Thursday, November 10, 2016

Will the reform of the judicial system in Russia to overcome the “judicial lawlessness”? – IA REGNUM

Tatiana Poloskova, November 11, 2016, 00:15 REGNUM

No secret, in Russia, one of the world’s lowest percentage of acquittals. Anyone faced with court practice knows that the cassation and the appellate courts typically affirm the decision of the primary court. And this, too, is hardly an unbiased approach.

. As it became known on 10 November, , the Supreme court of Russia has proposed the establishment of interregional judicial districts for courts of General jurisdiction. This was reported to journalists by the Chairman of the Supreme court of Russia Vyacheslav Lebedev. “the idea is to change the judicial system of Russia and to the establishment of the five appellate districts of the courts of General jurisdiction to cases that consider in the first instance national, regional, provincial courts of appeal was not appealed to the Supreme court of the Russian Federation directly, and in these appellate courts. And to establish nine appellate districts of the courts of General jurisdiction,” says TASS.

However, the legal community, human rights organizations believe that the reform needs not only judicial, but inquisitorial system. And that Russian citizens, in fact. not protected from judicial and police brutality. Often, a preventive measure not commensurate with the gravity of the offense and the social danger of personality. Note that aResta suspects on a number of economic crimes, citizens of Russia it is proposed to prohibit, for example, on articles about fraud in entrepreneurial activity, money laundering. Such offer contains in the project of the plenary Supreme court of Russia. As previously reported, Russian President Vladimir Putin two months ago, at the plenary session of the Eastern economic forum said: “We should certainly strive to take the kind of business these “weights”, to give the opportunity to investors to earn as follows, to make their projects work as it should, flew, if you can say .”

October 29, Vladimir Putin submitted to the State Duma a bill toughening of responsibility of law enforcement officers for unlawful pursuit of business, wrote earlier REGNUM

However, the arguments of the defense does not always find understanding in the courts. And sometimes they just can’t hear. “Alexander Artyukh was convicted Nagatinsky court of Moscow for a serious crime, for murder. However, according to the experts. clothing Artyukh was not discovered nor a single drop of blood. Not a single witness confirmed that the accused allegedly “actually, catch up victims”. In addition, this statement contradicts the materials of the case, namely, the Protocol inspection of the scene, the plan-scheme.Testimony that “a man in a black hoodie, had fought with the victim, was subsequently Artyukh, A. I.” not come from the witness V. repeatedly stated that he cannot identify the man in the black hoodie. Thus V. is also called the murderer a “man in black” that can be attributed to the other participants of the fight. The court, contrary to his duties, did not investigate exculpatory evidence A. Artyukh, had violated his right to protection. And these are not isolated cases,” he told the REGNUM the lawyer Andrei Yakovlev.

Another high-profile criminal case. Fifteen months is under arrest, the General Director of the Tolyatti enterprise Avtogradtrans Sergey Ozhegov. September 21, the judge announced once the decision on prolongation of arrest dated …19 September, which is a violation of the code of criminal procedure. We emphasize that in the record of the court session you can clearly hear that it is taking place on September 21. But not on September 19.

Sergey Ozhegov arrested on charges of involvement in the murder committed in Syzran. But his colleagues are sure that we are talking about the attempt of raider capture “of Avtogaztrans” — one of the largest in Togliatti contractors to repair roads. Moreover, a direct relation to this story is of a local gang, reports the edition TLTgorod.ru

Under part 3 of article 109 of the code of criminal procedure extending the detention period more than 12 months may be exercised in respect of persons accused of committing grave and especially grave crimes, only in exceptional cases .the Above requirements of the law by the court were not implemented. the Resolution of the judge of the Samara regional 19.09.2016 g.not given the results of the study at the hearing the specific circumstances justifying the extension of the term of detention exceeding 12 months and not provided the evidence confirming the existence of the exceptional case”, said the lawyer Irina Lazareva.

a reliable source from the Ministry of internal Affairs of Russia has confirmed to the correspondent of the REGNUM that obtaining business entrepreneurs through the use of opportunities of corrupt law enforcement officers is not uncommon. Especially, in the regions of the country. Of course, we can’t say that in the case of Sergey Ogegova there is such a scheme. But since my colleagues and those who know the situation around “Avtogaztrans” there is such an opinion, then perhaps the court has the sense to pay more attention to the arguments of the defense.

Muscovite Tatiana Sukharev attracted as a defendant in a criminal case for false trade insurance policies. Later examination found the policies the genuine. of the protocols of questioning of all the “victims”, it follows that from the sale of insurance policies they profited from 0.5 to 2 million rubles. What kind of damages are we talking about? The Prosecutor’s office of the government also drew attention to this fact, the returning criminal case for additional investigation. It is obvious that without the fact of theft is not a crime. Note that the detention of Tatyana Sukhareva took place on the day when she had to obtain a certificate of the candidate in deputies of Moscow city Council.

“whether there was] a victim of political intrigues and machinations of competitors? According to monitoring, the main struggle for the Deputy mandate was to turn around between three candidates, one of which was odnomandatnik Tatyana Sukhareva. And that she had a good chance to win. Either got “under distribution” in the framework of another company’s fight against fake insurance. Or what happened — error of law-enforcement bodies and now they don’t know how to get out of this unpleasant situation — a man spent eight months in jail and, in the case of recognition of innocent someone will have to answer for it. Now the fate of Tatyana Sukhareva is the responsibility of the Presnensky court of Moscow. The defense is confident that the grounds for its recognition guilty is not”, wrote earlier REGNUM.

And how many cases in the country, when the formal attitude of the investigators and judges to their duties leads to the fact that instead of a fair and detailed investigation is the pursuit of performance? The people in the millstones of our law enforcement system often do not know where and how to seek protection. Protection from those who are called to protect us. But relatives of defendants in criminal cases have become easy targets for scams and “fixers”.

the Quest to improve the judicial system there. But without serious reform of the activities of investigative bodies, increase their responsibility progress will not. As for police reforms after the scandal, the Acting head of the T Central Board of anti-corruption (Guebipk) Ministry of internal Affairs of Russia Dmitry Zakharchenko its real result is evident.

Read earlier in this story: the Supreme court called the article on which it was proposed to cancel arrests

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