How much did you cry?

A rehabilitated defendant of the sensational “poppying” requires compensation for moral damage from the state. The Ministry of Finance replies: "He wants to enrich illegally"

Last week, Maria Vasilievna Polukhina and Nina Vasilievna Chursina, relatives of the sisters, 64 years old and 61 years old, were released from the correctional colony. Set up decently - 5.5 years.

Maria Vasilievna and Nina Vasilievna are fragments of the same Voronezh "drug bacillus", exposed in 2010 by the Federal Drug Control Service. In addition to them, they put the husband of Maria Vasilievna - Alexander Polukhina and their daughter Zhenya. They have already been freed, also by parole, for exemplary behavior.

This business was widely covered in the media : Polukhins in Voronezh held a family bakery, in which they baked and sold buns with poppy seeds. And in the tenths, a whole campaign unfolded against confectionery poppy in Russia. Many who were grabbed, planted: bakers, grocery importers, even simple sellers from rural stores and drivers who carried this poppy among the rest of the products. Or here I know the case: they put the storekeeper who guarded the warehouse with poppy seeds; He also freed himself, he served for more than six years.

The fight against confectionery poppy was convenient for the federal anti -drug service from the point of view that it was just an inexhaustible source of growth in opening statistics. Judge for yourself: confectionery poppy in Russia is not prohibited. People sell it, store, buy it. At the same time, there is always an insignificant, trace number of opium alkaloids on its seeds. But opium is already prohibited - although it is impossible to allocate it from this poppy.

For this inseparable opium and planted. They planted until the president dismissed the FSKN, but as he dismissed, this mass campaign ceased.

It fell out, it turns out, grocery men and storekeepers from a socially dangerous layer. It is interesting that those who, at the time of health, still managed to plant (and there were thousands), as they were sitting and sitting.

I will risk suggesting that the state smells a little - no, not guilty of itself, but the accuracy behind them, planted. And trying to regret them. As they can. Here, for example, it lets go on parole - that for our penitentiary system an unprecedented miracle, we have already died the UDO mechanism for many years. That is, nevertheless, the state has a kind of condescension to them, but in such a way as to systematically: take and let everyone go at once - no, this is not. Only by parole. Why, one wonders, right? And the answer is very simple: in order to get parole, we must admit guilt and repent. And with a plead of guilt, a person loses the right to rehabilitation. And with him-the right to any material payments from the state.

And then I will tell you another story from among the "poppy", about compensation.

It was a very loud business in Bryansk. 13 people were judged at once, as if a gang. There were importers, storekeepers, and sellers, and even one scientific worker - candidate of sciences, employee of the Penza Research Institute of Agriculture Olga Zelenina. She generally got into this binding with poppy seeds by accident: when she initiated the case in the FSKN, one of his defendants turned to the institute where Zelenina worked, with theoretical questions about the analysis of the narcotic properties of confectionery poppy.

The institute answered - as expected. And the text of the answer was prepared just Zelenin, and this answer did not like the guys from the FSKN so that they accused her of combining drug smuggling.

For this, they took her in August 2012.

They transferred from the village of scientific workers Lunino, under Penza, to Moscow. They placed in a pre -trial detention center, interrogated, was afraid.

They were released on a recognizance not to leave only after all this absurdity was written by Nature, a British scientific magazine with a world -famous name.

Well, then 6.5 years of his life in rented rooms: the investigator tied a recognizance not to leave to Moscow, where Olga Nikolaevna had neither Kola nor the court, and the court itself was generally held in Bryansk. It seems to the investigator that life under the investigation is also life. But this is real everyday death. Well, if not death, then a coma. It is not clear yet whether you wake up or not. Children, grandchildren, work, husbands and wife - everything seems to remain, but as if behind the coveted centuries. You do not really see.

During the time that Olga Nikolaevna spent under the investigation, she was actually deprived of her position at the institute and the opportunity to engage in scientific work, her mother fell ill and died (the judge did not let go of the funeral),

Without it, grandchildren grew up and the garden in the village of scientific workers Lunino near Penza grew.

And in December 2018, the jury Olga Nikolaevna was justified. The whole, by the cleaner, for the release of the crime event . Not only she was justified with the recognition of the right to rehabilitation - but also all the people with whom she had been sitting on the bench for all these years.

A little breathing, Zelenina decided to recover from the state compensation for non -pecuniary damage.

Compensation for moral damage for illegal criminal prosecution is a very interesting category of modern Russian law enforcement. It is carried out regardless of the fault of the causer of harm, and the Ministry of Finance acts as the defendant.

In our law there are no criteria to somehow evaluate moral suffering. There were previously attempts to legislatively approve such prices - “Fair Russia” introduced the corresponding bill after the Case Golunov.

In this bill it was proposed to evaluate every day of illegal criminal prosecution in the amount of up to 15 thousand rubles.

But attempts were unsuccessful: the bill did not even reach the first hearing. And therefore, to this day, every innocently persecuted in itself proves and justifies how much has suffered. So Olga Nikolaevna in September 2019 did this, filed a lawsuit in the Tver District Court of Moscow, at the address of the registration of the Ministry of Finance:

- I put a piece of paper that after the arrest I ended up in the hospital. She explained in her claim that she had lost a lot over the years. I lost my mother, lost my job, did not have the opportunity to engage in labor activities, was divorced from the family. In general, she sat in a pre -trial detention center, where it was bad, and in the IVS sat, and there the toilet is generally next to the dining table, everyone smokes. I attached 47 documents to the 16-page claim confirming the strength and depth of my suffering, including certificates from hospitals and the conclusion of a psychologist. ”

The most common amount of compensation for illegal criminal prosecution in Russia today is 30 thousand rubles. In the statement of claim, Zelenin indicated the amount in which she estimated her suffering: 6 million rubles.

I asked her: “Why is it so much? 6 million rubles. "

She answered without hesitation: “After consulting with lawyer Ilnur Sharapov, I decided that this modest amount in 6.5 years of suffering would allow me to heal mental wounds and heal from the poverty, into which we plunged over the years of my illegal persecution. I, like any pensioner, watched the TV and realized that 6 million is about the income of the Minister of Finance in a month. This amount cannot break through a gap in the treasury. ”

In November 2019, the Tver District Court partially satisfied Olga Zelenina’s claim for compensation for non-pecuniary damage, chopping down almost 10 times. She was awarded 700 thousand rubles.

The Ministry of Finance naturally challenged this amount. The objections of the ministry came down to the fact that Zelenina "wants to illegally enrich at the expense of the treasury of the Russian Federation."

An appeal was appointed, which in September 2020 revised the decision of the Tver court and increased compensation for non -pecuniary damage to 1.5 million rubles.

Tired of Zelenin’s courts did not dispute the decision of the Court of Appeal, and the Ministry of Finance, not wanting to pay, filed a cassation appeal.

In order not to retell the position of the Ministry of Finance, I will give 3 quotes. I think they are exhaustively showing that representatives of this department think about the price of the dignity of citizens.

From the complaint of the Ministry of Finance
“In order to reasonable distribution of funds <...> it is necessary to comply with the balance of interests so that compensation for harm to one categories of citizens does not violate the rights of other categories of citizens.”

<...>

“The court, determining the amount of compensation, should proceed not only from the obligation to compensate for the maximum harm caused to the rehabilitated person, but also to prevent the unreasonable enrichment of the victim.”

<...>

"... The sum of compensation for non -pecuniary damage is excessively overstated and not relevant to the principles of rationality and justice."

Nevertheless, in January 2021, the court of cassation left a complaint of the Ministry of Finance. Olga Nikolaevna will receive 1.5 million rubles. For 6.5 years of illegal criminal prosecution.

The “new” expresses deep human gratitude to the Commissioner for Human Rights in the Russian Federation Tatyana Nikolaevna Moskalkova, who supports people convicted “for the MAC” and always stands on them on court courts. We have no doubt that Tatyana Nikolaevna is still defending the general, systematic solution to the problem of “poppy plantings” - so that criminal cases initiated on the fact of the turnover of confectionery poppy in Russia never appear again.