Vasily Jakemenko has earned honourSavelovsky district court of Moscow yesterday has satisfied the claim about honour and dignity protection of head Rosmolodezhi Vasily Jakemenko to galeristu to Maratu Gelman. Mister Gelman should pay to mister Jakemenko of 100 thousand rbl. as indemnification of moral harm for its statements about possible participation of the official in an attack on the journalist “ “ Oleg Kashin. Galerist intend to appeal against against the decision as in June, 2011 the Hamovnichesky court has refused to head Rosmolodezhi the similar claim to mister Kashin.
the statements of mister Gelman published in microblog Twitter and " became an occasion to the claim of head Rosmolodezhi Vasily Jakemenko to Maratu Gelman who heads the Perm museum of the modern art; LiveJournal “ in November, 2010. Mister Gelman has written that, under its version, the customer of an attack on the journalist “ “ Oleg Kashin mister Jakemenko on November, 6th, 2010 (it has been cruelly beaten by unknown persons at the house) is. Reprinted this statement the Internet - the edition “ the Newspaper. ru “ became the co-defendant. Vasily Jakemenko has demanded from Marata Gelman and “ Newspapers. ru “ on 500 thousand rbl. of indemnification, and also the refutation publication.
in July, 2011 the court has appointed linguistic examination of statements of mister Gelman. Under petitions of representatives of the claimant and respondents it has been made four examinations, including forces of employees of Institute of Russian of V.V.Vinogradova and the Nizhniy Novgorod state university. Experts have come to a conclusion that the phrase of mister Gelman was only private opinion. Nevertheless yesterday the court has partially satisfied the claim of mister Jakemenko: Marat Gelman and “ the Newspaper. ru “ should pay to head Rosmolodezhi of 100 thousand rbl. and 5 thousand rbl. Accordingly, and also to publish a refutation (galerist - in the blog, and the edition - on a site).
As has declared “ “ mister Gelman, it will appeal against against a judgement “ until customers and executors of attempt at Kashin " will be found;. “ It is a shame when the state which cannot find criminals so zealously protects the officials from opinion that they are involved in a crime “ - he has declared. Marat Gelman also has assured that its opinion concerning Vasily Jakemenko`s participation in an attack on the journalist “ “ has not exchanged.
as has declared “ “ the lawyer of mister Jakemenko Sergey Zhorin, the party of the claimant is completely satisfied by a litigation outcome. “ the main thing that Gelman is obliged to publish now a refutation, and indemnification sum is not so important “ - the lawyer has told.
it is interesting that in June, 2011 the Hamovnichesky district court of Moscow has refused satisfaction of the similar claim of mister Jakemenko to mister Kashin. Record of the journalist in a blog became an occasion to trial: “ Actually I and itself do not doubt in jakemenkovskoj versions, and other versions at me are not present “. However as a result the court has decided that this statement was estimated judgement, and satisfaction of the claim has refused.
as has declared “ “ the lawyer of mister Gelman Damir Gajnutdinov, “ though judiciary practice should be uniform “ the Savelovsky court is not obliged to be guided by the decision Hamovnichesky - “ even if situations with claims were identical “. “ We will use the decision of Hamovnichesky court as one of arguments at the appeal, but it is improbable that it will be taken into consideration “ - mister Gajnutdinov has told. With it it agree and not participating in one of two processes lawyer Vladimir Jurasov. “ Situations similar, but, probably, in the first case protection of Jakemenko has not resulted sufficient proofs, and in a case with Gelman has made it. As to examinations to be guided by opinion of experts the court has the right, but is not obliged “ - the lawyer has explained.