Nevertheless, we live in Euclid, and not according to Lobachevsky - two parallel lines in Russia never converge. One line - laws, presidential initiatives, strategic plans and exalted expectations; The other is judicial practice, corruption, police and state arbitrariness. Each line comes from the past to the future, nearby, but according to its own rules and independently of each other. In fact, parallel worlds, and it is amazing how much they do not intersect with each other.
Here is President Medvedev, soar over the sinful land and our small problems, announces the new principles on which the police are established. The police will introduce themselves to the detainees, all the police officers will have tokens, they will read our rights when arrest and allow one phone call. Everyone will still be able to call a free telephone number with a complaint against the police. Who will say that this is bad? But this is there, in the world of theory and beautiful American films.
But the parallel world, ours, earthly. The current law “On the Police” obliges law enforcement officers to introduce themselves, to call their surname and unit, and at the request of the citizen to show him his official certificate (Article 228 of the Charter of the Patrol and Service Service). Of course, this is not as beautiful as a token, but also nothing. And what about that? How are peaceful demonstrators delay on the 31st on the Triumphal Square? They turn their hands, drag along the asphalt, and from the words said aloud - only mat and growl. When detained, the police should read our rights and obligations to us (Article 5 of the Law “On Police”) and at our request should call our relatives and report on the detention. I'm afraid now everyone will laugh, but did anyone hear about something like that during the detention on the triumphant?
Why am I all about triumphal? Yes, this is a litmus piece of police reforms! Reforms follow Medvedev, and life is triumphant. They do not intersect. If Medvedev with his modernization team really wanted to carry out a reform, and not its imitation, he would have begun by trying to bring one world closer to another. For this, new laws are not needed that are quite valid. Reform should not be reformed by the Ministry of Internal Affairs and the Law on the police, but the attitude of the police to the law. But this is more difficult and does not provide a pleasant cut of good budget money. It is much easier to introduce tokens and a mandatory call than to give the “pearl warrant officer” or release Sergei Mokhnatkin from undeserved punishment. Alas, this is not an exaggeration.
And here is the state of the judicial system. According to the Constitution (Article 10), the judiciary is independent and independent. But this is in the high, parallel to us, the world. And in practice, federal judges appoints and every 5 years extends the service life of them personally by his decree the president of the country. What is independence, what is independence? As a result, the judiciary becomes the appendage of the executive. This, of course, is also abstract constitutional constructions and exalted sorrows. And what happens in life?
This is the so -called judge of the Tver District Court of Moscow Elena Stashin. To call her the judge does not turn the language, because there is nothing less similar to the judge than Ms. Stashin. To the laws to spit deeply. In 1995, she once analyzed the affairs of 13 participants in an unauthorized picket, but she was lazy to mess with each “offender”, or maybe the affairs of what houses were, and she examined all the “offenses” at once, in one process. Which is categorically not allowed by the Code of Administrative Offenses. When it came to the turn to me (I was among the detainees), I drew her attention to the violation of the law, to which this priestess ... Justice answered in a bazaar tone that, they say, earlier it was necessary to show its literacy.
It seems to be a trifle, especially since I have not paid a fine of 100 thousand rubles, but appetite comes during meals. For illegal picket, Evgeny Frumkin awarded Stashin in the same 1995 15 days of arrest, while then Article 166-1 provided for the maximum punishment only a fine. But Stashina really wanted to plant Frumkin. Probably for the fact that he did not lower his eyes in front of her and looked at her with a slight irony. And she planted him, despite the lack of such a sanction in the article! Frumkin served his deadline, and I had been in a court for a long time with the prosecutor's office and the qualification collegium of judges, demanding that Stashin bring to criminal liability to make a knowingly unwinear decision. All instances had to admit that Stashin acted illegally, but she was left in the judges. So that she could continue to spit on laws and Russian citizens.
To this day, she “judges” in the Tver court. Last year, it extended the term of detention of a seriously ill lawyer of the British investment fund Hermitage Capital Management to Sergei Magnitsky. On November 16, Magnitsky died in a pre -trial detention center. This sad story provoked a scandal that went far beyond Russia. With renewed vigor, they started talking about the repressive essence of Russian justice, the cruelty of our penitentiary system.
And only judge Stashina is all deeply parallel. She does not live in the world where justice, the constitution, humanity and the rule of law. She lives on our sinful land, where the defendant can be punished, not provided for by the law, where an innocent person can be hot in prison, and the defendants are beaten directly in the convoy department of the court (she had such a case with two national bonds).
So we live in two parallel worlds. And for a long time we have already been accustomed to the fact that we hear one thing, but we see another. Others find even some perverted pleasure in this. You can be distracted from dirty everyday life, see federal television channels and transfer to the imaginary world of legality and justice. To imagine that we live in a great country with a glorious history and a bright future, that we have an honest political leadership, a day and night thinking about the well-being and protection of citizens, that the reforms will lead to something, and all the misfortunes and crises will melt without a trace in the radiant rays of the Kremlin optimism. However, having gained cheap vivacity, you still have to return to our own world, where the “pearl ensign” and Judge Stashin rule for all our sins.