Courts mini Serpukhov district

The meeting of the Basmanny Court in the “case of Shestun” calls to question the election on September 9 throughout the Moscow Region

Alexander Shestun on video from the pre -trial detention center. Photo: Vlad Dokshin / "New Gazeta"

So far, the head of the Serpukhov district, Alexander Shestun, speaking in the Basmanni court on video conferences, was catching baldly, but looked exciting. A complaint of his protection against the illegality of the initiation of a criminal case in accordance with Art. 125 of the Code of Criminal Procedure of the Russian Federation (she formally admits a court appeal of the actions of the preliminary investigation) did not promise anything unexpected, but Judge Elena Nikolaeva, in order to accelerate the process, combined 4 complaints of the Shestun for consideration at the same meeting:

on illegal initiation of the case (main complaint);
the investigator’s refusal to take a foreign passport (excluding the possibility of hiding);
refusal to return the watch;
Refusal to provide dates: 1) with his wife, 2) with a notary public in order to assure the power of attorney to carry out the actions of the actions necessary for his registration as a candidate in the next election of the head of the district on September 9, 2018.

Today the dog is buried here. In the main case of abuse of the authority of the authority of surprises, it is not worth waiting for, but about the possibility of the accused (that is, not yet convicted) to run for mayor, the organizers of the entire combination was not forgotten (the Shestun was detained in the early morning of the day the election day), but, apparently, they considered that this “technical” issue of the concerned “power structures” somehow solve it. But it turned out to be not so simple. The need for the consent of the investigator to use a citizen of passive suffrage from any laws does not follow, and the complaints of Shestun, his wife and defense were supported by the Ombudsman Tatyana Moskalkova, the head of the HRC Mikhail Fedotov and the head of the CEC Ella Pamfilova. The power of attorney for this purpose could (and, perhaps, was even obliged) and the chief of the investigative insulator-therefore, when the leadership of the SIZO-5 (“Water”) exhausted the possibilities of resistance, the six was urgently transferred to Lefortovo on July 18, where even lawyers could not get due to the lack of cabinets, and even with a notary and even more so.

The investigator Vidyukov promised to give a written response to the request to allow a “date” with a notary on time (after a month). However, this period from the date of filing the first complaint has expired, and a complaint to the court in accordance with Art. 125 of the Code of Criminal Procedure put the investigation into the Zugtsvang position: the judge would not have any other choice but to recognize his inaction illegal. Therefore, the second investigator (Pisarev) who appeared to the court in the answers to the court questions is indicative of the stupid and, finally, presented the judge with a copy of the response to the Shestun, which was sent to him by mail on July 25 - that is, exactly on the eve of the meeting.

The daughter of Alexander Shestuna Maria waves to her father on a video in court. Photo: Vlad Dokshin / "New Gazeta"

Here it should be explained that if in the main case you have to argue about the evaluation of evidence, then the illegality of the refusal to Schestun in the ability to run is too obvious to runing on September 9th. This branch from the “root” leads straight to the Constitutional Court of the Russian Federation and the ECHR, and with an understandable result. Of course, this does not scare judges and investigators today, but it is also reluctant to shine in such a story - you never know how history will turn.

All these 4 complaints of Shestun were scheduled for consideration on July 20, even his personal participation was supposed, but something was “not delivered”, the conference is also “busy”, and the hearing was postponed for another week-as a coincidence, this allowed the investigation to present the defense: that you, against the notary, never objected. The judge even allowed the defense to remove the photocopy from this answer with a telephone, and, moving away to unsubscribe the decision, said clearly not for the protocol: “Well, I think this document will also provide protection?”

At 19 hours 30 minutes on Thursday, Judge Nikolaev announced the decision: to refuse to satisfy all 4 complaints of the defense of Shestun, including a complaint about the investigator’s refusal to resolve a “date” with a notary public: he “does not object”.

For the defense and wife of Shestun, investigator Pisarev did not take an extra copy of the response to the court. Whether they will be able to get it on Friday July 27, when in fact (formally-28th, on Saturday) registration of candidates in the Serpukhov district is stopped, we do not know today.

During Friday, July 27, the wife and protection will make the last attempt to storm the Lefortovo pre -trial detention center with a notary. Most likely, it will be as barren as the previous two: not for that they planted.

However, the lack of Sixtun in the elections will questioned their legitimacy not only in the Serpukhov district itself, but also in the Moscow region as a whole.

Alexander Shestun promises to declare a hunger strike from Monday, and the assistants and even assistants who retained his loyalty in solidarity with a prisoner bully shaved. The eldest daughter (beauty) has yet transferred this execution on herself (I hope, having absorbed my advice too). This, of course, is already a circus. Well, and the Basmanny Court - isn't it a circus?