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What Court Judges?..

What Court Judges?..
14.09.2010

Officials calling citizens to live "following the law" interpret this very law somehow differently, orlovets writes (orlovets).

Chief of Central Internal Affairs Directorate of Moscow Kolokoltsev distinguished himself after Putin.

"Chief of Central Internal Affairs Directorate of Moscow V.Kolokoltsev declared to the journalists that it's necessary to tighten responsibility for carrying out of meetings in Moscow not agreed with authorities considerably. At that V.Kolokoltsev proposed to use experience of some European countries having made reference to the fact that bit penalty and even imprisonment threatens there for non-sanctioned actions. "If to take France - up to 3 years of imprisonment and penalty up to 45 thousand Euro, how could we react using only methods of persuation?" - V.Kolokoltsev said".

Let's find French Criminal Code (in comparison with Russia they don't have AVC and such mess which is called in Russia process on cases concerning administrative offences). In the chapter "crimes against public order" we can find the only article which suits the meaning - art. 431-1: "Le fait d'entraver, d'une manière concertée et à l'aide de coups, violences, voies de fait, destructions ou dégradations au sens du présent code, l'exercice d'une des libertés (la liberté d'expression, du travail, d'association, de réunion ou de manifestation) visées à l'alinéa précédent est puni de trois ans d'emprisonnement et de 45000 euros d'amende".

In Russian it sounds as follows: "Interfering with carrying out of these freedoms (i.e. freedom of expression of opinion, freedom of associations. Meetings and manifestations) deliberately organized with usage of blows, violence, violent behaviour, inflicting damages is punished by imprisonment for the period up to 3 years and the penalty up to 45000 Euro".

Thus the article which Kolokoltsev made reference to is directed actually on protection of rights of citizens on freedom of gatherings and against those officials and policemen who interfere with realization of this right following preliminary agreement or with application of force. In other words against such persons as colonel Zdorenko or "pearl warrant officer".

Kolokoltsev hasnn't understood French laws. Though it's possible to agree with him in one thing: our law-appliers are softer and more human than the French ones. It's enough simply to scold a bit warrant officer from Petersburg who hit a man with a baton over the head. It's possible to justify militia men who apply excessive violence in connection to peaceful participants of public actions having made reference to the heaviness and nervousness of their work. Systematic interference with public actions in the center of Moscow is possible not to notice at all.

There's an article in the Russian Criminal Code which almost totally coincide with the French one in the part of possible punishment: art. 149 of the Criminal Code of RF established criminal responsibility in the form of imprisonment to the term up to 3 years and penalty up to 300 000 roubles for "interference with carrying out of meetings, gatherings, demonstrations, marches, picketing or participation in them". Only there were no cases of application of that article in Russia. 

- Perfect, - Denis Bilunov writes in his LJ. - I will add from myself that claims to the House of Public Prosecutor under the art. 149 were not once sent from Lev Ponomarev which at the present moment is in prison. None criminal cases were opened over such claims. Here you are, by the way, piquant detail: today Ponomarev should have been meet Obama's counsellor Michael McFaul who is busy in particular with management over commission on civil society together with Mr. Surkov...

 


From editorial board: Let's note that reference to the French law ostensibly toughly punishing non-sanctioned meetings "has been worked out" by a lot of people considered up to the present respectable. Not talking about different members of "Nashi" but these ones are more engaged in the sphere of phytosanitary service. Today it's clear that different people can't just "casually" find reference to the French norm stipulating 3 years of imprisonment or 45 thousand euro penalty having looking through the French Criminal Code before going to sleep. That is somebody "leaked" them certain ready-made text with assignment to sound it at own discretion.

At large that is the difference between simple PR-managers and the Kremlin PR-managers. If the first never set up the client as it deprives them of "nutritive base", the second set up people right and left as their nutritive base doesn't depend on these people.

People sucking off in administration of domestic policy are strongly recommended to do it selectively not to swallow some rat poison.

 

А.B.

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