The court has gained indemnificationCourt of Railway area of Samara has obliged the city Department of Internal Affairs to pay to 200 thousand roubles indemnification of moral harm of Poline Kutuzovoj, whose son has suffered in incident with horse patrol of militia, and in some months has died. Kutuzov`s madam who demanded to collect from the Department of Internal Affairs of 5 million roubles, intends to continue suit. The Department of Internal Affairs was not ready to inform yesterday, whether will challenge the judgement. Legal experts notice that indemnification sum does not correspond to the world standards, but the positive decision can help to involve patrolmen in a criminal liability.
yesterday the Railway district court of Samara has passed the decision under the claim of Poliny Kutuzovoj, mother of the programmer of Open Society “ Volgatelekom “ George Kutuzov who became the participant of infamous incident with horse militia. We will remind, on March, 11th, 2010 the man has been detained by employees of militian horse patrol Lydia Kotovoj and Tatyana Terehinoj. Horsewomen have chained it to a horse to convoy to a militian site. But the horse has escaped from hands of escorts, has dragged George Kutuzov about 100 metres, having put it serious traumas. The militia in the name of the most high-ranking chiefs initially defended other version of events. On it, mister Kutuzov at first has cursed a young pair, then the appeared in time patrol, and after it has ostensibly attacked militiamen, having tumbled down both a horse, and the equestrian on the earth. Traumas to the programmer, according to the militia version, have been put absolutely casually: he was hooked for a stirrup when the animal rose on feet. As proof of this version militiamen have resulted two witnesses, from - for which ostensibly and this incident has inflamed. Later SKP affairs during the investigation recognised that indications of horse patrolmen and witnesses were false. George Kutuzov in May of last year has died from a hemorrhage in a brain.
Already after that Kutuzov`s madam has addressed in court with the claim to the Department of Internal Affairs of Samara and the regional Ministry of Finance about compensation of moral harm at a rate of 5 million roubles. The decision on business could be taken out in the end of November of last year. However after debate judge Lyudmila Kolesnikov has decided to renew trial.
yesterday to give testimony the high-ranking militiamen have come: the deputy chief of the regional Municipal Department of Internal Affairs Alexander Shahov and the deputy chief of the Department of Internal Affairs of Samara Igor Sizokov. Their positions considerably differed. If Alexander Shahov has agreed that Polina Kutuzov suffered, seeing, as her son, Igor Sizokov " is ill; was at a loss “ to answer this question. Also it was found out that after incident with the programmer in a regional central board the order on an interdiction to fasten escorted by handcuffs to a horse has been issued.
requirements of the claimant, as a matter of fact, were supported yesterday by Office of Public Prosecutor though has considered that indemnification should make 100 thousand roubles. Representatives of the Department of Internal Affairs have urged the judge to refuse to Poline Kutuzovoj. According to department, only George Kutuzov could apply for compensation of moral harm itself, but he with similar claims did not address. Besides, of the Department of Internal Affairs on - former are assured that pristegivanija men to a horse still it is necessary to prove the fact.
as a result the court has decided to satisfy the claim of madam Kutuzovoj “ partially “ having obliged treasury to pay to the woman of 200 thousand roubles. “ I too am satisfied partially, - have told after Polina Kutuzov`s session. - I am happy with understanding of the judge. Now it is necessary to be content with partial satisfaction, but continuation follows “. Its lawyer Andrey Sokolov has added that the decision will be appealed against in regional court. “ we should obtain reasonable compensation, we consider that it is equal to 5 million roubles “ - he has declared. Representatives of the Department of Internal Affairs have informed that the question on the appeal will dare after in department will receive the ready judgement.
“ that the claim has been satisfied, - an important victory in business, it should be used to achieve criminal prosecution of militiamen “ - makes comments on a judgement the chairman of inter-regional remedial association “ AGORA “ Pavel Chikov. We will remind, in September of last year after a serious public resonance concerning Lydia Kotovoj criminal case on ch has been brought. 3 items 286 UK (“ Excess of powers of office with application spetssredstv “) . Now it is investigated by investigatory department SKR on PFO. According to mister Chikova, actually the court recognised the Department of Internal Affairs guilty of drawing of traumas to George Kutuzov and has agreed that actions of militiamen became a cause of death of the programmer. The expert says that indemnification sum “ does not correspond to the international standards, however keeps within the Russian practice “. To increase the size of indemnification to 1,2 - 1,5 million roubles, mister Chikov considers, it is possible only in ESPCH. “ I am assured that the Department of Internal Affairs will challenge this decision, as it dangerous precedent for the Samara militiamen “ - the legal expert has added.