Decree in the case of an administrative offense Alexei Makarov: to stop due to the lack of an event

Resolution

In the case of an administrative offense

G. Moscow

07 March 2014

The operative part of the resolution was announced on March 05, 2014.

Motivated resolution was manufactured on March 07, 2014.

Federal judge of the Zamoskvoretsky District Court of Moscow Korobchenko E.S., with the participation of A. Makarov,., Defender E. Pershakova, having examined the case of an administrative offense under Art. 20.2 h. 5

The Code of the Russian Federation on Administrative Offenses in relation to Makarov Alexei Alekseevich, born 16

January 1985 in Moscow, a citizen of the Russian Federation, married, working in the Memorial society by a historian living in Moscow,

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Installed:

Makarov A.A. accused of committing an offense, the liability for which is provided for in part 5 of article 20.2 of the Code of the Russian Federation on

administrative offenses, namely, that he (A. Makarov) on February 21, 2014 at about 13 hours 10 minutes at the address: Moscow, st. Tatarskaya, d. 1, took part in the public event (picket) without submitting a notification in the prescribed manner about the public event, which violated P.P. 2 p. 4 Art. 5 of the Federal Law of the Russian Federation of 19.06.2004 “On meetings, rallies, demonstrations, processions and pickets”, namely, appeared as part of groups at the Zamoskvoretsky court

G. Moscow with other participants shouted the slogan “Freedom to political prisoners”, after which he was detained along with other participants.

During the consideration of the administrative case, A. Makarov He did not recognize himself guilty of committing an offense, explaining to the court that on February 21, 2014 he came to the building of the Zamoskvoretsky District Court of Moscow, wanting to realize his right to be present in the meeting room in the proclamation of the sentence in the case of “riots” on May 6, 2012, did not shout any illegal actions, did not shout.

Defender Pershakova E.Yu. asked to terminate the proceedings in the case of an administrative offense for the absence

composition of the offense, since A. Makarov I did not commit unlawful actions, I drew the attention of the court that in the protocol in the case of an administrative offense there is no signature of the official of it.

During the consideration of the present at the hearing at the request of Makarov A.A. They were questioned as witnesses of Thursdays I.A. and Zakharkin M.S.

So Witness Otorov I.A. He showed that he was located on 02/21/2014 near the building of the Zamoskvoretsky District Court of Moscow, A.A. Makarov. He was not, but he was with him (A. Makarov) in one car after his detention near the court building.

Witness Zakharkin M.S. He showed the court that on 21.02.2014 he saw the moment of detention A.A. Makarov, who did not shout anything, did not hold the posters in his hands.

After hearing Makarova A.A., his defender, having interrogated the witnesses, having examined the materials of the administrative case, the court comes to the following conclusions.

In accordance with Part, Article 26.2 of the Administrative Code of the Russian Federation, the use of evidence obtained in violation of the law is not allowed.

According to Part 2 of Article 28.2 of the Code of the Russian Federation on Administrative Offenses in the Protocol of Administrative Offenses

The date and place of its compilation, the position, surname and initials of the person who compiled the protocol, information about the person in respect of whom the case of an administrative offense, surname, names, patronymics, addresses of the place of residence of witnesses and victims, the place and victims, the place, time and event of an administrative offense, article of this Code or law of the subject of the Russian Federation, are indicated. Providing administrative

Responsibility for this administrative offense, an explanation of an individual or legal representative of a legal entity in respect of which the case has been instituted, other information necessary for resolving the case.

According to part 5 of Article 28.2 of the Code of Administrative Offenses, a protocol on an administrative offense

It is signed by an official who compiled him, an individual or legal representative of a legal entity in respect of whom an administrative case has been instituted. In case of refusal of these persons to sign the protocol, as well as in the case provided for in paragraph 4.1 of this article, an appropriate entry is made in it.

In the trial submitted to the court, the administrative offense of 679972 dated 02.21.2014 there is no signature of the person, his

component, namely, on duty on the RSD of the Ministry of Internal Affairs of Russia in the Presnensky district in Moscow, Lisovsky D.V.

These circumstances indicate that in the protocol on an administrative offense it was drawn up in violation of the requirements of the KRFAP.

The circumstances presented above are confirmed by the case materials studied at the hearing, and the evidence of the reverse court has not been submitted.

Thus, based on the requirements of Art. 28.2, 26.2, 26.11 of the Administrative Code, assessing the assumption collected in the case, the court concludes that A.A. Makarov The protocol on the administrative offense of CAO 679972 of February 21, 2014 was drawn up in violation of the requirements of the Code of the Russian Federation on administrative offenses, in connection with which, it cannot be recognized as permissible proof and the basis of evidence of the guilt of A.A. Makarov, in the commission of an administrative offense.

In such circumstances, the court concludes that, in this case, the event of an administrative offense under Article 20.2 of part 5 of the Administrative Code has not been proven.

According to paragraph 1 of Part 1 of Article 24.5 of the Administrative Code of the Russian Federation, the proceedings in the case of an administrative offense cannot be started, but begun

Production is subject to termination in the presence of at least one of the following circumstances:

1) the absence of an administrative offense event.

Under such circumstances, the proceedings in relation to A. Makarov are subject to termination.

Based on the foregoing, guided by Article 24.5, 29.9–29.11 of the KRFOAP of the Russian Federation, court

Decided:

The proceedings in the case of an administrative offense against Makarov Alexei Alekseevich under part 5 of article 20.2 of the Code of Administrative Offenses to terminate on the basis of Article 24.5 of part 1 of the Code of Administrative Offenses of the Russian Federation due to the absence

Events of an administrative offense.

The decision may be appealed to the Moscow City Court through Zamoskvoretsky District Court of Moscow within 10 days from the date of delivery or receipt of a copy of the decision.

Federal judge Korobchenko E.S.