"Now the purchase of the game can be linked to the intentional funding of an undesirable organization": a lawyer on the situation regarding the ban of the S.T.A.L.K.E.R. authors

On November 18, the Russian Prosecutor General's Office declared the activities of GSC Game World undesirable in Russia. The reason was the developers of S.T.A.L.K.E.R supporting the Ukrainian army. We spoke with Irina Gushchina, a senior lawyer at Semenov&Pevzner, about what this recognition means for players, media, and retailers in Russia.

Alexander Semenov, App2Top: What does the status of an undesirable organization imply?

Irina Gushchina – Senior Legal Counsel for IT and IP Transactions – Semenov&Pevzner

Irina Gushchina, Semenov&Pevzner: An organization is deemed undesirable if its activities threaten the constitutional order, defense capability, or security of Russia. An organization can also be declared undesirable if it facilitates financial transactions and sponsors another organization that has already been recognized as undesirable.

For GSC Game World, the prosecutor's office cited several reasons: raising funds for a Ukrainian military assistance fund (whose activities have been declared undesirable in Russia) and depicting Russia as an "aggressor state," including releasing S.T.A.L.K.E.R. 2 with aggressive Russophobic content.

Once an organization is declared undesirable, all its activities in Russia are completely frozen. It cannot have structural subdivisions in Russia. Banks must refuse to conduct financial transactions — both incoming and outgoing. It cannot implement its programs and projects in Russia.

Must all mentions of GSC Game World and its games now be labeled similarly to Facebook, which is banned in the Russian Federation?

Irina: An important point: if GSC Game World publishes any informational material, its reposting is directly prohibited. You can be held accountable for this, and there is already legal precedent regarding this matter.

If it's merely about mentioning GSC Game World and its projects, there is currently no obligation for labeling. The reason is that Meta is banned as an extremist organization, not as an undesirable one – this is a different status with its own characteristics.

S.T.A.L.K.E.R 2 has disappeared from online markets right after the news. Is it true that distributing the game can now lead to criminal punishment?

Irina: The articles of the Administrative Offenses Code and the Criminal Code of the Russian Federation are formulated so that liability arises for participating in the activities of an organization. The Supreme Court defines participation as intentional actions related to continuing the prohibited activities of the organization. Examples from legal practice include:

distributing informational materials of an undesirable organization;
speaking at public events as a representative of an undesirable organization;
participating in internal events or closed conferences of an undesirable organization;
having information online that a specific person is an activist of an undesirable organization.

Viewing the game as an informational material with a certain message, it can be considered a violation of the law. This can result in a fine under Article 20.33 of the Administrative Offenses Code of up to 100,000 rubles. If the distributor has already been fined or convicted for participating in the activities of an undesirable organization, criminal liability under Article 284.1 of the Criminal Code may ensue, including imprisonment.

Can the purchase of GSC Game World products (the S.T.A.L.K.E.R and "Cossacks" series) today be considered an offense? And if so, what kind?

Irina: All examples from legal practice above involve a high degree of involvement in the work of an undesirable organization. However, for instance, there is a precedent where a person was held administratively liable for giving an interview to a representative of an undesirable organization. Therefore, it is challenging to establish clear criteria for when participation in the activities of an undesirable organization occurs and when it does not.

If the purchase of products was made before GSC Game World was recognized as an undesirable organization, there is no violation.

However, now buying the game can be linked to intentional financing of an undesirable organization, which would already be a violation. Administrative liability could occur — this is a monetary fine. For individuals, it ranges from 5,000 to 15,000 rubles, for companies — from 50,000 to 100,000 rubles. But criminal liability can also immediately arise if the purchase of GSC Game World products is regarded as providing funds knowingly intended for financing undesirable activities.

Can owning GSC Game World products (discs or on a personal account) become grounds for initiating a criminal case?

Irina: If the studio's products were purchased before it was declared an undesirable organization, the risks are lower. But if you continue to purchase new items through your account from the store, the risks increase significantly. If there appears to be a money transfer from you to the undesirable organization, criminal liability can be immediately applied.