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Organization of Referendum in Russia Will Be Recognized A Crime
Yury Mukhin 22.02.2011
Tomorrow, on February, 22nd at 10-20 in a hall 5038 (entrance 5) the Supreme Court of the Russian Federation will consider a complaint on the decision of Moscow City Court on termination of activity of initiative group on organization of carrying out of referendum - the Army People's Will. The Supreme Court left for this purpose whole 20 minutes.
The question is prosaic as determination of the Kremlin mode to remove from political arena all political forces, except built in and impotent ones is clear. Now it's a turn of the Movement against Illegal Immigration, so, apparently, there's nothing interesting - usual everyday work of fascist mode. Besides, North Africa with Near East hurries up.
However there are also remarkable features. In particular.
I will remind that there has been none referendum held in Russia for last 14 years though since 1993 the law on referendum has been changed towards difficulty of initiation of referendum from the side of citizens of Russia thrice. While tomorrow the Supreme Court should announce the judgment recognizing organization of referendum criminal extremism. In fact it's nevertheless a change of Bases of the constitutional system of Russia by judicial authority, it's not huhry-muhry.
What else will be unusual?
Before the Army of People's Will organizations in the court were represented by their heads, at times the court on recognition of organizations extremist was carried out without them. In our case almost half if soldiers of the Army of People's Will managed to submit an appeal on the decision of the Moscow City Court, these complaints made separate - the third volume - case. The Supreme Court is going to consider all of them, having allocated for this purpose as it's told above whole 20 minutes.
Anyway similar behavior of the forbidden organization is unusual to judiciary practice.
As to violation of justice by the Moscow City Court which the Supreme Court should consecrate then, everything here is as all in Russia. Just few examples.
The public prosecutor of Moscow J.Semin accused the Army of People's Will that by means of referendum it prepares carrying out of the following crimes:
1) to change violently bases of the constitutional system (art. 278 of the criminal code of the Russian Federation);
2) to break integrity of the Russian Federation (art. 279 of the criminal code of the Russian Federation);
3) to prevent lawful activity of state structures (art. 141 of the criminal code of the Russian Federation).
By the way, we were preparing ourselves for that very subject of the claim, we considered that very disputes in the Moscow City Court.
But the judge of the Moscow City Court M.Kazakov decided that such charge by Public prosecutor of Moscow is illiterate, therefore he himself secretly accused the Army of People's Will and recognized it guilty in civil process of the following things:
1) violent change of bases of the constitutional system (art. 278 of the criminal code of the Russian Federation) - it's the only thing that remains from the subject of the claim declared by the claimant;
2) public justification of terrorism and other terrorist activity (art. 205.2 of the criminal code of the Russian Federation);
3) excitation of social break connected with violence or appeals to violence (art. 282 of the criminal code of the Russian Federation).
Besides, Kazakov recognized trespass in the form of mass distribution and manufacturing "for the purpose of mass distribution of extremist materials" (art. 20.29 of AVC of the Russian Federation) as the target of the Army of People's Will - public prosecutor didn't declare such subject of the claim, accordingly, such dispute wasn't considered in the court.
That is, the judge of the Moscow City Court M.Kazakov considered not the claim of the public prosecutor Semin to the Army of People's Will but he considered own claims to the party secretly from the parties. The Supreme Court also should enlighten this open transfer of the Russian judges to work as assistants to the public prosecutors.
By the way, being then in the Moscow City Court we tried to ask representatives of the public prosecutor, what bases of constitutional system the Army of People's Will attempts? In representation of the public prosecutors bases of the constitutional system is something very good which the Army of People's Will wants to take away by means of referendum .... When we explained that bases of the constitutional system is stated in 16 first articles of the Constitution of Russia (it was revelation for the Office of Public Prosecutor of Moscow) and suggested to explain which of those articles we attempt, neither public prosecutors, nor judge Kazakov think it up. So the Supreme Court should enlighten also judicial decision which stopped activity of the organization for its criminal encroachment on something good and sometimes even useful though justice of Russia doesn't know what it is.
Therefore, though proceeding in the Supreme Court is a prose but, nevertheless, not without creative finds, so to say, of justice of Russia.
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