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Friday, August 18, 2017

“The government should constrain itself”


What do you think is harder to write — the detective… or the Constitution? Knows Professor Ilya shablinsky. It is a little-known writer (under his own name is rarely printed), but perhaps one of the most prominent human rights defenders and experts in constitutional law.

At the time, sablinski participated in the creation of a master document, you and guaranteeing rights and freedoms. The long years of service to the state (he worked in the Supreme Council of the RSFSR, the Council of Federation of the Russian Federation, etc.), it was diluted with writing stories and novels. And when something in the country has become quite “not so,” went head first into science or threw themselves in the pool in public activities. “Why do people do all this? — asks sablinski and itself responds: — I Think, simply because of their temperament.

And maybe it’s not just him, but in the heightened sense of justice?

All this — our conversation with Ilya SHABLINSKI on the eve of his 55th anniversary.

Photo: facebook@Ilya shablinsky

— Ilya Georgievich, you were one of those who wrote the present Constitution. How did this happen?

— My friend Oleg Rumyantsev (member of the Supreme Soviet of the RSFSR. — E. M.) was Secretary of the Constitutional Commission and was attracted to the writing of the Constitution of scientists, lawyers, foreign experts, public figures. So he called me. To be in the Commission was very honorable. I was then 30 years old, and I was probably the youngest. Then I got into the Constitutional Council and finally to the Commission on the revision of the draft Constitution. Some of my ideas were even implemented to be proud of — for example, one purely technical: I offered to number of each article is made.

Years of work on the draft Constitution was financially difficult: everything disappeared from the shops, wages became smaller. I came from the world Academy of Sciences, which was then just poor in the world associated with Supreme authority, ensured much better. Remember how I phoned my wife and said, “you Have there should be on the ground floor balls give!”. And, breaking away from the constitutional issues, had to run for eggs. (Laughs.)

— A lot of debate in the discussion of the project?

— In principle, everything was calm. Present or Boris Yeltsin or Khasbulatov. Remember, Khasbulatov frequently lit his pipe at the end. He wanted the upper house called the Senate: “It sounds beautiful!”.

Then there is a split in our leaders. Yeltsin was for a new Constitution, knew what she needed. And Khasbulatov we first heard that all these ideas (related to the new Constitution. — E. M.) — all alien it imposed on us by the West. He voiced the thought that was in the depths of consciousness functionaries, in the thick of the masses. For 50 years, with a 30‑ies of XX century, people were taught that our country is surrounded by enemies who must be resisted, and the main enemies in the West. For the Russian Empire, it was unthinkable question, because the emperors always felt part of Western elites.

But the idea of enemies kept the Stalinist regime. And see how it is tenacious! Some members of the current government are now trying to exploit it, suggesting: there’s us and there they are, enemies. It’s a very very dangerous idea.

— Many were among the participants in the creation of the new Constitution, people from the KGB?

— Unless someone could tell?! But about Ivan Fedoseyev, who, incidentally, was the Secretary of the Constitutional Commission, we knew exactly, he did not hide this. I remember he said to me: “still, the state flag did not have to change for tricolor. Should have left the red-blue”. And at the same time, he did not support the putsch, said: “They clearly broke the law”. I then first realized the KGB, there are people with different views that the organization itself is not a monolith.

— That crept into the Constitution, what are you sorry for now?

— I must say that our Constitution is very good the result is, there is a well formulated of freedom. I would have kept it as is. If now will be to come up with a new Constitution, it will be worse and is likely to justify a derogation from these freedoms.

In our version of the draft Constitution was a good norm: the Federation Council members are elected, not appointed. It was removed. But there is clearly a ridiculous rule that if the state Duma thrice rejects the candidacy of the President as head of government, he dissolves the Duma and appoints whom he will.

— Who invented it?

— In The Presidential Administration. And came up with it after the constitutional meeting. Remember what the controversy was about the fact that only the President determines the main provisions of domestic and foreign policy. Some of them said, well, can not in a democratic government by one person to determine this. But they said the head of the legal Department of the presidential Administration. The PA was the final word. Generally, the draft Constitution was already modified, especially in the presidential Administration. A lot has changed behind the scenes in October and November 1993.

— Why did you let this happen?

— Remember what happened then. Just seething battle, and the party that won, determined by the conditions.

A premonition of just such a turn of Affairs I had, even when the first blood was shed at the demonstration in may 1993, organized by the Communists. The street got 10-15 thousand. The Moscow city government decided to put police protection from the riot police. And here the demonstrators regrouped, pushed yourself ahead of the convoy of 500 people, who rushed to the shields of police. There was the most terrible street battle in the history of Moscow from 1905. No shots were fired. It was a melee. One of the demonstrators sat down in the truck and hit a policeman. Remember, we were sitting in the office one big head. He said he got a call. He hung up and said, “this guy Died-the policeman”. And he added, showing up on the 5th floor where the office was Khasbulatov: “I Have a feeling that there is already prepared for civil war. And she seems to be inevitable.” At that moment his words seemed so prophetic that there was a silence. And yet until recently I had hoped then that they will agree with civil society, as it was in the Czech Republic, Poland and Hungary. But the leaders of our country were, though older men, but inexperienced politicians. They definitely need the enemy to knock him down, if not kill, then put a foot on his chest. It was new for me, the truth. But now, the ability to compromise and negotiate — not a strong side of our government.

On 26 March, when the March was proof?

Yes. This is the legacy of the same mindset: “no compromise, dialogue, or we, or they.” Because there was not a single word about the March on state television. But you look out on the street are young, and it is clear that the information war for the youth the current political elite loses. Young people understand hypocrisy. She was with me at the lectures argues, thinks of me as a conservative.

The detainees on the March rightly believe that to go out — of their constitutional right. But any, even the best, the power of the Constitution itself can not be observed. It should constrain itself, but this, alas, is not happening. The power goes as it sees fit, and her opponents did not have enough strength to object.

— You have worked in the Federation Council, the CEC, and then left the civil service. Understand that the detectives writing more interesting?

— You can say so. I went into work, has published three books. But then human rights activists Mikhail Fedotov, Lyudmila Alexeyeva and I was asked to be part of the HRC. Remember how he went to Mordovia on the complaint of the condemned participants of Pussy Riot Nadezhda Tolokonnikova. She talked about the fact that in the colony there is no soul, women are beaten, forced to work in intolerable conditions — one prisoner froze his fingers, she then amputated. Many terrible. We arrived, I chose the right girl that I gave a honest interview without fear of being later punished by the administration. And I was able to confirm everything in the complaint Tolokonnikova. The head of the colony was removed later, but Tolokonnikova and her companion Maria Alekhina were granted Amnesty.

Errands, a public inquiry which was carried out made on you the greatest impression?

— Put on six months in jail my colleague, Professor, doctor of political Sciences Michael Savva. Local management of FSB it is not loved. And maybe that’s why a completely delusional fraud: if the Professor has assigned 300 thousand rubles. The money was allocated as a grant by the Krasnodar Krai administration to conduct sociological research. Sawa conducted a study — there are thousands of completed questionnaires, the conclusion, even received a commendation from the administration. The investigator tried to persuade Savoy to confess to espionage and promised “only two years” behind active repentance. Distribution list they have? More spies to catch? After our intervention, Sava, of course, not justified, but first released under recognizance not to leave, and then sentenced to 3 years probation. Consider whether this our victory? I don’t know…

Another absurd thing — the trial of ecologist, the head of the Adygeya branch of the all-Russian society of nature protection (VOOP) Valery BRENHAM. He is charged under article 282 of the criminal code in the humiliation of a group of persons on grounds of nationality for publishing an article about… a pig! The article was recognized by the court as extremist. Brinich wrote about the fact that instead of storing in the storage and disinfection of manure is drained into rivers and taken to the fields. In an article titled “silence of the lambs” he admonished his fellow-Adygei for silent obedience. Reminded that the pig is considered an unclean animal for Muslims. The theme seemed harmless, but there was a criminal case!

Even witnesses for the prosecution, residents of neighboring villages, refused to admit that article. After a letter of the HRC to the procuracy in the work of the court was adjourned. It lasts from August 2016 until now.

One of the last cases was connected with the beating of the publisher of “MK in Kursk” Dennis Shikina. I think they wanted to get, he touched the local police Department, got it. I’m sure he took revenge. We intervened, and the pressure on Shikina stopped. It was a diplomatic job. Her sense of satisfaction. But such cases are rare.

— You as a member of the HRC, much has been achieved during this time.

That’s not much. But I’m glad the President has responded to my story about how to beat observers in the election, and changes were made to the law now can be removed only by court order. I’m glad I managed to prevent the felling of green forest in Petrozavodsk.

I am very concerned about two items today. First, that the business was in a depressed position. Secondly, the situation with the media. The state controls 90 percent of them and makes to present information in a favorable light. Free Newspapers are almost gone, the corridor narrowed — imagine how hard it is to “MK”. It’s bad. It is bad for society.

source

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