Kafka is resting

The other day, a solid volume called “Economic Justice in Russia: past, present, future” fell into my hands. The author is Mikhail Kleandrov, Doctor of Sciences, Professor, Corresponding Member of the Academy of Sciences, and most importantly-since 2003, the judge of the Constitutional Court. The indicated book seems interesting not only to a lawyer, but also to a political scientist. Infrequently, the judge of the highest court, so vividly represents his credo to the city and the world.

To begin with, Judge Kleandrov really does not like that the law does not prescribe the mechanism of large -scale verification by the special services of candidates for judges. The constitutional judge proposes in connection with this to impose law enforcement officers into the obligation to “carry out the forms and methods of work with documents, the operational development of the audited, etc. With the presentation of detailed answers to the general and additional lists of questions, objectively, comprehensively and fully characterizing the candidate for the judge.” It is easy to understand what such a proposal puts future judges in full dependence on the “competent authorities”. And this despite the fact that the independence of the domestic judicial system is already under a big question.

But Judge Cleandrov does not stop there. He proposes to go further and entrust law enforcement agencies not only to collect incriminating evidence for candidates, but also to compose them “sociopsychophysiological portraits”, that is, to prepare documents in which positive and negative character traits would be recorded. For example, if the special services decide that there are no obvious complaints about the candidate, but he differs in any of the listed vices (I quote!): “Bloom, greed, brutalism, revenge, arrogance, hypertrophied their own, national, political significance”-they must submit an appropriate conclusion to the commission that deals with personnel issues in the judicial power. Like, one candidate is too arrogant, he thinks a lot about himself, so think carefully before making him a judge. But the other is honest, objective, good -natured: in general, the best judician cannot be found.

Kafka is resting! And at the same time, the author with a paragraph below proves that the measures offered to him do not infringe on human rights. Like, the UN itself claims that corruption must be dealt with. The question of whether the UN considers it a necessary struggle against arrogance, the author is prudently bypassing.

Faced with such views, you are no longer surprised when you find out about other legal initiatives of the referee-innovator. In particular, one of his favorite ideas is to deprive the right to occupy judicial positions of lepered and HIV-infected. He performed with her back in 2002 at the Council of Judges, who approved a list of diseases that impede the appointment of a judge. Then the onslaught of the Chairman of the Tyumen Arbitration Court (Cleandrov held this position before moving to Moscow) managed to recapture, referring to the fact that his proposals could undermine the international prestige of the Russian legal system. It is clear that the question of lepers is purely theoretical - in the end, we are not Jerusalem on the eve of his capture of his salad, where the king ruled the patient. The disease is rare, and it is clearly not up to refereeing patients.

But HIV infection is another matter. Judge Cleandrov believes that infected are capable of destructive actions. Let us leave aside the logical questions about how constructive many of our quite physically healthy fellow citizens are and whether it is possible to discriminate against a significant (unfortunately, increasing) part of the country's population. Let us pay attention to another: the author offers not only not to let HIV-infected people into the judicial class (you can technically do this, obliging the candidates to pass a standard analysis), but also conduct a “strict rejection” (just like that!) Acting judges with such a disease. Typically, HIV-infected people do not shout at every intersection about their tragedy. How, in this case, the judges and who will do this will “be bought” - except that all the same special services will try.

The author is interested in the difficult question of whether a person can be a judge of non -traditional sexual orientation. In this case, judge Cleandrov does not come to an unambiguous conclusion, believing that it all depends on the region. Like, in “cosmopolitan” Moscow, people may also accept the “blue” judge, but in the Urals, where many former convicts will not be respected. The question of whether the Urals will be more revered to the homosexual active, the author for some reason bypasses in silence. But rightly indicates that in Russia they do not like to spread about such problems, and “unconventional” do not flaunt their orientation. I wonder who will climb into the private life of people? Either the judges themselves will be found in relation to future colleagues, or law enforcement officers will be connected. Rather, the second.

Another plot that is very interested in the author is the possibility of influencing the judge with the help of hypnosis. In this regard, it is proposed to check future and existing judges for stability in relation to hypnotist. And do not entrust unstable judges to do business, "when considering which there is an increased risk of hypnotic effects." And who, if not “competent authorities”, will be based on the operational information to determine the degree of this risk?

All this would be funny if it weren’t so sad. After all, judge Cleandrov does not sit in the district court, but in the constitutional, to which many of our citizens, remembering the activities of this body in the 90s, have considerable hopes. However, now for the most part other people are sitting, with a way of thinking (and an example of thinking) of one of which we just met. So, it seems that only one road remains to the truth lovers - to the European Court. His judges are defending the rights of citizens, and not by identifying patients with AIDS and leprosy in their own rows.