the Arab Spring was solely caused by the Americans as well? Was the October Revolutions solely caused by foreign sources in 1917? Yes, I agree that individuals can be inspired by what is happening elsewhere in the world and they can even come into contact with foreigners and exchange ideas, but that does not mean that individuals protesting their own governments are somehow being used as dupes by foreigners. However, I do recognize that it is easier for the powers that govern states to blame outsiders than to acknowledge that perhaps changes are necessary or perhaps not everybody in their state is in agreement with their policies...

[mendeleyev]

Deputy dean of the Cathedral Mikhail Ryazantsev has confirmed that the territory where Pussy Riot performed doesn't belong to the Church but belongs to the City of Moscow, and the Church has no right to occupy the territory for their service, therefore the girls' action cannot be considered to be "hooliganism" because the Russian Law doesn't forbid to dance and sing in the public place.

Olga, they didn't perform in the park beside the church, nor in the little wood chapel, or on the Moscow river bridge. They didn't perform outside by the Aleksandr monument. No, they performed in the Sanctuary of the church, just before the Iconostasis, a step or two from the Holy Altar. To say that they were standing in a spot that the "church had no right to occupy" sounds just as nonsensical whether you say it or some newspaper supposedly quoting the assistant to the Dean. You know this, and that is why it is puzzling and disappointing to see you continue in this vein.

[BC]

Olga, they didn't perform in the park beside the church, nor in the little wood chapel, or on the Moscow river bridge. They didn't perform outside by the Aleksandr monument. No, they performed in the Sanctuary of the church, just before the Iconostasis, a step or two from the Holy Altar. To say that they were standing in a spot that the "church had no right to occupy" sounds just as nonsensical whether you say it or some newspaper supposedly quoting the assistant to the Dean. You know this, and that is why it is puzzling and disappointing to see you continue in this vein.

De facto vs de jure

IMO many lawyers and law professionals, even businessmen dealing with contracts get caught up in the mindset of de jure, stumbling over and  bending the word of the law, desperately seeking that 'technicality' that might help them win a case.  Over the years I worked with many military regulations and quite a few lawyers and observed that 'mindset', even got caught up a bit in such myself.   One day going over a particularly tricky regulation trying to resolve a problem I asked a good friend for his opinion.  He did not even look at the material.. he just told me "Close the damned book, you've practically memorized it. What is the spirit and intent of this regulation?"..  One moment and everything sort of came together.  It also helped me reconcile other aspects of life such as the conflicts I had with organized religion.  An aside - What astounded me was our Orthodox Padre boldly told me basically the same thing, that "You'll find this Church full of formal ceremony and practices, bells and incense, that some like to express themselves kissing Icons etc. Don't let all that make you feel obligated to do the same.. instead just enjoy the spirit and intent."

Back to the topic, my interpretation is that the RU government who owned the property told the Church "You want to rebuild it, go ahead at your cost but the property will still technically be mine..  We'll work out a little rental contract to resolve any legal issues and that allows us to use it from time to time for official ceremonies etc.

The US also has a similar arrangement with The National Cathedral in DC..  Interesting history btw.

In 1791, when congress selected the site for Washington D.C., Major Pierre Charles L'Enfant was employed to lay out the city. Included in l’Enfant’s plan was a church, “intended for national purposes, such as public prayer, thanksgiving, funeral orations, etc., and assigned to the special use of no particular Sect or denomination, but equally open to all.” That original site is where the National Portrait Gallery is. Of course, this was a difficult sell. Could the American government, forbidden to establish any kind of state religion, actually build and maintain a church? A sticky situation, considering that many of the founders were deists and not really interested in a Christian church.

A congressional charter was granted to the Protestant Episcopal Cathedral Foundation of the District of Columbia on January 6, 1893 under the signature of president Benjamin Harrison. Part of the charter was a stipulation that the church be available for events at any time requested by the President of the United States or the Mayor of the District of Columbia.

http://www.askthepriest.org/askthepriest/2007/01/index.html

A very interesting read here regarding Constitutionality of the Charter and it's 'de facto' existence.

http://online.wsj.com/article/SB10001424052702303828304575179802989672806.html