
During the debate in the Krasnogvardeisky District Court of St. Petersburg, the prosecutor asked to be sentenced to five years in a strict regime of political prisoner Vladimir Tymoshenko, accused of spreading an extremist text from a colony. This was reported to the "Franes" by the lawyer of "Agora" Vitaly Cherkasov, who represents the interests of the accused.
The 44-year-old native of Kislovodsk Tymoshenko is charged with the excitement of hatred for the social group "Employees of institutions and institutions of state power" (part 1 of Article 282 of the Criminal Code).
“I asked to justify my client due to the lack of a crime in his actions,” Cherkasov said. “Based on the position of respected specialists in the field of sociology and political science and the previously prevailing law enforcement and judicial practice, we are sure that officials do not form a social group. Therefore, there is no qualifying sign - excitement of hatred and enmity to the social group. The social group in the context of articles 280 and 282 of the Criminal Code, and Vladimir Tymoshenko should not be punished in criminal order for expressing opinions on the Internet, as if his position did not like it. "
According to the plot of the case, in January 2015, serving a period of seven and a half years in IK-9 strict regime in the vicinity of the working village of the Parfino Novgorod region, Tymoshenko dictated the text about the “situation in Ukraine”, “power repressive-in charge of Russia and Vladimir Putin. The bride at the request of the prisoner published on his behalf this text on the social network "Vkontakt".
Tymoshenko was detained in St. Petersburg on December 23, 2016, less than two weeks after release from the colony. The investigation was conducted by the city headquarters of the TFR. The department set out the plot of the case differently than the lawyer. It was argued that the text for which Tymoshenko was persecuted was published not on his personal page, but in a certain VK community. On the other hand, the “social group” was outlined in the department’s message: “law enforcement officers.” At the same time, it was stated that the “acquaintance of Tymoshenko” was not aware of his criminal intent. ”
On June 26, at the first meeting of the court, on the merits of the case, Tymoshenko did not plead guilty . Politzeck contains "Crosses" in the St. Petersburg pre-trial detention center.
In the first case, Tymoshenko was detained on June 11, 2009. He was charged with preparing to undermine the walls of the Novgorod Kremlin during the Hanseatic Days of the New Time festival, which was held in the city on June 18-21 of the same year. It was stated in the apartments of Tymoshenko in Novgorod, as well as in Kislovodsk, from where he was from, the security forces found homemade bombs, explosives, ammunition, pneumatic weapons and extremist materials. The explosion was declared in the case, the accused wanted to draw attention to the problems of "Russia and the Russian people."
The investigation was led by the FSB. Tymoshenko was charged with part 1 of Article 30 - Part 1 of Article 205 (preparation for the attack), part 1 of Article 222 (illegal turnover of weapons) and part 1 of Article 223 of the Criminal Code (illegal manufacture of weapons).
The process was led by the board of the Novgorod regional court under the chairmanship of Alexei Gruchanichenko. At the very first hearing in essence, held on December 2, 2009, Tymoshenko pleaded guilty. On May 26, 2010, he was sentenced to five and a half years.
Meanwhile, in 2011, Tymoshenko was delivered to Kislovodsk and there were re -condemned under Articles 222 and 223 of the Criminal Code, imputing the same episodes as in Novgorod. This sentence of the prisoner was increased by two years.
The argument that officials of the social group do not form is actively used by Agora lawyers in extremism. In the case of a resident of Tver Shamil Kazakov, lawyer Svetlana Sidorkina was in this way to ensure that the 282nd article was excluded from the prosecution from the prosecution. Meanwhile, in the case of Taganrozhenka, Elizabeth Tsvetkova, this argument to lawyer Yuri Chupilkin did not help - the charge with his client was not removed.