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 ...
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  1. afdjhbn67
    afdjhbn67 25 December 2015 06: 25 New
    19
    Basmanny justice .. to be continued ..
    1. Andrey Yuryevich
      Andrey Yuryevich 25 December 2015 06: 37 New
      12
      "Themis" not in vain in a blindfold ...
      1. Thunderbolt
        Thunderbolt 25 December 2015 06: 44 New
        30
        Quote: Andrew Y.
        "Themis" not in vain in a blindfold ...
        Under the blindfold is still worse than you think ...
        1. PHANTOM-AS
          PHANTOM-AS 25 December 2015 06: 54 New
          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 New
              +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 New
          +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 of V. Kvachkov, and many other “high-profile” cases, this is from the area 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. It hurts the state, and accordingly all its structures, including judicial ones, are also sick.
          1. WINovikov
            WINovikov 25 December 2015 14: 40 New
            +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 - they gave a year, nothing to pay - they gave 10. We must remove all supposedly mitigating circumstances (an example is Serdyukov). But ... with what means will the judge live?
            1. vladimirZ
              vladimirZ 25 December 2015 15: 03 New
              +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 “plug of punishments,” as you write, is needed because each offense (crime) is individually with many nuances, the people who committed them are also individual by age, gender, characteristics, their guilt is different, assistance to the investigation and the court, remorse, etc. are 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 New
        +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 New
        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 New
      13
      It’s necessary to “adapt” the legislation to Serdyukov’s and Vasiliev’s ...
      Quote: afdjhbn67
      Basmanny justice .. to be continued ..
      1. Dembel77
        Dembel77 25 December 2015 07: 19 New
        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 New
          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 thing .... In his youth, he had a fight with his wife, and she filed for child support (not for divorce!). At the court, I lied that I didn’t give money (salary), I didn’t deal with 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 the wife will receive only child support, and I will spend the rest of the money. They have balls on their foreheads: Why won't you give them away? - So by court order. A month later, his wife recalled child support. This is our "justice". And now nothing has changed.
          1. Altona
            Altona 25 December 2015 13: 34 New
            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 New
          +7
          The trust and respect of ordinary people in the Soviet court, and now the Russian, as it was not, is not.



          "One there is only a decent person - the prosecutor, and even that, to tell the truth, a pig" Nikolai Vasilyevich .... smile
          Oh, they taught us in vain. Maybe that's why the exam was invented?
    3. knn54
      knn54 25 December 2015 07: 44 New
      +6
      Maybe a little off topic: in May, the Rada adopted in the first reading a bill that allows for the parole of life-sentenced prisoners. Poroshenko WHILE "vetoed" the project ...
      1. SRC P-15
        SRC P-15 25 December 2015 09: 07 New
        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 New
          24
          Quote: SRC P-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 New
            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 New
    25
    We fight corruption.
  3. parusnik
    parusnik 25 December 2015 06: 32 New
    13
    Mdyayaya, well, long live our court, the most humane in the world? .. Now, against the backdrop of an “individual” approach .. corruption will also grow among judges .. As in the joke: There is no truth and will not be, Russia is sold, it remains for Labor for two penny ...
    1. Andrey Yuryevich
      Andrey Yuryevich 25 December 2015 06: 42 New
      24
      "Zhenya V." the state was jerking ... The guarantor said: -the court will figure it out! The "court" figured out, apologized, returned it was taken away. The guarantor said: I told you to figure it out! It looks like homeland, justice, law-concepts are not related to each other.
      1. Ami du peuple
        Ami du peuple 25 December 2015 06: 58 New
        0
        Quote: Andrew Y.
        It looks like homeland, justice, law-concepts are not related to each other.

        You do not confuse the homeland with the state. If we replace the Motherland with the state in the Higher Formula, then we will see that Justice is superfluous. We get: state = law. That is, how the suppression apparatus (remember the Leninist wording of the "state"?) Will decide, so it will be. And all according to the law.
  4. Boos
    Boos 25 December 2015 06: 34 New
    +6
    Knock, knock I'm Vasilyeva friend ...
  5. VNP1958PVN
    VNP1958PVN 25 December 2015 06: 35 New
    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 New
    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 New
    10
    All citizens are equal before the law, but some are more equal than others.
    1. parusnik
      parusnik 25 December 2015 06: 46 New
      +6
      Shemyakin court in all its glory and realities ...
  8. Same lech
    Same lech 25 December 2015 06: 42 New
    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 New
    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, you steal ten trains, you will be a solid and "respected" businessman (official).
    And the tendency, to my great regret, is evident - the authorities are categorically not interested in the 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 straight 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 New
      +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 New
        +1
        That's just issued, the page does not exist.
        1. delvin-fil
          delvin-fil 25 December 2015 09: 57 New
          +8
          No, it opens.
      2. tomket
        tomket 25 December 2015 10: 04 New
        +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 USA to see a billionaire behind bars or some sort of "star" in correctional labor is a common thing, and we have this event of the century?
    2. JACTUS RECTUS
      JACTUS RECTUS 25 December 2015 09: 49 New
      +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 New
      +5
      Quote: 205577
      So we have what we have, if you steal a bag of wheat - you sit down, you steal ten trains, you will be a solid and "respected" businessman (official).

      Today we have news in the Perm Territory - the deputy appropriated 3000 !!!! rubles for the "communal". And something tells me that the term (if the trial takes place) will be much longer than Vasilyeva’s.
    4. Vladimir 1964
      Vladimir 1964 25 December 2015 13: 44 New
      +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 ...


      Like your comment, colleague. In the morning, he 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 New
    -13
    I think that Kvachkov was convicted of the fact that he did not finish the job and how the spirit pierced it. Attempted murder, terrorism - this is not fraud, where you can make amends with the ruble and “repentance”. The authorities (court) do not divide the terrorists into good and bad, here merits will not help.
    1. Cobra77
      Cobra77 25 December 2015 07: 11 New
      12
      Quote: Denis DV
      I think that Kvachkov was convicted of the fact that he did not finish the job and how the spirit pierced it. Attempted murder, terrorism - this is not fraud, where you can make amends with the ruble and “repentance”. The authorities (court) do not divide the terrorists into good and bad, here merits will not help.


      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 New
        -13
        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 New
          +4
          "Hamite, kid." (Ellochka the ogre)
    2. asiat_61
      asiat_61 25 December 2015 10: 30 New
      +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 New
        -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 New
      +4
      Quote: Russian Uzbek
      it is not surprising that such an article appeared in VO ... this site will soon surpass the memorable "facets"!


      But in fact, can you argue for the article? What's wrong with her?
      1. Russian Uzbek
        Russian Uzbek 25 December 2015 07: 26 New
        -6
        "" "does not need to be a great expert in the field of jurisprudence in order 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 SECOND: why does the author sculpt as an example a brow who has a whole bunch of "legal legal benefits" for himself ??? here you have both the length of service and a lot of state awards and old age ...
        not convincingly, in short ...
        but for kindling, so that all local clicks would yell again: "" "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 !!!" "" (THEY ARE ALREADY EVERYTHING EVERYTHING HERE WAS DETECTED NOT WATCHING EARLY MORNING;)) - it will do!
        1. matross
          matross 25 December 2015 08: 53 New
          +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 New
            -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 Decree of the Armed Forces is precisely aimed at preventing "selective mercy" in relation to Serdyukov and Vasiliev and not only. In itself, it does not completely solve this problem, but is a significant step in this direction.

            Trande that "fsepropalo" - a lot of mind is not needed.
        2. The comment was deleted.
          1. Glukashin
            Glukashin 25 December 2015 13: 24 New
            +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 New
          +4
          Quote: Russian Uzbek
          to ignite, so that all local clicks would yell again: "" "in Russia, since the time of Ivan the Terrible, two justice systems have continued to coexist successfully, one for the poor and one 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 New
            -1
            show the "ideal system" ... the system will never be perfect, always the law and the court will relate differently to respectable citizens and balloons
        4. vandarus
          vandarus 25 December 2015 11: 30 New
          +1
          I didn’t minus, but I will tell you. Maybe because of your style? By the way, retirement age and length of service are not a mitigating circumstance, but this is so for "lawyers" ...
        5. The comment was deleted.
  12. 34 region
    34 region 25 December 2015 07: 09 New
    +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 New
    +5
    The essence of the article is that for some citizens nothing will change.
  14. sa-ag
    sa-ag 25 December 2015 07: 13 New
    +6
    "... Is judicial logic amenable to at least some explanation?"

    Obviously it lies in a call from a telephone without a dialer
  15. Support
    Support 25 December 2015 07: 18 New
    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 New
      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 New
      +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 New
    17
    Is judicial logic amenable to at least some explanation?

    Amenable to and with a long time. If you belong to the “system”, then there will always be a loophole in the Criminal Code for you - if it didn’t manage to break up, then in the worst case it’s 7 years conditionally (it had to be thought of like that). If you are a simple Russian citizen, then I'm sorry - the law is harsh and the punishment is not inevitable.
  17. Great-grandfather of Zeus
    Great-grandfather of Zeus 25 December 2015 07: 30 New
    +3
    The law is a text printed on paper, and if there is another “paper”, sorry for the law, you can read the law in two ways and not execute at all, which is the order of things.
    1. asiat_61
      asiat_61 25 December 2015 10: 43 New
      +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 New
    +6
    just the judges are beyond the jurisdiction. and making decisions "based on the inner convictions of the judge" is from the case. the judge then paid 50tr (with a salary of 150). then he appealed against it (he was an experienced attorney and he was overextended by the judge’s nudity). The trial lasted 13 months .in arbitration-5 !!!!! minutes ... and the judge ... is known in the prosecutor's office. the bribe taker. still "serves".
  19. Vladislav 73
    Vladislav 73 25 December 2015 07: 38 New
    +5
    There is nothing surprising! As soon as discussions begin on toughening punishment, confiscation, the death penalty and other things, a liberal howl about “damned totalitarianism” immediately arises, and all kinds of “human rights activists” in all kinds of talk shows with foam at the mouth prove that it’s impossible .. .And this is a resolution of the RF Armed Forces from the same opera. Those in power are trying to protect themselves from any encroachment by all means. And all the talk about the fight against corruption is air shaking for the internal consumption of the masses (electorate). With "wild capitalism" nothing else can be expected .
  20. Prosecutor
    Prosecutor 25 December 2015 08: 09 New
    +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 New
    +6
    With 1 (ONE!)% Acquittal, the question arises, do we have that the inquiry, the investigation, the prosecutor’s office consist entirely of refined professionals to the utmost degree of infallibility? Regarding liberalization: the media “went a wave” of statements about the need to liberalize criminal legislation, namely, “recommendations” to the courts more often to apply punishments not related to imprisonment and more often impose a fine in the form of the main punishment, Putin, Zhirinovsky, etc. noted. . Do you feel where the wind is blowing? "Reduce costs, increase revenues ...."
  22. hohryakov066
    hohryakov066 25 December 2015 08: 17 New
    +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 New
    +4
    The arbitrariness of judges is more terrible than any serious crimes! this is manure on which org. crime. ... "but unofficially it is humanism, which for some reason does not apply to most ordinary defendants for some reason." ... if there is not enough money, I’ll add. And I’ll add, as a young girl, who has seen little in life, can judge people impartially and understand the most difficult life circumstances?
  24. pts-m
    pts-m 25 December 2015 08: 48 New
    +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 New
    +3
    "The law that draws as it turned, so it happened." - Russian folk proverb. Invented by our ancestors.
    Not so long ago, there was the term "socially close", so now it refers to those in power ... And now you can have full confidence that after a series of arrests on major corruption episodes (the investigation will last more than one year), then the courts, given the "huge the defendants' merits to the state, "will endure ridiculous" punishments "...
  26. Stalnov I.P.
    Stalnov I.P. 25 December 2015 08: 51 New
    +7
    WHAT IS POP SUCH AND ARRIVAL. The armed forces could not form somewhere around two years, there were no judges who did not have a conflict of interest, they formed, received "professionals" who concocted this judicial DLNP. Here is the answer to you who is judging us. The worst thing is that first of all it hits the SIMPLE PEOPLE, but for some reason the GUARANTEE does not see this, the question is, where is his legal education, where is the PEOPLE defense. Everything, as always, is an example with the FSB cadet in Kaliningrad, which is a worthy example. Even the FSB has begun to turn into a garbage dump, compared to the KGB, the Chekists are not ashamed. The feeling that the government has completely lost shame, mediocrity, stupidity, disorder, flourishes about corruption and bribes, and there’s nothing more to say.
    1. KUOLEMA
      KUOLEMA 25 December 2015 10: 36 New
      +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 New
      +3
      Quotation: I.P.
      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 New
    +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 New
    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 New
    +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 New
    +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 New
      +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 New
        +3
        In 99% of cases, no good lawyer 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 the investigation (inquiry) until the indictment is presented. A "good lawyer" is just an expensive fraudster.
        1. runway
          runway 25 December 2015 15: 19 New
          +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 New
      +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 New
    +1
    I would like to know at least one author of any law. Would you sign it or something ... After all, it’s not Zak. The Assembly, I think, “composes them”. Maybe then some of our questions would disappear?
    Who are the authors? Name, address, nationality, size of boots ???
    1. vandarus
      vandarus 25 December 2015 11: 10 New
      +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 New
    -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 New
    +2
    Quote: Andrew Y.
    "Themis" not in vain in a blindfold ...


    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 New
    +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 New
    +3
    Sometimes you can just repent ...
  37. Cobra77
    Cobra77 25 December 2015 14: 05 New
    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 USA to see a billionaire behind bars or some sort of "star" in correctional labor is a common thing, and we have this event of the century?


    Maybe you just confuse the internal clash between the "more equal" and the triumph of justice and equality before the law? This is what we have. The brightest Khodorkovsky. :) A couple of mayors-governors landed.
  38. Cobra77
    Cobra77 25 December 2015 14: 16 New
    +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 did not even think with your "orthodox snout" about the definition of the word terrorism. And to pull you to the article, you just need to give a conclusion that your actions correspond to the concept of terrorism.
  39. 16112014nk
    16112014nk 25 December 2015 17: 00 New
    +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 New
      +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 New
    +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 New
    +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 New
    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 New
    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.