Three problems russian courts. Zorkin, Lebedev, Ivanov
Why the judicial system in Russia is not available for anti-corruption legislation
A quarter of a century ago, judges in Russia received the status of inviolable. This means that it is impossible to conduct searches of judges, delay them and arrest them. It is almost impossible to deprive the powers. Information about the income of the judge and his relatives, check the colleges consisting of ... judges. So there was a special caste of people in the country who can caraw on behalf of the state.
Where turned - there and came out
Independence of the judicial system - constitutional basis Justice of Russia and the guarantee of our legal security. Unfortunately, independence is sometimes reborn into impunity. And irreceptibleness is an already a corruption factor that allows you to manage the laws as the court wishes. One of the simplest examples - "Fork" between the easiest and most gravity punishment. Unlike the UK, where for nine centuries has been used for a precedent law, Russia went along the way of the invention of the eternal bike. Each case is considered as if nothing like that was not like this in history. On the one hand, it allows you to apply an individual approach, on the other - Vasya O. may receive a year conditionally, and Oleg V. - three years of a real colony for a similar crime. Where, how not here, look for opportunities to illegally frown?
Chairman of the Constitutional Court of the Russian Federation Valery Zorkin, Chairman of the Supreme Arbitration Court of the Russian Federation Anton Ivanov and Chairman of the Supreme Court of the Russian Federation Vyacheslav Lebedev (from left to right) Alexey Kudenko / RIA Novosti
Here is the example of 2008, published in the report of the All-Russian Anti-Corruption Public Reception "Clean Hands": Alexander Belovinskaya, more than 10 years worked in Kizlyar District Secretary court session, told that Judges fit superficiallySometimes they give to make solutions to their trusted persons. For some cases extort money: not for "make an illegal decision, but to make a decision by law" This verbal equilibristics costs those who wish from 15 thousand to 2.5 million rubles.
What bribery in Russian courts It turned into a system, proves the ease with which people believe that the solid amount can be stopped. For example, in 2013, the assistant judge of the ninth Arbitration Court of Moscow Milan Sabirova Andrei Sitnitsa was suspected that for 80 thousand dollars Promised representatives of one of the metropolitan companies assistance to the decision of the issue of $ 54 million in their advantage on appeal, which should be obeying in this court.
Anna Khokhlova. Source photo: prizyv.tv
In the same year, Vladimir investigators accused the servant of the femids -the Judge of the October Court of Vladimir Anna Khokhlov - in "Trade" with its powers: the average price for services, according to law enforcement officers, was more than half a million rubles. So, according to the SCR, in September 2010, Anna Khokhlova for 450 thousand rubles reduced the term Punishment for the hired killer for two and a half years. In November 2016, the judge and assistant chairman of the Asbestos Horses we fell on receipt of 6 million from the defendant-notary. The case was opened by Bastrykin, Chairman of the SCR.
Three problems of Russian courts
We have already told about bribes and corruption. As it is about to track berged judges almost impossible, unless not will be supplied to the investigators their honest assistants Secretaries, bold plaintiffs and defendants. For example, the son of the Omsk developer Viktor Berg killed in 2015. Recall that in the Berg case, the Judge of the Kuibyshevsky court was one of the murder Sergey Moskalenko. He, according to the investigators, extorted 5 million rubles from Viktor Berg, it was even necessary to sell an apartment. In January 2017 Sergey Moskalenko found hanging In the park 300th anniversary of Omsk. And this is three days before the meeting in his case.
Former Judge Kuibyshevsky district Court Sergey Moskalenko photo: superomsk.ru
The second problem, which prevents Russian courts to function normally, is the specifics of the selection of judges. It so happened that the judges are either former police officers or judicial secretaries or prosecutors. Judges, prosecutors and investigators are a kind of castewhich adopted intracastic marriages, which is also not good for justice. Lawyers in judges do not take by defaultAnd this means that the judicial system is transferred towards convictions - justify, according to statistics of 2016, no more than 0.36% of cases. It is about 72 thousand people per year.But on the background of 20 million court decisions in Russia - the figure is insignificant. The court, as bloggers say, it is not about justice. The court is about the law.
The third problem is a judicial error, as well as the incorrect qualification of the case. Turn here in different ways: condemn innocent or justify the guilty. Let us recall the case of the head of the administration of the Leninsky district of the Moscow Region, Leo Lviv, sentenced to a fine of 950 million rubles. Subsequently, the decision was canceled, and Lviv received four years colony conventionally. The Prosecutor General's Office appealed the decision, but it was already too late. And the other, the opposite, the example of which Zoya Lightova writes, the journalist "Echo Moscow": "In the Smolensk Regional Court there is already about six months repeated process of the murder of 15 years ago. At the dock - convicts for the murder of Smolensk criminal authority and his driver. The Prosecutor General's Office of the Russian Federation appealed Supreme Court With a request to cancel the verdict in connection with the newly discovered circumstances and consider this business again. 12 years later" The journalist "ECH" leads an expert opinion on which 20% of the convictions of Russian courts are erroneous.
And finally, we are dealing with the overload of vessels. According to the ex-prosecutor Alexey Fedyarov, about 81% of indictments It was submitted in criminal cases considered in a special order, that is, without research evidence. In the figure of 81% there are living people - more than half a million people, which "received time". The overload of the courts, the appearance of intermediaries in the form of assistants of judges, which sometimes not only write documents, but themselves and decisions are made out, because the judge once, the recovery of storubluble fines in five instances - because of this russia's judicial system. Negligent decisions appear, judicial errors are both random and deliberate. And the second, judging by numerous evident certificates and already excited corruption deeds- very profitable.
In the theory, the salary of the regional judge begins from 50 thousand, federal - from 150, not counting free housing, 80% pension, benefits and preferences. But compared to corruption influxing it is to a funny little: bribes are sometimes calculated sometimes million. And not always in rubles.
Easy conducts a survey among its readers, which has already been attended by about 4,000 people. What opinions do you hold?
It is believed that the courts were not reformed almost from the time of the USSR, so corruption is thriving there - in a close conversion with stealing officials and businessmen with a criminal soul. This is not quite like this: over the past twenty five years have appeared order pretrial agreement , special order consideration of cases, global judges, arbitration courts, appellate instances. All this was designed to unload the court, but the opposite came around. And led to the fact that the judge does not have the opportunity to disassemble every case, and there is no special desire.
Teachka and negligence generates numerous appeals and cassation, meetings and volumes of documents - and this millions and millions of legal costs, Salary of government proclaimers, judges, assistants, secretaries. The vast palaces of justice are being built, which are little inferior to sberbank, Gazprom and Pension Fund. Are built, you must notice on budget money. Wallowed forged fences - on budget money. Shoot the judicial mantle, purchased software and computers, stationery - also at the expense of the budget. Courts - this is an integer industryWith which the "necessary" people feed - from the tailors to the lawyers.
Themis statue at the facade of the building of the Supreme Court of the Russian Federation in Moscow. Alexey Kudenko / RIA Novosti
This means that the reform of the judicial system is required again: not patchwork, as was from the period 1990-2010, but systemic. With a change of federal and regional judges, many of which are sitting in their chairs not one dozen years: Vyacheslav Lebedev, chairman of the Supreme Court - 74 years, 28 years in office; Valery Zorkin, Chairman of the Constitutional Court - 75 years and, accordingly, 27 years in office. Among them, even Anton Ivanov, Chairman of the Supreme Arbitration Court - 52 years old, 12 years His high position. But the matter is not even at the age. Just for such long term Sitting from any official, even if judges, are formed a strong family and friendly connections, the very "clan", which was written above. And no matter how much you wanted to believe in the absolute honesty and integrity of all members of the judicial community, their chad, households, friends and acquaintances, but reality is saddened.
Elena Khahaleva
The scandalous story with the judge chahalevie from the Krasnodar Region is an example: the state official has rummaged his daughter's wedding, according to the calculations of the lawyer Sergei Zhorin, worth $ 2 million. Which came to sing in a pair of songs Joseph Kobzon, Soso Pavliashvili, Valeriy Meladze, Nikolay Baskov and Vera Brezhnev. And even if you believe that they came completely free, everything else pulled by 4.5 million rubles, which is also a lot. This is the average Russian mortgage.which is paid 25 years. The judge Khahalev also has a fake, according to the statements of some media, the legal diploma of Tbilisi University and strong ties in law enforcement. Sister Elena Khahalev - Judge of the Arbitration Court of the Krasnodar Territory. The son-in-law is the Deputy Head of the Investigative Department of the SC in the West District of Krasnodar. Son Khahalev - one of the youngest deputies of Zaksa Krasnodar Territory, and he became for them at 22, having come to deputies from the post of assistant judge. His wife - Chairman's daughter regional Court , the direct chief of Helena Khahalevoy itself.
On this circle, it is closed, and we see how strong a circular lie, which united the regional court, the investigative committee, legislatives the edges. If you search, then high-ranking police officers, government officials of the Krasnodar Territory, army ranks are certainly discovered in distant relatives and among close acquaintances. And this means that do not take a simple person with the Krasnodar clan of the laws. So Elena Khahalev: "It's not necessary for people to anyone. I do not need with a wedding, b ... dy, nor with my post. The Investigation Committee may not even check in relation to the judge. On x .., absolutely do not care, b ... b Dog marks - Caravan goes " .
We can with a high probability suggest that the update of the courts will break the usual course of corruption flows, and this is the main thing. Steal will be more difficult. Bribes will be dangerous. High patrons will go into the shadow, and the plaintiffs and the defendants will cease to be afraid to signal the corruption requests of judges. And then no one can say that the system is not unemployed. And as for the independence of Russian courts, we are both hands - for.
The judicial system from the inside. Corruption among judges
Vladimir Putin about the courts and prosecutor's office
True on the judicial system of the Russian Federation. Confession judges Maslennikova ‘2016
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Chairman ... District Court G. ...
Federal judge of office ...
... applicant ...
Statement
"Legal illiteracy and ignorance of the law of the law do not exempt the judge from liability for its non-performance: Art. 3 of the Law on Status ....: 1. The judge is obliged to strictly comply with the Constitution Russian Federation, federal constitutional laws and federal laws. "
"The Chairman of the Court should be ashamed that his subordinate judges do not fulfill the Civil Procedure of the Russian Federation"
"The requirement of compulsory execution by the courts of Art. 120 of the Constitution of the Russian Federation and subordination of the judicial discretion of judges by office, but not as part of the court federal law "
"The requirement of compulsory execution by the court (...) ch. 14 Code of Civil Procedure of the Russian Federation and the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 11 No. "On the preparation of civil affairs to judicial proceedings».
"The requirement of a valid complete check of originals for compatibility and identity - the written evidence extended by the court due to their fraud.
On the presence of an explicit corruption component in judicial and non-judicial acts ... district ships G. ... (judicial practice that is not relevant to the law) concerning the relationship between the RSO and citizens - the owners of the apartments in the MCD.
About preparation for the submission of a non-defined decision by the federal judge ....
Decree of the President of the Russian Federation of January 11, 1995 No. 32 "On the state positions of the Russian Federation" is established scroll state posts Russian Federation. This list includes the post of federal judge.
In order of interaction with the state, declare the foundation corruption offense In consideration of the case without properly pre-trial preparation, which did not establish the legal relations of the Parties, and almost all the evidence submitted by the defendant and the third person are not legitimate.
I demand from the trial of the valid execution of Art. 120 of the Constitution of the Russian Federation and subordination of the judicial discretion of judges by office, but not as part of the court federal law "
I demand from the court of compulsory execution by the court (...) gL 14 Code of Civil Procedure of the Russian Federation and the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 11 No. "On the preparation of civil affairs to the court proceedings».
I demand from the court to complete the originals for compatibility and the identity of the written evidence extended by the court due to their falsification.
In accordance with Art. 156 Code of Civil Procedure of the Russian Federation i ask the court to clarify his position in the light of the above with the record in the protocol.
"2. Presiding .... gives clarification regarding its actions .... "
The lack of execution of the Code of Civil Procedure of the Russian Federation federal judge ... It clearly indicates its preparation for the submission of a non-violent judicial act.
I bring to the attention of the court that there is an explicit corruption component in judicial and non-judicial acts. .. The district court of ... concerning RSO relations and citizens - apartment owners in the MKD.
I ask all the indicated take note and use when making a court decision.
2. ... Application
According to paragraph 2 of Article 7 of the Federal Law "On Countering Corruption" in the range of main areas for improving the effectiveness of anti-corruption, the creation of a mechanism of interaction and other measures aimed at attracting citizens to more active participation in combating corruption, as well as on the formation of negative in society Relationships to corruption behavior
According to PP "A" of claim 1 of Art. 1 of the Federal Law "On Countering Corruption" to corrupt violations includes the illegal use of its regulations Contrary to legal interest societies and states in order to gain benefits for third parties or in the form of other property rights for third parties
According to PP "b" Part 1 of Art. 1 of the Federal Law "On Countering Corruption" to corrupt violations include the accomplishment of acts specified in subparagraph "A" of this clause in the interests of a legal entity.
Of the aggregate of the rights given it follows that the state encourages citizens to actively track the actions of officials for the illegal use of their official position to provide third parties to get any benefits.
To establish the fact of corruption, it suffices to establish the fact of the illegal use of its official position by civil servants in the interests of a legal entity.
In our case, such facts are somewhat
1. According to Part 1 of Art. 161 LCD RF Government of the Russian Federation establishes standards and rules for managing multi-family houses. The government adopted a resolution of May 15, 2013 No. 416, which approved the rules for the implementation of MKD management activities, where it is planned that the MKD management activities can be carried out by the management organizations that entered into the management agreement apartment house (p. "B" Art. 1). Other managers who manage the house without the conclusion of the management agreement, nor the law nor the sub-commercial acts provide.
Thus, to confirm its right to claim, the claimant is obliged to submit, at a minimum, evidence that the management contract is concluded.
In the absence of a contract, violated obligations does not arise, and therefore no debts arise. The initiation of civil affairs in the absence of a management contract is - in my opinion - just unacceptable. In the initiation of civil case, about the recovery of knowingly non-existent debt (in the absence of a contract), the direct interest of the judge in the adoption of a decision not based on the law is in the interests of the plaintiff
From our side, the question of establishing legal relations was repeatedly taken to the discussion of the court, but it was denied in gross form. Ignoring the court of the applicant as a whole, if it was concrete, appropriate and important, is a violation of the right to a fair trial recognized by paragraph 1 of Article 6 of the Convention, which is confirmed:
- Case of "Pronina (PRONINA) against Ukraine" dated July 18, 2006; Complaint 63566/00, p.25;
- Case of "Bochan (Bochan) against Ukraine" from 03.05.2007; Complaint 7577/02; R.84;
- Case of "Bogatova (Bogatova) against Ukraine" from 07.10.2010; Complaint 5231/04, p.18;
If the courts are accepted claims Without instructions on these evidence, they make a procedural effect in which it is possible to establish signs of direct non-obstinate law. Such actions reflect the personal conviction of the judge about the optional compliance russian legislation, cheeky challenge to the state and society, obvious signs of corruption manifestation.
2. According to the law, it is necessary to fulfill the training in any civil case - "preparation for the judicial proceedings is mandatory for each civil case ...". (Part 2 of Art. 147 Code of Civil Procedure of the Russian Federation). And only after preparation - recognizing the case prepared, the judge receives the right to make the definition of the appointment of the case to the trial at the court session.
However, the preparation has not been carried out in this case. The defendant has the right when preparing for a court proceedings (Part 2 of Art. 149 Code of Civil Procedure of the Russian Federation) to clarify the actual grounds claims; To declare a request for the request for the evidence that he cannot get independently without the help of the court. The defendant was deprived of these rights.
3. According to the Law on the judge, the obligation to clarify what facts are important for the case (P.5 of the specified ruling) to determine legal factswhich are based on the claims and objections (P.5 of the specified decree). However, the judge did not fulfill these duties.
This behavior indicates the interest of the judge in the outcome of the case. In the case of Kraska V. Switzerland The European Court of Human Rights, for example, found that the behavior of the judge in how the judge represents and maintains the case, may indicate that the part of the party has been deprived of the proper proceedings of his case.
In order to interact with the state, I declare the foundation of the signs of the corruption offense in the adoption of an unjust claim, in which there is no foundation - the management contract - and in which the legal relationship of the parties has not been established. I declare invalid ignoring the court of the participant's right to prepare on the case.
My right to submit statements about combating corruption is provided by law.
Please, when making a decision on Appeal complaint Take into account the identified signs of corruption manifestation...
According to operational information, the heroes of the scandal were the judges of the Moscow Arbitration Court and.
As previously reported EAST, on April 22, 2016, the operatives of the FSB and investigators of the SC as part of an operational experiment. The estimated bribe was to ensure the submission of the decisions they needed the brief. It is known that a certain businessman passed money for judges through a lawyer. According to the sources, the judges of Storublev and Corrodov worked for a long time collaborated and even friendly with this lawyer. There is also information that after the arrest to initiate a criminal case in the relationship of the judges, due to the complex decision-making procedure - giving the consent of the highest qualification board of judges of the Russian Federation, whose chairman is Nikolay Timoshin. Currently, the issue of initiating a criminal case and election of a preventive measure against the detained judges is decided.
reference
The initiation of a criminal case against the arbitration judge provides for a special order. The decision to initiate a criminal case against the federal judge is made by the Chairman Investigative Committee RUSSIA Alexander Bastrykin, but only with the consent of the highest qualifying board of judges of the Russian Federation.
Scandalous affairs of judges Strawubeva and Corogogan
Storublev is the judge of the judicial board upon consideration of disputes arising from civil and other legal relations, Corogolov - Judge of the Judicial Collegium to consider disputes arising from administrative legal relations.
Both judges considered their practices who were incredible. So Corogalov got rid of 155 million rubles from fine, Arbat-Prestige holding. The court recognized illegal decision tax authorI have obligated a perfume company to pay a huge penalty in the budget.
Vadim Storublev decided to introduce the procedure competitive production With respect to Vithara LLC, which is part of the Pavlovskgranit Group, one of the largest producers of rubble. The resonant decision caused a flurry of critics and accusations of the personal interest of Storububev in the adoption of procedural decisions in favor of Sberbank Capital LLC. A lot of noise caused a storubacing solution about the inclusion of two VIP depositors in the registry creditors.
Experience and awards
Judge Storublev has a judicial experience for more than 15 years, until joined the Moscow Arbitration Judge, he worked at the Moscow Garnisar Military Court. In 2007-2010, Storublev was the chairman of the judicial composition of the Arbitration Court of the city of Moscow. Vadim Storublev awarded honorary diploma The Arbitration Court of the city of Moscow and the medal "For the difference in military service" of the III degree.
Igor Corogovanov served in the organs of the Military Prosecutor's Office of the Severomorsky garrison and the group of border troops in the Arctic, in the military prosecutor's office of the Federal Border Guard Service of the Russian Federation and in the main military prosecutor's office. In 2006, he was appointed judge of the Arbitration Court of Moscow. Corogalov was awarded the Medal of Zhukov, breast familiar "For the difference in the service" II degree, the medal "300 years Russian fleet", the medal "for the difference in military service" of the III degree, the medal "for the difference in military service" of the II degree.
The latest detention of judges and sentences
Readers had the impression that I had a pro-domineering position in all positions. However, it is not. Patriot, unlike the adaptation, should see and criticize the unsightly sides of the authorities.
I want to tell you about what I know does not look - about the judicial corruption. I have extensive judicial practice in various branches of law, most advantage - in arbitration courts. Engaged in the most different cases - from countering raudes to tax disputes. Everything that is written below was observed by me personally, I am ready for every word.
Contrary to official data, at least 90% of the judiciary are involved in corruption schemes. This "shadow" market, whose annual volumes can be assessed hundreds of millions of dollars. Most cases in which the subject of the claim is large, are negotiable - because it is cost effective. Give some percentage of the subject of the claim and are guaranteed to get the right decision.
The average amount of bribes in the court of first instance is from 25,000 cu, not counting the mediator fee. In the higher instances on major cases, the bribe can reach several million.
The judicial corruption is characterized by high latency - that is, bribes law enforcement agencies are detected extremely few.
The scheme of work has long been established. The market has a huge number of intermediaries (solvaster), who have a trust relationship with the judges. As a rule, these are relatives or close friends of judges, about which everyone knows that he "decides" with a certain judge. Through these mediators and informal negotiations with the judge occur.
It should be noted that judges are careful and almost never overlook with a proposal to the side. On the contrary, the party itself (the plaintiff, the defendant) appeals to intermediaries and voiced his wishes. So in judicial corruption there is a share of the fault of our business - the judges take, because they are offered.
It is almost impossible to identify such a crime - after all, in relation to judge, the law prohibits operational activities. As a rule, the FSB-Schnik from informal sources know that the judge "takes", but it is impossible to do anything about it. Maximum, which may threaten the judge, in respect of which there are reasonable suspicions - resigning at their own request.
I will give a real example from practice. The FSB listened to the phone of one lawyer who had the negligence to discuss on the phone with the judge "delicate" questions. The conversation was recorded. We emphasize that it came out by chance - after all, the phones themselves can not listen to the judges. The record was transferred to the Chairman of the Court, a conversation took place with the judge, as a result of which he wrote a statement about the care. This is all ended.
It would be halfbes if the arbitration judges simply took bribes and endured relatively unreasonable solutions. The fact is that their decisions make tremendous damage to the budget of the Russian Federation.
Recently, a criminal group was exposed in St. Petersburg, which fraudulently reimbursed billions of VAT from the budget.
But who made decisions about compensation from the budget of Lia-VAT? Arbitration judges. It is also indicated: the criminal group enjoyed its corruption connections in the judicial sphere. It is asked: the judges did not understand what solutions did they take out? Which of them suffered responsibility for causing huge damage to the budget?
Reimbursement of "black" VAT is a topic for a separate conversation. If briefly is a brazen, predatory broken billions of public money by manipulations in court with pieces.
One example from practice. The court decided to compensate for the "black" VAT, which was fulfilled by the tax inspect. Subsequently tax inspectorate found that the contract that was the basis for compensation was signed cEO, Died 5 years ago. Naturally, the tax turns into court with a claim for the recognition of the contract invalid - in order to subsequently cancel the judicial decision on VAT refund. It would seem that everything is clear. But what does the court do? It uses Jesuit logic: it does not matter the death of the director, since the execution of the contract was confirmed by the subsequent actions of the company, on behalf of which a non-existent director signed a contract. And in general, the evidence is unacceptable, since they are obtained as a result of operational investigative activities.
Who benefits corruption in a judicial environment? First of all, the judges and intermediaries themselves. The parties are paying for money, because they do not trust fair justice - because the opposite side can also "take".
Corruption is unprofitable primarily to honest lawyers. Customers are not ready to pay good money for normal, qualified lawyer's work. This work is impaired by the services of "solvisers". The client argues so - for what to pay a lawyer if the solver offers a service "all inclusive"? And what does this lawyer mean with their knowledge for the client if the question is effectively solved in another plane?
Finally, the special danger of the judging corruption is that the court is the last tool to protect violated right. If the court does not work, the rights of citizens are depreciated.
What to do with corruption in the courts?
Currently, power is actively conducting a judicial reform - earned negative reputation The highest arbitration court is abolished. But these measures are rather organizational in nature, and we need indigenous changes.
First you need power to hear the voice of the legal public and recognize the presence of this large-scale problem. And not engaged in funny for any understanding person with excuses that "no corruption in courts." It is necessary to cease the practice of nomination to leader arbitration posts that did not show themselves approximate. It is necessary to develop a fundamentally new system of responsibility and accountability of judges.
People of liberal views are considered to believe that Russia needs an "independent" court. Gentlemen, what we have now - and there is an independent court in all its glory. Do you think this is from the presidential administration make hundreds of calls, put on the unfortunate courts and require illegal decisions? I hurry to disappoint you - the reality is more prosaic. In the courts, banal, daily bribery generated by impunity.
With judicial corruption, you can end in a short time in the presence of political will. Power should not be ashamed to recognize the problem - Putin himself recognizes the importance of criticism of power. Ashamed when the problem is chosen when the state apparatus with all its power structures leaves before the task is solved.
Dear readers, we can adhere to different political views. But corruption is our common enemy. Therefore, I appeal to you and representatives of the media with a request - do so that the power heard us.
We do not want corruption to bring the state, we want his recovery to be proud of them.
Corruption in the courts: "The reverse side of the medal"
Kostanov Yuri Artemyevich,
representative Federal Chamber Lawyers of the Russian Federation B.
Constitutional Court of the Russian Federation, Member of the Council of Law
moscow, Chairman of the Presidium of Moscow
board of lawyers "Advocate Partnership", K.Yu.N.
And how I am grateful to what fate brought me today to Rostov-on-Don, and it is probably not necessary to say. As a former prosecutor and the current lawyer, the report or the message of Dmitry Viktorovich Demeshin was attentively listened. I think there are too many people sitting here, who know me well enough, and thanks to which I can not be afraid that anyone will suspect me in a special dislike for the prosecutor's office.
I will not hide me, my speech was very alarmed. You know, not by the fact that it is some kind of antihadvocate orientation, it often happens prosecutor's employees, especially, have enough young, which have not yet managed to put emphasis right. I was alerted that in your department, it seems that the struggle began again for the indicators. God forbid that I was wrong. Last year they attracted so much, this year they attracted so much and so on. This, unfortunately, reminded me of very sad years in the history of our country, when even the competition arranged, where the left trotkists are more, where the right deconists are more, how much should it be planted and so on. This is the first.
Second. Purely Rostov memories. When I worked in the regional prosecutor's office, the prosecutor of the repair district sent us a report, and he was very proud of this report, he analyzed crime, criminal record in his area. Since he had all the criminal record somewhere in 15-20 criminal cases during the year, all this looked, to put it mildly, frivolously. And the prosecutor of the region understood it well, the wise was a man, peppers, if anyone remembers. He said: "What do you think there? 12 - that year, 13 - in this, 14 - there, 11 - there, what can be compared here? What are the indicators? " When you tell us that there were 12 lawyers attracted, now 14, somewhere 13, these are not numbers, these are not statistics, these are a single case. If almost three thousand lawyers in the lawyer in the lawyer is a single case, which do not make any weather. This is the second.
Third that I was alerted again. You understand, for some reason, it seems to me that the prosecutor's office of the region would be more interested in, you don't be offended by what I say "the prosecutor's office should", I worked for a long time in the prosecutor's office in such posts that I allow me to speak, should Be interested in the fact that, as you said, a conspiracy of law enforcement officers with lawyers, it is probably the main thing if you want to deal with corruption. You tell me, please, and what, do you have a sinless judge? And what, the investigators do you also have sinless? And it is not for the prosecutor's office today, throughout the country is, and you do not have, painful some, pathological relations of the prosecutor's office and the investigative committee. Is there a painful point with which you need to start pulling it all. As it is possible, what is happening in the country, when instead of attracting valid criminals, disclose crimes, every day in the press sounds "a criminal case" sounded. " Nobody understands from journalists to excite the case - this is still some small share. And tell me how much they are revealed, these crimes, how much is attracted to justice. And where is the prosecutor's contacts, real contacts with investigators. Yes, you have largely cut supervisory functions towards investigators, but not at all deprived. And the role of the prosecutor's office in the fight against corruption today is extremely high anyway.
Is it really the most important thing here is how much lawyers are to blame for collusion. Well, forgive me if such a conspiracy arises, it means that they are conspicuous. And what are these investigators, judges who sit and are waiting for a lawyer to agree to them? So chase them. Caring for your frames is not our business. I will join what it is already said, of course, not our business to fight corruption in the sense that, they say, someone writes to us, and we do not hold proper checks. We have no authority, we are not an inquiry body, it also needs to be understood.
This is the first few things that I thought I need to say. And then closer to the topic of my speech, as it is indicated in the program. The fact that the courts are corrupt, now only lazy does not say. Dmitry Anatolyevich Medvedev said repeatedly about it. Apparently, he has sufficient information on this. The information that comes to me from Rostov, by the way, testifies that the Rostov judges may someone from them the shadow of their own and afraid, but looking around and see that everything is in order with the shadow, they are with great pleasure, too, something Take there. So, probably, something is not very good here in the judicial community.
Little maybe things that admit. Complex some situations. It seems to me that corruption in the courts, the main part of this corruption lies not only and not so much where it sees the leadership of the judicial community. Here see how changing their attitude towards lawyers deteriorates. They fight corruption, for which a personal acceptance of supervisory complaints in regional, regional courts, in the Supreme Court of the Russian Federation have abolished. You cannot come with a complaint about the reception to a person who has the right to solve these issues, and set out something to him. It reached the fact that the legislator went on this path by changing the procedure for filing supervisory complaints. You do not know at all who considers the complaint primary.
I had a case, by the way, Rostovsky, when the decision to refuse to initiate supervisory proceedings carried out the judge of the Supreme Court, which was the judge-rapporteur in the cassation on the same case. I could not tell him a discretion, because I did not know that he was doing this work, and when he had already received a decree, compared him with the cassation definition of the same court, the case was already done. And again the complaint. I rewrote all to the comma, only the surname of the judge is already different.
Not only does the lawyer can personally pass this complaint, he will even write it well, but when a citizen writes this complaint, not everything he can state on paper. When he came to the reception and, looking into the eyes of a competent judge or deputy chairman regional CourtSomething could still explain what could affect the decision. Today there is nothing of it. And it all brought it all to the fact that once in the city hall of Moscow introduced complaints through one window. They called beautifully, and in fact it is a simple expedition, you can put a box with a click, lowered a piece of paper and everything. There is nothing else there. In the same Supreme Court - you come, I gave the complaint at the reception, and she went further. What's with her, where is she?
It comes to the absolute absurd when I received the signature of Vyacheslav Mikhailovich Lebedev's answer to the supervisory complaint of three lines: they say, "no violations that are inhapping ..." and so on, and the illegal arrest of a person who was arrested for hiding was appealed. And he hid it in a strange way, he appeared to the investigator on the postal agenda, and his investigator into court. And the court arrested him, because he hides. And all this under the authority of the Chairman of the Supreme Court of the Russian Federation of the huge country of Russia was covered, and everything is correct. And to deal with this, while such orders have not been changed, we can not, unfortunately.
What else suggests. In the same series. The actual ban on the appointment of lawyers for judicial positions. To me even somehow addressed one of the lawyers of my college and says: "I need to suspend the status of a lawyer." "What is?" "Yes, you understand, the daughter wants to become a global judge, but she was told until you had a father to a lawyer, then in no case." Negative attitude towards related relations of judges and lawyers.
I remember, of course, you know, a wonderful lawyer in Rostov was, God forbid, if she is now, Alla Makarenko. Her husband was the head of the investigative department of the regional prosecutor's office. And when he, even in Soviet times, all this was, hinted that, they say, it's not quite good, he said that he would not change to the service family relationshipsAnd no one did nothing further, no one continued this topic further. He was so the head of the investigative department, and then the control, and she was a lawyer, it did not bother to work, and in general, what kind of corruption could be said. Boris Filippovich so that he will take a penny, and never in life. This was not, and no one would believe in it.
You can list a lot here, how and why I conclude that the basis of the fight against corruption in its ranks for some reason is seeing to build a super-rest between judges and lawyers. Naively forget the Russian proverb that some animal always will always find. If you want to take a bribe, take it anyway. And no brick walls will help. But even this is probably the most important thing. They completely forget about the other side of all this farm. What is corruption at all? What corruption behavior judges? This is when the judge decides, based on personal gain considerations. And this personal benefit is far from being expressed in a purely ruble calculus. If it is important for the judge to be transferred to a higher court, and in order to earn this attitude, he makes illegal convictions in favor of executive, indictment and so on the authorities, while understanding that the leadership of the regional court to him then react better, That is also personal benefit. If the judge accepts such decisions, based on a variety of preferences, which judges have, including housing, some more encouragement, it is just corruption. And I think that no one for me to object here, if I say that this type of corruption in the courts is distributed if not 100%, then, probably, 90% throughout Russia. This is evidenced by a meager percentage. expressive sentences. This is evidenced by the fact that the courts almost never exclude invalid evidence from criminal cases. If someone has another practice, I will be glad if you share with me. Practically, I repeat, do not exclude. This is evidenced by what they are creating with jury and with protection, which in front of the jury is unarmed due to the position of the judge. Well, and so on, and so on.
This is this corruption worse when the judge becomes the direction of the accusation when the most important principle of justice - adversaries, is the same corruption with which it should be struggling. Make a normal consideration of cases in ships, both criminal and civilian. Because what is done now, justice is really impossible.
I think that we somehow can also fight this: to write complaints, and if we find that the wrong law, which allows the judge to behave this, write complaints in constitutional Court, in the European Court. Now we want to cut all things all things. Thanks to the legislators, they have extremely competent people from a legal point of view. I do not know, it will unwind this, will not burn out, this is another question.
We have such an COP, which is difficult to name in general by law. Because me, for example, in his native then, the state university was taught to the fact that the law is a symbol of stability, unlike the newspaper. So I calculated, in 2009 it was accepted 13 federal laws On making additions and changes in the Code of Criminal Procedure. More than once a month. But this is not the limit, because in 2010 such laws were taken 27. This is more often than 2 times a month. It is impossible to work. If somehow some articles of the law, I knew by heart, but I still wore a code with him in the process, myself somehow controlled, now nothing can not know anything. Because today it is so, the day after tomorrow is completely different. And naturally, with such a leap, the laws of the judge can do whatever with a criminal case. Civil procedural Code No better, there is the same.
Need to see what corruption is in general? Yes, in the discretionary possibilities of the official, in the discretionary possibilities of the judge: wants to do this, wants - like. And if the law it allows him, he does. Most often today he makes contrary to human rights, contrary to the rights of a citizen who is a lawyer represents, but in favor of state and executive powerFirst, and in some major structures, secondly. As far as I managed to notice, such situations are characteristic not only for criminal cases. When a citizen of PO civil Affairs Begins to argue with the municipal authorities or with the state as a whole, most often he loses. If his opponent is more or less solid entityA separate citizen also loses most often. Not always, but more often. It is very bad, it means that the identity of a citizen does not interest anyone in general.
And by the way, the problem is the problem. The same is human rights, and where these rights are not protected, talking about progress in public development, in the economy does not have to. Bad worker one whose rights are not protected. It is natural, starting from slaves Ancient Rome and Greece and ending with serfs in our country, and even closer here, in Soviet times. This is all necessary to somehow overcome. It is said that judges independence is big. I do not know. This independence is actually trampled completely.
I am a little more loaning your time, I want to quote the official position of the Council of the Federal Chamber of Lawyers, this is a quotation from the report of the President of the Federal Chamber of Lawyers at the last All-Russian Congress of Lawyers: "We are talking about the fact that the judicial system, in fact, has entered the vertical of the presidential power. Today, each specific composition of the court can be monitored by one of the parties to the process by either other interested parties. Among the reasons for this are the widest powers granted to the Chairman of the Court. Only the practice of the distribution of cases between the judges, when he has unlimited opportunities so that a particular case falls into a specific judge is a loophole for direct influence on the court not only political or economic, but also criminal structures. The handling of judges is provided by both the authorities of the Chairman of the Court and the entire set of relations exist within the judicial system. Judges, members of the qualifying colleges, it is necessary to have a good relationship with the chairmen of regional courts, in whose subordination they are actually being. Therefore, the result of the examination of disciplinary cases is usually consistent with the will of the leadership. The chairman of the district court is actually accountable to the Regional Chairman. At the same time, he has the authority to initiate the initiation of disciplinary affairs against ordinary judges.
Essentially, the court functions as an ordinary bureaucratic structure, which entails all the shortcomings inherent in departmentality. The negative result of such a structure is that informal decision-making mechanisms are often dominated by formal, reflected in the law. Informal relationships in judges add up, in particular, with officers criminal prosecution authorities. This is especially often happening where the judges have the experience of investigative and operational work in the same area. " Well, so on.
This is the side of the medal to which it is necessary to definitely pay attention very actively. Let me remind you in the old CPC, the previous, totalitarian, among the principles of the process, objectivity and impartiality were mentioned. In the new CPC it is not. In the European Convention there is a requirement for consideration of cases of an impartial court, and in our COP it is not. How can it be? When I now say that all this, they say, not so, in fact, everything looks much better, I can give one example, or even two examples, one is very small: I recently spoke in the Prosecutor General's Office about some kind of obligatory case , completely concrete, these terms were not there, so I was told there: "Listen, you do not understand that now there is no other affairs?".
And the last, they talk about judicial independence when, in Volgograd, the judge deprived the status for the fact that she refused to attend daily meetings from the Chairman of the Court, which were given any instructions on affairs.
I finish, I think that everything that I told today, one way or another is divided by most of my colleagues. Unfortunately, the judicial representatives are not here, legislators who could remember that the laws should be written wisely, either. Well, what to do, a drop stone sharpens. If we don't lay anything today, tomorrow nothing will go. Thank you.
Demeshin Dmitry Viktorovich,
deputy Prosecutor Rostov region.
Of course, pleases that the topic caused interest. I will not half aim with colleagues who appealed after me and commented on my performance. I understand well that my speech caused a negative reaction. What I want to bring to you is officially, because the backbone of the lawyer community of the Rostov region gathered here, we need and we will continue to continue working tightly.
First, we do not give any rights to an error, and first of all, for yourself. As for the oversight of the operational consideration, I can say that only this year 12 documents in the qualification collegium of the Judges of the Rostov region regarding precisely judges I personally signed.
As for the problems that exist in other law enforcement agencies, sorry, we had the topic of "corruption", and I chose the topic "Corruption in the lawyer". Of course, it is spilled out of the general context of the topic of opposition to corruption. Of course, we have problems and law enforcement and they are probably primary. I'm not talking about it, I'm talking about what you are a real "gasket" corruption.
And the most important point on which I think it is necessary to make an emphasis, this is a struggle for the indicators. This is the reproach, which, I think, in the Rostov region is unjust.
I will explain why. Dmitry Petrovich constantly happens on our extended colleges, and will not let me put a colleague from law enforcement, the focus, which we do on each board, incl. And I am supervising for operational and search activities and define, among other managers, policies in the application of criminal procedure legislation in the area of \u200b\u200bthe region that we do not fight for the indicators. We are not satisfied with the hunt for lawyers, nor on investigators or judges. Another question is that we are aiming for each operational accounting case that will start with respect to corruption representatives of any structure must be communicated to the implementation and ultimately before the court.
Rostov region is one of the few regions where the struggle against artificial criminalization is conducted. And first of all, as Henry Markovich spoke about doctors, teachers, about household corruption, with which we fight, so first of all we put the question that it is not where the resources of the entities of the HFA should be used.
And here I want to note that it is the struggle with major officials who are corrupt and from which the main problems goes from us, believe it is quite serious.
There are problems with judges, and with investigators. Many ask me the question: how many prosecutors are attracted to criminal responsibility? I answer: 2 prosecutor is attracted, including, on our initiative.
I want to note that more L.N. Tolstoy said that all the troubles in our country do not occur not from scum, not from the villains, not from corrupt officials. They originate from people indifferent. If you do not pass by those problems that occur in society, and which you are watching if you do not come to us in the prosecutor's office, the FSB, the Investigation Committee, if you do not raise them, then, probably, the fight against corruption will be Declarative character.
Reznik Henry Markovich,
member Public Chamber Russian Federation,
vice President of the Federal Chamber of Lawyers of the Russian Federation,
president of the Law Chamber of Moscow.
I asked literally three minutes, regardless of the speech of Dmitry Viktorovich. I'm not going to engage in mutual bite.
First, I was very pleased to see you on the podium, and I somehow felt that you really have an interest to fight this spoof.
But let's start with what. The bribefiber is a representative of power, these are judges, investigators and prosecutors. But, probably, not all of them are still corrupt, some part of them.
Yes, we recognize that there are those who disgrace the high status of a lawyer in our ranks. I have such a phrase: the bar also has the right to their flaws. But what you now told, I can not pass by this.
You see, there are some canons of law and the canons of the profession. You said the lawyers to come to the prosecutor's office that they should come and talked to the client who came to them and suggested something to someone. You understand that the foundation of the foundations of our profession is a professional mystery. Do you think it can be trapped? And if something did not like the lawyer, maybe some hints of the client, go to the prosecutor's office? It seems to me that you somehow did not think about a slightly phrase or wanted something else to say.
I draw attention to the shock name of my speech: "Corruption as a business and a style of life." As for business, I said. Literally one minute about the style of life. This is the worst. There is a concept of "lifestyle", but in sociology a lifestyle has a clearer definition, it consists of two parts: lifestyle and lifestyle.
Lifeline - this is something objective that takes place in reality given to us in our sensations, as our Material teachers said. This is in nineties. In zero years, corruption from the lifestyle has become the style of life, when to take and giving bribes became unnecessary, and it is simply not condemned by a significant part of people.
Here is one illustration. In the 90s, economists and lawyers were the most popular profession. Accordingly, wild contests were organized to enroll in the economic and legal universities. Now the institutes and faculties of the civil service are broken from applicants. Our children look at Villas and mansions of officials and law enforcement officers, the same prosecutors and investigators, and draw conclusions.
www.advpalataro.ru.
Corruption in the courts of the Russian Federation
President of the Russian Federation
Alexander Nikolayevich Blinova
Hello Vladimir Vladimirovich, I appeal to you as president of the Russian Federation - the guarantor of the Constitution of the Russian Federation, as a qualified lawyer and as a just and decent person and a citizen! Tell me what to do a citizen if the judges do not obey the Constitution of the Russian Federation and Russian laws? To whom to complain about them, who will call them responsibility, how much can people suffer from judicial arbitrariness, ignorance and corruption of ships!? You are the last instance, you appoint them to post!?
Nowadays the world is changing rapidly. An example of this can be used for example and a recent American report on the CIA torture in the prisons secretly posted in Europe. US President Commenting on this report for the whole world, "the strength of America is that she knows how to recognize his mistakes." I think that such a statement deserves both respect and imitation, including from Russia.
I believe that modern Russia, as a legal and democratic state, what you often talk about, the same should have the courage not only to recognize, but also to correct the mistakes admitted by the Russian authorities, including the judicial, which our authorities were not allowed, in In particular regarding me as judges of the Stavropol Regional Court, as for many years I am trying in vain "add" to the Russian authorities.
I believe that a simple citizen of the Russian Federation is almost impossible in the usual way to "reach" to you and the highest Russian leadership in order to bring their position about violations of his rights to them. Appeals of ordinary citizens to you probably simply do not reach. Therefore, I believe that feedback between citizens of the Russian Federation and the Russian authorities, for the citizens of our country, there is simply no, which clearly demonstrates my situation in which I appeal to various human rights organizations, including the highest management of our country in order to protect my disturbed Right, but at best, I receive only some formal unsubsions, instead of real actions to restore my violated rights. As a result, it seems that the Russian authorities for some reason are not interested in protecting the rights of the suggestion of citizens, taxpayers and voters, which is very strange for the state, which on the whole world is positioning itself, as the legal, democratic and seemingly actively protecting the rights of citizens RF, as at least speak in various media.
Moreover, recently in our country is very actively protecting citizens foreign states, for example, a runaway American spy Edward Snowden, former president Azerbaijan, aslan Mutalibov, who left the head of Adjara Aslan Abashidze, overthrown President of Kyrgyzstan Askar Akayev, former President of Ukraine Viktor Yanukovych and his closest entourage, French actor Gerard Depardieu, a huge number of inhabitants of Ukraine, etc. Russia endlessly directs humanitarian convoy to Ukraine, it works for citizens of arriving in Russia from the eastern part of Ukraine, and not much, not much, and about 300 thousand, not counting other Ukrainian citizens, whom several million people in Russia. Maybe this is not bad to help citizens of another state, but when in her own everything is in order. And who will help the citizens of Russia in difficult life situation And being on the verge of survival, such as I, whom, whom his own native state originated for survival long before the Ukrainian events! What to do like me, ask for alms or foreign aid in the same Ukraine to survive in my own country or what to do?
At the same time, I do not understand the action of the Russian authorities selectively protecting the rights as foreign citizensand citizens of their own country. So, for example, the Russian authorities recently defended the rights former judge Khostinsky District Court of Sochi Dmitry Novikov, accused of investigating authorities in a number of serious articles of the Criminal Code of the Russian Federation, and from which all charges were recently removed. That is, in fact, the Russian authorities found the same courage, they recognized and corrected the investigative and judicial mistake in relation to this judge and he, as follows from the recent TV shows A. Karaulov, was even recommended for the position of judge of the Supreme Court of the Russian Federation. But why suddenly such a mercy, who even "sat" in the subordinate FSB of SIZO, was subjected to humiliation and was considered to have committed serious crimes, which many Russian media broadcast. It should probably only guess what served as the basis for the rehabilitation of D. Novikov by the Russian authorities!?
However, in my case, on the part of the Russian authorities, it is not even worth the question of consideration of my appeals by competent instances, although I was the same judge as D. Novikov!? Why is such an electoral approach and contamination in Russia in the protection of foreign citizens' rights, individual citizens The Russian Federation and me, as a citizen of the Russian Federation, after all, before the Constitution of the Russian Federation, everyone is equal or I am very mistaken and the truth, justice and the legality in our country are not for everyone, but only for chosen, for public, or for politicized personalities!? However, in its telemaceraffone 04/16/2015. You talked about the unconditional existence of Russian justice for all its citizens and about its great historical significance and values \u200b\u200bfor citizens of the Russian Federation, so what kind of justice is it, is it in Russia in general, and if there is it all the same for everyone?
But for more than 20 years, for more than 20 years, the judge honestly and conscientiously performed his duties to send justice, and then when he became an unwanted former Chairman of the Stavropol Regional Court Kurchagin A.Yu. Due to the fact that he did not obey his illegal instructions on the submission of court decisions to him, due to the fact that it was generally exposed to corruption, because he won in European Court The case against Russia, and then in relation to me, a criminal case was fabricated and opened on the controversial grounds, during which I was subjected to torture, physical violence was used to me, in every way humiliated me, deprived me earned by me on the legal grounds of the judicial pension (surcharges to wages) and all this lawlessness Russian authorities covered illegal court decisionswhether unscrupiantly left unchanged judicial instances RF. Thus, it was artificially made a criminal for what I did not commit and "stick to me a critic label", so that the authorities of the country express their gratitude to honest and fundamental judges and warrior to internationalists who fought for the well-being of Russia in Afghanistan, how am I!? Otherwise, the situation with me is different and you will not call, as the judge on the disadvantageous authorities of the judge! Already, that, and to plant criminal cases in Russia learned better than to disclose real crimes - these are observations from the personal practical experience of the judge, where about 50% of criminal cases were "spits with white threads", in many of whom I wrote my special Opinions like a judge.
That is, the Russian authorities consciously deprived me of funds for existence, because with a label of the "criminal" I can not get a job - do not take. Currently, I charge a retirement in the amount of 1,500 rubles, as a veteran of hostilities in Afghanistan. However, I could not receive this amount for some time because corrupt bailiffs The arrest on these payments, although according to the law, the appeal of recovery on such payments, the law is prohibited, but the bailiffs on my demands to remove the arrest with this money simply did not react!?
So tell me please, is it possible to live in modern Russia I was illegally convicted man with the endful of the authorities of his fate and the fate of his loved ones and relatives, whom he did not take anything to work, that is, consciously left without a means of existence, when even its legal 1500 rubles I could not receive, and if I received, then it is possible to live on this amount in our country and what to do now, how and for what to live, go to the rally to "Bolotnaya", contact international help To the leadership of other democratic countries, go to the recruits to Ukraine, die with hunger or what should I do !?
Recently, in the "Martov" TV shows "Man and Law", her host was indignant that in relation to one driver a year later resumed a declared test and opened a criminal case against him fact of accident. So this lead found that it is illegal. But why did the same leader left my appeal to him about the fact that in relation to me they resumed the same predetermined inspection on the fact of an accident after five years and illegally opened on this fact regarding me a criminal case, how to understand if Not selective in the protection of the rights of citizens and the registered character of my criminal prosecution !? At the same time, some Russian media, including central TV channels for the whole country, even before the court sentence in relation to me, was broadcast that I am a criminal, creating a negative public opinion around me and thereby putting pressure on the investigation and the court, it means that it is probably a conclusion that the Russian authorities used and the media in the massacre need me as over the unfasteless Russian authorities of the judge!? I think it is time for the authorities to stop using the media, law enforcement and judicial authoritiesAs a tool for violence over dismissal authorities in their own citizens, this is the "Stalinist Receive", probably characterizing our state as a policeman.
Therefore, in the near future, as a protest, against my unlawful criminal prosecution and condemnation of me on a fabricated criminal case by the authorities of the country, against the electoral approach of the authorities in protecting the rights of its own citizens and against the actions of the authorities in Ukraine, I intend to publicly abandon all my awards obtained by me as a veteran of hostilities in Afghanistan, including to refuse and from accrued me 1500 rubles. At the same time, I suppose that justice and legality should be in our country or for all available and the same
pisma-Prezidentu.ru.
Bribes with special status. Judges
Criminal cases against judges in corruption articles are a big rarity in Russia. For example, according to the head of the SCR Alexandra Bastrykina, 727 people who have a special deal were involved in criminal liability. legal status, Of these, judges are only three. We have investigated similar cases that have become the property of the masses, from the beginning of 2008, and still could not even be able to gain a dozen bribe judges.
In part, this trend can be explained by immunity available to judges: in order to arouse the case against the servant of the femis, it is necessary to enlist the sanction of the Qualification College. Some crimes from our list were taken back at the beginning of zero, but law enforcement officers were waiting for the crust of the judiciary.
The bribes of the judges take different, while contenting sometimes non-monetary payment. So, the most "dear" reference judge received four illegal services land plotThree of which sold for 100 million rubles, and closure a list of bribes two essentially penny vouchers in Gelendzhik, who became Mazo for as much as 19 unrealized solutions.
It is curious that corruption in the judicial community, if you believe the data collected by us, the phenomenon is not peculiar federal center. In the lists of bribers among prosecutors, investigators and lawyers, representatives of Moscow and the region have consistently met, but all crimes of judges accounted for only regions.
1) Dmitry Novikov, Judge of the Khostinsky District Court of Sochi Krasnodar Territory, bribe: more than 100 million rubles.
In March 2011, the Investigation Committee opened a case against the former Judge Novikov, who is suspected of obtaining a bribe and exceeding official authority. As the investigators managed to establish, in 2002, Novikov considered the complaint of farmers who later proposed to resolve the issue in their favor in exchange for four land in the village of Esto-Sadok village Krasnaya Polyana.
The head of the farm was forced to agree with the requirements of the judge and transferred to the land-related persons with a total area of \u200b\u200b1.8 hectares. Three of the four sites were later implemented, and the amount made up 101.7 million rubles.
In 2010, by the decision of the Qualification Board of Judges, the authority of Novikov's judge was discontinued, which made it possible to initiate a criminal case against him.
2) Vyacheslav Glaikin, the Magistan litter №76 Voroshilovsky district Volgograd, bribe: 430000 rub.
As the court established, Glakin received 15,000 rubles from one of the residents of Volgograd. In 2006, for the unacciation of his administrative responsibility In the form of deprivation of rights to management vehicle. Later, the judge changed his mind, demanding from the violator as much. When his demands were satisfied, Glaikin issued an unlawful decision on non-adequacy to administrative responsibility due to the expiration of the limitation period.
In addition, the Judge Gleikin has been manufactured by issuing fake licenses for subsoil use. One of these received Agp-Technology LLC, which was led by a familiar judge. For the amount of 400,000 rubles. The company was allegedly issued permission for the extraction and exploration of construction sand in the Gorodishchensky career of the Volgograd region. In fact, this document was discharged in the name of another organization.
But on this list of Glaikin crimes does not end. The judge was registered as a candidate for deputies of the Volgograd City Duma, and in order to reconcile his election campaign, he took 2 million rubles from a local entrepreneur., "Forgetting", then return them. Also Gleikin violated the procedure for financing the election campaign, using the money attracted and unaccounted at a special electoral account of 3 million rubles.
By the aggregate of these episodes, the judge was sentenced to 8.5 years of the colony strict regime. With the court decision, Glakin did not agree, but at the end of 2010, the cassation instance confirmed this sentence.
3) Olga Levchenko, judge of the Arbitration Court of the Kemerovo Region, bribe: 200000 rubles.
Levchenko was detained by operatives in January 2008. Upon receipt of half of the extorted bribe. The judge received money from the representative of the plaintiff, which was misleading the relative one that could make a decision in his favor in appeals instance. Levchenko was incriminated to the attempt on fraud, and by the court sentence she received two years conditionally.
4) Igor Chernobay, the judge of the Soviet District Court of Volgograd, a bribe: $ 5,000.
Citizen Czeshev was victims one of the cases, which led Igor Chernobay. Czech, according to the law, relied material compensation from the convict for the fraud of the criminal. However, Chernobay demanded that the implementation of this right bribe in the amount of $ 5,000. In confirmation of the threat of a judge, an unlawful definition of the termination of enforcement proceedings was delivered, as a result of which the arrested property of the defendant was removed from trading. In 2007, Chernobay was detained. At his own request, the case was considered by the court of jury. As a result, the judge received 4 years 3 months - the truth is conditionally.
5) Igor Alosov, Judge of the Voroshilovsky District Court of Rostov-on-Don, bribe 100,000 rubles.
Judge Igor Alosov led a civil case on the right of ownership of illegally erected buildings. The woman who spent the plaintiff found out from his representative that the judge was ready to make a decision in her favor with a monetary motivation of 100,000 rubles. After conveying the advantage of the advance, she appealed to the FSB, whose employees detained a judge when receiving a second tranche bribe.
Anosov immediately wrote a resignation statement that was adopted. Its business is currently continuing to be considered, the course of the investigation is on control in the central office of the Investigative Committee.
6) Sergey Getmannov, Federal Judge of the Borovichsky City Court of the Novgorod region, bribe: 23,000 rubles.
In 2007, a resident of Borovichi violated the rules road And was deprived driver's license for 20 months. Trying to appeal this decision, he met the judge Hetmann, who was ready to help in making the right decision for 3000 rubles., Which was done. However, later, the judge said that in the traffic police intend to appeal against the ruling, and the amount of sputter from traffic cops is 20,000 rubles. Upon receipt of the Advance Getmannov, the FSB officers detained.
The judicial immunity of the suspect for more than a year was an obstacle to the initiation of a criminal case. Only at the end of 2008, the qualification board of the judges of the Novgorod region gave its consent to the Investigation Committee. Hetmans was convicted for five years conditionally. In addition, the judge was imposed a fine of 300,000 rubles.
7) Alla Ilyina, Deputy Chairman of the Leninsky District Court of Tyumen, bribe: 2 Turputevki in Gelendzhik.
As established by the investigation, in 2003 Alla Ilyina carried out 19 unrevious decisions on the claims to the Tyumen administration. All these statements concerned affection for citizens the right to use the municipal housing with the possibility of subsequent privatization. Claims were falsified by the head of the sector legal work Committee on housing administration of Tyumen Elena Dmitrieva and its subordinates.
Dmitriev paid off with Ilyina two tourist tickets in the Pension Pension "Côte d'Azure" (Kabardinka village, Gelendzhik).
The criminal case against the judge was initiated in 2007 by the Chairman of the Investigative Committee at the Prosecutor's Office of the Russian Federation Alexander Bastrykin. The court recognized Ilyina the guilty and sentenced it to 5 years of the colony of the general regime. Disagreeing with this decision, the ex-judge filed an appeal, but the Supreme Court of the Russian Federation rejected it.