Military Review

And for whom the knock of the judicial hammer will become softer? ..

84
In the week, the highest authority Supreme Court - Plenum of the Supreme Court - adopted a resolution entitled “On the practice of imposing criminal penalties by the courts of the Russian Federation Behind the “multi-letter character” of the document, which overloads the ordinary citizen with legal information, there are several important points that should be paid special attention. And the main point, such attention is worthy, are the sections of the document “General beginnings of sentencing” and “Consideration of circumstances mitigating and toughening punishment”.


Art.28 of one of these sections of the ruling of the plenum of the Supreme Court of the Russian Federation reads as follows:

Establishing the circumstances that mitigate and aggravate the circumstances is important for the correct solution of the issue of individualization in appointing the person who committed the crime both the primary and the additional punishment. In this regard, the sentence should indicate what circumstances the court finds mitigating and aggravating punishment.

In accordance with part 2 of Article 61 of the Criminal Code of the Russian Federation, the list of circumstances mitigating punishment is not exhaustive. As a mitigating circumstance, the court has the right to admit a guilty plea, including partial, remorse, the presence of minor children, provided that the guilty person takes part in their upbringing, material content, and the crime is not committed in relation to them, dependency of the guilty elderly persons, his state of health, the presence of disability, state and departmental awards, participation in hostilities to protect the Fatherland, etc.


At the same time, Article 28 states that the list of aggravating circumstances in accordance with Article 63 of the Criminal Code of the Russian Federation is exhaustive and is not subject to expansive interpretation.

From Art. 28 rulings of the plenum of the Supreme Court:
In view of this, the circumstances aggravating the penalty must be indicated in the sentence in the manner prescribed by the criminal law.

And for whom the knock of the judicial hammer will become softer? ..


As they say, one does not need to be a great expert in the field of jurisprudence to understand the essence of the changes that the Supreme Court is conducting. Officially, these changes are associated with the humanization of the Russian justice system. But in fact? In fact, everything may well come down to the fact that judicial freedom is more than significantly increased, if I may say so. In other words, a single representative of the judicial corps of Russia gets an official opportunity to determine how many mitigating circumstances can be applied to a particular defendant, which will simultaneously lead to an increase in the percentage of subjectivity in making a court decision. It would seem that such an opportunity was before, because that very part of 2 Art. 61 speaks about it - “When sentencing can be taken into consideration as mitigating, circumstances not provided for in the first part of this article”, but now the Supreme Court, as it were, suggests It is precisely on this point that the judges need to pay special attention, providing an opportunity to find out for what kind of “merit” the punishment is mitigated. The subjectivity of the decisions of the judges must be supported, as it were, by objective arguments ... Officially, an increase in the transparency of decisions, but unofficially, humanity, which for some reason most often does not apply to the majority of ordinary defendants.

But subjectivity, frankly, rolls over today. One example is the situation with the former commander-in-chief of the Ground Forces, Vladimir Chirkin. The ex-commander-in-chief was deprived of all titles and awards on the basis of a court sentence in a corruption case. The court decided that Vladimir Chirkin took a bribe in the amount of 20 thousand dollars in order to assist the soldier in obtaining a one-room apartment. The prosecution stated that allegedly General Chirkin (at that time - 2008 - deputy commander of the Moscow Military District) declared his readiness to help Major Vladimir Lopanov, dismissed as early as 1998, in obtaining the apartment, although he already had all the necessary documents to receive . The prosecutor asked for Vladimir Chirkin as much 7,5 years of a strict regime colony! As a result, the court decided that a lot of evidence had been collected, and ruled that Chirkin was guilty of the crime. The final judicial verdict is 5 years of a strict regime colony. It is noteworthy that at that time Vladimir Chirkin was not saved by any extenuating circumstances, including numerous awards. They were simply taken away. Strange, but the judge for some reason completely ignored the judge of that part of 2 Article. 61 of the Criminal Code of the Russian Federation.

And now - in the week - the Moscow Garrison Military Court decided to change the article according to which Chirkin was convicted and the sentence itself. Instead of a strict regime colony, the ex-commander-in-chief of the Ground Forces was fined 90 thousand rubles ...

Is judicial logic amenable to some explanation? - rhetorical question. After all, if Chirkin’s crime was not grave, then what’s the Strongach 5 years. If we are talking about a corruption offense, then the fine in 90 thousand rubles when doing damage to the same major Lopanov in 20 thousand dollars (2008 year) looks, to put it mildly, strange. Now the question of whether there was a crime and does hang in the air at all on the basis of almost diametrically opposite court decisions.

And after all, examples of the subjectivity of sentencing and their revisions can be given to the masses, and the masses, even if we are talking about high-profile cases. For example, the verdict against Colonel Vladimir Kvachkov, who was found guilty, no less than nothing, in organizing insurgency and terrorism, presenting a crossbow and several rusty cartridges for pistols as evidence. Allegedly, with this mighty arsenal, Kvachkov was going to take Moscow, on the way finding comrades-in-arms or supporters for themselves ... The awards to Colonel Kvachkov didn’t help either. But what about ch.2 Art.61? Or Kvachkov, as a "terrorist", it did not apply ...

But there are also cases where the awards helped. And, perhaps, the most famous of them is the case in the case of ex-Minister of Defense Serdyukov, the judicial decision on which caused, to put it mildly, a strange public reaction, especially given the fact that the RF IC itself was promoting the case.

Now it turns out that judges can attach something “from themselves” so that the punishment is mitigated without special consideration of the Criminal Code of the Russian Federation? The main reason to argue the decision was that he stole a couple of billions from the treasury, bought a house on the Cote d'Azur, leaving the region without roads, and schools without heating, but he had dependent children under his age and was constantly taking care of the elderly mother, and was also terminally ill with allergies honesty - and therefore, urgently mitigate the punishment to the minimum ... He warmed his hands on the budget, but it turns out that he was a gentleman of such an order - it means, too, to soften, understand, forgive and release.

In addition, the courts are entitled to individually determine the degree of public danger of crime. Theft of a spade is, of course, a socially dangerous act, because the offender could go even further and use the spade as weaponsbut the theft of hundreds of millions from the regional treasury does it carry some kind of social danger? Yes, any court can "individually" recognize that, of course, it does not carry ...

There is an opinion that the sound of a judicial hammer will again be too soft for people who commit large-scale economic crimes, signing with 30 million rubles pens. They have the same disease, orders and minor dependents, unlike all the others ...
Author:
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  1. afdjhbn67
    afdjhbn67 25 December 2015 06: 25
    19
    Basmanny justice .. to be continued ..
    1. Andrey Yuryevich
      Andrey Yuryevich 25 December 2015 06: 37
      12
      "Themis" is not in vain blindfolded ...
      1. Thunderbolt
        Thunderbolt 25 December 2015 06: 44
        30
        Quote: Andrey Yurievich
        "Themis" is not in vain blindfolded ...
        Under the blindfold is still worse than you think ...
        1. PHANTOM-AS
          PHANTOM-AS 25 December 2015 06: 54
          20
          Quote: Thunderbolt
          Under the blindfold is still worse than you think ...
          1. The comment was deleted.
            1. The comment was deleted.
            2. Aksakal_07
              Aksakal_07 25 December 2015 15: 06
              +1
              Quote: nils
              Whose Putin is it? Rather THEM than ours.

              Putin is a patriot and a statesman, but ... He seems to want to use the oligarchs in the interests of the people, but in practice he uses the people to the greater extent in the interests of the oligarchy.
        2. The comment was deleted.
        3. vladimirZ
          vladimirZ 25 December 2015 12: 03
          +8
          The author respected by me, Volodin Alexey, is wrong, whose articles I always read with great interest, and with which I have always agreed with today.
          Let me explain why.
          In jurisprudence an exhaustive list, i.e. limited to a certain list of circumstances, is appointed when it is impossible to strengthen the punishment for a person at the whim of a judge, those. an aggravating list of circumstances in an offense is always limited.
          A judge cannot, at his own whim, include others in aggravating circumstances, which, at his discretion, should lead to an increase in punishment. Otherwise, there would be judicial arbitrariness, not a court. Although we do not have a very conscientious court.
          But circumstances mitigating the guilt of a person, leading to a reduction in punishment, by definition cannot be limited, cannot be limited to an exhaustive list of circumstances, otherwise they will lead to a violation of human rights, even if the person committed the crime or the offense.
          Such extenuating circumstances can be various and diverse, it is simply impossible to list them all, so much so in each case they can be individual.
          These are the foundations of judicial law that cannot be violated.

          But the author's examples of incorrect court decisions on the former commander-in-chief of the Ground Forces Chirkin, the sentence to V. Kvachkov, and many other "high-profile" cases, this is from the field of non-legal court decisions, the impact on the court of people from power, or even worse "paid" court decisions that take place in our courts. The state is in pain, and therefore all its structures, including the judiciary, are also ill.
          1. WINovikov
            WINovikov 25 December 2015 14: 40
            +2
            I have already written many times that in terms of punishment it is necessary to remove the forks "from ... to ...". These forks create corruption in the judicial system. And it turns out: paid - gave a year, nothing to pay - gave 10. It is necessary to remove all alleged extenuating circumstances (example - Serdyukov). But ... on what means will the judges live?
            1. vladimirZ
              vladimirZ 25 December 2015 15: 03
              +2
              I have already written many times that in terms of punishment it is necessary to remove the forks "from ... to ...". These forks create ...
              - WINovikov (1)

              You are not right. The "fork of punishments", as you write, is needed because each offense (crime) is individual with many nuances, the people who committed them are also individual by age, sex, characteristics, their guilt is different, assistance to the investigation and the court, repentance, etc. is also taken into account.
              And all this is taken into account when imposing punishment.
              And what you offer will mean obviously wrong punishments that do not correspond to the crime (offense).
              Judicial corruption must be dealt with in other ways.
      2. Patton5
        Patton5 25 December 2015 22: 45
        +3
        On December 8, 2015, a meeting of the ZSO on the adoption of the 2016 budget was held. The speaker of the ZSO, Anatoly Bakaev, does not give the floor to the deputy of the Communist Party faction Alexei Kurinnoy. At the beginning of the communist’s speech, Bakaev gives the command to turn on the music drowning A.V. Aleksey Kurinniy tried to propose amendments to reduce costs for the governor’s public relations, administrative apparatus, and redirect the 350 million rubles saved on this to pharmaceutical supplies and relocation from emergency housing. The regional budget was adopted under the communist anthem "The battle continues again."
      3. Lexa-149
        Lexa-149 29 December 2015 00: 15
        0
        Come on! Don’t compose! Our Themis on the building of the Armed Forces looks like this. And there is no bandage, and no punishing sword ... There is only a shield. And that is only to protect the rich and those in power.
    2. dmi.pris
      dmi.pris 25 December 2015 06: 55
      13
      We must "adapt" the legislation to the Serdyukovs and Vasilievs ...
      Quote: afdjhbn67
      Basmanny justice .. to be continued ..
      1. Dembel77
        Dembel77 25 December 2015 07: 19
        23
        Tell me, friends, why when the media reports that somewhere a monster has scored a half-dead stray puppy, the first reaction of society is pity for the animal. And this is the right reaction! But what kind of reaction arises in the same society when an attempt on the judge of any level is reported. I will not even talk! Trust and respect of ordinary people to the Soviet court, and now the Russian, as it was not - and no. And now, against the background of the general corruption of the ruling, it is better to keep silent about trust and respect for the court. Who has a lot of money - he is right, who has a lot of power - he is right, by definition, and not at all liable to justice!
        1. EvgNik
          EvgNik 25 December 2015 10: 30
          12
          Quote: Dembel 77
          I won’t even speak! The trust and respect of ordinary people in the Soviet court, and now the Russian one, as it was not, is not

          Yes, there was a case .... When I was young my wife and I had a fight, and she filed for alimony (not for divorce!). At the trial I lied that I don't give money (salary), I don't take care of children, and so on. They didn't even listen to me, though they gave the last word to say. I explained to them that now my wife will receive only alimony, and I will spend the rest of the money myself. They have balls on their foreheads: Why won't you give them away? - So by a court decision. A month later, his wife recalled alimony. This is our "justice". And now nothing has changed.
          1. Altona
            Altona 25 December 2015 13: 34
            0
            Quote: EvgNik
            In his youth, he had a fight with his wife, and she filed for child support (not for divorce!).

            -----------------------
            Women often perform such pirouettes beyond logic. You take it simply as a natural disaster or force majeure.)))
        2. dauria
          dauria 25 December 2015 10: 54
          +7
          The trust and respect of ordinary people in the Soviet court, and now the Russian, as it was not, is not.



          "There is only one decent person there - the prosecutor, and even that, if you tell the truth, is a pig" Nikolai Vasilievich ... smile
          Oh, they taught us in vain. Maybe that's why the exam was invented?
    3. knn54
      knn54 25 December 2015 07: 44
      +6
      Maybe a little off topic: in May, the Rada adopted in the first reading a bill that allows the parole of life prisoners. Poroshenko WHILE vetoed the project ...
      1. SRC P-15
        SRC P-15 25 December 2015 09: 07
        23
        And for whom the knock of the judicial hammer will become softer? ..

        I think the knock of a judicial hammer will become softer for someone who puts a soft dollar pad under this hammer. But something needs to be done with the laws:
        1. Andrey Yuryevich
          Andrey Yuryevich 25 December 2015 10: 03
          24
          Quote: СРЦ П-15
          I think the knock of a judicial hammer will become softer for someone who puts a soft dollar pad under this hammer. But something needs to be done with the laws:

          play out with such a system ...
          1. jjj
            jjj 25 December 2015 11: 54
            0
            In military courts we always have an extremely entertaining practice. But according to Vasilyeva last night at Solovyov they said that the case was ruined at the moment when the television reporters were invited to shoot the search. The investigation did not find any evidence. And the fact that the court nevertheless gave her some term is a jump above her head
    4. The comment was deleted.
  2. polite people
    polite people 25 December 2015 06: 27
    25
    We fight corruption.
  3. parusnik
    parusnik 25 December 2015 06: 32
    13
    Mdyaya, well, long live our most humane court in the world? .. Teperich against the background of an "individual" approach .. corruption will grow among judges .. As in a joke: There is no truth and will not be, Russia is sold, remained for Labor for two penny ...
    1. Andrey Yuryevich
      Andrey Yuryevich 25 December 2015 06: 42
      24
      "Zhenya V." ripped off the state ... The guarantor said: -the court will figure it out! The "court" sorted it out, apologized, returned what was taken away. Garant said: I said it will figure it out! It looks like Motherland, Justice, Law-concepts are not related to each other.
      1. Ami du peuple
        Ami du peuple 25 December 2015 06: 58
        0
        Quote: Andrey Yurievich
        It looks like homeland, justice, law-concepts are not related to each other.

        You do not confuse the Motherland with the state. If in the above formula we replace the Motherland with the state, we will see that Justice is superfluous. We get: state = law. That is, how the apparatus of suppression (do you remember Lenin's formulation of "state"?) Decides, so it will be. And everything is according to the law.
  4. Boos
    Boos 25 December 2015 06: 34
    +6
    Knock, knock I'm Vasilyeva friend ...
  5. VNP1958PVN
    VNP1958PVN 25 December 2015 06: 35
    19
    But there are also cases where the awards helped. And, perhaps, the most famous of them is the case in the case of ex-Minister of Defense Serdyukov, the judicial decision on which caused, to put it mildly, a strange public reaction, especially given the fact that the RF IC itself was promoting the case.
    Our awards do not help everyone. And not everyone has the same court. Colonel Budanov an example!
  6. Mikhail m
    Mikhail m 25 December 2015 06: 36
    10
    The law and the drawbar always went side by side, nothing in this matter is changing ...
  7. raid14
    raid14 25 December 2015 06: 36
    10
    All citizens are equal before the law, but some are more equal than others.
    1. parusnik
      parusnik 25 December 2015 06: 46
      +6
      Shemyakin court in all its glory and realities ...
  8. Same lech
    Same lech 25 December 2015 06: 42
    11
    There is an opinion that the sound of a judicial hammer will again be too soft for people who commit large-scale economic crimes, signing with 30 million rubles pens. They have the same disease, orders and minor dependents, unlike all the others ...


    That's how the state rots and dies ... one bunk with a view of the KREMLIN through the bars .... another CANARY with a view of the amber sand of the beach and beautiful girls.
  9. 205577
    205577 25 December 2015 06: 46
    32
    That's how much you can try to about how we get up from our knees, but the fact remains - in Russia, since the time of Ivan the Terrible, two justice systems continue to coexist successfully, one for the poor and the other for the rich. Perhaps the only exception is the execution of sentences in the USSR, and even then, even in the Union, the gifted had their own system of punishment.
    So, we have what we have, if you steal a bag of wheat, you sit down, if you steal ten railroad trains, you will be a respectable and "respected" businessman (official).
    And the tendency, to my great regret, is obvious - the authorities are categorically not interested in a real fight against corruption, that's what you want to tell me, but I see it with my own eyes, and for some reason I believe them more than the next "categorically different from previous "message, or direct line.
    Hey, gentlemen, at the feeding trough, do you even understand that the society is just asking for justice? Well, you bring down the country more effectively than any sanctions and military operations!
    Well, finally understand, while continuing to steal, to create injustice, you yourself create a breeding ground for any attacks from the outside.
    Well, normal people can’t understand why, in a bad situation in the country, they have to sacrifice something, but those in power do not.
    Stop until it's too late, because it can explode, and foreign helpers to find justice oh how quickly there are. They will post a couple of weeks of reports on lured channels with real facts of theft and corruption, and people will take to the streets. Will you blame them for separatism, disperse OMON riot police, the history of Ukraine tells you nothing? After all, not all Natsiks were there, most of them went for the truth there.
    1. Cobra77
      Cobra77 25 December 2015 07: 16
      +4
      I may tell you a secret, but such is the judicial system everywhere. Even in the den of democracy and justice in Britain. Money and power always and everywhere give preferences, no naivety is needed. Here is an example http://izvestia.ru/news/599511 :)
      1. 34 region
        34 region 25 December 2015 07: 36
        +1
        That's just issued, the page does not exist.
        1. delvin-fil
          delvin-fil 25 December 2015 09: 57
          +8
          No, it opens.
      2. tomket
        tomket 25 December 2015 10: 04
        +3
        Quote: cobra77
        I may tell you a secret, but such is the judicial system everywhere. Even in the den of democracy and justice in Britain. Money and power always and everywhere give preferences, no naivety is needed.

        And why, then, in the United States, to see a billionaire behind bars or some kind of "star" in correctional labor is a common thing, while in our country this is the event of the century?
    2. JACTUS RECTUS
      JACTUS RECTUS 25 December 2015 09: 49
      +1
      Believe me, dear, nobody will like your justice if God forbid it comes. We all use the fruits of corruption, it makes our lives easier. Corruption and lies are the foundation, the foundation of a financially oriented economy, whether you like it or not, believe it or not. , this is a fact, and justice, it is cruel and in the next world we all know it in our own skin and most of it will not like it.
    3. EvgNik
      EvgNik 25 December 2015 10: 41
      +5
      Quote: 205577
      So, we have what we have, if you steal a bag of wheat, you sit down, if you steal ten railroad trains, you will be a respectable and "respected" businessman (official).

      Today we have news in the Perm Territory - the deputy appropriated 3000 !!!! rubles for a "communal apartment". And something tells me that the term (if the trial takes place) will be much longer than that of Vasilyeva.
    4. Vladimir 1964
      Vladimir 1964 25 December 2015 13: 44
      +2
      Quote: 205577
      That's how much you can try to about how we get up from our knees, but the fact remains - in Russia, since the time of Ivan the Terrible, two justice systems have continued to coexist successfully, one for the poor and the other for the rich. Perhaps the only exception is the execution of sentences in the USSR, and even then, even in the Union, there was a system of punishment for the gifted ...


      I liked your comment, colleague. Himself in the morning wrote about Chubais, who, in my deep conviction, is much worse than all the "fifth" columns. hi
      Per comment good good good soldier
  10. Denis DV
    Denis DV 25 December 2015 06: 53
    13 th
    I think Kvachkov was convicted for not completing the matter to the end and as the last spirit pierced. Attempted murder, terrorism is not a fraud, where the guilt can be made atone by a ruble and "repentance". The authorities (courts) do not divide terrorists into good and bad, merits will not help here.
    1. Cobra77
      Cobra77 25 December 2015 07: 11
      12
      Quote: Denis DV
      I think Kvachkov was convicted for not completing the matter to the end and as the last spirit pierced. Attempted murder, terrorism is not a fraud, where the guilt can be made atone by a ruble and "repentance". The authorities (courts) do not divide terrorists into good and bad, merits will not help here.


      You are sorry, but you write nonsense. Large thefts and negligence are often worse than killing. For they have vast consequences, if not now, in a year or two. You yourself can probably guess for example the consequences with Oboronservis and Serdyukov for the defense of the country and the military-industrial complex. And the article on terrorism is generally rubber. With some dexterity and desire, a lot can be pulled there.
      1. Denis DV
        Denis DV 25 December 2015 07: 47
        13 th
        Quote: cobra77
        And the article on terrorism is generally rubber. With some dexterity and desire, a lot can be pulled there.

        Dear, for the 205th article you can’t tighten anything but terrorism! Learn the materiel! You climb with the pork snout in the Kalash line.
        1. moskowit
          moskowit 25 December 2015 08: 25
          +4
          "Be rude, lad." (Ellochka the ogre)
    2. asiat_61
      asiat_61 25 December 2015 10: 30
      +3
      But for such thoughts you can find yourself in court. You want to say that a Soviet saboteur with experience, could not threaten suckers? This is an obvious slander to the Soviet Army.
      1. Denis DV
        Denis DV 25 December 2015 10: 47
        -2
        Quote: asiat_61
        You want to say that the Soviet saboteur with experience, could not threaten the suckers? This is an obvious slander to the Soviet Army.

        Obviously could not hi
        Quote: asiat_61
        But for such thoughts you can be in court.

        not allowed laughing
      2. The comment was deleted.
  11. The comment was deleted.
    1. Cobra77
      Cobra77 25 December 2015 07: 12
      +4
      Quote: Russian Uzbek
      it is not surprising that such an article appeared on VO ... this site will soon surpass the ever-memorable "edges"!


      But in fact, can you argue for the article? What's wrong with her?
      1. Russian Uzbek
        Russian Uzbek 25 December 2015 07: 26
        -6
        "" "you don't need to be a big expert in the field of jurisprudence to understand the essence of the changes" ""
        the author is not a fig, not a lawyer, but makes far-reaching conclusions based on one EVENT ...
        which FIRST happened long before this "amendment" And has a very distant relation to it
        and SECONDLY: what does the author sculpt as an example of a chela who has a bunch of completely "legal benefits" ??? here you have the length of service and a bunch of state awards and old age ...
        not convincingly, in short ...
        but to ignite, so that all the local whoopers screamed again: "" "in Russia, since the times of Ivan the Terrible, two systems of justice continue to successfully coexist, one for the poor, the second for the rich !!!" "" (THEY ALREADY ALL EVERYTHING HERE HAS CHANGED WITHOUT LOOKING AT EARLY MORNING;)) - go!
        1. matross
          matross 25 December 2015 08: 53
          +1
          I will support you. Dear Alexey Volodin, wrote an emotional article, but ... sorry, unprofessional. It makes no sense to argue, here, in general, everything is completely far-fetched. Although in general - yes, to call the Russian judicial system effective and independent would be quite ... uh ... bold hi
          1. hrapon
            hrapon 25 December 2015 10: 11
            -3
            Quote: matRoss
            I will support you. Dear Alexey Volodin, wrote an emotional article, but ... sorry, unprofessional. It makes no sense to argue, here, in general, everything is completely far-fetched. Although in general - yes, to call the Russian judicial system effective and independent would be quite ... uh ... bold hi



            Absolutely agree. The resolution of the RF Armed Forces, which served as the occasion for the article, is actually useful. The Supreme Court obliges the courts, when deciding a sentence, to take into account not only those circumstances that are listed in part 1 art. 61 of the Criminal Code, but also any others that really influenced the degree of public danger of the crime. The courts obliged to specifically refer to them in sentences and, in view of this, to practically differentiate punishment. In simple words: if under similar circumstances there are similar extenuating circumstances - the punishment should be similar. In practice, it was often not so - one was given less, and the other for a similar act under similar circumstances and even in the presence of extenuating circumstances - more. Now, thanks to the Supreme Court, such a discrepancy may become the basis for changing the sentence during the review of the case by a higher authority.

            This Resolution of the Supreme Council is precisely aimed at preventing "selective mercy" in relation to the Serdyukovs and Vasilievs and others. By itself, it does not completely solve this problem, but it is a significant step in this direction.

            Trandet that "fsёpopalo" - no need for much mind.
        2. The comment was deleted.
          1. Glukashin
            Glukashin 25 December 2015 13: 24
            +6
            I think for the cause. Here, I suppose not the lawyers basically gathered. Well, that’s not important. No need to be a cook to understand that the dish is poorly prepared. We see the results of our law enforcement and judicial systems in life. And chesslovo, sickened, and there is no longer any desire to listen to the chatter of the powerful and their defenders. Enough.
        3. EvgNik
          EvgNik 25 December 2015 10: 51
          +4
          Quote: Russian Uzbek
          to ignite, so that all the local whoopers screamed again: "" "in Russia, since the time of Ivan the Terrible, two systems of justice continue to successfully coexist, one for the poor, the second for the rich !!!

          Prove that this is not so, that justice is the height of perfection, that everyone is condemned lawfully, and so on. On specific examples.
          1. Russian Uzbek
            Russian Uzbek 25 December 2015 14: 34
            -1
            show the "ideal system" ... the system will never be perfect, the law and the court will always treat respectable citizens and balls in different ways
        4. vandarus
          vandarus 25 December 2015 11: 30
          +1
          Not minus, but I will tell you. Maybe because of your style? By the way, the retirement age and length of service are not a mitigating circumstance, but this is the case for "lawyers" ...
        5. The comment was deleted.
  12. 34 region
    34 region 25 December 2015 07: 09
    +3
    Social justice! Financial justice! What does it consist of? Are we for rich people or for the poor? For the rich? So we will not produce poverty, but we will produce the rich. Theft? And what is theft? If you and I signed papers and shook hands is this theft? This is a business! Just fine! Is this one amount or one percent of income? A fine of 5 thousand is half the salary for me, but nothing for you on Lexus. Maybe you should talk about this topic?
  13. Teplohod
    Teplohod 25 December 2015 07: 11
    +5
    The essence of the article is that for some citizens nothing will change.
  14. sa-ag
    sa-ag 25 December 2015 07: 13
    +6
    "... Does the logic of the court lend itself to any explanation?"

    Obviously it lies in a call from a telephone without a dialer
  15. Support
    Support 25 December 2015 07: 18
    17
    In nature, domestic politics is already beginning to get. In the country, inflation - the number of the rich has increased, prices for everything are rising, the social network has been lowered below the baseboard, crime is starting to hover. According to criminal and other laws, we are gradually driven into serfdom with vague explanations from the bureaucrats. I get the impression that the work of the Jew Trotsky lives and thrives. Sometimes I want to take up arms and go to extinguish arrogant fat deputies, corrupt (I have not heard of others) judges and other masters of life. Damn, how much can you get hungry? The bear is narcissistic. Domestic economic policy nullifies all the successes of geopolitics. It seems that some kind of cattle is preparing the people to support freaks such as white puppies. What are they doing? And it was alerted that certain structures received the right to use weapons to defeat without warning. This generally seems to me an application to suppress any protest of the people. This is in the course of all the same kayuk of Russia. Fair and beloved by all honest people of Russia. Russia will remain as a scarecrow for niggaz and another lumpen. Spirited Russia. Sold for sausage and pads for every day ......
    1. Vladislav 73
      Vladislav 73 25 December 2015 07: 52
      10
      About the weapon they removed from the tongue. The Wild West gave rise to the proverb - Sam Colt came and called everyone up! But we can’t call this system wild capitalism anyway. Everything goes to that (the equation of people according to Sam Colt) goes! about social programs, you are careful belay Then I somehow wrote in the comments to another article about social programs, so I just didn’t get answered, like, I got really fucked up, I have the nerve to demand something else! Like, I’ve never died of hunger, and rejoice? belay
    2. EvgNik
      EvgNik 25 December 2015 10: 58
      +3
      Quote: Prop
      Spirited Russia. Sold for sausage and pads for every day

      Actually a plus, but I do not agree with this. Not everyone sold out, and Russia has not yet disappeared, although every day it is closer to the abyss.
  16. rotmistr60
    rotmistr60 25 December 2015 07: 26
    17
    Is judicial logic amenable to at least some explanation?

    It gives in and and for a long time. If you belong to the "system", then for you there is always a loophole in the Criminal Code - if the case could not be ruined, then in the worst case, 7 years probation (it was necessary to think of this). If you are a simple Russian citizen, then I'm sorry - the law is harsh and the punishment is not revolting.
  17. Great-grandfather of Zeus
    Great-grandfather of Zeus 25 December 2015 07: 30
    +3
    The law is a text printed on paper, and in the presence of another "paper", sorry for Colombourg, the law can be read in two ways and not at all, which is in the order of things for us.
    1. asiat_61
      asiat_61 25 December 2015 10: 43
      +4
      I agree with you. The law should have only one interpretation. If there are more than one interpretation, this is not a law but a wish. The judge will choose at the discretion.
  18. Fox
    Fox 25 December 2015 07: 37
    +6
    just judges are not subject to jurisdiction. and making decisions "based on the inner convictions of the judge" is from the Case. then the judge paid 50tr (with a salary of 150). Then, however, he appealed against him (the lawyer was experienced and he was crazy about the nakedness of the judge). The court lasted 13 months . in arbitration-5 !!!!! minutes ... and the judge ... is known in the prosecutor's office. the bribe. is still "serving".
  19. Vladislav 73
    Vladislav 73 25 December 2015 07: 38
    +5
    There is nothing surprising! As soon as discussions begin on the topic of toughening punishment, confiscation, the death penalty and others, a liberal howl about "damned totalitarianism" immediately rises, and all sorts of "human rights activists" in all kinds of talk shows, foaming at the mouth, prove that this is impossible .. And this is a resolution of the RF Armed Forces from the same opera. The powers that be are trying with all their might to protect themselves from any encroachments. And all the talk about the fight against corruption is shaking the air for the internal consumption of the masses (the electorate). With "wild capitalism" nothing else can be expected ...
  20. Prosecutor
    Prosecutor 25 December 2015 08: 09
    +4
    I cannot assess Vasilyeva as a lawyer in court decisions, since I did not participate in this case. As a citizen, I certainly do not like it, they do not smell very good.
    Although, like many other criminal cases recently.
    However, I have a question for the author. How does the information occasion relate to the circumstances indicated in the article: Resolution of the Plenum of the Armed Forces? The provisions on the possibility of recognition as mitigating of any circumstance not specified in the law, and the restriction of such in relation to aggravating are contained in Art. 61-63 of the Criminal Code of the Russian Federation since 1996, from the moment of its adoption, and so far no one has been bothered, because such cases really happen in practice.
    Distort why?
    And after all the person was not too lazy, climbed into the Plenum.
    PS Mallets are not officially a symbol of the judiciary and most judges do not have it.
  21. vandarus
    vandarus 25 December 2015 08: 14
    +6
    With 1 (ONE!)% Of acquittals, the question arises, do we have that the inquiry, investigation, prosecutor's office entirely consist of refined professionals in the extreme degree of infallibility? Regarding liberalization: in the media "there was a wave" of statements about the need to liberalize criminal legislation, namely, "recommendations" to courts more often to apply non-custodial punishments and more often to impose a fine in the form of the main punishment, Putin, Zhirinovsky, etc. noted. ... Do you feel where the wind is blowing? "Let's cut costs, increase revenues ...."
  22. hohryakov066
    hohryakov066 25 December 2015 08: 17
    +1
    Interestingly, why is everyone so excited? There was NEVER justice in court! Whoever thought differently was cruelly mistaken. The court judges by law, not justice, but laws ....
  23. zoknyay82
    zoknyay82 25 December 2015 08: 28
    +4
    Arbitrariness of judges is more terrible than any serious crimes! this is the manure on which the org blooms. crime. ... "but unofficially - humanism, which most often does not apply to the majority of ordinary accused." ... if there is not enough money, I will add. And I will add how a young girl who has seen little in her life can judge people impartially and understand the most difficult life circumstances?
  24. pts-m
    pts-m 25 December 2015 08: 48
    +2
    And everything comes from equality. But he was not, never will be. No matter how indignant we are.
  25. moskowit
    moskowit 25 December 2015 08: 48
    +3
    "The law is that the tongue, as it turned, so it happened." - Russian folk proverb. Invented by our ancestors.
    Not so long ago, there was a term "socially close", so it now refers to those in power ... And now you can have complete confidence that after a number of arrests on major corruption episodes (the investigation will continue for more than one year), the courts later, given the "huge the merits of the defendants to the state ", will endure ridiculous" punishments "...
  26. Stalnov I.P.
    Stalnov I.P. 25 December 2015 08: 51
    +7
    WHAT IS POP AND COME. The Supreme Council could not form somewhere for about two years, there were no judges who would not have a conflict of interest, so they formed, received "professionals" who concocted this judicial DLNP. Here is the answer to you who is judging us. The most terrible thing is that first of all it hits the ordinary PEOPLE, but for some reason the GUARANTOR does not see this, the question is, where is his legal education, where is the protection of the PEOPLE. Everything is as usual and the example with the FSB cadet in Kaliningrad is a worthy example of that. Even the FSB began to turn into a trash heap, compared to the KGB, the Chekists are not ashamed. There is a feeling that the government has completely lost shame, mediocrity, stupidity, carelessness are flourishing, and there is nothing to say about corruption and bribes.
    1. KUOLEMA
      KUOLEMA 25 December 2015 10: 36
      +4
      The KGB turned into a garbage dump under Gorbi, with his connivance, a couple of agents of influence destroyed the USSR, its generals fled abroad with all the reasons and lists of agents
    2. goose
      goose 25 December 2015 11: 16
      +3
      Quote: I.P. Stalnov.
      Even the FSB began to turn into a garbage dump, compared with the KGB, the Chekists are not ashamed

      The FSB got into the trash after the mass exodus of KGB officers in 1991. You will be surprised, but these people served a specific country, and even if they had not been forcibly dispersed, they would have left, because they had no desire to serve the new master.

      Crime came and lay people.
  27. NordUral
    NordUral 25 December 2015 09: 44
    +1
    All this is in line with the fight against corruption. I don’t put the quotes, the smart one will understand, and the stools all know so, everything will be fine.
  28. Old warrior
    Old warrior 25 December 2015 10: 16
    0
    Laws are accepted by people for themselves, therefore the laws are evil. Justice is a panacea for deceit. The meaning is this: the State has the right to punish the offender by law, and the citizens - by justice. All this is Harmony.
  29. uskrabut
    uskrabut 25 December 2015 10: 18
    +2
    The problem is not the law, the problem is in the system. Judges and prosecutors should be elected by direct election in the territory where they will work, and a procedure for early termination of powers should be envisaged. In this case, at least they will look back at the people and not be impudent.
  30. runway
    runway 25 December 2015 10: 32
    +4
    Firstly, I wish that none of the site visitors had to defend their rights in court ...
    Secondly, if you suddenly have to, then you must defend your rights. At the same time, go to all levels and with a good lawyer. Then, not thanks to the bribe, it is quite possible to achieve the desired result.
    Thirdly, if our current leaders declare the fight against corruption, they do not at all fit in with their body movement program. What kind of concessions can we talk about if I TAKE A BRIBE! So what if he held a high post and have awards. With this approach, all senior officials are additionally guaranteed to be protected - paid a miserable fine, and go for a walk .... To defeat corruption, two things must be introduced - education and fear of punishment, which should be like in China. But our leaders will never go for it - it's like signing a death sentence for yourself ....
    1. EvgNik
      EvgNik 25 December 2015 11: 05
      +3
      Quote: piston
      At the same time go to all levels and with a good lawyer

      A good lawyer costs a lot of money. I `m a pensioner. Question: do I have that kind of money if I was neither a deputy nor a businessman?
      1. vandarus
        vandarus 25 December 2015 11: 15
        +3
        No good lawyer in 99% of cases will help you (in criminal proceedings) because the prosecutor and the court act "in conjunction". There is a chance to avoid a sentence only at the stage of investigation (inquiry) before the presentation of the indictment. A "good lawyer" is simply an expensive fraud.
        1. runway
          runway 25 December 2015 15: 19
          +1
          A good lawyer will work out the money you spend for him.
          A good lawyer will not let you go to the investigator, prosecutor and judge.
          Unfortunately, scammers very often appear under the guise of lawyers. But that is a different topic.
          Thank you for responding to my comment.
      2. The comment was deleted.
    2. would
      would 25 December 2015 16: 34
      +2
      I’ll add separately for active servicemen, and especially for those planning to retire: Study the law on obtaining an apartment \ certificate \ subsidy. There are frequent cases of unlawful refusals to receive the required 100% set of all requested clean documents to which the nose mosquito will not tarnish. The deadline for appealing in a judicial proceeding according to my opinion is 3 months and if during this time a competent application to the court is not drawn up and filed, but rather a lawyer from an office specializing in these cases is hired, then with things to exit the office apartment.
  31. Oprichnik
    Oprichnik 25 December 2015 11: 01
    +1
    I would like to know at least one author of any law. They would subscribe, perhaps ... After all, it is not Zak. The meeting, I think, "composes" them. Maybe then some of our questions would have disappeared?
    Who are the authors? Name, address, nationality, size of boots ???
    1. vandarus
      vandarus 25 December 2015 11: 10
      +1
      The signature is on the last page of any legislative act. Read it ... wink
    2. The comment was deleted.
  32. floodovik
    floodovik 25 December 2015 11: 15
    -3
    Why did you need it? Judges were required to indicate aggravating and mitigating circumstances in the verdict, thereby covering up the corruption krantik by increasing the transparency of the judicial decision. The rest of the flood is probably from the suddenly opened lower chakra.
  33. Taygerus
    Taygerus 25 December 2015 11: 45
    +2
    Quote: Andrew Y.
    "Themis" is not in vain blindfolded ...


    at the supreme court, Fimida is standing without a bandage, and instead of a sword and her shield, it means not punishing, but roofing
  34. sw6513
    sw6513 25 December 2015 11: 53
    +1
    The essence of the article is that the ranks are allowed to steal and nothing will happen to them.
  35. The comment was deleted.
  36. ltc35
    ltc35 25 December 2015 13: 55
    +3
    Sometimes you can just repent ...
  37. Cobra77
    Cobra77 25 December 2015 14: 05
    0
    Quote: tomket
    Quote: cobra77
    I may tell you a secret, but such is the judicial system everywhere. Even in the den of democracy and justice in Britain. Money and power always and everywhere give preferences, no naivety is needed.

    And why, then, in the United States, to see a billionaire behind bars or some kind of "star" in correctional labor is a common thing, while in our country this is the event of the century?


    Maybe you're just confusing internal squabbles between "more equal" and the triumph of justice and equality before the law? Duck is what we have. The brightest Khodorkovsky. :) A couple of other mayors-governors were brought down.
  38. Cobra77
    Cobra77 25 December 2015 14: 16
    +1
    Quote: Denis DV
    Quote: cobra77
    And the article on terrorism is generally rubber. With some dexterity and desire, a lot can be pulled there.

    Dear, for the 205th article you can’t tighten anything but terrorism! Learn the materiel! You climb with the pork snout in the Kalash line.


    Well, that is, there are no arguments, because we immediately went on to insults.

    The problem is that you have not even thought with your "faithful snout" about the definition of the word terrorism. And in order to pull you up to the article, you just need to give an opinion that your actions correspond to the concept of terrorism.
  39. 16112014nk
    16112014nk 25 December 2015 17: 00
    +2
    For our liberals in power, the West is the light in the window. Whatever the West does wrong, they immediately try to do it with us. IMF redraws its laws for the sake of Ukraine. Our liberals are redrawing the Criminal Code for the home-grown bourgeoisie. Well, of course, this is all at the request of the working people! And something good in the West passes by the attention of the liberals. Apparently, they have a purely differentiated one.
    1. Karabin
      Karabin 25 December 2015 18: 58
      +2
      Quote: 16112014nk
      Well, of course, this is all at the request of the working people!

      By itself. Putin's rating is 85%, Medvedev's is 62%, EdRo wins everywhere and everywhere and almost always has an absolute majority in the Duma and the legislative assemblies of the regions. For what they fought, then get it.
  40. TOR2
    TOR2 25 December 2015 22: 23
    +1
    In transport, I overheard a conversation between two pretty grown-up guys. From a fragment of the conversation, I learned that modern bitch has an interesting way to get rid of her annoying husband. It turns out everything is just enough to blame him for sexual harassment of a child. Not so long ago, wandering through the expanses of the Internet, I followed a link to a medical resource. So there was an article about how an ophthalmologist looked at the fundus of a girl (many know how this procedure is performed). Mom’s chicken brain apparently jammed and she decided that the doctor wanted to kiss the girl. Final - a doctor who worked for more than a dozen years in a polyclinic. Apparently the young people were not far from the truth.
    So the biggest danger for people comes precisely from the legislation, which has already been repeatedly mentioned above.
  41. Mikhail Krapivin
    Mikhail Krapivin 25 December 2015 22: 29
    +1
    Strange article, with strange examples. And Chirkin, and Kvachkov, and Vasilyeva with Serdyukov - this is politics, where there is politics, there are completely different principles than legality, justice, validity, responsibility for the deed. There is no fault of the judges here, ordinary cogs, they were told they did - and would try not to. They said to give Chirkin - they gave a real term, the situation changed - they said to give a fine instead of a term - they gave, but where to go. The judge bases his decision (sentence) on the internal conviction that arose as a result of the study of the totality of evidence in the case. When imposing a sentence, mitigating and aggravating circumstances must be taken into account, their ignoring by a judge is a 100% basis for canceling a sentence. It has always been like this - now, ten years ago, fifty years ago, this is the basic principle of sentencing. Why all this reasoning of the author is completely incomprehensible. Minus article.
  42. Seneca
    Seneca 26 December 2015 04: 40
    0
    Quote: Altona
    Quote: EvgNik
    In his youth, he had a fight with his wife, and she filed for child support (not for divorce!).

    -----------------------
    Women often perform such pirouettes beyond logic. You take it simply as a natural disaster or force majeure.)))

    Women yes. It’s as if excusable. And the court is not like a woman)
  43. Snoop
    Snoop 27 December 2015 21: 12
    0
    Why all the fuss? The Criminal Code of the Russian Federation already indicates that mitigating and aggravating circumstances must be taken into account. In the old RFPVs of the Russian Federation, the same rules were indicated. As for subjectivity ... then the judge decides according to his inner conviction and on the basis of the law. Different judges, different sentences, according to the same articles.