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They Will Allow to Beat Deputies and to Jolt Them the Drugs

They Will Allow to Beat Deputies and to Jolt Them the Drugs
11.06.2008

The Supreme Court of the Russian Federation initiated to deprive senators, deputies, judges and other persons possessing special status of immunity, agency RIA News transfers referring to chairman of the Supreme Court Vyacheslav Lebedev. According to Lebedev, the stage of brining of indictment about presence of corpus delicti in the actions of a person with special status which precedes initiation of a criminal case is "far-fetched".

According to the current legislation, criminal case in relation to the senator, deputy or judge can be initiated only after the court draws a conclusion about presence of corpus delicti. Lebedev declared that "this stage should be in general excluded from our criminal trial and there shouldn't be anything instead", "Interfax" informs.

According to chairman of the Supreme Court, a question on exception from the Criminal Procedure Code of an article obliging law enforcement bodies to address in courts prior to the beginning of official investigation in relation to "special objects" will be brought up at plenum of the Supreme Court on the nearest Tuesday.

Chapter of the Supreme Court considers it to be more correct to return to the norm existing till 2002 when the sanction to initiation of criminal case in the relation to special objects was given by professional communities to which they belonged.

"If plenary session in the State Dumas agrees to attraction (one of its deputies - "Gazeta.ru") to responsibility - work, investigative authorities. If no - means no", - Lebedev explained the mechanism of work of the old norm. As he said, similar procedure works now, in particular, in qualifying of the bench. "I have firmly come to belief that this stage is one of the brakes, barrier to access of justice. Justice should be operative", - chapter of the Supreme Court declared.

In the interview to Gazeta.ru the deputy of the State Duma from the Communist Party of the Russian Federation Vadim Solovjev considered the initiative of chairman of the Supreme Court directed against opposition. "Now this tendency of easing of immunity is already clearly seen. In my opinion, every such attempt is directed on undermining of positions of opposition", - he declared. Solovjev reminded that immunity for parliamentary opposition is - a guarantee of realization of the deputy powers without a backward glance on authority.

"If to start working in this direction now, it will bring activity of opposition to zero. I think, to begin with Lebedev should refuse from immunity for judges. We'll see, how they will work and how they will cry in three - four months. The life of opposition is one thousand times heavier, than of the judges", - Solovjev considers.

Members of Council of Federation and deputies of the State Duma, deputies of regional legislative assemblies, deputies of representative bodies of local self-management, elective officials of institutions of local government, judges (including the Constitutional Court of the Russian Federation), juries and arbitration assessors in the period of execution of powers belong to a number of people allocated a special legal status complicating their attraction to the criminal liability. The president of the Russian Federation who lost his powers, candidates in presidents of the Russian Federation, chairman of Audit Chamber of the Russian Federation, his assistants and auditors, representative under human rights in the Russian Federation, public prosecutors, inspectors, lawyers, members of the elective commissions and commissions of a referendum with the right of a casting vote have special status.

- I should agree with Vadim Solovjev, - editor-in-chief of FORUM.msk Anatoly Baranov considers. - Any restriction of immunity - is first of all an impact on opposition. Certainly, the deputy or the judge can appear tyrant or murderer and there were such cases. However, the society agrees on this small, in general, risk to provide representatives in authority true independence. What independence, we shall admit, of opposition we are talking about, if it will be possible to jolt the drugs to the deputy's car and to send him into "a monkey house" so that he could think over the destiny of this or that bill? I am confident, that progovernmental mass-media will result a set of convincing examples how unfair "elects" used their immunity in mercenary and other unseemly purposes. They will never recollect cases when the authority put the dirtiest pressure upon oppositional figures, upon representatives of the public organizations not protected by immunity.

 

"My assistant Dmitry Cherny has just been arrested in Kiev, - Anatoly Baranov reminded. - A phrase "You are nobody here!" was a refrain in his dialogue with Kiev cops. But there are 145 million citizens in Russia who are - nobody, disfranchisement is distributed to all and everyone in our country. The chapter of legislature in Krasnodar was arrested with use of force directly at his working place, they didn't care a pence for his immunity. I was personally arrested during election campaign in the center of Moscow by cops though they were perfectly aware according to the application for meeting that for that moment I could not be arrested for administrative infringement. But they didn't care a least. The most curious is that the phrase: "You are nothing here" I heard also when I tried by phone from Northern Caucasus to contact Kiev to understand situation with arrest of Cherny. I felt as if I called home. Meanwhile mass-media nevertheless mean something in Kiev and the problem though hardly anyhow was solved - by the way, it never came to them in the Supreme Rada to discuss a theme of immunity. In Russia - it can be done without ceremony. Though to be wise one should not reduce but to expand a circle of persons possessing some degree of immunity, for example, professional journalists - I am not talking about immunity from criminal prosecution but at least it's necessary to forbid administrative arrest of a person with a press card. The more that, say, the cards of governmental "The Russian Newspaper" guarantee from such incidents, so it is necessary that all use such protection, not only the ones approached to kissing asses of the supreme officials, but all - at least members of the Union of Journalists. While now to show the card with inscription "press" in a situation of the conflict with "services" in Russia is a guarantee of getting "into face", our law-enforcement bodies do not constrain themselves in showing their emotions. I treat the press card as compromising evidence and don't take it to unpleasant places so that it won't be found at a search - and it's a famous FORUM.msk and what could be, for example, if someone decides at the arrest on meeting "a card" with inscription "Каsparov.ru" or "Limonka"?


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