UUP OUUP, or how to read your business

Alexey Makarov/Photo: Anna Artemyeva "New Gazeta"

... formally correct, but essentially mockery.

Lenin

Three years ago, I wrote about what an administrative business looks like, what to pay attention to, etc. Since then, some things have changed, so it seems to me to try to make out my job in June 12.

Prelude. At the entrance to the Tver court (for security and frames) there is a list of cabinets. Alas, the office in administrative cases is not indicated there. This is the 5th room on the ground floor. Relatively quickly find you the job, go to room No. 28, where they put them at the table, and Voila - get acquainted. At the same time, they do not require any petitions for familiarization, only a passport.

Comment by a lawyer of PC "Memorial" Denis Shadov:

Sometimes you can run into employees who will say that you need to submit an application for familiarization and only after 5 working days they will let you get acquainted with the case. In such cases, it is better to try to find another employee or employee and ask to get acquainted with the case now. If this does not work out, you should submit an application (“I ask you to provide an opportunity to familiarize myself with the materials of the case in the Tverskaya District Court of Moscow from the materials to bring me to administrative responsibility provided for in Article 20.2 part 5 of the Code of Administrative Offenses of the Russian Federation. About the date and time of familiarization with the case materials, I ask you to notify 7 .................................................................. It is better to have 2 copies of the application: to give one one in 26 room, and on the second, ask the second to put on the acceptance of the application.

So. What documents can be found in the case? Keep in mind that it is obviously thicker and more complete than what you saw in the ATS.

1. The cover of the case. It has a lot of important handwritten drops and stamps - the date of entering the court (I have on June 23), the litter about which judge is “painted” the case (I have Vinogradova Lyubov Evgenievna), from whom the case came (I have the South Tushino ATS) ...

2. Internal inventory.

3. The UUP OUUP report ... How Kim sang, "I cannot love the abbreviation that I am not able to pronounce." In general, a report on the police department of the police department that is seen an offense and the case is sent to the Tver District Court.

In this report, as if summing up police reports, protocols on administrative detention, delivery and offense, a lot of things.

Firstly, a completely classic situation when the wrong time of detention is indicated.
Secondly, the wrong address is indicated (Tverskaya, 17)-this place was blocked, and I could not be there, but was detained at all on Tver Boulevard. But for ships these are trifles. In 2014, we proved to the judge that the addresses that were allegedly detained on the arena simply did not exist. Nothing: the judge called the policeman and asked to poke a finger at the map, to the place where they detained me - and she was satisfied with this.
Thirdly, slogans. As a rule, someone makes the “fish” that the police use in reports (by the way, try to find at least some differences in them, except for the surname), and then everyone is attributed to the same action. In this case, that everyone shouted "Putin - a thief."

4. "Definition on the transfer of the materials of the case by jurisdiction." This type of documents is interesting in that he is signed by the head of the police department. That is, in fact, the heads of all Moscow ATS are somehow involved in political persecution.

5. Next is the main document - a protocol on an administrative offense. Well, everything is standard there: Article 51 of the Constitution, police officers, at my request, were explained. But what is wonderful - where the “explanations of the involved” should be, the policeman himself told me to write: “I do not agree with the detention ...”. That is, everyone understands everything, but play these pieces of paper.

6. "Explanations." It seems that there were no such type of documents before: we wrote everything (or did not write) right in the protocol, and here the text of Article 51 of the Constitution (in order not to speak once again), and Article 17.9 of the Code of Administrative Offenses of the Russian Federation about the responsibility for obviously false testimonies, which has nothing to do with it, because I am the accused, and not a witness, an expert, etc. (Article 51 of the Constitution, which was explained to me above ...)

7. Further interesting. There are several sheets with copies of my documents, among which not only a photocopy of my current passport, but also the printout of the old, passed 12 years ago!

And a certificate from the IBD-r (a single automated integrated system of processing operational-search and other information).

And a certificate from the SPO SK AS "Russian passport".

In general, they established and overwhelmed my personality. Installed. Previously, there was only a photocopy of a passport, if I remember correctly.

The funniest: for some reason they write that I have a passport invalid.

By the way, among the requested pieces of paper is a photocopy of your application with a request to issue a passport. You may not remember, but there it was necessary to indicate the name of the parents, so keep in mind that this information will also be in the case.

It is strange that they do not request a place of work - but are I really working there?

8. Next, the delivery protocol follows. It is important here to fix the time of detention, the time when the car carrier arrived in the ATS, and the time when you were physically entered in the police department. Three hours, alas, begin from the moment of registration of you in the journal at the duty officer in the police department.

9. Time! Pay attention to it. For example, I have delivery - 18:10, and taking the explanation - 23:35, that is, 3 hours provided for by the Code of Administrative Offenses, exceeded 1.5 times! Article 20.2 part 5 does not provide for administrative arrest, which means that the time of detention cannot exceed 3 hours.

If I saw these materials in time, I could have sued the police (there is 3 months there).

Denis Shadov comment:

This is a curious question. Theoretically, we can appeal the actions of police officers in the framework of administrative production, i.e., by means of filing an administrative claim. However, we have no confidence in the appropriateness of this action. The ECHR does not need to appeal the actions of police officers in separate production, and in Russian courts, practice is not inspiring. In addition, when filing an administrative claim, it is required to pay a state fee of 300 rubles, as well as 150 p. When filing an appeal and two cassations. In addition, administrative production can stretch for quite some time. Only a lawyer with a higher legal education can be a representative in court.
At the same time, this is a means to restore your rights, and it can be used.

But now I can still write a complaint to the head of the police department with a request to bring to the disciplinary liability of the police, as well as to the prosecutor's office. The text of such a complaint will be published in the following material, however, it must be noted that the filing of such complaints can attract undesirable attention of the police, so consult with human rights defenders before that.

10. Further there are police reports for a carbon copy. Interestingly, before they seemed to have not written that "he knew about the absence of proper coordination." In theory, it is necessary to call the police in court and interrogate them, where did they get the information, what did I know (which means my actions were intentional)?

11. Then the explanations of the police. Regardless of the circumstances of the detention, two write (of course, not those who detained, although in theory they should be). It seems that they had not written before that he “did not have active resistance” during the detention. Instead of the passport data, they have “MKV” (tokeon number). Explanations are absolutely identical.

Denis Shadov comment:

The explanations of the police are interesting in that they must be signed that the policeman is warned of liability for giving false testimony. If there are no such signatures, then the judge is obliged to either call the policeman to the court for interrogation, or exclude the explanations and report of the policeman from the materials of the administrative case. If the judge refused to call two police officers, and in their explanations there are no signatures of a warning for liability for giving false testimonies, then a written request should be submitted to exclude explanations, reports of police officers from the case file, as well as the exclusion of a protocol on an administrative offense, as based on unacceptable evidence. The exclusion of the protocol on an administrative offense means the termination of administrative persecution. The judges, of course, do not go to this, but in such cases they are more willing to call the police interrogation.

12. Further interesting: documents begin, proving that the rally on the gun was not coordinated and there were no public events in the Central Administration at all (hmm, but a huge festival?).

Denis Shadov comment:

The Festival "Times and the era of June 12" is not a public event in the terms of the FZ-54, it is a cultural event. Its goal was not the formation and expression of public opinion.

Then there is detailed paper, who should do what from officials in connection with the agreed rally on Sakharov Avenue - providing toilets, cleaning, ambulances, etc. In 2014, it was also so - they requested whether the event was agreed, and therefore, according to the idea of the authorities, it can be dispersed.

13. A new type of documents is a protocol on the consent to the SMS notification of the court. Here, let the lawyers say whether he has legal force or not.

Denis Shadov comment:

If such a document is signed, then the notification on SMS is considered appropriate. If the wrong number is indicated there, then it will not be possible to appeal to the fact that a person was not properly notified.

14. A receipt about familiarization with the case file. I always disagree. I cannot be familiar with the whole thing, because, for example, correspondence with the Moscow government is dated June 13. What I will see in the police department is not the same as I see in court.

15. Well, then all sorts of service pieces of paper - they sent you the case, thanks, accepted the case, start the work, appoint a court session ...

16. Further an interesting document is all sorts of mail things: when they sent a legal notice, whether or handed back. Jewish colleagues say that I was properly notified, so you won’t complain about it.

17. And finally, the court ruling itself. They wrote, well done, details for payment (they are far from always writing).

Denis Shadov comment:

With the details, a strange story. Each payment document, the funds from which they enter the budget, must be assigned a unique number - Uin. For some reason, the courts do not assign such numbers and do not indicate them in the details. Some banks do not accept such payments. In these cases, we recommend that the bank take written confirmation that they cannot make a payment for these details. Remove a copy of this confirmation and submit it to the 26th office of the Tver court with a statement that the court gives out full details for payment. An application in duplicate, one of which with a mark on acceptance should be carefully stored. Further two options: the court will never give you the details, and you will not pay a fine, and in which case you will have confirmation that you tried to pay and asked the court to give full details; Either the court will give you full details, and you can pay a fine without problems. It is worth remembering that our practice is such that literal observance of the law does not guarantee us anything. It is possible that the court will not give you the details, but will send the case to the bailiff who will search for your accounts and write off the amount of the fine, or, if the amount of the fine is more than 10 tr, sends the decision to ban exit abroad. This can all be appealed, but it will take time.

However, it turns out that I was convicted of "slogans of thematic content." So. Were afraid to write that Putin is a thief?