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Lawyers have listed possible penalties for insulting using emojis in correspondence.

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The use of emojis in correspondence with the intention of insulting a person may be recognized by a court as a sign of art. 5.61 of the Administrative Code of the Russian Federation ("Insult"). This was told by lawyers in an interview with RBC.

"By itself, an emoji that does not contain a textual (verbal) expression is extremely unlikely to be recognized by a court as an insult and constitute an administrative offense," said Mikhail Reprintsev, managing partner of the Fair Solutions Law Firm.

He clarified that the article "Insult" more often considers the use of profanity or other indecent statements against a person with the intention of insulting him.

Igor Semenovsky, associate professor of the Department of International and Public Law at the Financial University under the Government of Russia, said that when using emojis to express a negative attitude towards an interlocutor in court, the context of the conversation is examined in order to distinguish ordinary discontent from a deliberate desire to offend.

Before the court proceedings, it is necessary to prove that the emojis used in the correspondence were humiliated by the honor and dignity of a person.

"When proving such facts, the court will primarily take into account the conclusion of linguistic expertise conducted by specialized institutions, and not just the emotional coloring of the plaintiff," said Anna Berdnikova, associate professor of the Department of Legal Regulation of Economic Activity at the Faculty of Law of the Financial University under the Government.

Earlier, on September 11, the district court in Krasnoyarsk canceled a fine issued by the magistrate's court for insulting in a country chat using the word "habalka" and a clown emoji. Earlier, the prosecutor agreed that the combination was offensive and the applicant perceived it as such. In June, the court fined the summer resident 5,000 rubles under Article 5.61 of the Administrative Code ("Insult").

All important news is on the Izvestia channel in the MAX messenger.

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