Another “rally” case for an anti -humor protest. Now in Arkhangelsk

The second recent criminal case of violations of the rallies' law, and again - for protests against garbage. This time - in Arkhangelsk, where residents protest against the landfill. We tell you what is known about him.

Since August 2018, in the Schies station in the Arkhangelsk region, villages and towns, as well as in Arkhangelsk itself and in Syktyvkar, are regularly held protests. Local residents are opposed to the construction of a solid household waste training ground, where Moscow garbage should be taken out of the plans. April 30, 2019 one of the activists of the Movement "Pomerania - NOT YOUR!" Andrei Borovikov was detained as part of a criminal case under an article on “repeated violations” on shares (212.1 of the Criminal Code).

"Constantly organizes"

First, Borovikov was detained for 48 hours, and then the investigation asked the court to limit the freedom of the activist, without placing under house arrest. The court forbade Borovikov to attend mass events, use the means of communication for their organization, as well as communicate with participants in the anti -muquiller rally held on April 7 in Arkhangelsk. Thus, Borovikov de jure was banned from communicating with his own wife and brother, who participated in that action.

The investigation considers the activist one of the organizers of the procession and rally on April 7. The case states that due to the “illegal organizational events” of Borovikov, the participants in the procession “illegally blocked” the automobile traffic. In addition, they allegedly prevented the physical education event on Lenin Square, while ignoring the police to disperse.

According to the investigation, the activist “constantly organizes” inconsistent measures against the garbage training ground, “organizes provocations in order to use violence against representatives of the authorities” and returns in the “Pomerania - NOT YOURSE” local residents “prone to anti -corner behavior”.

One promotion at the price of two

The case under Article 212.1 of the Criminal Code can be initiated if a person was held at least three times in six months to administrative responsibility for violation of the law on rallies. That is, it is necessary that at least three times the protocols under Article 20.2 of the Administrative Code of the Code of Administrative Offenses, and court decisions on them entered into force. The fourth offense becomes the basis for a criminal case - the police transfer materials to investigators. In Borovikov’s case, this fourth violation was a rally on April 7.

The earliest of the offenses included in Borovikov’s case is the protocol for the demonstration “He is not the king for us” on May 5, 2018. The administration of Arkhangelsk did not agree on it, but the applicants challenged this decision, and the court sided with them. On the square, the police demanded to stop the rally, but after the presentation of the court a decision, lagged behind. The participants were asked only to step aside to skip the cleaning equipment, which never appeared.

Later, the protocol on Borovikov was still drawn up. On September 3, 2018, the Oktyabrsky District Court of Arkhangelsk fined him for 14 thousand rubles under the 5th part of Article 20.2 of the Code of Administrative Offenses. On September 25, the Arkhangelsk Regional Court upheld the decision .

The second and third offenses occurred on the same day. The police and the court considered the procession on the embankment and the rally followed on September 9, 2018 by two different inconsistent shares. For each, a separate protocol was drawn up for the 5th part of Article 20.2 of the Code of Administrative Offenses and fined 15 thousand.

At the same time, the district court initially terminated the case for a rally. In the decision, he indicated that the authorities did not offer an alternative place for the action. Later, the regional court canceled this decision, returning the case to re -consideration. On October 5, Borovikov was fined for the procession, on November 27 - for the rally. The regional court upheld the decision on November 15 and December 27 , respectively.

It is important that between September 25, 2018, when the appeal for a penalty for a rally on May 5 was held, and on April 7, 2019, when Borovikov took part in the anti -humor campaign, more than six months passed. Article 212.1 of the Criminal Code clearly says: “... if this person was previously brought to administrative responsibility for the commission of administrative offenses provided for in Article 20.2 of the Code of Administrative Offenses, more than two times within one hundred eighty days .”

Here the investigation goes to the catch and says that the activist “took part in the organization” of the action since March 22. On this day, the authorities of Arkhangelsk refused to agree on the event. Between September 25 and April 7 - 194, and between September 25 and March 22 - 178. However, the official applicant of the action was Yuri Chesnokov, it was he who submitted the application. According to the lawyer from the OTD-Info Elena Dolganova, who protects Borovikov, her client did not participate in the coordination of the action with the mayor. It is not clear that the investigation in this case means by the "organization".

Dangerous acts

The only convicted under article 212.1 of the Criminal Code, which is charged with Borovikov, is the opposition activist Ildar Dadin. In December 2015, he was sentenced to imprisonment, and in February 2017 the Supreme Court abolished the sentence and released Dadin. This happened after the activist’s messages about torture in the colony that caused a wide public outcry.

About two weeks before the abolition of the sentence, the Constitutional Court stated that it should be applied to article 212.1 of the Criminal Code only if a “violation” imputed to a person was dangerous to society.

The case against Borovikov is the second according to the "Dadine article" over the past few months. On February 2, the court sent activist Vyacheslav Egorov, who opposed the garbage training ground in Kolomna, under house arrest. The fourth “violation”, after which a criminal case was opened on Egorov, was an article on “Yandex. Zen ”, calling to come to trial of Gennady and Dmitry Gudkov.

The Presidential Council for Human Rights (HRC) urged Egorov’s criminal prosecution. The HRC referred to the fact that there was no “criminal public danger” in Egorov’s actions, and the article simply reported the time and place of the meetings:

The publication does not mention the intention of Egorov V.V. Conduct any public event <...> therefore, in the actions of Egorov V.V. There is no intent as an obligatory element of the corpus delicti under Article 212.1 of the Criminal Code <...>

Apparently, Arkhangelsk investigators took into account this situation. In the decision to initiate the case against Borovikov, they twice mentioned the “real threat to the life and health of citizens, property of citizens and legal entities, a threat to road traffic, public order and public security”. We are talking about interference with the movement of cars and the breakdown of a physical education event.

In addition, the resolution says that Borovikov is “prone to anti -amendment and criminal behavior” and “aggressive”. It is mentioned that he was brought to criminal liability three times. According to the lawyer from the ATS-Info Elena Dolganova, who protects the activist, two criminal records are extinguished, in the third case it ended with the reconciliation of the parties.

Investigators actually accuse Borovikov of pushing other people to crime. He allegedly repeatedly said that the construction at the Shies station needs to be stopped by force, and his calls were "realized." Следствие утверждает, что в ночь на 15 марта Валерий Дзюба, Андрей Старковский, Вячеслав Григорьянц и «иные неустановленные лица» «в результате провокационных действий, связанных с указанными призывами» причинили вред здоровью строителей, угрожали им убийством или причинением тяжкого вреда, незаконно лишили их свободы, а также учиняли самоуправство (статьи 112, 119, 127 и 330 Criminal Code, respectively).

According to the events of that night, when there was a fight between protesters and workers, several criminal cases really opened. However, there is no information that there were no Belovers in these matters. The activist himself claims that he practically does not know the accused.