They hung a tank on the protesters

The court began to consider the lawsuit against Navalny activists for 11 million rubles

The coordinator of the St. Petersburg headquarters of Alexei Navalny Denis Mikhailov was pushed for the action “He is not a king” ( a rally was held on May 5, 2018, more than 200 people were detained on it. - Ed. ) More than once. He served 25 days as a participant and paid 300 thousand rubles as an organizer. Now the prosecutor’s office is trying to recover from him and the other organizer of Bogdan Litvin 11 million rubles for the green spaces trampled by the unknown people at Palace Square.

About 40 journalists and supporters of Mikhailov arrived at the meeting of the Frunze court by 11 in the morning. There were not enough places in the hall, but the court secretary cheerfully said to the audience: "As they say, we will plant everyone." The judge Natalya Podolskaya flashed with such wit, stating: "Everyone who could be put."

Denis Mikhailov and Bogdan Litvin came to the court with three defenders. Two representatives were from the prosecutor's office and the improvement committee. During the meeting, it turned out that one of the women was not just a representative of the committee, but the general director of the contractor organization of SPP Central Anna Kharicheva. The company under a contract with the committee was engaged in the restoration of lawns after May 5.

The meeting began with the petition of the plaintiff - the prosecutor's office - to introduce the video to the case. According to the prosecutors, they can see that Bogdan Litvin and Denis Mikhailov were present on May 5 at an inconsistent procession along Nevsky Prospekt, and Litvin even called on the participants in the action to go to Palace Square. In addition, there are decisions of the past ships that both defendants were recognized as the organizers of the rally. On this basis, the prosecutor's office decided that Litvin and Mikhailov should fully answer for the green spaces protruded by unknown: 15 lilac bushes (67.5 thousand rubles), three square meters planted with peonies (9 thousand), two square kilometers of the lawn (2.5 million), 60 square meters of Viola (180 thousand), 55 roses (247 roses (247 thousand), three square meters of astilbe of hybrid (12 thousand) and 175 bushes of a brilliant carp (525 thousand). The plaintiffs believe that the legislation on rallies obliges the organizers to control all the processes in the occupied territory and prevent a violation of the law. In particular, the plaintiff referred to paragraph 3 of Art. 5 of the Law "On Meetings ..." (No. 54-FZ), which requires the organizers "ensure the safety of green spaces."

The defenders drew the attention of the judge that the responsibility for the rule of law at rallies is assigned not only to the organizers. Alexander Porruk, who defended the interests of Litvin, suggested that the defendant in the lawsuit of the prosecutor's office should be the Main Directorate of the Ministry of Internal Affairs in St. Petersburg. “During the public event, police officers were present,” Porruk recalled. - The obligation to protect public order lies in public power. It was their inaction that caused the damage. Videos indicate that the lawns were trampled, including police officers. ” Judge Podolskaya stated that the choice of the defendant was the prerogative of the plaintiff, and asked the prosecutors if they agreed with the thesis of the pampling. Those, of course, did not agree. Meanwhile, the video records of that day from the Alexander Garden shows that law enforcement officers used the lawn for the most part.

The prosecutor's office could not name the exact time when the plants were spoiled. “Presumably,” as the plaintiff spoke, this happened at the very beginning of the rally “He is not a king” (based on the case materials, it follows that the rally took place from 14:00 to 16:30). Therefore, the prosecutors did not confuse the argument that when the police detained Bogdan Litvin at 15:35, he physically could not fulfill the functions of the organizer. “I would like to note that the public event began on the territory of the Alexander Garden,” the plaintiff said. “We assume that Litvin at least at the beginning of the event had the opportunity to stop violations.”

Following the logic of the plaintiffs, it can be decided that the Alexander Garden and Nevsky Prospekt were transferred to Mikhailov and Litvin for a couple of hours on May 5.

It seems that if someone had stolen a wallet, then then the damage would be hung on activists: after all, formally, the court recognized them by the organizers of the rally in the garden and the procession in Nevsky.

Defender Alexander Porruk tried to recall the Decree of the Constitutional Court of February 14, 2013, which recognized the unional part of the part of the Law on rallies (No. 65-ФЗ), which implies the responsibility of the organizer "for the harm caused by participants in the public event." Representatives of the plaintiff objected that the decision of the KS works only if the organizers tried to stop offenses. At the same time, the prosecutors could not say what the organizer should do so that the “attempt to suppress” was tested for him. “The law does not provide for in what form this is expressed,” the prosecutor honestly said.

A lot of disputes caused the amount of damage - 10 million 953 thousand rubles. It was calculated using the Decree of the Government of the city "On the amount and procedure for reimbursing funds that make up the restoration value of green spaces." The defense and the judge tried to understand the complex methodology of calculations, but it seems in vain. The defense tried to get from representatives of the Committee on the improvement of the amount of real damage.

Judge - the Committee: this technique, is she setting the cost behind each shrub?

Committee: each shrub is evaluated depending on pedigrees and age. Based on this, the calculation is made.

Judge: But the cost is not registered! Where do you get it?

Committee: In our management. There is the cost of a rose as planting material. Every year we have a competition. And each planting material has a cost.

Prosecutor: The value of a conditional unit is established. The coefficient is multiplied by this unit ( determined by the regulation of the government. - Ed. ) And the area of ​​damage.

Judge: I understood the formula. Where is the unit?

Prosecutor: In the Decree of the Government of the City.

Judge: Well, how much does a rose cost?

Committee: This is determined by the average market value for the current year.

For some reason, there was no market price in the materials of the case, and the defense asked to claim documents confirming the cost of flowers. The plaintiffs asked to refuse in the petition, but the judge nevertheless satisfied the request of the defense. In the end, the judge asked the general director of the SPP Central Kharichev: how did you come to the conclusion that the plantations are trampled? ( Trampled by protesters, and not suffered from other factors. - Ed. )

Haricheva: Because the day before everything was in order, but on May 5 - no.

Prosecutor: We made such a conclusion, because in another way green spaces could not be damaged.

Natalya Podolskaya appointed on February 5th. Protection promises to invite witnesses from among the participants in the rally, and the committee will have to provide data on real prices for “trampled” shrubs - they, apparently, are significantly lower in the lawsuit.

According to the results of the meeting, Denis Mikhailov said that he did not hope for justice, but expects to knock down the amount of damage.

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