Everyone understands everything

“... You saw that detention began for certain circumstances. Here you are, as an adult, why didn’t you leave right away? ... " - this is the only question on the merits with which today the federal judge Isyuk turned to my client.

Consideration of complaints of decisions of the courts of first instance in cases of detentions on February 21 and 24 continue. Two days earlier, the so -called “sculpting” also took place with respect to another of my client. Moreover, in two decisions made by two different judges - Khomyakova and Andriyasova.

None of the judges were convinced by the clear absence of a composition, but the very possibility of initiating the case, confirmed by a letter of the General (for Mine) Prosecutor's Office of the Russian Federation, nor the property status of the accused (salary-20 tr), nor the marital status of prosecuted (large family-three minor children), nor the decision of the Constitutional Court of the Russian Federation No. 4-P, which states that the lack of possibilities of the Code of Administrative Offenses of the Russian Federation sentenced to 20.2. “Below the lower limit” - “does not allow the most fully taken into account the nature of the offense, the property status of the offender, as well as other circumstances that are essential for the individualization of responsibility and thereby ensure the appointment of fair and proportional punishment”, and that “until the appropriate changes to the Code of Administrative Offenses of the Russian Federation, an administrative fine can be reduced by the court lower than the lower limit”.

It is worth noting here that, at least, one of the judges - Andriyasov - is a completely adequate and competent lawyer, moreover, a pleasant person in communication as part of the person’s process - I happened to be convinced of this in those days when Andriyasov was the judge of the Zamoskvoretsky district court of Moscow. But right now, when the adequacy and literacy is worth its weight in gold, when you are most often met by “one big compromise” in the mantle, demand with judges such as Andriyasov and Shemyakin is increasing many times. If for the vast majority of their colleagues “turning on the stupid” is a natural state, then they can’t do this.

Not wanting to fall into hated moralization, I return to the thesis previously expressed - "everyone understands everything." There is no higher court. Everyone should play this role for himself.