Pasteur-Shablinsky Law

The right is violated, and the professor without fools went into the breakthrough

As soon as the president was approved on May 29, the “strategy of counteracting extremism in the Russian Federation until 2025”, as the next day - please! “Law enforcement agencies” were detained by professor Ilya Shablinsky, who apparently committed the quarantine “socially dangerous illegal actions according to the motive of political, ideological, racial, national, religious hatred ... contributing to the emergence or exacerbation ... threatening the constitutional system of the Russian Federation, violation ... territorial integrity of the Russian Federation” (definition from the Russian Federation ” "Strategies ...").

We (extremists temporarily remaining free), of course, were in the know from the first minutes, worried and made efforts. But until everything worked out. In the evening, Ilya was eager to share thoughts and observations, but we recorded a full interview in the morning. To speak, contrary to my questions, he began not about himself, but about the creator of the public “Ombudsman of the Police” Vladimir Vorontsov, whom he personally was not familiar, but went to the picket to protest against his criminal case.

Expert card
Ilya Shablinsky -Professor of the Department of Constitutional and Municipal Law of the Higher School of Economics, Doctor of Law, Member of the Council of Human Rights under the President of the Russian Federation in the period 2012-2019.

-You see, when Ilya Azar, who went out to protest for Vorontsov, was detained, his attention switched to him, and this is good, but they somehow forgot about the Ombudsman. I followed Vorontsov’s publications, they helped me understand a lot. About cadets and ordinary police, as they are not considered people there, and they, it turns out, are the same as we: think differently, many criticize the authorities and power. And they need to be defended by the court and the right, which Vorontsov emphasized. He himself, as far as I know, resigned without a conflict, realizing the importance of the media sphere to protect colleagues. His public did the right business, showing employees of law enforcement agencies the importance of compliance with the law and establishing an understanding between them and society. I even admire the courage of this man, although he was gambling, but he risked consciously, he had already arrived.

- Wait, Ilya, did you not take risks when going on a picket? Was the wife in the know?

- No, of course, I did not say anything to Ole, of course, she would be against it. But thank you for remembering her. She is a resuscitator, and when she was infected with coronavirus, we were resettled after a while, I now live with my father, and she recovered and already returned to her hospital. But I saw what happened to her at the beginning, and her employee and a good man, his name was Marat - Medbrat Marat - he died. So I am not at all against quarantine and understand its need well.

But even by decree of Sobyanin, only “sports and other mass events” are prohibited on quarantine measures, and according to the law (excessive), the distance between pickets should be at least 50 meters, we stood, this is more than a safe distance. Actually, I am not a lover of pickets and go out for a second time in my life-the first last year, when 29 candidates for deputies of the Moscow City Duma did not allow the elections, but I was expelled from the CEC meeting. What else was to do? I am a peaceful person, even conservative in some ways, I understand that my main place is at the desk, in the Constitutional Court or at the department in the tower, where I have been teaching constitutional law for 15 years, without knocking anyone there on any such actions.

But when they want to deprive us of the last right to deprive us of the last right to publicly express their opinion under the noise ... You can write at least in the newspaper there, I will also eat on Facebook, but this was not enough. So that the words did not disperse with the deed, there was nothing left here, as soon as he himself went to the picket.

- What was your doctoral? How many monographs do you have? You remembered the Constitutional Court - in what matters did you have the opportunity to participate there?

-I defended the dissertation in 1997 in another country on the topic “The principle of separation of powers and constitutional reform in Russia” (but this, of course, is not at all the “reform”, which we became witnesses). I have 6 books, apart from articles, some are translated into foreign languages. In the Constitutional Court, I participated in many cases, for example, in 2013 we won a dispute on the complaint of a group of voters that the courts refused to apply for falsifications when counting votes. Last year there were two interesting things: a man from Irkutsk was refused a rally coordination because he could not provide an ambulance there - the Constitutional Court made a definition that this obligation was not his. In the fall, we were able to defend the right of Adventists on the 7th day to hold worship at home, and they tried to ban it, referring to the “land use right”-nonsense. You see, for not the most significant matters, you still manage to achieve something in the COP ...

- Yeah, to the question of "constitutional reform." And then the practice ignores these solutions. Tell me how you got it. You told them that you are a professor?

- Of course not. I said that I am just a citizen, because the way it is. And they detained me not alone, but a dozen people, among whom, as I found out, there were 6 more municipal deputies. The police behaved politely. They asked twice: “Maybe you are a journalist? Maybe you have a certificate? ” I said that no, they put me on the bus, where I was alone, and after some short time I was taken to the Tver department. The bus was stuffy, but I was not taken in a crowded Avtosak, as others, whom I, the case, interviewed during the mass action. They also spoke politely in the department, released quite quickly, the protocols were not made, they were given notifications that I should come there for drawing up the protocol on June 10.

-This is something new, the protocol should be drawn up in place or in extreme cases immediately in the department from the words of those who detained. And why June 10?

“I don’t know, it intrigued me too.” In my opinion, they themselves do not understand who wants what from them. Then, probably, there will be a court, there will be an opportunity to clarify.

- We did not imagine the degree of risk and tried to get out of different ways in traditional ways to pull you out of there. Did it help?

-I can’t say for sure whether “traditional methods” helped, but there was a feeling that at some point they ran up. In general, this tradition is bad, although it is from hopelessness, but the law and the prospect of an independent, equal to the sides of the court, should work.

- How will they look at your exploits in the "tower"?

- Yes, how ... but also it is also impossible: they come out, but we do not. It is sometimes necessary to do actions in life without looking back, because life is short, and if you do not commit them, it will be some other ...

- Yesterday, when you have already been released, we had fun with Fedotov on the phone, and he compared you to the pasteur, who experienced a vaccine ...

- Well! No need to make an ascetic out of me, the risk is not comparable. But I would have dreamed, of course, to get to the Constitutional Court not as a representative or expert, but in the form of an experimental rabbit. There is such an element that there is a sin to hide. Note that it will be necessary, if the experiment succeeds, not to appeal the law that is not, but practice. Indeed, even innocent pickets have recently been extremely difficult, but it turns out, they have been banned at all. Who? What is the normative act and at what level? Contractors are not a law, but it is not clear whose instructions - they also do not understand this and are substituted, our business also protect them.

For the sake of someone’s tastes and habits among the “security forces”, a cult of power is brought up, but we must educate the cult of law.

PS

It remains to add to the said that Ilya Shablinsky, a former and very effective member of the HRC - of course, is one of the leading jurists in the country, and his detention in itself is an international scandal. The cops do not know who, without analysis, will be raked once again with their stupid nonsense, and here is such a catch. The “law enforcement agencies” ran into the right on the right, the patience is exhausted, the real, no appointed elites went to the breakthrough.