Plagiators in the mantles

Who wrote the dissertation of the "Swamp Judge"?

The first judge convicted of plagiarism appeared in the Dissernet collection - Dmitry Gordyuk, co -author of the chairman of the Moscow City Court Olga Egorova, who wrote several legal benefits with her

The chairman of the 1st court of the judicial board for criminal cases of the Moskhorsud’s appeal, Dmitry Gordyuk, interested the participants of Dissernet after one of the activists supporting the “Prisoners of Bolotnaya” addressed them. Last summer, Gordyuk, as part of the three judges, rejected cassation complaints about the arrests of the accused in the case of riots on May 6, 2012. Thus, he entered the “black list” of investigators, prosecutors and judges related to the “swamp business”.
Having studied his candidate dissertation, the lawyers of Dissernet discovered serious borrowings in it from the work of his scientific director - a retired judge Yuri Bespalov.
56 pages out of 118
The dissertation of Dmitry Gordyuk, which he defended in April 2004, is called "The place of residence of the child: issues of theory and practice." Explaining the relevance of the chosen topic in the abstract, the author writes: “System analysis of civil and family legislation, law enforcement practice indicates many problems related to the child’s place of residence / ... / official statistics over the past ten years indicates massive violations of the rights of the child / ... / for the successful development of the child, it is required to create systems of legal guarantees for ensuring his rights” / ... / a set of banalities that do not suggest that in this one in this case in this Work can be made any scientific discovery.
The dissertation is about children left without parental care, about children living with a father or mother after their divorce. To find out why Dmitry Gordyuk chose this topic for his dissertation, The New Times failed. Judge Gordyuk refused to answer the questions addressed to him through the press service of the Moscow City Court. We asked him why the work is so similar to the dissertation of his supervisor Yuri Fedorovich Bespalov “Theoretical and practical problems of the realization of family rights of the child in the Russian Federation”, which he defended two years before Gordyuk.
Dissernet experts calculated that fragments from the dissertation of Bespalov are only six times in the dissertation of the Gordian "legal", i.e. indicating authorship, while on 56 pages of 118 pages of the dissertation of Gordyuk discovered "incorrectly borrowed continuous passages of the text from a separate phrase to several pages."
Examples of plagiarism
The expert of Dissernet Andrei Zazakin explained to The New Times, why, in the case of Gordyuk, we can confidently talk about serious borrowings.
“It may seem that the borrowings from Gordyuk do not go beyond the limits of general phrases,“ folklore, ”says Zazakin. - But let's compare, for example, the phrase from his dissertation: “In this regard, it seems that any agreement must be presented to the guardianship and guardianship authority” (p. 114) with the phrase from the dissertation of Bespalov (p. 213): “In this regard, it seems that any agreement should be registered with the guardianship and trusteeship authorities”. Or again: “Thus, this right should be considered as a certain collective concept, a wide in content, denoting independent rights” - the Gordian identically coincides with the text on page 70 in the dissertation of Bespalov. It is clear that these phrases contain an author’s assessment of the interpretation of the legal norm. If Gordyuk, having read Bespalov’s dissertation, agreed with the interpretation that Bespalov gave, he needed to refer to Bespalov and refer, and not let him go for his own. If this kind of coincidences were episodic, then they could be viewed as negligence. But when the coincident copyright ratings are given on continuous segments of five or ten pages (and such pieces are somewhat throughout work), this is already an absolutely unacceptable use of someone else's material. ”
“Gordyuk and Bespalov have joint work,” Slezakin continues. - Didn't they get in the dissertation? No, not of them, since the earliest of the works falls on 2005, as follows from the catalog of the Russian State Library. Maybe some of these publications are not reflected in the catalog? Maybe so, but in the author of Gordyuk, where a list of all the works that the applicant is defended is given, there are no such ones. ”
Negality or forgery?
In addition to borrowings, the lawyers of Dissernet found a forgery in the work of Dmitry Gordyuk. On page 32 of the dissertation of Gordyuk, we read: “So, over the past three years (2000-2002), 1.5 million people have arrived in the Russian Federation, including 350 thousand children and adolescents under 18 years of age, due to the change of place of residence in the Russian Federation. Almost 661 thousand people left the country during this period. Every fourth immigrant (162 thousand people) is a minor. ” Gordyuk gives these data with reference to the "State report on the situation of children in the Russian Federation of 2002."
Exactly the same information can be found in the dissertation of Yuri Bespalov on page 69–70: “So, for three years (1997–1999), 1.5 million people arrived in the Russian Federation due to the change of place of residence in the Russian Federation ...” Then everything coincides with the quote given in the dissertation of Gordyuk.
Comment of Dissernet: “It is obvious that statistics for 1997-1999 and for 2000-2002 cannot coincide to the third sign (“ 661 ”,“ 162 ”thousand). The only explanation of how these numbers and comments framing them coincided - the fact that Gordyuk incorrectly borrowed this passage from Bespalov, mechanically replacing the years to which statistics belong. Thus, he falsified the data of statistical observations, since these figures have nothing to do with the period of 2000-2002. ” "

“For judges, the presence of a degree is a kind of application to the rank. It's like eating in a special distributor, have a cottage in Zhukovka "

" Without a statute of limitations
According to The New Times, on October 29, Alexei Navalny sent two letters: the chairman of the Moscow City Court Olga Egorova and the chairman of the qualification collegium of judges in Moscow Larisa Polyakova. In both letters, the politician outlined the data of the Dissernet examination regarding large -scale borrowings found in the dissertation of Dmitry Gordyuk.
He drew the attention of the judges of Egorova and Polyakova that in accordance with the Decree of the Government of the Russian Federation No. 74 of January 30, 2002, due to the expiration of a three -year period of statute of limitations, the award of Gordyuk of candidate degree cannot be appealed to the Ministry of Education or the dissertation council. “However, this cannot serve as the basis for not notifying him (Gordyuk) to disciplinary liability by the judicial community for committing actions defaming the honor of the judge,” writes Navalny. - / ... / qualifying exam (as a federal judge. - The New Times), he passed, already possessing the degree of candidate of legal sciences and, therefore, presented the examination commission illegally received by the diploma of the candidate of science / ... / Thus, a person striving to become a measure of justice and an example of impartial ministry, began his way with lies and forgery, i.e. actions qualified as unlawful. "
In the conclusion of his letter, Alexei Navalny asked Olga Egorova and Larisa Polyakov to form a commission for conducting a official audit against the judge of Gordyuk for violation of the Code of Judicial Ethics and consider the issue of early termination of his powers “due to the commission of actions defaming the honor of the Russian judicial system and incompatible with the high title of judge”.
Alexei Navalny has not yet received answers to his letters.
Excess "crust"
Is the presence of a candidate degree a plus who can help a judge’s candidate successfully pass an exam for a judge? Why are the appointed judges to defend dissertations? Maybe we are talking about material interest? Indeed, in accordance with the law on the status of judges from the moment a judge who has a degree of candidate of legal sciences or academic title of associate professor, a surcharge of 5% of the official salary is entitled to a judge.
“When passing an exam for a judge, if there is no agreement with the chairman of the court, the presence or absence of a degree will not play a decisive role,” the retired judge explained to The New Times. - Many judges defend the dissertations just in case: if they drive out, there will be where to go. I recall that when several years ago there were rumors about the resignation of the chairman of the Supreme Court Vyacheslav Lebedev, he forcedly defended the candidate and then a doctoral dissertation. But in general, for judges, the presence of a degree is a kind of application to the rank. It’s like to eat in a special distributor, have a cottage in Zhukovka, but also protect the dissertation. ”
Anna Panicheva’s lawyer also agrees with Pashin: “Judges suffer from the same disease as the deputies, they also want to have a degree, it is known when these degrees simply buy, as they at one time bought the title of baron, count. Until 2000, it was difficult to defend themselves in the legal community to defend dissertations, it was difficult to defend itself. Now everything is much easier. ”
"Title Judge"
Very little is known about the judge of Dmitry Gordyuk. But, judging by some fragmentary information that we managed to collect, his legal career developed quite non -standard. A certain Gordyuk Dmitry Viktorovich, who was awarded a lawyer status, terminated on 11.06.2003, was presented in the register of the Bar Chamber of the Moscow Region, Dmitry Viktorovich, who was a certain Gordyuk Dmitry Viktorovich. We do not know what matters he became famous as a defender, but on May 14, 2003, by the decision of the Moscow City Duma No. 144, he was appointed justice of the justice of the Judicial section No. 89 of the Altufevsky district of Moscow. We note in brackets that the appointment of a former lawyer is a rather rare phenomenon in the practice of the Moscow City Court. In the judicial community, a similar case is explained by the fact that Judge Gordeyuk, most likely, is one of the favorites of the chairman of the Moscow City Court Olga Egorova. It is known that in May 2005, presenting his candidacy in the Moscow City Duma to reassign to the position of a justice of the peace, Egorova asked the deputies: “We were appointed a judge with you, he works in the Butyrsky district, but since he lives in Lyubertsy and travel very far, and that when I asked him to help the Butyryr district, he fully fulfilled everything. I examined all the things there, and we are now just approaching it closer to the place of residence. I think that we need to satisfy this request, because we forcibly appointed it to the Butyrsky court ”(quote from the minutes of the meeting of the Moscow City Duma of May 16, 2005). What a touching concern!
Four years later, by the Decree of the President of the Russian Federation, Gordyuk was appointed judge of the Simonovsky District Court, where he quickly became deputy chairman, and in 2011 he moved to the Moscow City Court, where he soon took the place of the chairman of the 1st court of the Judicial College for Criminal Affairs of the Appeal. You can’t say anything: a brilliant career for a judge who is not even forty years old!
Starting as a family law specialist, Judge Gordyuk plunged into consideration of drugs, murder, fraud. Ordinary routine deeds. In excuse for acquittals, it was not noticed. He was not entrusted with political affairs. In the “Swamp business” he lit up purely by accident - he participated in the consideration of cassation complaints about extending the detention. And as it is accepted, he did not see the violations of the law in the fact that the Basmanny Court over and over again extended the preventive measure to the “Bolotniks” - Fedor Bakhov, Yaroslav Belousov, who were waiting for young children, for whom Judge Gordyuk thus advocated his dissertation. Former banker Sergei Kalinin, whose case in the Simonovsky court in 2008 examined Gordyuk, remembers him well: “He made the impression of a“ thieves judge ”on me. Lawyers told us that he had a very good relationship with the chairman of the Moscow City Court. And by his behavior it was clear that he did not care. He did not participate in the process at all, all the time he looked into his mobile phone. Then I found out that he writes books with Egorova. ”
Old friendship
Indeed, Judge Gordyuk wrote in collaboration with Olga Egorova and his supervisor Yuri Bespalov several books. In 2009, the Housing Law allowance was released. In 2010-"Commentary on judicial practice on family disputes." The authors are the same - Yuri Bespalov, Olga Egorova, Dmitry Gordyuk. Added A.Yu. Bespalov. Probably son.
Apparently, the scientific cooperation of Yuri Bespalov with Dmitry Gordyuk, which began almost ten years ago during the defense of the dissertation, continues fruitfully to this day.
Unlike Gordyuk, the former judge Bespalov is a well -known person in the judicial community. He began his career in the district courts of the Vladimir region, where in 2001 he rose to the post of judge of the regional court for civil cases. In those years, his paths somehow crossed with the future protege Dmitry Gordyuk. In 2001, Gordyuk printed in a collection of scientific papers published by Vladimir State Pedagogical University (VGPU), one of his first articles. Bespalov, having defended the dissertation, in 2002 from Vladimir left for Moscow in the civil collegium of the Moscow City Court. Is it a coincidence that in the same year his future graduate student Gordyuk submits documents to the justice of the peace and, with the support of the head of Bespalov, receives a judge closer to the house - in the Lyubertsy?
In March 2007, Bespalov was unexpectedly appointed chairman of the Vladimir Regional Court, where he did not stay long, a little over a year. The press wrote that Bespalov went against the governor for several specific cases, tried to conduct a “reform” in a single region, but nothing came of it. They also wrote that Olga Egorova supported him in everything. (New Gazeta dated 07.21.2008, Tomix newspaper dated 1.08.2008)
In July 2008, having left the honorary resignation from the Vladimir Regional Court, Bespalov returned to Moscow again, where he headed the Research Council under the Moscow City Court and finally became an assistant to Olga Egorova. In 2011, Gordyuk was also appointed to the Moscow City Court.
Apparently, Spike Egorov - Bespalov - Gordyuk is quite strong. Therefore, it is unlikely that the chairman of the Moscow City Court will listen to the request of Alexei Navalny to conduct an official check for one of them in connection with the possible plagiarism.
And the point is not only that the statute of limitations passed. Judging by the conclusions made by Dissernet experts, Professor Bespalov himself could write the work of Gordyuk. And so or not, we will never know.
Just like never we know who is actually the author of a huge number of legal benefits signed by judges Olga Egorova, Yuri Bespalov and Dmitry Gordyuk.

Photo: Alexander Koryakov/Kommersant