By law and lawless

Lawyers on the legitimacy of the actions of security forces

Ilya Yashin's rented apartment hacked by the operational group

“There could not be without a political“ nod ”of Ksenia Sobchak,” the source of The New Times, who once held a high post in the presidential administration, was convinced. “Another question is how he (Putin) was reported.” The ex-prime minister Mikhail Kasyanov also has no doubt that the decision to search the daughter of Anatoly Sobchak, whom Putin called his teacher, was taken at the very top. “There was a separate sanction for Sobchak,” the colleagues of the famous TV presenter for the opposition movement were also sure: Ksenia was not only not on the campaign on May 6 on Yakimanka and Bolotnaya Square, but she rather ended up in the camp of those members of the organizing committee and who joined them, who called on the bogs to “go to barbecue”, believing that “march of millions” will only gather on May 6 to gather only on May 6. A bunch of marginalists.

Indicative flogging

Until May 13, when she was first called for interrogation to the Investigative Committee of the Russian Federation, she did not at all go through the criminal case “on the fact of applying violence against representatives of the authorities, and the only basis for a search in her apartment on the 4th Tverskaya-Yamskaya in Moscow was her close relations with one of the leaders of“ solidarity ”Ilya Yashin:“ The major from Petrovka (there is the Main Directorate of the Internal Affairs in Moscow. The New Times) said Ksyusha: "It is necessary, Ksenia Anatolyevna, to communicate with the right people, then there will be no problems." She: "So, do I only meet your Chekists?" And he answers her: “That would be right, they would give birth to the children with him, they would live happily,” said Yashin, who was a witness to the conversation, in an interview with The New Times. Is it possible to search the apartment Sobchak only on the grounds that, as indicated in the decision to search, issued by the Basmanny Court, “Yashin actually lives at this address” for more than three weeks ”? It turns out - you can. Another question is why? Here the versions diverge. Some say: investigators were looking for the “common fund” of the revolution from Sobchak. “Judging by the issues that were asked during interrogation in the Investigative Committee, they will somehow try to connect the money found from me with the financing of rallies,” Ksenia Sobchak herself agrees with this version. Others are convinced: the main task is to make people from the elite understand, and especially their children, that Putin's disloyalty will be severely punished. “They first of all tried to humiliate Ksyusha, they say,“ We ​​will do everything we want with you, ”says one of the interlocutors. Still others are sure that people of the Paranoi power about the money of the State Department are due to their Chekist background, but they believe that the rest of the versions have real reasons.

Naked

“The basis for the search is the availability of sufficient data to believe that in any place or any person there may be tools of crimes, objects, documents and values ​​that may matter for a criminal case”-paragraph 1 of 182 of the “foundation and procedure for the search” of the Criminal Procedure Code of the Russian Federation. That is, for a search, it does not matter in what status a person takes place in the case - a witness or a suspect (Ilya Yashin during a search of Sobchak’s apartment on June 11 was indicated in the court decision as a “suspect”, and the next day, after interrogation in the UK, was already witnessing). According to lawyer Vadim Kobzev, a former investigator of the Investigative Department of the Investigative Committee for the Moscow Region, it follows from this law that a search can be carried out at all anywhere and it does not matter whether it is registered whether a person is registered there. If the room is residential, then the court is only necessary. The investigator submits the court a request for a search in a living room (Clause 2, Article 182, “The search is carried out on the basis of a resolution of the investigator”). This petition is justified by the report of the operator. “Opera writes: according to my information, for example, Witness Yashin lives at such an address with Ksenia Sobchak, and this is already enough for the judge to give a sanction for a search,” says Kobzev. “And then the investigator, for example, writes that since Yashin spends a lot of time there, it means that there may be documents related to business, and therefore, you need to conduct a search there.” If a person passing in the case is seen in three apartments, they can search all three. Therefore, the operatives had the right to search the apartments of relatives - after all, documents and things related to the criminal case could be hidden. The fact that the search in the rented apartment of Yashin was carried out without his presence, according to lawyer Marina Balandina, is also legal: “The search is carried out not only from someone, but also in places where, according to the investigation, there may be a crime tool and other things that may matter for a criminal case.”

Another point in the question is searches were carried out on the official weekend. Lawyer Henry Reznik told The New Times that such events can be held on a weekend only in cases that do not tolerate delay. At the searches that were held in the apartments of the opposition, there were no such grounds in his opinion: "We will dispute it."

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If “Putin is a killer of children” is written on things, then this is extremism in its purest form. If it is written “Russia will be free”, “Russia without Putin” is not extremism

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Without protection

In accordance with paragraph 11 of Art. 182 of the Code of Criminal Procedure of the Russian Federation "The defender is entitled to attend the search, as well as the lawyer of the person in the premises of which the search is carried out." To Sobchak, Yashin and Navalny, lawyers were launched only a few hours after the start of the search, and then with a battle. The lawyer was not allowed to Sergey Udaltsov at all. According to Kobzev, this is a clear violation of the law: “The lawyer had to be launched immediately. And to indicate in the protocol that from exactly such a minute the lawyer began to take part. As far as I know, a lawyer was allowed to be a lawyer only after the call of the Commissioner for Human Rights in the Russian Federation Vladimir Lukin to the Investigative Committee. ” The lawyer Henry Reznik in an interview with The New Times said that he was not allowed into the apartment of Ksenia Sobchak, because he did not have a warrant for her, but he had a lawyer Alexander Makarov, and he was also not allowed for several hours: "He had to convince the investigators!"

Ilya Yashin and Ksenia Sobchak after interrogation in the Investigative Committee on June 15

Robbery in the law

“If it is necessary to withdraw certain items and documents that are relevant to the criminal case, and if it is known exactly where and from whom they are, they are seized,” it was said in paragraph 1 of Art. 183 of the Code of Criminal Procedure of the Russian Federation "The foundations and procedure for the production of seizure." According to the lawyer Kobzev, based on this law, anything can be removed, even the garbage bucket, if the investigator considers it necessary. Ilya Yashin and Alexei Navalny told The New Times that all the investigators found showed the investigator, and he already decided whether to take things or leave it. All the New Times, who had a search, say that the logic on which the things was seized was one - they took everything that, in principle, could be related to protests, politics, as well as the possible financing of the opposition. Although it is difficult to understand what to do with the events of 2012 for long -not working pagers from Navalny. They took the money only if they were in envelopes and these envelopes were inscribed. According to Kobzev, the money is rarely seized, because it is connected with great difficulties: “This money never has any evidence-based significance, and they must be inspected, somewhere to store plus then someone can steal them. If the amount does not converge when returning, there will be a huge scandal. ”

Ksenia Sobchak took all the money that they could. “The protocol indicated:“ Removal, a coin with a dignity of 5 rubles ”,“ Two banknotes, with a dignity of 10 rubles, ”said Ilya Yashin. Lawyer Marina Balandina agrees that such actions seem absurd for a normal person, but from the point of view of the investigation they are legal: “Perhaps they decided that money may be directly related to the crime that they investigate.” On what basis was the same Sobchak seized a passport (June 15, after two petitions of lawyers, was returned to her passport) and the keys to the personal car? “If she were a suspect in the case, this could be explained: they seized a passport so that she would not disappear. But at the time of the search, she was not involved in the matter as anyone, ”says Balandin's lawyer. Henry Reznik of the actions of investigators in relation to his client completely called "complete lawlessness."

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Opera writes: Witness Yashin lives at such an address with Ksenia Sobchak, and this is already enough for the judge to provide a search

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Anti -state

Anastasia and Sergey Udaltsov after the search were missing the flags of the “Left Front”, campaign materials and brochures that were related to the movement. Alexei Navalny was left without a Mikey’s dear to his heart at a couple of hundred rubles at which there was an inscription: “United Russia is a party of crooks and thieves. This is my assessment judgment. ” During a search in the apartment of parents, Ilya Yashin was taken away by the book “12 Disagent”. Cause? The Major General of Justice Vladimir Markin, who is the main speaking head of the Investigative Committee of the Russian Federation, commenting on the press in the apartments of the opposition, explained: the “campaigning products and literature with anti-state slogans were seized,” forcing him to recall the sad 1970s, when there was a fight against dissent. According to lawyer Balandin, “anti -state” is all that calls for violent overthrow of the system. And such things must comply with the law on countering extremism (No. 114 of the Federal Law of July 25, 2005). “If“ Putin is the killer of children ”is written on things, then this is extremism in its purest form. If it is written “Russia will be free”, “Russia without Putin” is not extremism. ” The New Times sent a request to the Investigative Committee: "What did Mr. Markin call anti-state slogans?" We never received an answer.

June 11, Aleksey Navalny's apartment after the search

Why is this "lawlessness by law" possible? The answer is obvious: in Russia, the judicial system is not only destroyed, but the very principle of independence of the third branch of power is destroyed, which became the servant of the security forces, leaving citizens without protection from their arbitrariness. The ease with which decisions were issued for a search in the apartments’s apartments is a visible example. And the instruction: this is how you can do it. “The traditions of the past are alive,” says Henry Reznik, president of the Russian law chamber, who worked as an investigator and a defender during the Soviet era. “Constitutional rights of citizens are not respected.”