ARTICLE 1871 of the CRIMINAL CODE of the UkrSSR (analogous to Art. 1901 of the Criminal Code of the RSFSR); DISSEMINATION OF KNOWINGLY FALSE FABRICATIONS THAT DEFAME THE SOVIET STATE AND SOCIAL SYSTEM. Introduced into the Code by the Decree of the Presidium of the Verkhovna Rada of the UkrSSR of November 9, 1966; amended on January 12, 1983; repealed on April 14, 1989): “The dissemination of knowingly false fabrications that defame the Soviet state and social system.
The systematic dissemination in oral form of knowingly false fabrications that defame the Soviet state and social system, as well as the production or dissemination in written, printed, or other form of works of the same content, –
is punishable by imprisonment for a term of up to three years, or by correctional labor for a term of up to two years, or by a fine of up to three hundred karbovantsi.”
We are not aware of any cases of punishment by correctional labor or fines.
This new criminal offense was introduced into legislation primarily to “off-load” Article 62, “anti-Soviet agitation and propaganda.” The latter began to be applied only in cases considered most dangerous from the KGB’s perspective. In practice, the charge of “disseminating knowingly false fabrications” was typically brought against the authors and distributors of samvydav and “tamvydav” (this article did not cover the mere possession of “slanderous literature”), as well as for oral statements that “defamed the system.”
Furthermore, the new wording of the charge made it easier for the investigation and the court to prove guilt (under the charge of “anti-Soviet agitation and propaganda,” it was necessary to prove the intent to “undermine or weaken” Soviet power, which was generally quite difficult).
Formally, the crimes stipulated by Art. 1871 did not belong to the category of “especially dangerous state” crimes. The investigation in these cases was conducted by the prosecutor’s office (although in fact it was always supervised by the KGB), and those convicted under this article served their sentences not in the Mordovian or Perm political camps, but in criminal corrective labor colonies, where it was easier to blackmail them and fabricate new criminal cases against them (see, for example: V. SICHKO, P. SICHKO, Y. LESIV, V. BARLADIANU).
Apparently, Art. 1871 was first applied in Ukraine on August 3, 1967, against V. CHORNOVIL for his collection of materials about the repressed Sixtiers, “Woe from Wit (Portraits of Twenty ‘Criminals’)” .
The article was repealed on April 14, 1989, immediately following a resolution of the USSR Congress of People’s Deputies. In accordance with the Law of the UkrSSR “On the Rehabilitation of Victims of Political Repression in Ukraine” of April 17, 1991, all those convicted under this article have been rehabilitated, regardless of the factual basis for the charges.
Kharkiv Human Rights Protection Group, V. Ovsiienko