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Wednesday, November 15, 2017

Public manners are softened after judicial practice


News showing the humanization of the judicial practice in Russia, come with unprecedented frequency. It clearly is a large and consistent trend in public policy. And this, in turn, leads to visible changes in the state of Russian society and social mores.

In 2016, Russia’s Supreme court overturned the 36 sentences because of violations that were identified by the European court of human rights. According to the head of court Vyacheslav Lebedev, the main claims of the Strasbourg court related to the violation of reasonable terms of consideration of Affairs and a violation of the right to a fair trial.

“Like most socio-political trends, the current distinct trend on the humanization of the judicial system is set from above, from Moscow”

This news is curious from two circumstances.

First, it reflects an important aspect of Russia’s relations with the ECHR.

As you know, a little over a year ago, in December 2015, was adopted a law according to which the constitutional court can make decisions about ignoring the resolutions of the ECHR in the case of their discrepancy with the Constitution of Russia. At the moment there are two such solutions: the case of voting in elections, and convicted in the Yukos case. With considerable probability the third such case may be the decision of the ECHR on the “law of Dima Yakovlev”.

A fresh statement by the head of the Supreme court demonstrates that Russia is not prone to mindless confrontation with the Strasbourg court, and it is ready for constructive cooperation. Including by recognizing their own problems and flaws in the judicial sphere (but not at the expense of concessions on its sovereignty).

Secondly-and this is even more significant is the news of the cancellation of the verdicts of the Supreme court lies in a very important and increasingly evident political trend.

In fact, Russia embarked on a consistent humanization of the judicial system (and penal system), and it is as on legislation and law enforcement practice.

Here are just some of the news lately.

The Presidium of the Supreme court overturned the verdict, Ildar Dadina, who was the first in Russia, was convicted of repeated violations of the rules of holding rallies, and decided to release the Dading from the colony and to recognize his right to rehabilitation.

Moreover, the head of the Supreme court, after the Commissioner for human rights Tatyana Moskalkova, advocated the decriminalization of articles on which he was convicted Dading.

The Supreme court ordered the Presidium of the Kurgan regional court to review the case kindergartener Eugenia Chudnovets, convicted repost in social networks the video of the abuse of a child. The initiator of the decision made by the General Prosecutor’s office.

Another recent very loud and caused a heated public discussion event was the decriminalisation of the first case of the family beating.

As for the state policy towards the decriminalization of several economic crimes, it is no longer a secret and is consistently implemented.

Inconspicuous to the public, but it is extremely important for the entire national judicial system has become another recent Supreme court decision, which banned to be convicted only on the basis of guilty pleas of the defendants.

The problem is extremely low proportion of the number of acquittals in Russian courts is still extremely sharp, but sharp increase in the number of such preventive measures as house arrest and bail.

Like most socio-political trends that present a clear trend on the humanization of the judicial system is set from above, from Moscow. That is why the initiators of the current events are the highest Federal court – the General Prosecutor’s office, Supreme court, etc. It fully corresponds to the Russian historical tradition, when the capital of the sets, the tone and practice.

Over the previous decades (if not centuries) of the Russian law enforcement and judicial system used to gravitate to the tough decisions and “accusatory” bias in its activities. Recent years have witnessed consistent efforts to break this historical trend. But in recent months it has become so obvious that to ignore it is simply impossible.

These efforts cause a contradictory attitude in the Russian society. The same law on the decriminalization of family beatings provoked protests from citizens.

In fact, however, in public opinion and public behavior are observed the same trends in public policy. For example, even without the factor of decriminalization in Russia there is a decline in the crime rate, which is especially indicative of serious and very serious (in 2016, the decrease amounted to 10 percent and 15 percent, respectively). And the polls a serious decline in Russia the number of supporters of the restoration of the death penalty in the country.

In the aggregate we can say that public policies pertaining to the humanization of law enforcement, judicial and penitentiary systems is accompanied by a corresponding mitigation of social mores in the country.

source

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