Translated material
Money forward
The leader of the Party of Progress Alexei Navalny refused to go to court for the re -process in the Kirovles case. The politician wrote about this on his blog.
The judge of the Leninsky district court Kirov Alexei Vtyurin appointed the first meeting on December 5, Navalny’s lawyers told the court. “Moreover, the preliminary hearings laid down according to the laws again rejected - this was one of the violations with which we went to the ECHR, where we won,” the politician notes.
“I must inform everyone, first of all, to the Lenin court and Judge Vtyurin that on December 5 I can’t participate in the meeting. I don’t have such an opportunity because of the illegal actions of the executive and judicial power,” Navalny writes. “I can’t appear to the process, since I have not been returned to the money spent on the first process according to the law. And no one even tries to pretend that something will be returned to me.”
As Navalny notes, he was still not paid by the awarded ECHR as compensation for the first process of Kirovles 48 thousand euros, "including documented expenses for lawyers, tickets to Kirov, hotel accommodation." In addition, in accordance with the first sentence, Navalny paid a fine of 500 thousand rubles. Although the verdict has been canceled, this money was not returned to the policy.
In the court in the case of Kirovles, Navalny recalls, his lawyer Olga Mikhailova will also have to participate. However, now she is busy in the process of the murder of politician Boris Nemtsov in Moscow. “The second lawyer, Vadim Kobzev, also has business and current processes,” Navalny noted.
Navalny proposed to Judge Alexei Vtyurin three options for his participation in the process: “A) I participate in a television conference; b) the court pays me an arrival (I remind you that in the case of Yves Roche witnesses already from France was taken from the budget); c) the judge takes legal measures and brings me an illegally collected fine.”
On November 16, the Presidium of the Supreme Court abolished the sentence to Navalny and businessman Peter Officer in the Kirovles case ( 
"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," Navalny wrote then. He stated that he intends to pay attention to the Committee of Ministers of the Council of Europe to the decision of the Armed Forces.
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.
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.