To the former judge Olga Kudeshkinoj it is refused reinstatementthe Supreme court (VS) the Russian Federation has refused to reinstate the former judge of Moscow City Court Olga Kudeshkinu. Thus, the court has not satisfied its complaint. Earlier the Moscow City Court also has refused to it revision of the decision of qualifying board of judges of the Moscow which has deprived of its powers on October, 8th, 2004. We will remind, Kudeshkina insisted on decision revision, proceeding from the decision of the European court under the human rights, recognised that the Russian Federation has broken its right to freedom of expression of opinion.
on March, 10th the Supreme court of Russia has refused to satisfy the complaint eks - Olga Kudeshkinoj`s judges, as asking to recognise illegal the decision of Moscow City Court and to reinstate its judges. In the complaint she underlined that its discharge is connected with public statements to representatives of high rank of Office of Public Prosecutor and judicial bodies. Also she noticed that they put upon it pressure in a number of loud criminal cases. Let`s remind, Olga Kudeshkina insisted on revision of the decision of Moscow City Court proceeding from the decision of the European court under human rights (ESPCH), recognised that the Russian Federation has broken its right to freedom of expression of opinion.
during session the decision of the Strasbourg court on this business has been considered. ESPCH recognised proved complaints Kudeshkinoj on infringement 10 items of the European convention under the human rights, providing the right to expression of personal opinion, but not on 6 items in which it is told about fair proceeding. The representative of the Higher qualifying board of judges (VKKS) Alexander Lopatkin has noticed that “ thus, any conclusion stated in the decision of Moscow City Court, has not been denied “.
we Will notice that the Supreme court has sounded only rezoljutivnuju a decision part. The former judge already has expressed readiness again to address in ESPCH with the complaint to default of its decision. “ Moscow City Court conclusions do not correspond to the federal legislation, circumstances of business and a position of the European court “ - has noted Kudeshkina. Also during session of Kudeshkina has noticed that the preschedule termination of its powers has struck at its rights. In its opinion, it has deprived of its possibility to retire and receive the lifelong maintenance though it was the judge of more than 18 years.
Earlier Moscow city court has refused Kudeshkinoj revision of the decision of qualifying board of judges of the Moscow which has deprived its powers. Then the court has come to a conclusion that no again opened circumstances necessary for cancellation of the previous decision, in materials of the Strasbourg court are present.
we Will remind, Olga Kudeshkinu have deprived of a judicial cloak in May, 2004 after a number of scandalous statements in mass-media which it has made for some months before during the election campaign in the State Duma (elections it has lost). In particular, she has told that in December, 2003 the chairman of Moscow City Court Olga Egorov put upon it pressure by a legal investigation of the inspector of investigatory committee at the Ministry of Internal Affairs of the Russian Federation of Pavel Zajtseva accused of excess of powers of office at a legal investigation about contraband of furniture, realised in the centre “ Three whales “. Business of inspector Zajtseva as a result has been transferred other judge Sergey Markovu who has sentenced the defendant to two years conditionally with a trial period for a year.
Kudeshkina time and again acting as the expert of protection on affairs of YUKOS, also declared that Moscow City Court “ has turned to institute of data of political, commercial and other accounts “ and “ nobody can be assured that its business will be authorised under the law “. The qualifying board of judges of Moscow has considered that these statements judge Kudeshkina “ has called into question the right to judicial protection in the Russian Federation “ Also has stopped its judicial powers for law infringement “ About the status of judges in the Russian Federation “ ordering to representatives of this trade “ to avoid everything that could belittle authority of judicial authority “. The Russian courts of the complaint Kudeshkinoj have rejected, and in 2006 she has addressed in the European court under human rights which has decided that Russia should pay istitse ˆ10 thousand