"The case will go to court - you will not prove anything"

Muscovich Ruslan Shamsuarov and Ruslan Sardalov from the village of Tambovka, the Kharabalinsky district of the Astrakhan region, almost peers, one 21, 23. Both of them were accused of the same crime - as a dangerous for the life of violence in relation to representatives of the authorities. But Ruslan Shamsuarov, a participant in the famous last year's race on Gelendvagen , turned out to be the son of the vice president of Lukoil and was justified according to the main episode. And Ruslan Sardalov, the son of an ambulance, received four years of general regime and spent a year in a pre -trial detention center.

“If the police are involved in the case, then it is impossible for an ordinary person to prove anything: the judges only stamp the accusations, without delving into anything,” Moskvichka Svetlana Kurbatova is convinced, who has been proved for four years that the accident that she had been accused at all was not at all.

Haded with a slight fright

As golden youth is resting in Moscow, it was possible to observe live. On the morning of May 22, 2016, Shamsuarov Jr., along with two friends and a girl, returned from a nightclub. He drank it in the institution, so he launched a friend behind the wheel of his "Gelendvagen", he rode a passenger himself.

On Leninsky Prospekt, the driver accelerated to 200 kilometers. The police tried to stop them, but as a result, the chase in the streets, courtyards and sidewalks lasted almost five hours. All that took place were broadcast in Periscope, commenting on what is happening with obscene expressions and insults to police officers. The broadcast did not stop even after the Gelendvagen still managed to detain.

"Major Race" greatly angry with the leadership of the Moscow police

This "Major Race", as it was christened in the media, greatly angered the leadership of the Moscow police. The then head of the Central Internal Affairs Directorate Anatoly Yakunin ordered his employees "once and for all to end this lawlessness from the golden youth, who wanted to spit on the population, to Muscovites." As a result, all participants in the race were given 15 days of administrative arrest, and the girl who turned out to be the famous Strezier Mara Baghdasaryan received 10 days, in March of this year, the court deprived her of the driver’s license forever.

The criminal case against the participants in this scandalous race on different articles tried to initiate several times. As a result, they were accused of applying a dangerous violence for the life of government, the prosecutor’s office insisted on real deprivation of liberty. However, the Majorov court justified, referring to the fact that the investigation did not prove the intent to commit this crime ( and the subjective side under Article 318 of the Criminal Code of the Russian Federation should be characterized by direct intent. - RS). As a result, the Street Retrays, by and large, escaped with fright: they were sentenced to compulsory work, the "Gelendvagen" of Shamsuarov Jr. confiscated.

"I was afraid that they would substitute us"

Ruslan Sardalov is not a “major”, but an ordinary hard worker, one brings up a young son. The village of Tambovka, in which he lives, is considered large, about five thousand people. There are 13 kilometers to the district center of Kharabali here.

“We moved from Chechnya to the Astrakhan region in 1979, I was still a minor then,” says Father Ruslan Amran Sardalov . - They lived like everyone else, built, worked. Problems appeared when the war in Chechnya began, the first. 16 operatives came to me home, arrested for two months, tried to blame the militants. As a result, they promised to settle the case for a large amount. We then sold everything, and I was released. He worked on a Kamaz, which then moved to Ruslan, a car of this already about 20 years. He was on it tomatoes, watermelons, the forest drove, in general, everything that would be asked.

The accident, which was found guilty of Ruslan Sardalov, occurred at night in June last year. He sat in a local bar and drank, after which he got behind the wheel of his KAMAZ to go home. Already at the exit on the track, the pursuer of a traffic police car began, demanding to stop.

"The driver of KamAZ, who was moving along the road from Volgograd to Astrakhan, ignored the requirements of the traffic police inspectors to stop and did not stop. As a result, the freight transport at full speed crashed into a police officer. Such information with journalists shared in the press service of the Office of the RF IC for the Astrakhan region," wrote in the local media .

After a collision with a truck, the DPS car looked like this.

And Kamaz, behind which Ruslan Sardalov was the wheel.

“Our police officers have this way of earnings: they scare the drivers near the bar, and then stop them to“ solve the issue, ”says Victor, a resident of Tambovka. - I heard that we have 50 thousand rubles to “resolve the problem”. The guard is usually a policeman, he also calls an outfit.

Amran Sardalov sighs heavily. Yes, he confirms, they also came to him after the accident that "settle the case." During the persecution, the police car flew to the ditch, the police received, according to forensic medical examinations, bodily harm, non-hazardous to life.

“I didn’t even go into details, because I was afraid that they would be set up,” the father explains. - Ruslan disappeared from the scene of the accident, appeared in the police in the morning, he was fined - a total of about 35 thousand rubles were paid and released. A barely noticeable scratch remained on the KAMAZ after the hit of the patrol car and nothing more. And at first the bumper was removed from the police, and after a few days he was again hanged, already all the beaten.

Ruslan was arrested and accused, as well as Major, Shamsuarov, as a life -threatening violence in relation to representatives of the authorities. According to the prosecution, he "moving on Kamaz applied to the traffic police inspectors DPS DPS DPS and Turalyev a life-threatening violence, in connection with the performance of his official duties, namely, he collided through the intentional arrival of the Lada Prior brand, as a result of which their car was thrown beyond the roadway of the road track "Volgograd Astrakhan".

How accurately this accident happened, and remained a mystery to this criminal case, since the Priora has circular damage.

The accident mechanism is still incomprehensible

- Initially, the collision occurred with the left side of KamAZ with the right (passenger) side of the Priora. Then, as all participants in the accident say, including Ruslan Sardalov, the Prior was scrolling along the front of the KAMAZ, and she flew to the ditch on the right side of the road, says Sardalova’s lawyer Stanislav Bareev . - The accident mechanism is still incomprehensible to me from the point of view of the fact that Sardalov deliberately ran into them, since in this case he had a real opportunity to drive them on the roof of the Priora, or from the point of view of a conventional accident. Such an environment of the "priors" around KamAZ can only be explained by the fact that she caught up for KamAZ with something and could not tear herself away from him. But in general, the mechanism is unknown. It is impossible to establish whether a collision was connected with the state of the road surface, the technical condition of vehicles, etc., since the investigation refused to prescribe such an examination.

The main evidence in the case was a ten -minute fragment of the recording of a video recorder of a police car. However, the “collision” of cars on it is not recorded on it, KamAZ and its trajectory are not visible. One of the victims, Turals, at the trial could not even describe how everything was, explaining that everything happened so quickly that he did not see him.

All these violations should be recognized as unacceptable evidence, but the court in general ignored them

In accordance with the Code of Criminal Procedure, it was necessary to withdraw this record with the participation of a specialist, which was not made: the recording of the disk was copied by the victims themselves and brought the investigation. The recording itself was processed by a special program and was divided by time, the original video recording was not even removed. The inspection protocols were made without the necessary measurements and a detailed description of the roadway, the police "prior" was not even examined at the scene of the accident, the car of Ruslan Sardalov did not inspect at all and did not give any procedural status to it. In accordance with the Code of Criminal Procedure, all these violations should be recognized as unacceptable evidence, explains Bareev’s lawyer, but the court ignored them at all.

Now let's get back to Art. 318 of the Criminal Code of the Russian Federation, by which both Ruslans were tried. One of the prerequisite for criminal liability, as the Supreme Court of the Russian Federation repeatedly indicated, should be evidence of the existence of a defendant to use violence in relation to traffic police officers. A person, committing such a crime, not only foresees the onset of socially dangerous consequences, realizes that they are directed against representatives of the authorities, but also wishes to the offensive.

“Not only that the basis of the sentence was the unacceptable evidence, but not a single evidence of the availability of direct intent from Sardalov,” says lawyer Bareev.

Ruslan Sardalov was sentenced to four years in prison, for almost a year he had already spent in the investigative insulator. His son is brought up by grandparents. The representative of the Golden Youth Ruslan Shamsuarov became more accurate in social networks with scandalous videos. By law, he can even redeem his “Gelendvagen” at official auction, which have not yet been appointed.

"I did not believe my eyes"

The answers of government agencies, examinations, requests and answers have been wearing several kilograms. When a resident of Zelenograd Svetlana Kurbatova lays them on a table in a cafe, there is no free space.

For four years now, she has been trying to prove that the accident, for which she was condemned and deprived of his rights for a period of one year, was not at all. Having collected all the possible evidence of her innocence and having already gone through all the courts, she was convinced by her own example what traffic police officers immediately told her: to agree better on the spot. If you do not want to resolve the issue now and the case will go to court, you will receive a conviction, because there are no others at all. And so it turned out in practice. Each new judge, up to the Supreme, only confirmed the decision of the first instance and did not want to delve into the essence of the matter.

This happened on the afternoon of June 17, 2013, Svetlana returned from an examination from the medical center. She was already approaching her house in Zelenograd, when she was a golden “Nissan Cartrol” in front of her. A man was sitting behind the wheel. He rode very slowly, and Svetlana decided to overtake him. She blinked the turn signal of her silver “Nissan Tian” and added gas, there was enough space for the maneuver. "Patrol" rode further until she turned into her yard. Three days later, on June 20, they called her from the traffic police and asked to come to the department. According to them, on June 17, when rebuilding, she collided with the Nissan Patrol car and, violating clauses 2.5 of the traffic rules, disappeared from the scene of the offense.

In the department, she saw the very man whom she overtook on the way home. At the same time, she was presented with several documents allegedly confirming her guilt. Among them there was a record from the DVR of the driver of "Patrol", a certificate of accident from June 17 and a scheme for an accident from the same number.

You are better now to get everything, before the trial. The case will go to court - you will not prove anything

“I read all this and did not believe my eyes,” Kurbatova recalls. - Here is my car, there is no damage on it, but should be fresh if I really cut it as it is written in the documents. I did not have any reason to hide from the scene of the accident: I had OSAGO and CASCO, I was traveling from the medical center during the day. I asked the "victim": why does he need all this and what does he want from me? He replied that he needed a bumper to repair, on the street I saw his car, she was worn out of all sides. “You’d better suck everything now, before the court,” the department’s employees advised me. The case will go to court - you’ll still not prove anything. ” In general, they were actively "hinted" so that I would give them a bribe and decide everything in place. But the fact is that I am a principled person, I don’t give bribes, if I violate the traffic rules, I demand to write a protocol and pay a fine. In addition, what should I pay for if the accident was not at all? I had no doubt that I would prove in court that the accident was fiction, since it really was not.

The "affected" owner of Nissan Patrol "turned out to be a former police officer, the ex-head of the 2nd department of the Zelenograd Internal Affairs Directorate, Major Alexander Stepanov. From the organs he was fired just for an accident in severe alcohol intoxication, depriving before that rights. The recording from the video recorder, allegedly testifying to the collision, turned out to be less than a minute, it was provided by Stepanov himself, the record was not even seized in full. On this entry, however, it is only clear that the “Nissan Tiana” jumps out in front of the “cartridge” and goes on. The very fact of the collision is not there.

As another evidence, she was presented with a small scratch behind the bumper on her car, according to the accusation, she remained after a collision with Patrol. According to Svetlana, this scratch appeared in the winter of 2014, when she handed over back to the country and drove into a flowerbed. She herself smeared her with silver paint six months ago. The woman invited Stepanov to do a traceological examination at her expense. At first he agreed, then he changed his time several times and, as a result, did not provide the car for examination. As a result, the examination was done from photographs and papers that were in business.

Further, Svetlana began to check the rest of the documents that were in her case. So, for example, it followed that Stepanov after a “collision”, as it should be on the traffic rules, immediately stopped and called the traffic police. However, Svetlana saw how he was driving after her, is this possible? She drove along the same route again: literally a hundred meters from the "accident site" there is a camera of round -the -clock video surveillance, fixing everything that happens on a circle, where they left allegedly after an accident. This video clearly shows that at first Tiana is traveling Kurbatova, and after her, with a difference of a couple of seconds, Stepanov’s “cartridge”. However, the judge of the Zelenograd District Court of Moscow Grivko considered that the explanations of Kurbatova and the expert study provided by it should be taken critically, since the explanations of the offender and the expert study are completely refuted by the recording from the DVR, which objectively testifies to the events that occurred at the scene of the accident, and not trust the testimony of Stepanov’s witness no reason ”(here ( here And then quotes from court documents and materials of official inspections. Judge Grivko found Svetlana guilty and deprived of his rights for a year.

She received the rest of the documents of her innocence in her hands, as she achieved checks in the Investigative Committee of the Investigative Committee and the Prosecutor's Office. She does not even want to remember how many nerves and strength it was all worth it.

GLONASS showed that the crew of the traffic police, allegedly traveling on the call and drawn up documents at the scene of an accident, did not go there at all

So, the checks showed that there was no incident from the incident from Stepanov’s call to number 112 at all, although about this time, which was recorded in the documents, was a statement by a certain Mr. Tokmakov. What kind of person is it and what he has to do with an accident in which Svetlana was accused, the investigation could not be found out. Also, the investigation confirmed that Stepanov "the place that the accident was called, left." Moreover, "the driver Stepanov gave knowingly false testimony of a witness when applying for an accident that form an administrative offense."

The inspectors requested objective control data (GLONASS), which are equipped with DPS machines. And Glonass showed that the DPS crew, who allegedly traveled on the call and issued an accident, was all this time on a safe triangle and did not go anywhere at all. The photographs of the official design of the traffic police on fixed coordinate systems were requested, and they did not coincide with photographs of the detachment of an accident that were submitted to the court. A fragment of video recording from the registrar presented by Stepanov is accepted with procedural disorders and cannot be proof. Several examinations and a comprehensive conclusion of experts showed that "the events of the accident, which Stepanov stated, was not there, and the evidence on which the judge’s accusation is not based are such."

I do not think that I spent these years in vain

- Stepanov worked for a very long time in the police and knew everyone in the city, so all these subloves became possible. According to the results of the checks, all those involved in the composition of these "evidence" received "by a hat: someone retired ahead of schedule, someone was imposed on someone, although, by and large, for such cases they must be driven from the organs with a filthy broom, says Svetlana. – Но я не считаю, что потратила эти годы напрасно, хотя все мои друзья и знакомые много раз советовали мне плюнуть на все: ну зарабатывают так ребята, многие ведь пытаются "уладить", все равно ничего ведь не докажешь. Нет, это неправильная постановка вопроса. Я считаю, что если бы каждый, с кем обошлись несправедливо, шел до конца и выводил таких "правоохранителей" на чистую воду, они бы не действовали так нагло и невиновных осужденных было бы гораздо меньше. Но, когда я только столкнулась с этим, я не подозревала, что с судебной системой у нас все настолько плохо. Потому что ни одна судебная инстанция – а я прошла и Мосгорсуд, и Верховный суд, остался только надзор Верховного суда – даже не пыталась вникать в жалобы и собранные доказательства. Или хотя бы посмотреть документы.

Таких, как Руслан Сардалов и Светлана Курбатова, кто разуверился, что в судах можно добиться справедливости, в России становится все больше. По данным "Левада-центра", доля тех, кто для защиты своих прав намерен обращаться в суд, за последние два года снизилась с 22 до 16%.