In the regions of the Ministry of Internal Affairs, he filed multimillion -dollar lawsuits against the participants of the January protests. Demand to pay gasoline and overtime

In several regions, the local administrations of the Ministry of Internal Affairs are applied with activists, whom they considered the organizers of the January protest in support of Alexei Navalny. Security officials require compensation for overtime work and additional costs for gasoline.

The administration of the Ministry of Internal Affairs approached the case without much creative and took the law enforcement officers to the opposition to the opposition to the summer protests in 2019 for a sample. Lawyers are outraged: in many cases, the claims are compiled inadequate, and the claims presented are absolutely decorated. Activists are convinced that the Ministry of Internal Affairs of the Ministry of Internal Affairs deliberately presses on them, so that henceforth, "they are afraid to go out for a peaceful protest."

Penza

The Penza region became the first region where the police demanded to recover costs from the organizers of the action. In March, the regional Ministry of Internal Affairs filed a lawsuit against the head of the local headquarters of Navalny ( the headquarters were recognized as extremist organizations, their activities were banned in Russia ) to Anton Strunin and local resident Yuri Kupaev demanding to pay 883 thousand rubles. The initial claims stated that to protect public order at the rally on January 23, the police “attracted significant forces and funds”, more than 500 employees were revoked from the weekend. But after the defense required documentary confirmation of expenses, the police reduced claims to 560 thousand.

The interests of the defendants were represented by lawyer Igor Zhulimov and the lawyer of the “Apology of Protest” Alexander Fedulov. In a conversation with Novye, Zhulimov noted that when drawing up a claim, the Penza Ministry of Internal Affairs relied on the decision of the Simonovsky District Court of Moscow, which obliged the FBK employees ( the organization was recognized as extremist and was banned in the Russian Federation, and was also included in the list of foreign agents ) love Sobol and Georgy Alburov to pay more than 4.7 million rubles in the capital's administration of the Ministry of Internal Affairs for the summer shares protest.

In their statement, the plaintiffs referred to Article 1064 of the Civil Code (“General grounds for responsibility for causing harm”). According to Zhulimov, if such a norm is applied, then the victim must indicate which specific participants did harm and which property. Instead, they write that "in connection with the organization of an inconsistent action, costs were incurred in the form of additional allocations from the budget for the payment of compensation to employees."

“Once they referred to article 1064, they had to write in the lawsuit that such and such participants, for example, burned the car, defeated the helmet and so on. That is, the plaintiffs had to talk about spoiled property, as the law says, and not about expenses, ”the lawyer believes, also noting that the organization of the rally cannot be incurred, because the harm is not caused in the future of time.

Zhulimov also drew attention to the claims of the plaintiffs that the harm was allegedly caused by the federal budget.

But then representatives of the treasury, the Ministry of Finance or the Government had to go to the court, the Ministry of Internal Affairs has nothing to do with federal money, the lawyer insists.

“It turns out that they [employees of the Ministry of Internal Affairs] are an improper plaintiff. Moreover, the federal budget cannot be harmful - this is not an object of civil rights, ”says the lawyer.

Representatives of the Penza Ministry of Internal Affairs explained in court that additional payments were made at the expense of the government reserve fund. In this regard, Zhulimov noted that the decision and disposal of the government were necessary to allocate additional funds from the reserve fund, but the Ministry of Internal Affairs did not submit the relevant documents to the court, referring to the fact that they were classified. At the same time, in open trial, a link to secret documents is not allowed by law, the lawyer emphasizes.

The lawsuit stretched for several months. On August 27, the Pervomaisky District Court of Penza satisfied the requirements of the local Ministry of Internal Affairs and recovered 560 thousand rubles from the defendants. Strunin and Tsepaev intend to appeal the court decision.

Chelyabinsk and Omsk

The Office of the Ministry of Internal Affairs in the Chelyabinsk region filed a lawsuit for more than 2 million 155 thousand rubles for a fuel spent for 29 service cars and overtime for employees involved in the work on the shares on January 23 and 31. The defendants in the case are held by the ex-coordinator of the Chelyabinsk headquarters of Navalny Artem Yumbaev, his former deputy Alexander Kopyev, ex-administrator of the chat headquarters Maria Makarova, as well as activists Oleg Shamburov and Pavel Strunin. Previously, all of them were found guilty under an administrative article on the organization of an inconsistent action (part 2 of article 20.2 of the Administrative Code of the Russian Federation).

The statement of claim states that in connection with the organization of rallies, the police had to go to the service “in an operational manner” and “on their time”. And the compensation that the security forces paid were “allocated in excess of the established budget limits”.

In the Omsk region, the Ministry of Internal Affairs also demanded to recover 2 million rubles from five oppositionists, whom the courts had previously recognized the organizers of rallies in support of Navalny. Two claims were received by the Leninsky District Court of Omsk. The department reported that “as a result of inconsistent public events”, the police incurred “additional expenses for fuel and lubricants and the payment to employees of the ATS for compensation for the performance of official duties on weekends and non-working holidays”. In particular, on January 23, the department spent 20,318 rubles for refueling eight cars and 431,759 rubles for compensation to employees from 16 police units.

One of the four defendants in the first claim is the former coordinator of the Omsk headquarters of Navalny Olga Kartavtseva. Earlier, the court recognized her by the organizer of the inconsistent rally on January 23 for the publication of videouters on Vkontakte and Instagram portals.

The former deputy Kartavtseva Daniil Chebykin is also a lawsuit in the lawsuit. He is one of the two defendants in the police lawsuit for a rally on January 31 for a total of 1.6 million rubles. According to the estimates of the Ministry of Internal Affairs, on that day, 1,514,316 rubles were spent on compensation for the police. Another 84,244 rubles went to refuel 34 service cars. As follows from the documents attached, some police cars drove on January 31 to 500 and even 1300 kilometers.

According to Zhulimov, Chelyabinsk and Omsk claims are practically copied with Penza.

“But the police of the Omsk region“ showed a creative approach ”and added a link to Art. 128 of the Civil Code (“objects of civil rights”) in order to justify the harm caused by the federal budget. However, the link to this norm is insolvent in this case, ”the lawyer believes.

Kemerovo, Ufa, Novosibirsk, Yaroslavl and Kirov

The Ministry of Internal Affairs made similar claims in other regions. So, the Kemerovo Ministry of Internal Affairs filed a lawsuit against 698,422 rubles and 64 kopecks to local opposition. The police want compensation for the need to work on weekends on protest promotions.

On January 23, the police considered the ex-head of the Kemerovo headquarters of Navalny Stanislav Kalinichenko, Fem activist Alen Surov, a supporter of Navalny Elizabeth Slavinskaya and others. The organizer of the action on January 31 was called only Slavinskaya. The police referred to the decisions of the courts that found activists guilty of organizing an inconsistent action.

According to the claim, on January 23, 157 police officers were attracted to work on a weekend, and 150 people were attracted to the 31st. Eight more employees of the Center for Economic and Service of the Main Directorate of the Ministry of Internal Affairs in the Kemerovo region worked with them.

In the Demsky District Court of Ufa, the security forces demand to recover from the local activist Olga Komleva more than 1.1 million rubles for their work during the protests on January 31. In the lawsuit, the police requires the activist to pay extracurricular work 471 employees of the Ministry of Internal Affairs. According to law enforcement officers, Komleva allegedly acted as the organizer of a protest event. Representatives of the plaintiff during three meetings could not provide the court with evidence that the funds were spent on payments to employees, which is why the consideration of the case was postponed before the end of September.

In August, the Ministry of Internal Affairs in the Novosibirsk Region filed a lawsuit against the ex-deputy of the State Duma Andrei Yankovsky, an independent deputy of the Novosibirsk City Council Sergey Boyko, as well as his assistants to Elena Noskovets and Kirill Levchenko. In addition to them, the assistants of the deputy of the City Council of Novosibirsk Daniil Markelov and Natalya Pozdnyakova, as well as oppositionist Vyacheslav Yakimenko, are held in the case. They require 2.8 million rubles in compensation for gasoline and overtime.

The deputy Boyko posted on his Facebook page a copy of the calculation of claims for compensation for damage. The document states that the “overtime” for the work of the police on the weekend amounted to 2.78 million rubles. Another 4.6 thousand rubles were spent on fuel and lubricants for cars. In total, the amount of 2.8 million was obtained. On August 10, the lawsuit was registered by the railway district court of Novosibirsk. The first meeting is scheduled for September 20.

And the Dzerzhinsky District Court of Yaroslavl has already satisfied the lawsuit of the Ministry of Internal Affairs against the former head of the local headquarters of Navalny Elena Lekiashvili. She was obliged to pay 296 175 rubles for compensation for the work of security forces for shares on January 23.

Initially, the Ministry of Internal Affairs demanded to recover 495 thousand rubles from the activists, but then the amount was reduced by 40% in terms of compensation payments to employees of the Bureau of Special Technical Events and the Operational Special Bureau in the amount of 199 240 rubles, since the plaintiffs did not disclose the data of which the information about which constitute state secret.

The amounts won in court were not enough for the security forces - they filed another claim to Lekiashvili for the costs of ensuring the protection of public order.

On August 24, the justice of the judicial section No. 2 of the Dzerzhinsky district in absentia made a decision on the application of the Center for Economic and Service of the Regional Board of the Ministry of Internal Affairs of Russia and recovered 58 kopecks from an activist of 17,982 rubles.

Another claim was won by Kirov police. On August 25, the Pervomaisky District Court collected 183 thousand rubles for the action on January 23 from Vadim Ananin and Mikhail Semenov. So, 90 thousand rubles went to the work of police officers and about 93 thousand - for the departure of service cars for a rally. Initially, the security forces demanded 283 thousand rubles, but later it turned out that the amount of the Ministry of Internal Affairs employees in those areas where there were no rallies were also included in the amount. Therefore, the plasters had to moderate the ardor and reduce the claims to 183 thousand.

Journalists of 7x7 received an audio recording from a court session, where the representative of the Ministry of Internal Affairs, justifying the claims, cited the situation where law enforcement officers react to a message about false mining.

“All services come to a false call [on mining], check everything according to the approved algorithm, there is a criminal, and they are expenses. This is fair. A false call is illegal. The same thing here. Your illegal actions entailed the fact that the body was obliged to strengthen the protection of public order, to go out. The assertion that the state cannot be damaged, I think, does not comply with any norms, ”said an employee of the Ministry of Internal Affairs.

Along with this, the regional Ministry of Internal Affairs filed another lawsuit against activist Semenov demanding to recover more than 700 thousand rubles from him for work during an inconsistent campaign on January 31 in Kirov.

Apparently, this “advanced experience” can become a worked out mechanism for the fight against protests throughout the country in the near future. Also, for shock absorption of batons will be presented.