Lossed children - 2

Now you can admit. The officials who went to find out the story with the missing and, as the press suggested, dissected by the children by children, is the college of the Supreme Court, to which I have the honor as a people's assessor. However, the case, which we considered at the outbound session, in itself was about another and, at first glance, seemed far from sensationality. The People’s Judge of the Industrial District of Khabarovsk was (or rather, since the judge is a woman) was accused of committing an official crime, and it was necessary to remove the appropriate verdict on this occasion.

This happens all the time, and most of the cases falling into the Supreme Court, just about the crimes of judges, or at least the commission of actions that are incompatible with the title of judge. This separate and important topic to some extent contains facts that motivate the campaign of distrust to the "closed corporation of judges." I hope that I will touch her in the following articles. Now I only note that be that as it may, with the “closed corporation” and the social benefits that this corporation “bargains”, but my personal observation: in fact, all Russian judges without exception are at risk. Just like a doctor who treats AIDS, always has a chance to get infected with him, an ordinary Russian judge, who passes sentences to other citizens on the stream, has good chances to “get” a violation of the law. He is watched at home, he is monitored in the service, he signs the mountains of papers, and at some point the number of random and non-random punctures lead to the emergence of a new quality. The judge becomes the defendant, the idiocy of the system turns against him. This is a difficult, nervous, dangerous and not too well -paid profession.

I wrote that we went to deal with missing children, and at the same time that it was about something else. There is no contradiction. If the court of Hamlet was considered in the court, it is possible that in the cloth language of legal proceedings it would look like the case of the authority of the appearance of ghosts after the divorce of the guard. I don’t know how the American, but the Russian court is dramatic and interesting only in the cinema. And although he is open, as a rule, no one goes to it, except for the business directly interested in the outcome. Human rights activists and scribblers exercise in criticism of the system, sometimes completely imagining what is happening in it. As a rule, even according to loud processes, the press forms its judgments on the basis of the final debate of the parties, as if everything else is an unnecessary waste of time. As a result, everyone remains in their opinion, regardless of court decisions. The process itself is hard work, and you need to make a lot of efforts to re -extract Hamlet out of it. So in our case: the fate of children - were those circumstances that the court was obliged to consider in order to leave a complete and objective opinion about the judge’s official crime.

What happened in the industrial district court of Khabarovsk is a flagrant violation of the law, but probably the ordinaryness of our life. The judge was accused of "knocking a hammer" ... without going into the process. It would seem, so what is there? And in other ships, in other regions in the outback, do they all go into the process? Who can vouch for this? And so to see: are there such a number of cases that were rolled into the judicial system as a result of a systemic crisis (turned out to be a pun), it is possible to consider in real processes? It is dangerous to think out this idea to the end, because we ourselves all the time demand to accelerate and simplify, avoid chancellery and bureaucracy. But on the other hand, the procedures were invented not in vain, and no matter what formality the process itself may seem, their implementation should be strict, up to wearing a mantle. In fact, the procedure is the last barrier that protects our society from legal chaos. From the actual collective agreement is not to live by law.

I recall the scene from the French comedy "Repeated marriage" about the times of the French revolution. "And now the word is given to a lawyer." There is no excuse to my client! "Bravo, citizen!" But pay attention: after all, even then there was a process, a lawyer was present, the last word was provided to the defendant. That is, the procedure was strictly carried out.

The right to us came from Europe. And we want to be Europe. And no matter how small the issue under consideration may seem in the Russian court, no matter how obvious its resolution seemed, no matter how deaf is a femid to the arguments of the “man”, the law and all the logic of law demand that at least five minutes, but the participants spent time to go out, announce the start of the trial. In this case, the prosecutor should be present, and all this must remain a trace in the protocol, etc.

Judge Galina Antushevich neglected this rule. It may seem to her that, having simplified the procedure, she was fighting a red tape. Perhaps she said so to her prosecutor: "Listen, keep in mind, I entered you at yesterday's meeting." And perhaps her judicial career would not end today, but a few years later, if ... she had not been engaged in international adoption. The topic is very difficult. And it is obvious that someday this bomb had to rush.

It was not without reason that Mephistopheles said that he was the power that always wishes evil, but it turns out the other way around. It seems that he firmly settled in Russia. The cunning beast American Nadia Houston from the village of Zaykovo, where flattery, where gifts, where - working on charm, improved uninterrupted circulation of adoptive documents. American families grabbed children in an armful of this God's forgotten region and raced thousands and thousands of kilometers to the border until they were taken away. What did we do? They created a queue that in itself is absurd. It is absurd because the country has a huge number of orphans, and there are practically no precedents for adoption by compatriots. It is absurd, because sociologists and children's psychologists argue that if such cases still occur, then subsequently in adoptive parents and adoptive children, psychological incompatibility is observed almost 100%.

Nevertheless, Nadia Houston is early to erect for her organizational talent. The legal bureaucratic machine differs from the informal in that when it fails in it, it stops. The informal connection works, even if someone did not have time to prepare the documents. On this, Nadia was burning. At some point, permission to adopt began to come from the Ministry of Education earlier than requests received there, and, of course, the judge "hit with a hammer" on the complete absence of legal grounds. Further - more. The mismatch began to abruptly. A couple of American foster families immediately had a couple of American foster families at once. One - I managed to take Julia to the embassy in Moscow. The second - set off after him. It was then that our justice woke up. Everything cut down and returned Julia back to the orphanage. There were other tragicomic incidents. A Russian child can only be adopted six months after real parents were deprived of parental rights. Suddenly they change their minds? However, the scum never thought up. It seemed that Nadia took into account this. The children were taken away from Khabarovsk five months later, and somewhere for a month, respectable Americans, the Ambassador, still waiting for the end of the six-month period, since the US Immigration and Naturalization Bureau was not an example more strictly. In other words, it did not guarantee the recognition of adoption in Russia if the child does not suit the definition of orphans or for another reason, i.e. For some circumstances, unverified or unexplained at the stage of consideration by the courts of the Russian Federation ...

To be continued...