Translated material
Right to Besrosty
In the opposition
Right to Besrosty
July 22, 2013 Nutella Boltyanskaya
Every day you are cautiously open news sites. In October 2012, the president said : if he ( Khodorkovsky ) considers it possible to apply for a mercy with a petition, then it will be considered. Spirit did not deceive these days. With the mouth of Mr. Peskov, the president again said his traditional “ask”. That is, Navalny pleads guilty, then you can have mercy ...
It is sad to live in a country with the president, who does not know the Constitution, which he is a guarantor. I quote RIA Novosti: “ As for the possible pardon of Navalny Peskov, I noted that for this the defendant must primarily admit his guilt ... The spokeswoman added that this procedure is spelled out in the legislation of the Russian Federation.” Once again I give an article by the Constitution of the Russian Federation at number 89: "The President of the Russian Federation ... c) pardon." This is all said by the Basic Law. Not a word about the presence or absence of a petition ... For some reason, the president is shy to use with this right.
Decree of the President of the Russian Federation dated December 28, 2001 No. 1500 “On Commissions on Cleaning in the territories of the constituent entities of the Russian Federation”, which is an by -laws (the constitution above), also contains only the procedure for which I bring here: “A pardon is carried out by issuing the Decree of the President of the Russian Federation on the pardon on the basis of the corresponding petition of the convicted person or the person who left the punishment assigned by the court and having the inconsistent with the inconsistent Harsus ”(General provisions, paragraph 1).
The convicted person appeals to the President of the Russian Federation in writing (Chapter 3).
In the same chapter, paragraph 4 - who is registered.
Clause 5 - where it is sent.
In the same 5, there is a list of important documents:
The following documents are attached to the application for pardon by the administration of the institution:
a) a copy of the sentence (sentences), in accordance with which (by which) the convicted person is serving a sentence, and copies of decisions of higher courts regarding the specified sentence (sentences);
b) a notice of the entry of the court sentence into legal force;
c) a certificate of health of the convicted person;
d) information on compensation for material damage caused by a crime (if any);
e) a questionnaire indicating the biographical data of the convict and information about his marital status;
f) information about the results of consideration of previous patches of pardon, if they were submitted earlier and there is information about this;
g) a certificate of application in relation to the convicted act of amnesty or pardon or on the application of parole from punishment against persons previously brought to criminal liability;
h) the submission of the administration of the institution with the characteristic of the convict containing information about his behavior, attitude to study and work during the serving of the sentence, and attitude to a perfect act.
A copy of the submission of the administration of the institution is sent to the prosecutor who supervises the compliance with the laws by the administration of the institution in which the punishment is executed.
Other materials that are essential for resolving the issue of pardon may be attached to the request for pardon at the request of the convict.
Now tell me where exactly it is said that a person should admit his guilt? This is hinted at paragraph “Z”, but guilt is not included in the list of prerequisite in this list or in paragraph 12 of this Decree:
When considering a petition for pardon, are taken into account:
a) the nature and degree of public danger of a crime;
b) the behavior of the convicted person during the serving or execution of the sentence;
c) the deadline for the served (executed) punishment;
d) the commission of the convicts during the period of the trial period of conditional conviction appointed by the court;
e) the application earlier in relation to the convicted act of amnesty, pardon or parole from punishment;
f) compensation for material damage caused by a crime;
g) data on the identity of the convict: health status, number of criminal records, marital status, age;
h) other circumstances, if the commission considers them essential for considering the application.
And what? Where exactly did the president with Peskov find the prescribed in the legislation? Or do they, as Mikhail Bulgakov said, simply sowing? Or does it surprise me? Once again, the constitution leaves the president the right to pardon. Regardless of the presence of a petition or guilty admission. Literally, if the left presidential leg wants. For, as I understand it, a real lawyer is always entitled to apply the constitution, and not a so -called act. If he wants.
The Kremlin’s relationship with the constitution is generally not easy. The same Mr. Peskov about the gathering on July 18 issued the following: " Besally, it is impossible to approve such gatherings, and the only thing that we can hope is that everything will happen within the framework of the law." Constructive criticism of the head of state is always welcome, he said. But insults are not acceptable to the president, no one. “We must respect each other and court decisions,” Peskov emphasized . The gatherings mentioned by Peskov are directly permitted by the 31st art of the same Constitution : “Citizens of the Russian Federation have the right to gather peacefully, without weapons, holding meetings, rallies and demonstrations, processions and pickets.” 
But so offended Navalny President and Peskov that not to the Constitution. What offended, you know. Firstly, with anti-corruption of their revelations. Secondly, political ambitions. Thirdly, they really know exactly who and for what cookies went out to express their support. On Thursday, on the streets of Moscow (no matter what they say from the Kremlin wall, they know this for sure) people themselves went ... And remember the inauguration of Putin in the cleaned city? And the Yaroslavl station on Saturday morning - just a spit in the face ... My thought is confirmed by the fact that criminal cases on the participants in the gathering on July 18 were opened precisely after the meeting at the station, on a day off, and not earlier. It's a shame, understand ...
I would be the president, I would have offended the Protestants thinner and more sophisticated: there will be nothing to you for July 18, except ... me in the Kremlin. And to love Navalny - love for health. But this is me ... The president cannot. And he will also take revenge: to whom for sympathy for Navalny, to whom for dislike for themselves.
By the way, and to smear the liver on asphalt, on Peskov is a sign of deep respect for its fellow citizens? .. Well, compared to it, the center of Moscow July 18 is just the House of Lords ...
And a few more words about vandalism. The Moscow police opened a criminal case under the article “Vandalism” against unidentified persons who, according to investigators, placed offensive inscriptions, posters and stickers on the State Duma building on Thursday during the mass actions of the opponents of the sentence to Navalny. If you allow you, it is the sudden autopsy of the Moscow Asphalt, paving slabs, hysterical repair of tram tracks near the court building (remember the philistine court in 2005), in my opinion, and carry obvious signs of vandalism in all points ( notorious article ). However, in today's situation, we have one right - to Besrosty