In the opposition

The law is in the fog

August 23, 2012 Alexander Podrabinek

You can cloud the problem in different ways: stop discussing it, hide the information, say that it is decided. Russian law enforcement agencies use another method: they transfer the center of gravity of the problem to insignificant circumstances. For example, so. One person kills the other from the gun, and the investigation throws all his strength to understand why the deceased fled from the killer too slowly. If he fled faster than a bullet, he would have remained intact and there was no crime. So who, as a result, is to blame for the crime?

Harry Kasparov was detained in front of the Khamovnichesky Court building during the announcement of the sentence in the Pussy Riot case. The approaches to the court building from both sides of the 7th Rostov Lane were blocked by the picket fence and police guarding passages. Through them that day, not even all journalists accredited in the process were passed. A crowd of people who wanted to go to the court building formed in front of the picket fence. Kasparova was kindly missed, and he immediately landed under numerous cameras and microphones of journalists. The improvised interview began barely, he was detained. The police did not introduce themselves. There were no warnings about violation of the law. The reasons for the detention were not explained. Kasparov was dragged into a police bus, then he tried to escape from there, he was dragged back and beaten. After all this, Harry Kasparov was accused of the fact that during the detention he bit the police second operational regiment of the Main Directorate of the Ministry of Internal Affairs of Russia in Moscow, ensign Denis Ratnikov for a finger.

This was the main event and the plot for the prosecution. The Investigative Committee threatens the initiation of a criminal case against Kasparov under Article 318 of the Criminal Code of the Russian Federation - the use of violence against a representative of the authorities. For what exactly? For the bitten finger of the ensign Ratnikov. Law enforcement agencies, forgetting about everything else, intensively develop this topic. I would not have bitten the finger, there would be no crime. I would have faster than a bullet, I would not be killed.

However, the crime was, and it was not in the resistance of Kasparov by the police, but in the illegal detention of Kasparov by the police. This is the main event of this whole story, and this is necessary to start an investigation. There were no grounds for the detention of Kasparov, and it was carried out illegally. The police are not forbidden to resist illegal actions. This was relatively recently confirmed by the Minister of Internal Affairs of the Russian Federation. Article 318 of the Criminal Code of the Russian Federation provides for criminal liability for the application of violence against a representative of the authorities "in connection with the performance of his duties." But the ensign Ratnikov did not fulfill his duties, he abused them, acting in violation of the law. Therefore, legal grounds for the application of Art. 318 of the Criminal Code is not to Kasparov, but for the application to the warrant officer of the Criminal Code of the Criminal Code, there is an exceeding official authority.

Now the police, the Investigative Committee and the prosecutor's office are intensively pretending that the question of the illegality of the detention is not significant. This is understandable: the detention took place in sight of numerous witnesses and was recorded by many television cameras. There is no way to prove the legality of the grounds for detention. Therefore, it is easier to talk about this, but about the supposedly bitten finger.

And here is an example of blurring justice. On the same day, after the verdict in the Khamovniki court, a group of journalists went to dine at the Mu-Mu restaurant on European square. One of them was worn by a T -shirt with the inscription "The Virgin, Putin run out!" The group of young Orthodox fundamentalists and admirers of Putin, who turned out there, surrounded the table of journalists and in a very aggressive tone, with the offers “come out - talk”, demanded that the photojournalist Denis Bochkarev take off the T -shirt that he had not liked. The bake was on the verge of a fight, which did not take place only thanks to the intervention of the restaurant administration, and then the police officers - first of the patrol traffic police, then officers. As a result, everyone was delivered to the police department, where they wrote statements on each other. The police are probably satisfied that the nursery did not take place, and mutual claims, in her opinion, are balanced and allowed to do nothing.

This is just the case when a person fled faster than a bullet and therefore was not killed. Well, they didn’t kill, they didn’t kill it, what to talk about then, what to investigate? They will kill - come. This is the logic of the police. But this is not the logic of the law. According to the law, a group of Orthodox fanatics who has committed hooliganism in a public place should answer the court for an administrative offense. And the materials must prepare the materials for the court. The instigators of the conflict must be punished. The fact that they also wrote statements to those people who were attacked does not change anything. They can allow any fog for this case, but the duty of real law enforcement agencies to understand what happened. And if the police could not protect peace -loving citizens from the harassment of the punks at the scene of the event, then she must make this post -fact in the manner prescribed by law.

True, there are very few hopes for sound justice, almost. And not at all because the affairs are foggy and circumstances are not clear. Rather, because the fog stands in the heads of law enforcement officers.

Photos of RIA Novosti