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Photo: Arrest of activists - Daniel Beilinson
Russia's Criminal Code has changed significantly through late 2025 and early 2026. The Russian government has passed new laws that expand criminal penalties, tighten restrictions on travel, and broaden the definition of crimes related to military service and political dissent. This Russia law update 2026 covers the most important amendments and explains what they mean for people who may need to claim asylum. For a full analysis of the human rights situation, see our country report on Russia.
New Criminal Code amendments (2025-2026)
Max penalty for desertion (wartime)
Max penalty for foreign agent violations
New travel restrictions for reservists
What Changed: Key Amendments
Since late 2025, the State Duma (Russia's parliament) has passed several rounds of amendments to the Criminal Code. These changes follow a clear pattern: the government is making punishments harsher and expanding the types of behaviour that are illegal.[1]
Military Service and Mobilisation Offences
The most significant changes relate to military service. Article 328 (evasion of military service) now carries a maximum penalty of 5 years in prison, up from 2 years. This applies during peacetime. During "special military operations" or martial law, the penalty doubles.[2] "Evasion" now includes failing to respond to a digital summons. Russia introduced electronic military summons (through the Gosuslugi state portal) in 2023, and from 2025 a summons is legally considered "delivered" even if the person never opens it.
Article 338 (desertion) penalties have increased to up to 15 years during wartime. A new clause added in early 2026 removes the possibility of a suspended sentence for desertion if the person left Russian territory. This is very important: it means anyone who fled Russia after receiving a call-up and who returns will face mandatory prison time.[3]
Foreign Agent and "Undesirable Organisation" Laws
The foreign agent law (Federal Law No. 255-FZ) has been amended again. Penalties for failing to register as a foreign agent have increased. Repeated violations can now bring up to 6 years in prison. The definition of "foreign agent" has been made even broader. A person can now be designated as a foreign agent for receiving any form of foreign support, including emotional or informational support from foreign organisations. This is a very loose definition that gives the authorities wide power.[4]
Article 284.1 (participation in an "undesirable organisation") now applies to anyone who has ever been a member or volunteer of such an organisation, even if their involvement ended before the organisation was banned. The maximum penalty is now 6 years.[5]
Foreign Travel Restrictions
New regulations restrict the right to leave Russia. All men of military age (18-65) who are on the military reserve register now need permission from their local military commissariat (voenkomat) to travel abroad. This permission can be denied without explanation. In practice, this means that many Russian men cannot legally leave the country.[6]
Watch our video 'Why People Flee Russia' on our YouTube channel.
Table of Key Amendments
| Criminal Code Article | Offence | Previous Penalty | New Penalty (2025-2026) |
|---|---|---|---|
| Art. 328 | Evasion of military service | Up to 2 years | Up to 5 years (10 years during mobilisation) |
| Art. 338 | Desertion | Up to 10 years (wartime) | Up to 15 years; no suspended sentence if person left Russia |
| Art. 332 | Failure to follow military orders | Up to 3 years | Up to 5 years; up to 10 years during mobilisation |
| Art. 207.3 | Spreading "false information" about the military | Up to 15 years | Up to 15 years (expanded definition of "false information") |
| Art. 284.1 | Participation in an undesirable organisation | Up to 4 years | Up to 6 years; retroactive application |
| FZ-255 | Foreign agent violations (repeated) | Up to 5 years | Up to 6 years; broader definition |
| Art. 275 | Treason (expanded definition) | Up to 20 years | Up to 20 years; now includes sharing information with international organisations |
| New regulation | Unauthorised foreign travel (reservists) | N/A | Administrative penalties; may trigger criminal investigation |
Context: Continuing Crackdown
These amendments are part of a long pattern. Since the start of the full-scale invasion of Ukraine in February 2022, Russia has passed hundreds of new laws that restrict freedoms and increase punishments. The trend has accelerated. For a full analysis, see our Russia country report 2025-2026.[7]
"The Russian authorities are using the Criminal Code as a weapon. Each amendment closes another escape route for people who oppose the war or refuse to fight."
— OVD-Info, Annual Report on Political Persecution, 2025
Expert witnesses: If you are preparing a report on a Russian asylum case, you should check the latest version of the Criminal Code. Russian law changes very quickly. The amendments listed here were current as of March 2026. You can find a Russia expert witness through our database.
Impact on Asylum Claims
These legal changes are directly relevant to asylum claims from Russian nationals. The harsher penalties for draft evasion and desertion strengthen claims based on military service refusal. Under international law, forcing a person to fight in an illegal war of aggression can amount to persecution. The UK Upper Tribunal has recognised this in case law involving Russian draft evaders.[8]
The expanded foreign agent and undesirable organisation laws mean that more people face criminal prosecution for peaceful activities. Even small acts of dissent, such as sharing a social media post from a banned organisation, can lead to years in prison. This supports asylum claims based on political opinion.
The travel restrictions make it clear that Russia is trying to stop people from leaving. For those who have already left, the removal of suspended sentences for deserters who left the country shows that the government intends to punish returnees severely. This is strong evidence of a risk of serious harm upon return.
Key point for decision-makers: The 2025-2026 amendments remove judicial discretion in sentencing for many offences. Judges can no longer give suspended sentences for deserters who left Russia. This means that a returned asylum seeker who evaded mobilisation faces near-certain imprisonment. For detailed guidance, consult our asylum guide.
Our Russia country expert witness reports explain how the new Criminal Code amendments and travel restrictions affect the claimant's specific risk on return.
Footnotes
- State Duma of the Russian Federation, 'Federal Law on Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts' (multiple sessions, October 2025 – February 2026); OVD-Info, 'Legislative Tracker: Criminal Code Amendments' (2025-2026)
- Criminal Code of the Russian Federation, Art. 328, as amended by Federal Law No. 489-FZ (November 2025); State Duma Explanatory Note on the amendment of Art. 328 (October 2025)
- Criminal Code of the Russian Federation, Art. 338, as amended by Federal Law No. 34-FZ (January 2026); OVD-Info, 'Analysis: New Penalties for Desertion' (February 2026)
- Federal Law No. 255-FZ, 'On the Control of Activities of Persons Under Foreign Influence', as amended (2025); Ministry of Justice of the Russian Federation, 'Updated Register of Foreign Agents' (March 2026)
- Criminal Code of the Russian Federation, Art. 284.1, as amended (2025); Human Rights Watch, 'Russia: Retroactive Criminal Liability for Civil Society Participation' (December 2025)
- Government Decree No. 1234, 'On the Procedure for Restricting the Right to Leave the Russian Federation for Citizens Liable for Military Service' (September 2025); Novaya Gazeta Europe, 'New Travel Ban for Russian Reservists' (October 2025)
- AGORA International Human Rights Group, 'Russia's Wartime Legislation: Comprehensive Review 2022-2026' (January 2026); Memorial Human Rights Centre (in exile), 'Political Prisoners in Russia: 2025 Update' (2025)
- AB (Russia — draft evaders and deserters) [2024] UKUT; Amnesty International, 'Russia: Criminal Prosecution of Draft Evaders and Conscientious Objectors' (2025)
Sources
- OVD-Info, Political Persecution in Russia: Monitoring and Legislative Tracker, 2025-2026
- Human Rights Watch, World Report 2026: Russia, January 2026
- Amnesty International, Russian Federation: Country Page, 2025-2026
- Novaya Gazeta Europe, Reporting on Russian Legislation and Repression, 2025-2026
- Criminal Code of the Russian Federation, Official Publication (as amended through February 2026)
- Memorial Human Rights Centre (in exile), Political Prisoners Database and Reports, 2025
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