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Monday, March 19, 2018

In the collection of criminal cases against Navalny may be a new “diamond”

August 10, we get further proof that the eve of the presidential election nervous the Russian government prefers to keep the powder dry. Frightening the bird and Bush is afraid neither of which has become the legal embodiment of the arbitrariness of the repressive laws adopted in the last 5 years, mitigated or will not be cancelled.

Ildar Dading, the only convicted under article 212.1, and he’s rehabilitated. Photo: openrussia.org.

The proof is the fate of the so-called “Dudinsky” articles of the Criminal code under the number 212.1, which allows for any, even the most foolish of repeated (more than three times in six months) violation of order of organizing or holding street actions to put for the term up to 5 years.

The article appeared in the UK in the summer of 2014 in the state Duma “for” voted only the faction “United Russia”. Ildar Dading — the first and only on this article convicted. From the colony a hard-nosed activist, sentenced in 2015 to 2.5 years in prison, appealed to the constitutional court. 10 Feb 2017 the announced its verdict: the article does not contradict the Constitution, but the Dading on it to put it was impossible (he was released, completely rehabilitated).

First, said the constitutional court cannot initiate criminal proceedings, if multiple violations of the rules of holding street actions didn’t hurt nichemu health, property, the environment, “public order, public security or otherwise protected constitutional values.” And indeed, the citizens (you’d be surprised) have the right to peaceful protest.

Second, said the constitutional court, it is impossible to prosecute people against whom has not yet entered into legal force of the decision on administrative penalties.

Finally, you can’t put a man behind bars, enough more lenient sentence, if multiple violations are not turned peaceful action, even if inconsistent, to non-peaceful or “not harmed”.

All these “impossible” was evident in the case of Dading. But judges and investigators were not ignorant: they are like bugs are the result of literal reading of shameless admitting numerous interpretations of article 212.1.

The COP, as did many times on other occasions, he could prescribe to bring the penal code into conformity with its court interpretation. But the judges just gently said that “the Federal legislator is competent” to do so. That is, if you wish, you may leave it as is.

It remains “as is”. By 10 August had expired six months allotted by law to the government for performance requires changes of legislation decisions of the COP. “At the moment in the state Duma for consideration, nothing has been received,” confirmed “MK” obvious head of the Duma Committee on state construction and the legislation Pavel Krasheninnikov (United Russia). He added: “We will wait for explanations from the government. If it is still going to rule this article when, and if not, why not”.

The information that a bill on a theme interesting us was prepared by the Ministry of justice (this institution was entrusted in the spring to study the possibility of amending the criminal code in accordance with the COP decision), no.

Meanwhile, the statistics of the Judicial Department of the Supreme court States that in 2016, “Dudinsky article” is not pronounced any verdict. Statistics for the first half of 2017 yet. And at the time of announcement of the decision of the COP in country investigators opened at 212.1 at least 3 cases: against Vladimir ionov, Irina Kalmykova and Mark Halperin. Ions and Kalmykov, without waiting for sentencing, fled abroad: first received asylum in Ukraine and the second in Lithuania. Mark Halperin sits under house arrest, but on charges of incitement to extremist activities. Kalmykov and Ionova, Russian authorities declared wanted. Closed these three cases or not, is unclear. The claims of activists awaiting consideration in the European court of human rights.

The head of the International human rights group “Agora” lawyer Pavel Chikov, in conversation with “MK” described the situation this way: “Now the article of the Criminal code is sleeping, and though at risk many things are not excited because until a political solution.”

At risk do many. After mass nationwide protests on March 26 and June 12, 2017 administrative penalties for any unauthorized “sneeze” on the street courts with the filing of law enforcement, we can say, stamp packs. Alexei Navalny, for example, for 4 months — two arrests and one fine of 300 thousand rubles for a “campaign volunteer”. The latest verdict has not yet entered, but enter is one more administrative punishment for 2 months and can be “excited”. If you want, of course…

In General, “Dudinsky” article of the criminal code remains outdated model with a loaded shotgun hanging on the wall. Just in case. Waiting for “political decisions” it is not currently firing, but one of its kind, sends ardent greetings to the Russians from the government, advising them to sit quietly, obediently silent and not stick out.

The Bulk Business. Chronicle of events

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