Again unhealthy

The Presidium of the Supreme Court abolished the verdict to the leader of the party of progress Alexei Navalny and businessman Peter Officer in the Kirovles case. This is reported by Interfax.

"The verdict of the Leninsky District Court of the city of Kirov in relation to Navalny Aleksey Anatolyevich and Officer Peter Yuryevich to cancel, to send the case to the same court for consideration in the new composition of the court," the presidium said, which is announced by the results of the consideration of the submission of the Chairman of the Supreme Court for the verdict in connection with the decision of the ECHR.

"The Presidium of the Supreme Court actually refused to fulfill the decision of the ECHR: they did not stop the case, but sent it for a new consideration," the politician wrote . Navalny intends to draw the attention of the Committee of Ministers of the Council of Europe to the decision of the Armed Forces.

Deputy Prosecutor Governor Nikolai Vinnichenko suggested resuming the proceedings, but to leave the sentence. According to him, it is necessary to take into account the decision of the ECHR, but the conclusions made by the court do not find confirmation, and the noted comments do not affect the sentence. Navalny’s lawyer Olga Mikhailov asked the court to decide on the termination of the case due to the lack of corpus delicti.

“This case, like other criminal cases, were falsified in order to impede my political activity,” Navalny said at the meeting. “This political context is stems from all my administrative arrests, from the case of Yves Rocher, which I will also win in the ECHR.”

Video Nikolai Kasyan:

Navalny immediately after a meeting in the Supreme Court. pic.twitter.com/sypejfvl2x

- Nikolay Kasyan (@nik_kassian) November 16, 2016

On February 23, it became known that the ECHR decided that during the consideration of the Kirovles case in 2013 , the rights of the accused Navalny and Officer to a fair trial were violated (Article 6-1 of the European Convention on Human Rights). The court decided to pay the convicts of 8 thousand euros compensation for damage. They also compensate for legal costs - 22 and 48 thousand euros, respectively.

“The court found that as a result of the allocation of a criminal case against an accomplice of the theft accused of conspiracy with the applicants and his conviction in the order of special proceedings, the applicants were deprived of significant guarantees of their right to a fair trial,” the document was noted. “In addition, the Russian courts found the applicants guilty of a crime that consisted of committing actions irreversible from legal entrepreneurial activity; In other words, an arbitrary interpretation of the law was allowed in violation of the rights of the accused. "

In addition, the ECHR noted that the charges against Navalny were related to his social activities. “It is obvious for the European court, how should it be for domestic courts, that the public activity of the first applicant and the decision of the Investigative Committee are connected against him. That is why the duty of the national courts was to carefully investigate the approval of the first applicant about political pressure and decide whether, despite this connection, the true basis for holding it is accountable,” the court was noted.

Russia challenged the decision of the ECHR. However, on July 5, the Strasbourg court refused to transfer to the Great Chamber of the Russian appeal. Appeals. Thus, the decision of the ECHR has entered into legal force , and the Supreme Court has an obligation to revise the verdict in the Kirovles case.

“We welcome the current decision of the ECHR, and now definitely the verdict on Kirovles should be canceled, and Navalny and officers are justified,” Mikhailova said.

“Thus, the legal fact:“ The Cirules and the Court ”and the Court is a politically motivated factory and fake,” Navalny himself wrote. “Once again, thanks to everyone who supported us with the officer during the process.”

On September 20, the Kirovles case was received by the Presidium of the Armed Forces along with the resolution of the ECHR. On October 24, the Supreme Court appointed a review of the Kirovles case and handed over the case materials to the judge to prepare a report to the Presidium of the Armed Forces.

On October 16, 2013, the Kirov Regional Court sentenced Navalny to five years conditionally with a fine of 500 thousand rubles on charges of embezzlement of the property of the Kirovles enterprise. He received four years conditionally, also with a fine of 500 thousand. On July 18, the Leninsky District Court Kirov appointed Navalny and Officer the real terms, but the regional court, when considering the appeal, replaced the sentence with the conditional.

At the same time, the prosecution was largely based on the testimony of the general director of Kirovles Vyacheslav Opalev. He concluded a pre -trial agreement, so the consideration of his case was without studying evidence. The court sentenced Opalev to four years conditionally. The verdict entered into force in December 2012.