On the deportation of Andrei Warts and the Russian court

58
The situation has seriously stirred up the Internet space on both sides of the Russian-Ukrainian border. Indeed, this does not happen every day. And, since the different parties interpret the events differently, for the readers I decided to do something like an express analysis consisting of two parts. The first is dedicated to Andrew Wart as the culprit of the noise, the second - to our domestic justice system.

So, by the decision of the Sverdlovsk District Court of Moscow from 6 in May 2016, the Ukrainian journalist Andrey Borodavka was found guilty of violating the terms of stay in the Russian Federation. The wart was sentenced to a fine of 5 thousand rubles, but, more importantly, to be deported back to Ukraine.

The verdict was appealed, but on June 2 it became known that the sentence was left unchanged. The wart will be deported to Ukraine, where, in addition to his anti-Ukrainian activities in the press, he will certainly be reminded of his participation in the storming of the television station ATN. The television center of the channel, as I was told, owned by Avakov, was crushed very seriously.

On the Internet, there are many opinions about the court decision. And the statements, so to speak, are not the most polite. But let's look at the facts.

Part one. Andrew Wart

Let us turn to the facts and documents. There are enough documents, many bloggers have posted them in their time. I will simply cite them at the end of the article as proof.

The quality is not very, but if you try (and I tried), then you can learn the following from them.

Ukrainian citizen Andrew Wart arrived in Russia 19 November 2014 of the year.

Arrived in a manner not requiring a visa.

21.08.2015 of the year was registered by the OUFMS of the Tver region in the Kalininsky district.

That is, it took the entire 9 months to get the registration required to register its future fate. But this is better than nothing.

Then came the expiration date of his stay in Russia. 1.11.2015. There was still a month to make a final decision on the adoption of a final legal status. That is, in accordance with our legislation, this month a person must decide whether he will be a citizen of Russia, either retain refugee status, or pack his bags and get ready to serve at the place ... at the place. To Ukraine.

However, this month Mr. Wart was busy with some urgent matters. It is difficult to say how important they were, but it follows from the document that the following action Wart performed only 16.12.2015.

Moreover, the action is quite original. He wrote petitions to the head of the Federal Migration Service of Russia and personally to President Putin with a request to be granted any status allowing him to legally reside in Russia, since in Ukraine he is actually threatened with reprisals.

And 4.05.2016, an inspector of an administrative offense, was drawn up by the inspector of GIAZ of the Moscow Directorate of Internal Affairs in the area of ​​Airport. And the Wart was arrested, and the case on the violation of Art. 18.8 Code of Administrative Offenses of the Russian Federation was brought to court.

And now the Wart is waiting for deportation to Ukraine. With all the consequences.

Cruel? Maybe.

However, I want to ask a few questions in the air.

First: what was Wart thinking about for one and a half years? The fact that the registration in the Tver region and the letter to Putin is enough for living in Moscow as long as it takes? Strange approach, to be honest. The defeat of the television center is, of course, impressive. Avakov good money dropped, I agree. But hope after that on what?

The man lived and lived, I stress, in Moscow. In the most "cheap" city of the country. One and half year. And, apparently, he was very far from the thought that it was necessary to abide by the laws of the country in which he was located. What caused this, I find it difficult to say. Whether own disorder, or simple carelessness. Both causes are clearly punishable.

The second: what did those who rushed to save Wart in May, start urgently collecting money for (I quote from LJ Gyurzy) "the purchase of food, personal care products for transfer to a special receiver, payment of transportation costs, mobile communications and other things." Plus lawyers, plus notarized copies of sites such as "Peacemaker."

On the deportation of Andrei Warts and the Russian court


So much effort that moral, that in monetary terms wasted. Wouldn't it have been easier to help Wart resolve issue No. 1?

Strange approach, to be honest. And what bothers me the most is the utterances that began on the Internet on the subject “See how Russia doesn’t give up its own,” and the like.

And here is the question: was there “your” in general? Like it or not, we are seeing a citizen of Ukraine, who generally wanted to spit on all Russian legislation. Malicious violator of the Russian immigration law.

Rejoice? Not worth it.

After talking with a person who is personally familiar with Wart, after reading what enemies write about him, I will not rejoice. But grieve too. Because once an adult and sure that a smart man, in a year and a half he could not accomplish what people who came from Ukraine do in two months, it’s definitely not worth grieving.

This situation in terms of "the law is harsh, but this law" should work. And neither the articles, nor the speeches, nor the work of the bat in the television center should be the basis for its violation.

And here we smoothly proceed to the second part. She will be short.

Part two. About the law

I absolutely agree that the migration law should be the same for everyone: for Depardieu from France, and for Murtazaliyev from Uzbekistan. And for Wart from Ukraine.

However, in this case there is an unequivocal brute force. Wart definitely deserves punishment. But, having pardoned and letting Savchenko’s abomination “in the name of humanism”, one could have acted differently with the Wart. And also in the name of humanism.

Namely, just offer to leave the territory of the Russian Federation. Without the right of return. But leave in accordance with his desires and capabilities. Belarus, Kazakhstan, Armenia, LDNR in the end. The latter, by law, is still the territory of Ukraine, by the way. And there, too, it is quite possible for a journalist to work and fight with the Ukrainian junta. With it, in general, it is possible and necessary to fight everywhere, not only in Moscow. Although Moscow is more prestigious and more comfortable, probably.

Here, I think the judge is wrong. Do not be so literally to treat the interpretation of the law. The fact that the Wart will be gladly accepted in Ukraine and all its sins, both voluntary and involuntary, will be remembered.

And here, unfortunately, our justice does not look the best. Still, people need to be treated in Russian.







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  1. +37
    3 June 2016 06: 10
    To be honest, forgive me for the first time about dullness I hear about Wart and I sympathize with him somewhere, but most likely I’m to blame myself! I made out my brother here a year ago, everything was decided quite quickly, though he still went back to (on) - he could not live without Ukrainian bacchanalia and idiocy! laughing
    1. +27
      3 June 2016 06: 45
      Before undertaking the analysis, it would be nice to know our administrative legislation. Namely: no sentences are passed in administrative cases. The verdict is passed in criminal cases for the crimes committed. In this case, however, the courts issue a "ruling" on the violation of administrative law, which, in particular, is a violation of migration legislation. The same applies to the "decisions" of the court considering issues of civil law. But in this case, the plaintiff and the defendant act as the parties, if the dispute is resolved, and not the guilty and the victim. And here is a complete mess. At the beginning we are talking about the decision, then about the appeal of the sentence, but the photo shows the "determination" of the court. Well this is completely different documents (judicial acts) and a complete mess in my head. laughing
      1. +5
        3 June 2016 07: 40
        Quote: siberalt
        Before undertaking the analysis, it would be nice

        read the documents. Only in the last scan after the word "DECIDED" did not find any specific indication of where exactly to "expel"? Maybe someone else paid attention to this? hi
        1. +2
          3 June 2016 10: 06
          ... Only in the last scan after the word "DECIDED" did not find any specific indication of where exactly to "expel"? Maybe someone else paid attention to this?


          Well, where to send it if not to the country of residence? Not in the Bahamas.
          1. +4
            3 June 2016 12: 55
            Quote: Bulrumeb
            where to send it

            He is not "sent", he is "expelled from the Russian Federation." Formally, duty free shops are already outside the country. laughing No, of course I do not propose it there, but I hope they understood the hint. feel
            1. jjj
              -1
              3 June 2016 17: 45
              But you can not assume that this character is a mishandled Cossack? In this case, Russia acts very humanely
    2. +11
      3 June 2016 06: 55
      Since Russia de jure recognizes Donbass as part of Ukraine, formally it can be sent there. That is, in a safe place for yourself. Then it will move back. There is no ban on entry for him .. smile
      1. +4
        3 June 2016 07: 23
        Quote: Black
        Since Russia de jure recognizes Donbass as part of Ukraine, formally it can be sent there. That is, in a safe place for yourself.

        This is not at all a safe place for him, that’s right there .... he’s hanging his legs.
        1. +2
          3 June 2016 07: 41
          This is not at all a safe place for him, that’s right there .... he’s hanging his legs.
          Yes? So I missed something what
        2. +3
          3 June 2016 11: 34
          Quote: Alexander Romanov
          Quote: Black
          Since Russia de jure recognizes Donbass as part of Ukraine, formally it can be sent there. That is, in a safe place for yourself.

          This is not at all a safe place for him, that’s right there .... he’s hanging his legs.

          Now Romanov has become a specialist in Donetsk ...

          There is such an interesting tactic - you need to talk (or write) any nonsense, the main thing is to do it with confidence and determination. Like Zhirinovsky. And very often it even works.

          But sometimes such a strategy is exposed ... after which the reputation of a strategist comes into harmony with its internal content.
        3. The comment was deleted.
    3. +12
      3 June 2016 07: 04
      Quote: Finches
      sorry for the grayness the first time I hear about Wart

      This is the very pretzel that gathered people in Kharkov against the new authorities in Ukraine, but not for Russia, but for Kernes.
      Quote: Finches
      I sympathize with him somewhere

      I do not sympathize at all, an ardent supporter of the first orange maidan. In short, I do not want to repaint it at all. Yes, and I didn’t hear that the SBU would have questions for him.

      Here, I think the judge is wrong. Do not be so literally to treat the interpretation of the law. The fact that the Wart will be gladly accepted in Ukraine and all its sins, both voluntary and involuntary, will be remembered.

      But if questions arise to him, then Judah’s way is also to him.
      1. 0
        3 June 2016 07: 34
        Who is this person?
        1. -1
          3 June 2016 08: 02
          Quote: RUSOIVAN
          Who is this person?

          Sales journalist
          1. +4
            3 June 2016 11: 17
            Quote: Alexander Romanov
            Quote: RUSOIVAN
            Who is this person?

            Sales journalist

            Romanov in his repertoire ...
            It is easy and pleasant to write disgusting things about a person from afar, being deliberately sure that you will not have to answer for the words.

            Confirm approval of corruption in the state? Or, as always - Romanov does not give proofs ... by definition?
          2. The comment was deleted.
      2. +2
        3 June 2016 08: 04
        Alexander! Thank you for clarification hi
        Then let him roll to his "orange" paradise! laughing
      3. -1
        3 June 2016 09: 20
        A judge must act in accordance with the law and personal convictions, but it can be seen with personal convictions that our "JUDGE" is absolutely crap.
      4. +2
        3 June 2016 11: 22
        Quote: Alexander Romanov
        This is the very pretzel that gathered people in Kharkov against the new authorities in Ukraine, but not for Russia, but for Kernes.

        I have never seen such delightful delirium.

        Can you even imagine what was happening at that time in Kharkov?
        Or read somewhere somewhere?
    4. 0
      3 June 2016 11: 02
      It doesn’t matter whether he is to blame or not. It can not be issued to Ukraine. The author is right, it was necessary to give him the opportunity to choose the country himself. Referee - . And there is no need to justify her shameful decision, in my opinion.
    5. +3
      3 June 2016 13: 09
      It's even more interesting there, as I heard. Having arrived in the Russian Federation, he got into trouble with other "political" emigrants from Ukraine. And in the course of the showdown among the "political" migrants, he was handed over. They snitched at the FMS that such a villain violates Russian law and, in general, is a very murky type. Accordingly, he really violated the law and now naturally he is deported. He can only ask to be deported to the territory of the DPR or LPR. request What can I say - nefig violate our laws. Once arrived - do what is required, and then arrange with your disassembly. hi
  2. +1
    3 June 2016 06: 23
    In the Kuban these comrades were a dime a dozen, they proposed work, they don’t want to .. Now they’ve moved out, probably to the capital and Peter ..
  3. +5
    3 June 2016 06: 24
    Back in the days of the Roman Empire it was formulated: THE LAW OF SUROV, BUT THIS IS THE LAW! None of the acquaintances of Ukrainians had problems with the legalization of their status here in the Perm Territory (note, these are the periphery and mere mortals, although for some individuals I would be a filthy broom to the border drove). So, as they say EVERYTHING WITHIN THE LEGAL FIELD!
    1. -2
      3 June 2016 09: 00
      dear, you understand the law too accurately. you have such a light-hearted approach to legalizing that it doesn’t lead to anything good, as history shows. and on the other hand, he himself is to blame, because he was informed.
    2. +3
      3 June 2016 10: 08
      Quote: zadorin1974
      Back in the days of the Roman Empire it was formulated: LAW OF SUROV, BUT THIS LAW!

      The misadventures of Ferdinand Pastorelli from "Law is Law" are immediately recalled. smile
    3. 0
      3 June 2016 13: 59
      Quote: zadorin1974
      Back in the days of the Roman Empire it was formulated: THE LAW OF SUROV, BUT THIS IS THE LAW! None of the acquaintances of Ukrainians had problems with the legalization of their status here in the Perm Territory (note, these are the periphery and mere mortals, although for some individuals I would be a filthy broom to the border drove). So, as they say EVERYTHING WITHIN THE LEGAL FIELD!

      ====
      when it comes to matters in person, doubts about the implementation of the law or its severity immediately begin. for this same peasant, the question is not worth a damn, let go on the brakes, limit himself to a maximum fine / threaten / community service / have mercy and other. there will always be another possibility, there would be a desire.
  4. +4
    3 June 2016 06: 33
    With the men of Donbass their demand. But in Crimea, women and children with LDNR have hopeless problems with citizenship, education (obtaining a certificate).
  5. +5
    3 June 2016 06: 47
    Foreign citizens must strictly observe the laws of the host country.
  6. +2
    3 June 2016 06: 48
    Dear, there is a law, Boroday, or whoever else is obliged to comply with it, period. The legal system in Russia (I twist as I want) is a topic for a separate discussion and there is no need to speculate on famous personalities.
  7. +8
    3 June 2016 06: 51
    * grumbling * Forever we have so many people, If someone violated the Law (Economic, Migration, Criminal Code), then with the proper side dish he is gray and (they are children, they didn’t recognize it, etc.).
    Not knowing the law does not exempt from liability - there is such a catchphrase.

    As for the second part, I strongly disagree with the author.
    Such warts in the country are a pond and a cart, and you yourself said that he was not the Chosen One. You will not find an individual approach to each, but for some reason you said in the first part that you need to move your ass (buttocks), in the second part you reject it.
    I looked through the Law on deportation and did not find where they were being sent - So it’s quite possible to agree (not in terms of giving a bribe) where they will be sent, but you should not forget what to pay for it, if it cannot, there will be a state (what Ukraine will pay, do not tell me).
    So, dear author, can he also provide board number 1 with the highest class of service?
    1. +2
      3 June 2016 07: 30
      also wanted to write. I just want to add - the public really got quite a bit divorced and it is necessary by law to expel what the rest would think and move their asses, which they are trying to cover up here.
    2. +5
      3 June 2016 07: 57
      Quote: ShadowCat
      if he himself can’t pay for it, there will be a state

      am Outrageous! Why not, for example, give an opportunity for such "penniless" individuals, including "Murtazaliev from Uzbekistan", to earn a return ticket, performing socially useful work under the strict supervision of qualified "specialists" on the territory of a specialized "enterprise"? laughing
      If he wants "board number 1", he will have to work a couple of years longer. belay
      1. 0
        3 June 2016 11: 47
        They would know how to work ...
        1. 0
          3 June 2016 12: 47
          Quote: ShadowCat
          They would know how to work ...

          Horses are able to work. laughing
          1. +1
            4 June 2016 06: 20
            Horses know how, but such do not. They will also break the tool - there is even an anecdote about them "broke one, lost the second"
  8. The comment was deleted.
  9. +4
    3 June 2016 08: 11
    As for justice in modern Russia, there’s no justice; there’s no need to go far for examples
    1. +1
      3 June 2016 08: 37
      Quote: Million
      And as for justice in modern Russia, there is no justice.

      And what does anarchy rule in our country?
      1. +7
        3 June 2016 08: 43
        Worse!!! We do not have anarchy but developed feudalism.
        1. 0
          3 June 2016 08: 47
          Quote: Nehist
          Worse!!! We do not have anarchy but developed feudalism.

          Cool, and you are from some country?
      2. +4
        3 June 2016 08: 45
        of course there is legally, but the law - that drawbar: where you turn - there it turned out
        1. 0
          3 June 2016 08: 47
          Quote: Million
          legally of course there is, but the law is that drawbar:

          Excuse me, when did you personally come across the law the last time?
          1. 0
            3 June 2016 09: 05
            let's not talk about me personally, but about the justice of Russian justice in general
  10. aba
    +2
    3 June 2016 08: 36
    A lot of noise because of nothing (s)
  11. +3
    3 June 2016 09: 08
    Well, this is purely ours. The laws? What laws? We are for justice. Only for everyone it is different, then justice. And then with a whine, here in Europe, order, law, but we do not. If it is beneficial, then by law, and if not, then by justice.
  12. +2
    3 June 2016 09: 19
    I do not understand - an unknown and uninteresting character was routinely slapped with an administrative board - so what? An example of network pathology is to artificially create a semblance of resonance around an absolutely zero fact. Should the judge have been impressed by the words of this Wart about addressing Himself and about "punishment"? It should have been added that he actively prayed "to be granted any status"
  13. +1
    3 June 2016 09: 21
    Roman suggested a good way out - to expel to Ukraine. To Lugansk (or Donetsk).
  14. +4
    3 June 2016 09: 26
    And for me, this is a very revealing story. This Wart, a typical Ukrainian. First, we observe a typical legal nihilism. Any illiterate guest worker will go to his fellow countrymen, so that they quickly help him formalize his legal status. Even if he doesn't know all those smart words that I wrote. Ukrainians simply do not believe that the law can work. This surprises and frightens them. And where to get away from the FEELING OF OWNERSHIP? Instead of solving the issue in the legal field. He writes a letter to Putin. He could not go any lower. Well, just nothing. And there were locals ... I don't even know what to call these guardians for "a prisoner of conscience." But there was another reason to say #Putinslil #.
    1. +1
      3 June 2016 09: 42
      Quote: black
      First, we observe a typical legal nihilism. Any uneducated guest worker will go to fellow countrymen to

      bye! He's a journalist! salt of the earth! It seems like there were precedents for courting these garbage by our media, no? They were given work. Chuvachok, not without reason, apparently believed that the profession of a Ukrainian journalist is the most in demand now. Moreover, "free" (this is from the Resolution).
      Quote: black
      But there was another reason to declare #Putinslill #.

      give it up. I see no reason whatsoever to drag in the GDP here. And it is very curious that Skomorokhov’s invitation to participate in all of us in cheap network wart PR.
  15. +4
    3 June 2016 09: 32
    The law should apply to everyone regardless of the situation, only in the Russian Federation this does not always work. There, in Irkutsk, the daughter of the imperious mother crushed two, so she has a delay of 16 years. For a sack of potatoes stolen, they give as much as for several billions of budget money. So it is not so simple.
  16. 0
    3 June 2016 10: 41
    He thinks that he is the smartest and most cunning, like anyone with an independent one, but the law is the law and must be obeyed.
  17. +1
    3 June 2016 10: 54
    And what does the MIGRATION legislation have to do with it? A dissident man persecuted for his beliefs. In any legislation there is an article on political asylum for such people and the administration must make an appropriate decision. Like Snowden.

    Let millions of Central Asians catch it (this, of course, is harder and more dangerous) than they wage themselves on normal people.
  18. +1
    3 June 2016 10: 55
    Understand ... forgive ... Guys! He was not tasteful!
  19. -2
    3 June 2016 11: 08
    Another freeloader! Helped two brothers to get refugee status! The first one got it in half a year, and what does it have to do in Moscow!
    And with the second they decided even easier for a certain amount, he became a citizen of the Russian Federation and successfully burned a Ukrainian passport!
    1. +1
      3 June 2016 13: 26
      Quote: Gnol
      for a certain amount, he became a citizen of the Russian Federation and safely burned a Ukrainian passport!

      well well. So, bribe, flaunt? Are you aware that this is a criminal offense?
  20. +2
    3 June 2016 12: 43
    But what is not clear here, the Ukrainian did not want to change his citizenship to Russian, in principle! And when he pecked his ass, he thought he would break off and included the entire Russian Ukrainian Diaspora in help! But it would be more correct to send him from the country to the place where he would ask at his discretion and for his money!
  21. +5
    3 June 2016 12: 54
    I do not presume to comment on this particular case, but I will tell you about my observations. Communicating with many residents of Ukraine, both the former (Crimea, Donbass) and the current one, I drew attention to the absolute indifference in relation to the law. In particular: registration and registration of "LLC". We say: we need Rosreestr documents on the ownership of the land where the building is located, on the building itself, etc. They answer: well, we were allowed. I tell you they were allowed for a year because of the primary mess in Crimea. In a year, your office will be closed if you do not fulfill the requirements. Referring to FIG. Didn't do it. Now the office is closed by law. Disgruntled people appeared. They say: how tough everything is with you. Yes, not tough, but according to the law. Second example: people from Donbass are admitted to the hospital with a knife wound. Well, it happens, they quarreled. With him people come up and ask not to report to the police. Like "we'll decide everything ourselves." They are answered: "Morons, the police are informed automatically when registering such a diagnosis." They do not believe, they say this cannot be, you just don’t love us. This explains a lot in the behavior of the inhabitants of Ukraine. This is the legal vacuum. You can talk as much as you like about whether our laws are good or bad, but it is clear to everyone: a bad law is better, but one that works than none at all.
  22. 0
    3 June 2016 15: 52
    ... Interestingly, even the Russian prosecutor’s office insisted solely on the voluntary supervised deportation of the defendant (the defendant’s independent departure from Russia). In this case, Andrei could safely leave for the territory of the LNR, where issues of his stay and security could be resolved without any special problems.

    But the court insisted on forced deportation, which in this case will be carried out through the existing border points of the Russian-Ukrainian border. For example, in the native Kharkov for Andrei, right in the hands of the militants of Biletsky and in the dungeons of the policemen Avakov.

    So - some reports that “we will take the families to Rostov, and we will fight to the end” should already be considered through the prism of the decision of the Russian court on Andrei Borodavka.
    Rostov-on-Don may not be a way out of the situation, sorry, no one promised anything to anyone.

    UPD. In connection with the month of cannibals and patent lawyers, in a commentary on the record, they preach the idea “a lazy crest did nothing in a year and a half”, “yes there is nothing wrong with expelling to Ukraine”, “what are you doing so with him?” for thinking readers, the text of the appeal and a copy of the court order:
    ...
    Attempts to legalize? Yes, there were none.
    Witnesses? I do not believe.
    Internet sites? I do not see.
    Threat of life? Yes, this is your invention, citizens!

    Sapienti sat.

    http://alex-anpilogov.livejournal.com/137894.html
  23. 0
    3 June 2016 16: 10
    If all parties recognize the need to comply with the Minsk agreements. and Donbass is Ukraine! Then send (deport) him to the LDNR and business ?! Did they cheat an elephant out of a fly? I hope Uncle Zakharchenko will not offend the "boy"!
  24. +1
    3 June 2016 16: 12
    He lived in Moscow for a year and a half, officially not working anywhere and not having the right to do so. Cool!
    Something's dirty here ...
  25. +1
    3 June 2016 19: 52
    I am from Ukraine, but I haven’t heard anything about Wart. Although the types of such a plan (if I understood Skomorokhov correctly) in Ukraine are rather brightly illuminated. It can be concluded that the journalist is so-so. A trifle. Avakov can and will produce personal accounts through the agency entrusted to him.
    But towards the end of the article, the author was somehow confused. Either like Depardieu or the Uzbek guest worker are equal before the law, then all of a sudden an exception was required for Warts. Well, to judge the rulers (Putin for the amnesty of Savchenko and the judge for the deportation of Warts) ... Do you take too much on yourself?
  26. +1
    3 June 2016 20: 20
    The point here is not even Wart, but the system of established relations "society - power". For many, many, obeying the law is a mess. "Ash youth" and their parents, such "warts", but you never know who else - all buy their impunity.
    Here's another headline - "Arms dealers detained in Moscow accused the police of beating up" ... Shta-huh ?! Who dared ?!
    ... Moscow, how much are your golden domes? ... bam-bam-bam
  27. 0
    3 June 2016 21: 28
    I will not analyze all the decisions made or not adopted by the Wart itself and the decisions of the Russian court, but there is one oddity in this matter. There is a shade to it (the authorities probably) because the issue of issuing citizenship for some and its case with an elementary residence permit is quickly resolved , it is clear that his case is special.
    Where and to whom did the road cross ???
  28. 0
    3 June 2016 21: 45
    And who is a wart?

    And it looks like

    I built a monument to myself miraculous ...
    1. +2
      3 June 2016 21: 57
      Quote: Lumumba
      And who is a wart?



      A wart is a predominantly benign neoplasm of the skin, often of a viral etiology, having the form of a nodule or papilla. Caused by various human papillomatosis viruses. The transmission of the pathogen is carried out in contact with the patient, through objects that he used
  29. The comment was deleted.

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