Rus News Journal

Lawyer practice of week

the Today`s review is half devoted pre-election subjects. From it you can learn that the lawyer selective association first in the history of modern Russia was refused in reception of the subscription lists. Representatives of the Central election committee explain happened slowness of unsophisticated lawyers in the politician. Lawyers - unconscientiousness and bureaucratism of members of the Central Electoral Commission. Will judge opponents the Supreme court of Russia. So, the subscription lists lawyers to hand over could not yet. But by means of the lawyer of it the former chairman Roskompechati has actually achieved. One of Moscow suburbs election committees has refused to it registration by the candidate, having referred that, having handed over the subscription lists, it then took away them for renewal. However the lawyer, appealed against this decision in court, has achieved a recognition of that fact that the law forbidding to its principal to renew the signature rejected by electoral committee, for the present it is not written. Besides, in the review it is presented two reports on criminal cases. One of them loud enough - thanks to the person accused. eks - the captain of KGB who in due time convicted of sympathies for dissidents and have stayed for it long term, is condemned this time for fire-arms carrying. The cassation board has considerably lowered the punishment, appointed to it court of the first instance. However the defender assured of innocence of the ward, continues struggle. The second business for our days, alas, typically enough. Unfair debtors have decided to understand with partners hands of militia and judges. This time it has not turned out: By means of lawyers the court let and not at once, but has understood a situation and has dismissed from defendants the charges brought against them in a robbery, swindle and kidnapping.

the First political experience of lawyers became negative
Large failure on an arena of politics has comprehended selective association Association of lawyers of Russia on which creation informed on September, 16th. In the night from 22 for October, 23rd the Central election committee Russia (Central Electoral Committee) has refused to accept association subscription lists, referring that its representatives have not kept within the term of their representation defined by the law. Active workers of association consider differently. They intend to appeal against against actions of the Central Electoral Committee in the Supreme court of Russia.

As one of initiators of creation of Association of lawyers of Russia, the president of Guild of the Russian lawyers Gasan Mirzoev has told to the correspondent, Tamerlan Daiev authorised selective association has arrived to the Central Electoral Committee in 17. On October, 00 22. The documents presented to it have been handed over in working group of the Central Electoral Committee. After their check in 20. 20 the inquiry on documents acceptance has been made. It was necessary to put down under it signatures of heads of groups on documents acceptance of selective associations and Vladimir Makeeva and Victor Korablina`s subscription lists.
During two with superfluous hours Daiev and other representatives of association tried to find the mentioned officials on workplaces, however to make it up to 23. 53 it was not possible. Seven minutes prior to the documents acceptance termination at last - that Korablin caught by lawyers has refused to sign the inquiry and has directed them to the chairman of the Central Electoral Committee Nikolay Ryabov. However the secretary of the last has declared that the chief is occupied and it is necessary to address to its assistant Alexander Ivanchenko. Still some time has left on searches of the last and when Ivanchenko all - taki has appeared before lawyers has declared that term of delivery of documents has expired also they in it have not kept within.
lawyers have regarded an event as infringement of the Central Electoral Committee of the federal law About elections of deputies of the State Duma of Federal meeting of Russia which article 23 obliges the commission within the powers to provide observance of equal legal conditions of pre-election activity for all selective associations . Therefore the Association of lawyers of Russia has already directed the complaint to illegal actions of the Central Electoral Committee to the Supreme court of Russia. Representatives of association ask to recognise the certificate about refusal in reception of its subscription lists void and to oblige the Central Electoral Committee to accept the subscription lists collected in support of the federal list of candidates of the State Duma from Association of lawyers of Russia. Meanwhile 10 members of this selective association were registered as candidates on one-mandatory districts in various regions of the country. Two from them, including Gasan Mirzoev, will continue pre-election struggle in Moscow.

the former officer of KGB does not want to sit for storage pugacha
the Moscow City Court has softened the sentence which has been taken out by Simonovsky court of Moscow eks - to the captain of KGB Victor Orehovu. The former officer who in due time has already stayed 8 years for the help to dissidents, has received 3 years of imprisonment for weapon storage. The Moscow City Court recognised this sentence lawful and proved, however, considering concrete circumstances of business has considered possible to reduce term of punishment till 1 year. Meanwhile, according to lawyer Orehova Andrey Rahmilovicha from 6 - j jurkonsultatsii Mosgorkollegii of lawyers (MGKA), concrete circumstances of business testify to an absence of proof of its fault. Therefore the lawyer intends to achieve the justification of the client in higher judicial instances.

in 70 - h years of Nuts served in 5 - m (ideological) management of KGB. In 1978 he has been arrested, and then condemned by 8 years of imprisonment for abusing office position and disclosure of the data making the state secret. It has appeared that long enough time captain Orehov through the third parties warned dissidents about preparing arrests, searches and the other actions directed against them. For far-outers the captain a figure was faster mythical, and colleagues, having learnt about activity of Orehova, have begun to hate it. He tells that major Anatoly Trofimov running business (nowadays the general - the lieutenant, the chief Moscow UFSB, the first deputy of the director of FSB of Russia) as - that time has told to it: time, when such as you, we will shoot without court " Will come;.
Having stayed the term From a call to a call Nuts left on freedom and has opened sewing co-operative society. He was engaged and political activity. Were komitetchik co-operated with committee Publicity headed known legal expert Sergey Grigorjantsem, and repeatedly participated in conferences spent by it KGB. Yesterday. Today. Tomorrow . All for it developed not bad till May, 19th, 1995. With evening of that day of Nuts with the driver came back home. The driver has broken rules, and the car has been stopped by employees of GAI. Having searched Orehova, militiamen have taken at it from a pocket a pistol the Automatic pistol . In its shop it has appeared seven cartridges. After that Orehova have detained and delivered in OVD Danilovsky where have brought against its criminal case on charge in weapon carrying.
during the investigation and on court the accused adhered to the following version. The parcel with a pistol to it has left on storage the acquaintance from Sumy. That in convolution there is a weapon, he, Nuts, did not know. The acquaintance where - that was gone, therefore in the evening on May, 19th he has unpacked a parcel and, having found out a pistol, has put it in a pocket, expecting to hand over next morning in militia. Thus Nuts asserted that at found out by it the Automatic pistol has been ground off boek, and cartridges did not approach it on calibre. Therefore, according to the former officer, it was possible to recognise this pistol only pugachom . However the spent examination has established that the Automatic pistol is fire-arms and the cartridges which were in its shop quite approach for shooting from a pistol of this system. On the basis of the conclusion the Simonovsky court of Moscow has sentenced Orehova to three years of imprisonment. To serve time, as to the person earlier to the offender, to it have defined in a high security colony.
after that protection of Orehova was started by lawyer Rahmilovich. Acting in cassation board of Moscow City Court, the defender has declared that the fault of its client is not proved absolutely not. The matter is that, having withdrawn from Orehova a pistol, militiamen have sealed up the weapon and cartridges in an envelope. In business materials, the lawyer has underlined, there are marks that further material evidences twice perepakovyvalis. At first the pistol and cartridges have been spread out on different packages, and then again connected. Thus, has noted Rahmilovich, nobody can be assured that in the course of all these perepakovok the pistol withdrawn from Orehova, has not been resulted in a working order, and cartridges are replaced with the standard. In this connection the lawyer asked to justify its client.
arguments of the lawyer have not taken any effect on judges. They have decided that so far as the pistol and cartridges have been presented for examination in the same kind, as at withdrawal (that is together, instead of separately from each other) their fact intermediate perepakovok has no value. Nevertheless, considering concrete circumstances of business judges found possible to commute a penalty eks - to the captain till 1 year of imprisonment. Taking into account time already spent under guards to sit to Orehovu remains not for long: only nine months. However lawyer Rahmilovich is dissatisfied with such turn of business and intends to achieve the justification of the client in higher judicial instances. Now it works over the complaint addressed to the chairman of Moscow City Court of Zoe Kornevoj.

Eks - the minister will continue struggle for a place in the State Duma
the Lawyer jurfirmy De Jure Olga Kofanova has achieved cancellation of the decision of district election committee #104 Dmitrova which have refused to its principal to former chairman Roskompechati Boris Mironov in registration by the candidate of the State Duma of Russia. As the basis for refusal that on October, 10th Mironov has taken away subscription lists already handed over in the commission on renewal has served. According to explanations of the Central Electoral Committee of Russia to do it it had no right. However in court the representative eks - the minister has drawn that the law About elections of deputies of the State Duma of Federal meeting of Russia does not contain any restrictions concerning such actions, and the mentioned explanations are only podzakonnym the certificate.

as Olga Kofanova, Boris Mironov has told to the correspondent has handed over sheets with signatures of citizens in support of the nominee on October, 10th. This very day members of election committee have rejected about 700 signatures, recognising as their issued in the inadequate image. That regarding its subscription lists instead of passport data of citizens numbers of identification cards contain has been specified Mironov, work places, names and patronymics podpisantov are not completely specified, and signatures are made by different ink.
Having taken out the conclusion about unfitness of a part of the signatures collected in support of Mironov, committee-men, however, have not issued it according to the law and have not assured subscription lists the seals. Having used it, Mironov has taken away them this very day from the commission and has renewed taking into account all remarks. New, faultless sheets have been handed over in the commission on October, 18th. And after two days to Mironov it has been declared refusal in registration by its candidate of the State Duma. At removal of this decision the election committee has referred that eks - the minister has broken the selective legislation in particular the explanations of the Central Electoral Commission forbidding repeated renewal rejected signatures.
having disagreed with this decision, Mironov has addressed for the help to lawyer Kofanovoj. Last has demanded from election committee of granting of an extract from the meeting report in a part, concerning the decision on refusal in registration of its principal by the candidate of the State Duma. Having received on hands this document, Kofanova has directed to Moscow Regional Court the claim to district election committee #104 to Dmitrova and has demanded cancellation of its decision. Acting on process, the representative of the claimant has declared that the procedure for registration of candidates of the State Duma is regulated by the law About elections... in which explanations concerning behaviour of electoral committee on a case of renewal of subscription lists does not contain at all. As to explanations to which respondents they are only podzakonnym the certificate referred and cannot limit neither Mironov, nor any other candidate for maneuver freedom.
Besides, has underlined the representative of the claimant, on the subscription lists taken away by Mironov it has not been put down the election committee seals, and claims were put forward only to 700 signatures. The others - and them it has been collected over 5,5 thousand (at demanded under the 5 thousand law) - Representatives of the commission have quite arranged. Thus, has finished the performance the representative of the claimant, refusal to Mironov in registration by the candidate is illegal. The Moscow Regional Court has completely agreed with the stated arguments. Having cancelled the decision of district election committee, it has obliged the respondent to consider in essence a question on registration of the candidate for Boris Mironov`s State Duma taking into account the subscription lists accepted from it on October, 18th, 1995 . The Judgement has entered validity from the moment of its announcement. It is not subject to the appeal.

Ufimtsam has cost much the contract with the Moscow joint-stock company
to Lawyers Elena Tomashevsky (26 - I jurkonsultatsija MGKA), to Larissa Move (20 - I jurkonsultatsija MGKA) and to Vladimir Fomitchyov (branch #1 Mosoblkollegii of lawyers) was possible to achieve softening of a sentence to three heads of the Moscow representation of the Ufa engine-building production association (UMPO), condemned for the extortion ostensibly made by them, swindle, a robbery and kidnapping. The Tver court of Moscow has sentenced the commercial director of the Moscow representation Sergey Zlobina to 3 years, and its assistant Sergey Vasileva and the general director of representation Oleg Sablina - by 2 years of imprisonment of everyone. However in cassation board of Moscow City Court lawyers managed to prove that their clients tried to return money which were run into debt UMPO by victims. As a result charges in swindle, a robbery have been dismissed from all three and kidneppinge, and charge in extortion is retrained on arbitrariness. Zlobin, Vasilev and Sablin have received on half a year of imprisonment and have been liberated, as have left this term in a consequence.

in the end of March, 1994 in RUOP of the Municipal Department of Internal Affairs of Moscow have addressed the chief of a sales department of the Moscow joint-stock company OSiA Yury Grishin and its assistant Igor Pavlov. They have declared that certain gangsters demand from them or to pay it 2 mlrd rbl., or to conclude the contract on delivery of 200 cars with UAZom and to transfer all cars to them. Thus Grishin has shown that in process processings unknown persons have stolen it and have selected at it the car Izh . Pavels, from its part, has declared that has lost the Zhiguli .
Soon offenders of businessmen have been detained. The general director of Moscow representation UMPO Sablin, the commercial director of representation Zlobin and its assistant Vasilev have appeared them. To all three have brought accusation in extortion (item 148. 2 UK Russia, the sanction - till 7 years of imprisonment) and instigation to swindle (item 17, 147. 2 UK Russia, the sanction - till 4 years of imprisonment), and Zlobinu and Vasilevu besides it also in a robbery and kidnapping (according to item 145. 2 UK Russia, the sanction - till 7 years of imprisonment, and item 125 with a badge 1. 2 UK Russia, the sanction - from 5 till 10 years of imprisonment).
After an end of the investigation business has been transferred in the Tver court of Moscow. Acting on process, lawyers to the Speech, Tomashevsky and Fomitchyov, undertaken to protect accused, proved that they did not make crimes incriminated to it but only wanted to receive with OSiA money for put UMPO the goods. Supporting the arguments with references to documents, anddvokaty have told to judges that in August, 1993 UMPO has concluded from joint-stock company OSiA the contract on which the last for 880 million rbl. has got at ufimtsev 260 cars Izh . Payment of cars should be carried out within 30 days after goods delivery. Cars OSiA has received, however money to partners has not listed. After a while management UMPO has charged to the general director of Moscow representation Sablinu to achieve debt payment. However its numerous conversations with the colleague from OSiA Oleg Salomatovym in what have not resulted. In the beginning of 1994 last has left in the USA and more in Moscow was not shown.
after disappearance of Salomatova to trial with OSiA the commercial director of Moscow representation UMPO Zlobin and its assistant Vasilev were connected. On March, 9th, 1994 they have arrived to office of the debtor, going to talk to the chief of a sales department OSiA Grishin. That, however, has appeared dead-drunk. Having convinced of impossibility of conversation, friends have taken out Grishin to shop belonging to them StaF . When that has a little come to the senses, Zlobin and Vasilev have tried to find out destiny of cars, however Grishin could not answer anything intelligible. Then thieves have selected at Grishin the car Izh from ill-starred party then have released it. Lawyers have paid attention of judges that about the abduction Grishin has declared in RUOP only later 20 days after a trip to shop, and on court recognised that in general - that has gone together with Zlobinym and Vasilevym voluntary. The protection interrogated under the petition employees of shop StaF have shown that nobody beat Grishin and at all did not guard: it was drunk and slept, and when was overslept, has left. As to the car selected at it it actually continued to remain property UMPO, therefore, according to lawyers to qualify this episode as the robbery was impossible.
Assorting an episode about not taken place conclusion of the contract with UAZom, lawyers have declared what to swindle their clients did not gather. They counted that OSiA takes on realisation of 200 cars, will sell them, and with profit to pay off with UMPO for debts. Pavels zaprotivilsja to this plan, for as has lost the the Zhiguli : to return car Zlobin and Vasilev promised after it will change the relation to the conclusion of the contract with the Ulyanovsk factory (after arrest accused the car has been found out on one of parking places and it is returned the owner). At parting Zlobin and Vasilev have promised to Grishin and Pavlovu that if the debts will not be extinguished by March, 31st they will address in Office of Public Prosecutor with the statement for swindle. This circumstance, most likely, has played a pivotal role: debtors have decided to outstrip ufimtsev and to get rid of them.
Lawyers asked judges to consider all stated circumstances and to justify their clients regarding swindle, a robbery and kidnapping, and charge in extortion to retrain on arbitrariness. However the Tver court has not considered a position of protection proved and, recognising Zlobina, Sablina and Vasileva guilty the accusations at all points brought to its, has sentenced the first to 3 years, and the others by 2 years of imprisonment of everyone. Simultaneously judges have satisfied Grishin`s civil suit, having obliged condemned to pay to it 10 million rbl. for selected Izh .
This sentence lawyers Tomashevsky, the Speech and Fomitchyov have appealed against in Moscow City Court which has appeared is more susceptible to their arguments. As a result of consideration of the appeal with Zlobina, Vasileva and Sablina have been dismissed charges in swindle, a robbery and kidnapping. Charge in extortion has been retrained on arbitrariness. All three have received for it on imprisonment half a year (this term Zlobin, Vasilev and Sablin have already left for a pre-trial detention centre in a consequence that is why have been released from - under guards). And in the meantime the Horoshevsky Office of Public Prosecutor of Moscow has raised and investigates criminal case upon plunder of property UMPO in especially large sizes.