The presidential decree of May 28, to classify the loss of the Ministry of Defense in peacetime will not be canceled. Lawyers and public figures tried to prove to the Supreme Court (SC) that the document is limited to “the fundamental interests of society to receive information.” But the sun rose on the side of the military. Defense Ministry spokesman Natalia Elina, defending the position of President, stated that “the military, signing a contract, voluntarily limited in their rights.” The applicants intend to appeal the decree in the Constitutional Court.
A group of lawyers, MPs, journalists and public figures, headed by lawyer Ivan Pavlov appealed the decree of the President of the Russian Federation to classify losses among military personnel in peace time. The plaintiffs claimed that such amendments can be made only by a federal law, rather than by-law, which is a presidential decree. They challenged not only the changes made by Vladimir Putin, but the whole n. 10 of the decree on the list of information related to state secrets (he was signed in 1995 by Boris Yeltsin). P. 10 Decree of 1995 to amending the classification provided for losses only in wartime. “The decree has not previously been challenged, because the question did not seem relevant, but now the situation has worsened”, – he explained the “Kommersant” lawyer Daria Dry. “The death of a soldier is an extraordinary incident” and therefore can not be classified as a state secret, said Ivan Pavlov.
The signed May 28 decree of Vladimir Putin referred to the state secret information revealing the loss of personnel the Defense Ministry “in peacetime, during special operations.”
That is why the term “loss” discussed separately in the sun. Under them, as it turned out, meant not only the soldiers who died, but also captured, wounded and sick. Head of Department with claims and the judicial work of the Ministry of Defense Natalia Elina (Office in court represented the interests of the President) emphasized that the death of the military can not talk only if they were killed during special operations. The plaintiffs argued that the journalist, who is at the scene and transmits the information may not be aware of the special operation is declared or not. On the question of Ivan Pavlov, whether carried out a special operation in the past two years, Ms. Elina answered in the affirmative.
Applicants were asked to assign examination of the feasibility of classifying information on casualties, would hold its Defense Ministry, stated Darya Dry. However, the ministry refused to support the initiative, the court rejected the petition. Examination of the decree previously held the government apparatus, but it did not work for plaintiffs. “It does not contain any assessment of the possible damage from the dissemination of information”, – said Mrs. Dry.
Ivan Pavlov called “mindful of the moral and ethical side of the issue.” As a result, the court session was delayed by almost eight hours. Mr. Pavlov has asked to adjourn until next week, but the judge Yuri Ivanenko did not grant the request, agreeing with the Ministry of Defence, which is considered delaying the process.
The Court dismissed the complaint, the reasoning part of the decision will be announced within five days. Ivan Pavlov said he would appeal the decision “until you’re blue.” He intends to appeal to the Constitutional Court. According to Daria Dry, the complaint will be filed with the Constitutional Court, if the Court of Appeals Sun will not cancel yesterday’s decision. “The decree contradicts at least Art. 29 and CT. 55 of the Constitution”, – she said. According to these articles, “a list of information constituting a state secret is determined by federal law” and “the rights and freedoms of man and citizen may be limited by federal law only to the extent that this is necessary in order to protect the constitutional order, morality, health, rights and the legitimate interests of others, national defense and state security. ”
According to the site the sun, a presidential decree challenged since its publication 16 citizens. Complaints first ten applicants sun reviewed yesterday and another six that were filed later take refused, citing the fact that similar cases are already in production. In particular, statements were returned to Astrakhan activist Andrei Yegorov and Alexei Tyurin, who had previously won in the sun dispute with the regional government and the prosecutor’s office, having achieved the abolition of restrictions venues for rallies.
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