"More than three are dangerous"

The head of the Council of Deputies of the Krasnoselsky district, Ilya Yashin, sued the mayor of Moscow Sergei Sobyanin. In his opinion, the capital's authorities violate the rights of local self -government and forbid to hold the holiday "Day of Free Elections" on December 24 in the Krasnoselsky district. Last week, the Moscow City Hall called Yashin's plans to hold an event in the city center "Provocation". The opposition politician Alexei Navalny called on to take part in the festival.

Ilya Yashin announced the intention on December 24 in the Lermontovsky Square "Day of Free Elections" on the Constitution Day, December 12. The opposition noted that in the last elections in Moscow - in September of this year - the election committee "from the hands of the bad ones" informed people about the elections and candidates, so now, on the eve of the presidential campaign, it is necessary to tell people more actively about the elections. It was for this purpose, according to Yashin, it was decided to organize the action on December 24.

Ilya Yashin

The Moscow authorities a few days later said that Ilya Yashin did not agree on the event. The head of the regional security and counteracting corruption department, Vladimir Chernikov, in an interview with the TASS agency, called the action "Insinuration and provocation", since, according to the capital's authorities, the opposition, under the guise of a cultural event, plans to hold a mass action without coordination of authorities, which violates the law. The prosecutor's office issued a warning to the head of the Council of Deputies of the Krasnoselsky District on this subject. Ilya Yashin approves the opposite - according to the law, the decision on the event is made by the Council of Deputies of the district, and the permission of the city hall is not required for this.

On December 18, Ilya Yashin filed a lawsuit against the Tagan court on the intervention of the city hall in the powers of local self -government. The defendants in the lawsuit are the mayor of the city Sergey Sobyanin, as well as the head of the Moscow Security Department Vladimir Chernikov and the deputy prefect of the Central Administrative District Sergey Travkin. Ilya Yashin also held a single picket near the building of the Central Election Commission of Russia with a demand to "force Sobyanin to respect the law."

In an interview with Radio, Freedom Ilya Yashin spoke more about the action on December 24 and about court claims against the Moscow authorities:

- The Moscow City Hall in a rude way interferes with the powers of local self -government and puts pressure on the Krasnoselsky Council of Deputies with the help of its regional security department, using the prefecture of the Central District, as well as with the involvement of the philistine inter -district prosecutor's office. Over the past week, we were subjected to significant pressure, primarily administrative, which, unfortunately, risks developing into force pressure, judging by the warning that the representative of the prosecutor's office, Lieutenant Colonel Tarasov. In this regard, we demand from the court to protect the rights and powers of local self -government.

Typically, these holidays are organized in the form of "two tributaries of three signs" and are devoted to the holiday of cheerful jam, so there is no opposition from the mayor's office

I insist that our actions are absolutely legal. We are in force within the framework of the Law on the Organization of Local Self -Government in the city of Moscow. And this law gives us the right and powers to organize local and district holidays. In Moscow, there is even the current practice of applying this law, when district holidays are organized without any coordination with the mayor, because the law does not require this, and without any opposition to the city hall. Why is this happening? Because usually these holidays are organized in the form of "two tributaries of three gateways" and are dedicated to the jam festival, the holiday of cheerful jam, and so on, so there is no counteraction from the city hall. But when we tried to organize a festive event dedicated to a really important social topic in order to inform voters about their constitutional rights, we immediately began to write out warnsions, threaten through the media. I, as the head of the municipal district, obliged to protect the rights of local self -government, demand from the court to protect our rights, protect our powers.

Detention in Moscow on November 5, 2017

-You mentioned the law by which the Council of Deputies is not obliged to somehow agree on a holiday with the mayor. What is the mechanism of conduct? Is the city hall not participating at all?

- A plan of measures is formed, which is approved by the decision of the Council of Deputies. Within the framework of this plan, specific measures are approved, a date is set by the decision of the Council of Deputies. A program is being worked out on a social policy commission. And one of the deputies, as a rule, the head of the municipality, is instructed to hold organizational measures so that it takes place. At the same time, if this is a street event (the law does not require this, but there is a current practice), an information letter is sent to the prefecture. We did this simply so that there are no linings, that is, roughly speaking, so that the city hall would not agree on any rally for this day and would not arise a legal conflict that there is one agreed event and for the same time another event was agreed. Therefore, we sent an information letter, which the prefecture was illegally regarded as an application for a rally, although there was not a word either about a rally or a request.

- From your point of view, why did the idea of holding such a holiday cause a similar reaction of the authorities?

Sobyanin is learning to the president and tries to clean everything that can be in the city

- This is obvious. On December 24, the president is nominated. It is obvious that Sobyanin is learning to the president and trying to clean everything that is possible in the city - living and inanimate. Moreover, some holiday events organized regardless of the city hall: they cause irritation and attempt to stop all this. I think that in fact, Sobyanin in this way can put Putin a very large pig, because if the real start of Putin’s campaign begins with the detention of municipal deputies, and there will be more than a hundred, as well as citizens on the street, this, of course, will create a very peculiar background for Putin’s campaign.

- What did you plan on December 24? How was this holiday to go through?

- We planned to set the scene. Musical groups were supposed to perform on the stage, representatives of the public, residents of the district, should have acted. We planned to organize information stands that would tell people about their electoral rights guaranteed by the Constitution, and also suggest that they sign up as observers in the upcoming elections. Nothing that can be regarded as an encroachment by an order of magnitude or to safety was not close, and there will be no! If they do not interfere and counteract, then we will hold a good, socially significant, beautiful event.

-Will you somehow adjust these plans because of the position of the city hall?

- And why on earth should I adjust them? I am in my right. I act on the basis of the law. I will exercise my right in accordance with the decision of the Council of Deputies in accordance with my duties. Why should I adjust something? This is the city hall, let his plans adjust. They violate the law, ” Ilya Yashin concludes.

The call of the opposition to on December 24 "Free Elections Day" supported more than a hundred municipal deputies . They published an open letter in which they called for an action:

"Sergei Sobyanin in the Catholic Christmas Eve decided to act as a Greench - the kidnapper of the holiday. We hope that, like the character of a fairy tale, he will change his mind. And if not, then this is not a holiday for him, but for the townspeople. Both by law and conscience we have the right to him," the letter said.

The head of the municipal district of Tverskaya Yakov Yakubovich does not exclude that the Moscow authorities can apply force against the participants of the "Day of Free Elections", regarding it as inconsistent. According to Yakubovich, the Moscow City Hall has a legal loophole to declare that such an event requires coordination:

Yakov Yakubovich

- Now the law enforcement practice of regulatory acts of the Government of the city of Moscow and the mayor of the city of Moscow is such that the authorities are very selectively approaching the coordination of such events. There is an order of the mayor of the city of Moscow dated October 5, 2000 on the approval of the "temporary provision on the procedure for organizing and conducting mass cultural, educational, theatrical, sporting and advertising events in Moscow." At this disposal, there are norms that relate to the mandatory coordination of such events with the city hall of the city of Moscow or with prefectures, if the number of more than 5 thousand people present at this event. It was this order that the prefecture referred to when she refused to agree on Ilya Yashin in holding this holiday. At the same time, this fact itself contradicts both the international legislation and the legislation of Russia, the Constitution, the federal legislation and the regional legislation of Moscow, namely, the 56th law of the city of Moscow on the organization of local self-government in Moscow. Actually, on the basis of this norm, Ilya Valerievich decided along with his deputies to hold this holiday. In fact, what we have today, is nothing more than the obstacle to the implementation by local governments, the Council of Deputies of the municipal district of Krasnoselsky of their powers, which are established by law. But the saddest thing is that the current system of regulatory acts is such that allows the law to violate. The order itself, which determines the procedure for coordinating such measures, is mentioned in Article 3.1 of the Code of Administrative Offenses of the city of Moscow and provides for the liability of an indefinite circle of persons in violation of these rules.

- What do you think, if this conflict is not settled to the event, what options are possible? As I understand it, Ilya Yashin still intends to spend the holiday.

I expect the law enforcement agencies may be applied to violence in relation to the participants in this holiday, but this will be illegal

- Formally, the authorities now have this very order. And despite the fact that it is illegal, they will use it to apply, possibly, some power measures, measures of violence in relation to the participants of the holiday and the deputies. I admit it. We repeatedly observed such actions by the authorities at mass events earlier. We understand what events we are talking about - these are walking along Tverskaya, organized by Alexei Navalny, and other actions, and numerous "strategies 31". I expect that the executive authorities, law enforcement agencies, law enforcement agencies may apply violence in relation to the participants in this holiday, but this, of course, will be illegal. Both here are international laws and legislation of the Russian Federation on the side of deputies. But when this prevented the authorities from behaving as they behaved, that is, by repressive methods to act in relation to any possible declaration of the fact that Russian citizens have quite a lot of rights, and these rights are able to exercise in the form of declarations and statements of their political claims?! - Asks Jacob Yakubovich .

The municipal deputy of the Zyuzinsky district Konstantin Yankauskas in an interview with Radio Liberty discusses why the Moscow authorities prevent the holding of shares in the city center and how the conflict of Ilya Yashin and the mayor's mayor end:

Konstantin Yankauskas

- My colleagues, independent deputies of the Zyuzino district prepared the text of the application in appeal to the mayor of Moscow, in which we demand not to prevent the holiday and the execution of the powers of local self -government bodies, which also belongs to the holidays. Of course, this situation once again demonstrates, firstly, that the city authorities and, apparently, federal authorities, since they are not interfering with it, are not interested in the elections to happen transparently, with a high explicit, that is, with a large percentage of citizens participating in the election. They are interested in the whole well -known result. On the other hand, this situation once again demonstrates that the mayor's office does not respect Muscovites to local self -government at all, that is, it illegally intervenes in the powers of local governments. Moreover, the city hall once again demonstrates that she ignores the will of Muscovites, expressed by them in the municipal elections on September 10. In the Krasnoselsky district, the team of movement "Solidarity", which is headed by Ilya Yashin, won the overwhelming superiority. Citizens Yashin and the team gave the mandate that they in a certain way represent their interests at the level of local self -government, and the city hall says: "We do not respect your opinion. We will be your representatives, chosen direct voting, in every possible way to interfere." Therefore, of course, the situation is outrageous.

-From your point of view, given the whole experience of the previous some opposition actions and attempts to conduct them, what is it worth preparing for December 24?

The city hall is trying to actually ban any socio -political activity in the city

- This is a difficult moment. This is not a rally or march in the classical sense. These are festive events that organize local governments. If there are any actions on the part of law enforcement agencies, an attempt to interfere is a direct violation of the law on behalf of law enforcement agencies. I always try to maintain some kind of optimism. It seems to me that the correct situation would now disavow these statements of the city hall officials that this event is illegal, and let it calmly hold it. The more this situation is pumped, the more these statements, the greater the interest in the event. It is surprising to me that the city hall employees did not understand this for so many years. They just create additional advertising with them with their own hands.

- From your point of view, why does the city hall persist so in her unwillingness to let go? Is she so afraid of the reaction of Muscovites?

- The city hall is trying to actually ban any socio -political activity in the city. The vast majority of rallies are not consistent with us, and not only on some political topics, for example, as a recent action on the Constitution Day or some other events, but we are not consistent with social rallies. In my opinion, in the past or the year before last, more than 100 pickets were not agreed, including non-political ones. The townspeople say: “Leave us a trolley” and want to hold a promotion. But such events are also not agreed. And the possibility of holding some local holidays is the opportunity to somehow return this socially political life to the city. Naturally, the city hall prevents this, because for them, when more than three people gather, it is already dangerous, because everyone begins to scold Sobyanin. They try to make sure that more than three people are not going to. When people scold Sobyanin in the kitchens, it seems more psychologically comfortable to them. But sooner or later, people will come to the polls and still vote against him, ”concludes Konstantin Yankauskas .