How a Petersburger Trucker Has Decided to Sue Plato

How a Petersburger Trucker Has Decided to Sue Plato
Venera Galeyeva
Fontanka.ru
October 16, 2017

After getting his first fine for non-payment of fees under the Plato road tolls system, a Petersburg trucker has challenged it in court. The case could become an important precedent. 

Как петербургский дальнобойщик решил «Платон» засудить
Truckers waiting outside a Plato office. Photo courtesy of Svetlana Kholyavchuk/Interpress

Individual entrepreneur Yuri Bubnov has two freight trucks, one of which is on the road, a MAN-produced box truck he uses to deliver consumer goods to Moscow and Vladimir. As a matter of principle, he has not registered the truck with the Plato road tolls system, has not put a transponder on the truck, and does not pay the new Plato fees. In 2015, he was one of the few people who took part in a road rally of truckers from Petersburg to Moscow. His runs take him past Plato sensors outside Tosno and in Tver, Klin, and Novgorod Region.

A sensor mounted on the Pokrov–Elektrogorsk segment of the M7 Federal Highway finally reacted to Bubnov’s truck on September 28. On October 6, the traffic police issued Bubnov a fine of 5,000 rubles for failure to pay his Plato road toll fees. Ironically, the very same day, the Russian government approved a fourfold increase in fines for non-payers. On October 14, Bubnov sent a letter to the Odintsovo City Court in Moscow Region challenging the decision to issue the fine and petitioning the court to move the venue for hearing the case to the Kalinin District Court in Petersburg, the plaintiff’s place of residence. The truck is registered in Bubnov’s wife’s name, so she will be acting as a defender in the case: “I consider the ruling in the administrative case unfounded and illegal, which I shall prove during the trial.” Yet Bubnov could pay a discounted fine of 2,500 rubles by October 26 and live peacefully.

Truckers have tried before to challenge the issuing of fines for failure to pay Plato road tolls, but for formal reason,s e.g., the paperworks was not drawn up properly, the truck’s owner was not behind the wheel during the alleged violation, and so on. Bubnov’s case if fundamentally different. He wants to challenge the law itself and is willing to give up at least a year of his life to do it.

Bubnov expounds his position.

“According to the Russian Federal Civil Code, damage must be paid be jointly by everyone everyone involved in causing damage. However much damage you caused that is how you pay,” he says.

[Bubnov has in mind the government’s original stated rationale for introducing the Plato road tolls system. Since cargo trucks, allegedly, cause more wear and tear on federal highways than other vehicles, the argument went, they should pay additional fees, based on the number of kilometers traveled, to compensate for this damage and thus provide more money for repairing major roads.—TRR]

“In addition, the damage I caused has to be proven. And, according to the Russian Federal Tax Code, payments cannot be arbitrary and should reflect the economic essence of the matter. Empty, my vehicle weighs 7,800 kilograms. The maximum weight of a loaded eighteen-wheeler is 44 tons. Obviously, we cause different amounts of wear and tear on the road. Why, then, should I pay the same amount as the driver of a loaded eighteen-wheeler?”

In May 2016, the Russian Federal Consitutional Court ruled the Plato road tolls system legal. Later, however, Constitutional Court Judge Gadis Gadzhiyev issued a dissenting opinion in which, among other things, he suggested clarifying the purpose of the fee, because, economically speaking, Plato is not compensation for damage, but a payment imposed on owners of heavy trucks for using the roads.

“As currently formulated, the Plato system is at odds with Russian federal laws,” says Bubnov. “By itself, travel on public roads is not an offense. There is a Russian federal government decree in which the maximum loads for different types of vehicle are set. The weight of my vehicle is legal.”

Bubnov also invokes an argument that truckers protesting Plato have made since 2015. If a toll is introduced for driving on a certain section of road, drivers should be provided with an alternative free detour. Otherwise, all federal highways would become toll roads for truckers.

Bubnov already has several legal victories under his belt. He has always served as his own defense counsel, and recently he has voluntarily defended his colleagues from different regions in court. On September 20, 2017, he won the so-called tachograph case, in which a trucker had been accused of violating work safety laws. A similar case is now being tried in Altai Territory.

If Bubnov’s appeal, as appended to his complaint against the Plato road tolls system fine, is rejected, first he will have to go to Odintsovo City Court, then to the Moscow Regional Court to appeal the ruling, and then to the Presidium of the Moscow Regional Court and, finally, to the Russian Federal Supreme Court and the Presidium of the Supreme Court. Bubnov plans to go to the bitter end with the final decision. According to his calculations, the whole process may take at least a year. If his petition is granted, the first three sets of hearings will be held in Petersburg. Bubnov plans on going the entire distance himself, without a lawyer.

“Essentially, Yuri Bubnov’s claims are correct,” says Irina Metel, executive director of the Northwest Carriers and Forwarders Union. “In practice, however, any case requires the assistance of a very competent laywer.”

“We are ready to support Yuri Bubnov in court,” says Maria Pazukhina, head of the OPR (Association of Russian Carriers) regional branch in Murmansk. “We have challenged fines before, but only on formal grounds, for example, due to incomplete lists of evidence or instances where agencies not empowered to do so tried to punish carriers. Yuri’s case is fundamentally different. In my view, the current authorities are unlikely to rule that Plato should be abolished. The OPR has been trying to detect the system’s faults in order to reveal its corruption and inefficiency. But so far we have not launched legal proceedings like this.”

“I’d been waiting for this fine for a year and a half, and I finally got it,” Bubnov told Fontanka.ru. “It’s good it came now, while the sensors have not been turned on everywhere. If the system were up and running normally, it would be harder to challenge the fine. The chances of a ruling in my favor are few, but what if suddenly the case is assigned to a judge who is about to retire and has nothing to lose, and he makes a ruling in accordance with the laws?”

FYI
According to Dmitry Pronchatov, assistant director of the Federal Road Agency, since the Plato road tolls system was launched, carriers have paid over 33.3 billion rubles [approx. 494 million rubles] into the road maintenance and construction fund. Over 900,000 vehicles have been registered in the system. The monies have been used to finance the construction of seven bridges and repairs on twenty-four emergency pipelines, as well as over a thousand kilometers of roads in forty cities and regions. Owners of twelve-ton trucks must pay 1.9 rubles for each kilometer of travel on federal highways.

Translated by the Russian Reader. Thanks to Comrade Koganzon for the heads-up

Dmitry Gudkov: Making Everyone an Accomplice in Their Crime(a)

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Samples of the newly minted 200- and 2,000 Russian ruble notes. The 200-ruble note contains images from occupied Crimea.

Dmitry Gudkov
Facebook
October 12, 2017

There was an awkward moment when one of the first questions put to the head of the Russian Central Bank at the press conference on the roll-out of two new banknotes was a question about Crimea.

“You’ve put pictures of Crimea on the 200-ruble note. Aren’t you afraid it will affect the ruble’s [value]?”

Elvira Nabiullina had to talk about the gold and foreign currency reserves and “the state’s might,” for that was the mildest way of putting it.

Yes, yes, the reserves are particularly relevant in this instance. The Central Bank has been feverishly buying up gold for good reason: in case of new sanctions.

The rationale followed by the Russian authorities is clear. They have to implicate everyone in their Crimean adventure, whether they have traveled there or not, whether they have attended a pro-Putin rally or not, whether they have voted or not. There will be no getting away from the 200-ruble banknote. However, it is right that the first people who blush over it should be officials—officials who understand the whole thing and do not approve of it, but who have tacitly consented to it by saying nothing.

Shame, however is not smoke. It has not made anyone blind, but has only left their faces slightly reddened.

First, money was removed from people’s wallets to subsidize Crimea (you do remember what funded pensions were spent on, don’t you?), but now little pictures of Crimea have been put back into people’s wallets instead of money. We can roughly describe the entire Russian economy this way. The government takes our money and gives it back to us in the shape of TV presenter and Rossiya Segodnya News Agency director Dmitry Kiselyov, driving across an uncompleted bridge to his Koktebel estate.

Dmitry Gudkov is a former Russian MP who abstained from voting for the resolution approving Putin’s occupation of Crimea in 2014. Translated by the Russian Reader. Thanks to Irina Shevelenko for the heads-up

Court Extends Yuri Dmitriev’s Arrest

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Russian political prisoner Yuri Dmitriev

Court Extends Yuri Dmitriev’s Arrest to Late January
Chernika
October 12, 2017

Yuri Dmitriev, head of the Karelian branch of Memorial, will remain in police custody until next year. Judge Marina Nosova made this ruling on October 11 as part of the criminal case against the famous historian and researcher of the Stalinist Terror, who has been charged with producing pornography featuring his foster daughter. The prosecution had petitioned the court to extend Dmitriev’s arrest for three months. The defense, however, plans to appeal Judge Nosova’s ruling in the Karelia Supreme Court.

Judge Nosova also rejected an appeal made by Dmitriev’s defense counsel to disqualify  the forensic experts who have been evaluating the photographs of Dmitriev’s foster daughter, which are the main evidence in the criminal case. As Chernika reported earlier, the previous findings, reached by analysts from the Center for Sociocultural Expertise, who concluded the snapshots were pornographic, were smashed to smithereens by Dr. Lev Shcheglov, president of the National Institute of Sexology, who drew the attention of both the court and the public to the fact that the forensic experts in the Dmitriev case were not professionals, but an art historian, a maths teacher, and a pediatrician. Consequently, the court ordered a new forensic examination from the so-called Federal Department of Independent Forensic Expertise, based in Petersburg. It has transpired, however, that this “department” is an ordinary firm, founded with the minimal amount of charter capital.

Moreover, Novaya Gazeta v Sankt-Peterburge has claimed the pompously named firm is registered in a flat on Srednayaya Podyacheskaya Street in Petersburg. The firm was recommended to the court by Petrozavodsk prosecutor Yelena Askerova.

_____________________________________________________

  • Yuri Dmitriev, head of the Karelian branch of Memorial, was jailed late last year. He has pleaded not guilty, calling the case against him a “set-up.” 
  • According to Dmitriev’s defense attorney Viktor Anufriev, the photographs found on the historian’s computer, which are essentially the main evidence against him, are not pornographic, but a record of the child’s health.  Anufriev also claims that shortly before Dmitriev’s arrest someone broke into his flat and turned on his computer. Subsequently, an anonymous complaint against Dmitriev was filed with the prosecutor’s office, and Dmitriev was detained soon thereafter. 
  • Many famous politicians, writers, actors, filmmakers, and musicians have voiced their support for Dmitriev, including Lyudmila Ulitskaya, Vladimir Voinovich, Dmitry Bykov, Andrei Zvyagintsev, Venyamin Smekhov, and Boris Grebenshchikov.

Translated by the Russian Reader. Photo courtesy of 7X7/Barents Observer.

Read my previous posts on the Dmitriev case:

Quarenghi in the Concrete Jungle

Quarenghi in the Four Fools District
Natalia Vvedenskaya
Gradozaschitnyi Peterburg
October 13, 2017

I have lived nearly all my life in a neighborhood built in the mid 1980s and nicknamed by locals the “four fools district” in honor of the street names: Mentors Avenue, Shock Workers Avenue, Pacesetters Avenue, and Enthusiasts Avenue. The neighborhood is populated with late-Soviet cookie-cutter buildings: a block of 16- and 14-storey residential buildings, a supermarket, school, and kindergarten, following by another block of identical residential buildings, a post office, medical clinic, an identical supermarket, and identical school.

But sometimes you encounter remnants of the previous civilization among the gigantic prefab Lego sets.

“Zhernovka, a Forgotten Eighteenth-Century Suburban Manor on the Okhta River” was the title of an article published by Nikolai Lansere. The article actually reopened the landmark to architecture lovers. You could write an article about Zhernovka with the exact same title now, nearly a hundred years later, because the estate, which has miraculously survived on the border of an industrial park and high-rise housing district, has been abandoned and forgotten once again.

The renowned architect Giacomo Quarenghi eretcted the manor’s main building in the 1790s. It was built for Gavrila Donaurov, an official in the chancellery of Emperor Paul I. Quarenghi also built an entrance gate and pavilion-cum-pier on the banks of the Okhta, which have not survived. The estate was surrounded by a landscape park.

In the mid nineteenth century, the estate was taken over by the Bezobrazov family, and so it is also referred to as the Bezobrazov Dacha.

Zhernov’s plight after 1917 was tragic and typical. First, it served as a club for workers, then a warehouse, and then a cowshed. The interiors were destroyed to make way for a dormitory, after which “the building’s architecture was disfigured by a reconstruction that was not completed.” The landscape park disappeared after the war.

In 1973, Zhernovka was transferred to Orgprimtvyordsplav, a Soviet enterprise that worked with restorers for ten years to revive the building. Extensions were demolished, the pond was dredged, new trees were planted, and two main rooms, the parlor and a bedroom, were restored.

In 2014, the Soviet company’s successor, Kermet, Ltd., ceded its rights to the estate. Since then, the building has been managed by the Agency for the Management and Use of Historical and Cultural Landmarks (AUIPIK), which has been trying to find a new owner for it, so far unsuccessfully.

However, if you compare Zhernovka with a nearby eighteenth-century landmark on the Okhta, the Utkin Dacha, Zhernovka looks halfways decent. Although the building is not in use, it is guarded and heated, and work has been underway to reinforce the foundations.

By the way, the park is open to visitors in the afternoons. You just have to push open the impressive gate with the coded lock on it.

You can find a detailed history of the estate on the Walks around Petersburg website (in Russian).

My excursion was arranged by Open City, a project for familiarizing Petersburgers with the city’s cultural heritage and opening the doors of historical and cultural landmarks, many of which are inaccessible to the general public for various reasons.

The editors of GP thank Open City for the chance to visit the estate. They also thank tour guide and Okhta landmarks researcher Natalia Stolbova.

Translated by the Russian Reader

 

Ayder Muzhdabaev: We Are Not Going to Take a Deep Breath

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Ayder Muzdabaev

15 Minutes
Facebook
October 14, 2017

Crimean Tatar Journalist Ayder Muzhdabaev to Russian Rock Musician Andrei Makarevich: “It Hasn’t Passed, It Hasn’t Stopped Hurting, We’re Not Going to Take a Deep Breath”

Before arriving in Ukraine to clean up at the box office yet again, Russian TV presenter and showman Misha Kozyrev advises Ukrainians not to let the war into their hearts. By the way, he will again be arriving in the country real soon. Someone has to tell the “embittered” younger brothers what to think and how to live. We are clueless on our own.

And when Russian musician Andrei Makarevich was asked why he wanted to drag his band Time Machine’s keyboardist Andrei Derzhavin, who signed an open letter to Putin supporting the annexation of Crimea and the war, along with him to Ukraine, he wrote on Facebook it was time to stop discussing events that had happened four years ago. “Learn to take a deep breath,” he wrote. As if everything had passed and stopped hurting. No, it has not passed, and it has not stopped hurting. If someone thinks we have forgotten everything, he or she probably should not come to Ukraine.

If your keyboard player, Mr. Makarevich, still slips into the country under your skirt, so to speak, we will drag him from his dressing room and send him home packing. If you are incapable of understanding such a simple, normal thought, then so be it: we will explain it to you. We have not taken a deep breath, and we are not going to, because we had our homeland stolen from us—or at least part of it. We remember that and we cannot forgive what happened, not only the war and annexation but also the indifference to us.

We are not aquarium fish or serfs who remember nothing and have no right to rage. We do not need any Russians here except those who are wholeheartedly against the Putin Reich, support the return of Crimea and Donbas to Ukraine, and support Ukraine unconditionally, without any provisos. If you are incapable of understanding us, if you lack the humanity to put yourself in our shoes, to feel and share our pain, you had better stay home, in the so-called Russian world.

I hope the so-called Russian world will take it easy on you, Mr. Makarevich. I hope it treats you more gently than it has treated the Ukrainians and Crimean Tatars. Although I do not think it will happen. Life is set up in such a way that right after the Jews were massacred, trouble came for the Germans. But who knows. If you continue to sit still and choose your words carefully, maybe you will be luck personally.

Translated by the Russian Reader. Thanks to Sergey Abashin for the heads-up. Photo courtesy of Radio Europe/Radio Free Liberty

Poor Russians Up to Their Necks in Debt

ruble coin 2This one-ruble coin, minted in 2014 and sporting the newish symbol for the ruble, adopted in 2013, won’t buy you love or much anything else. 

Poor Russians Go into Debt
Tatyana Lomskaya
Vedomosti
October 11, 2017

Low-income Russians have been unable to wait for an uptick in incomes and have turned to loans to meet their consumer needs. Experts, including the Central Bank, believe such borrowers are a danger to the economy.

The demand of Russians for loans has been growing. In August, their arrears to banks rose to levels not seen since the spring of 2014. Ruble-denominated loans reached their maximum historic high, according to RANEPA’s monthly newsletter Monitoring the Economic Situation in Russia. Banks have been vigourously issuing loans. In July, they provided Russians with 23% more loans than at the same time last year. Consumer loans have been the fastest growing. According to the National Credit History Bureau, such loans increased by 27% over the past eight months.

Loans have been playing a growing role in the budgets of Russian families, notes the newsletter. In the first six months of the year, new loans made up 21% of household final consumption expenditures. This is significantly higher than the crisis levels of the last two years (15–18%), although it is still below the peak levels of 25–27% in 2013–2014. With virtually no increase in the real incomes of individuals, this generates additional risks to their financial circumstances, noted RANEPA’s analysts.

Residents of poor and distant regions are the biggest borrowers of consumer loans at the moment, along with the poorest segments of the populace, notes Natalya Zubarevich, director of the regional program at the Independent Institute for Social Policy. This is how they offset falling incomes. Wages in Russia have been growing since August 2016, but real incomes have continued to fall.

People cannot skimp and save forever. People turn to loans to meet their needs, says Zubarevich. What matters is that banks not issue too many loans, which would raise the specter of a huge number of defaults.

The debt burden has been growing more quickly in regions with the highest poverty levels, according to the FR Group, although the situation varies from region to region, notes project manager Anastasia Zyurkalova.

Russians have been spending more and more of their income on consumption. According to some indications, they have abandoned the savings model of financial behavior, acknowledges Yelena Grishina, head of RANEPA’s research laboratory on pension systems and social sector actuarial forecasting. One of the ways they survive is by taking out loans. Certain segments of the populace have outlived the means they once had for limiting consumption. In the first six months of 2017, a linear dependence bwtween increases in the volume of loans and poverty levels in the regions was observed, says Grishina. Russians are now more positive than a year ago: they have assessed the changes in their welfare, and the percentage of those who skimp on food and clothing has decreased, note RANEPA’s analysts [sic].

The burden of non-mortgage loans is highest in regions with high unemployment and a poorer populace, Alfabank’s chief economist Natalya Orlova wrote last autumn. The middle class [sic] would be unlikely to emerge as the main source of the growth in demand for retail loans, she noted. The average borrower is more likely to be someone with a limited income. Judging by the numbers for the first six months of 2017, nothing has changed, says Orlova. It is still less well-off Russians who want to bring their consumption up to average levels. The increase in retail loans in the poorest regions is likely due to people’s tapping out their savings and and trying to maintain a certain level of consumption, agrees Karen Vartapetov, an analyst at S&P.

A significant portion of the demand for consumer loans comes from people whose incomes are less than the median income in Russia. Often, their incomes are unstable as well, and their debt burdens are high, noted analysts in the Central Bank’s research and forecasting department. (Their opinions may differ from the financial regulator’s official stance.)  Yet banks currently do not really have the capacity for an increase in lending, and so even a moderate uptick in consumer loans is fraught with risks no less serious than during the 2010–2012 loan boom. To limit these risks, the Central Bank has been working out individual debt burden indicators, notes a source at the regulator. The share of an individual’s expenditures on repaying loans should be such she could continue to pay back the loan even if negative events were to occur.

For the time being, the largest banks surveyed by the Central Bank have reported that the percentage of borrowers with increased levels of debt burdens has not grown, and the number of people with monthly incomes of less than 20,000 rubles [approx. 290 euros] who have taken out cash loans has fallen, says the source at the regulator. The banks have been forced to behave more conservatively. Everyone well remembers the wave of late payments in 2012–2013, says Yuri Gribanov, CEO of Frank RG.

After the crisis of 2015, the quality of loan applicants has not improved considerably, notes Sergei Kapustin, deputy board chair of OTP Bank. There are still many people with problematic debts that have not been managed and refinanced at another bank. According to certain channels, the share of such debts is ten percent, and banks have been forced to lower the number of loans they issue. In addition, a number of bankers issue unsubstantially large loans to people who have borrowed money at other banks in amounts disproportionate to their incomes.

The demand for consumer loans is currently quite high, says Mikhail Matovnikov, Sberbank’s chief analyst, and there are still a lot of extant bad loans at high interest rates, especially among low-income Russians. This not at all what the economy needs, and it is bad for borrowers, too, he argues.

The banks’ fight against such loans has pushed borrowers into the arms of microfinance institutions, where the circumstances can be even worse. This year, the microlending market has grown from 186 billion rubles to 242 billion rubles [approx. 3.5 billion euros]. The banks have not met the steadily growing demand for loans, according to research by microlender Home Money.

home money

A screenshot from Russian microlender Home Money’s website. “It’s simpler to make a phone call than to borrow from somebody! Call if you need to! New services: personal legal consultant; home protection; credit history.”

Measures to limit interest rates cooled the consumer lending market in 2015–2016, notes Dmitry Vasilyev, an analyst with Fitch. Currently, the portfolio’s growth matches the nominal growth in incomes of Russians (2–3% during the first sixth months of 2017) and the percentage of risky and unsecured loans has lowered. Some borrowers have drifted to the microlenders, while some banks have been weeded out due to noncompliance with tougher standards, says Vasilyev.

Orlova points out the banking sector is at a crossroads. Maintaining quality lending means not taking on as clients people working in the informal sector and incapable of confirming how much they make and microlenders currently lending at very high rates. Or banks could increase their appetite for risk and take on inferior borrowers to increase their market shares and loan portfolios. Banks have to earn money. If there are no borrowers willing to pay (for example, the government, which would have to become much more active in the state debt market), the issue would become particularly critical. Prospects for income growth in the coming year are worsening, and the risk that not very well-off people would not be able to service their loans is growing, warns Orlova. Poverty will not seriously decline in Russia in the coming year, if we believe the government’s three-year macro forecast, as submitted to the State Duma. It will drop from 12.8% of the populace this year to 11.2% in 2020, i.e., it will not drop to the levels of  2012–2013 (lower than 11%).

Translation and image of the ruble coin by the Russian Reader. Thanks to Comrade Koganzon for the heads-up. The original article, as published yesterday by Vedomosti on the front page of its paper edition, was behind a paywall. Thanks to Press Reader for providing me with the text of the article.

Dno Is Just Another Word for Nothing Left to Lose

This past spring, I posted a translation of an article, originally published on the news and commentary website Grani.ru (which has long been banned in Russia) about the plight of Boris Yakovlev, a singer-songwriter from the town of Dno, in Pskov Region, whom the FSB had charged with “extremism,” allegedly, for the “seditious” content of his songs. Yakovlev has now left the country and applied for political asylum in Finland, where Grani.ru caught up with him.

My personal, unsurprising prediction is that the number of “extremists” will quadruple, if not worse, in the coming year. TRR

____________________

The Herald of Revolution from Dno Station
Grani.ru
October 11, 2017

On October 10, Pskov City Court ordered the arrest of the dangerous [sic] extremist Boris Yakovlev at the request of the FSB. By that time, the 44-year-old Dno resident had ignored an written undertaking to report to court on his own recognizance and applied for asylum in Finland. Criminal charges had been filed against him for anti-Putin songs posted on YouTube and the Russian social network VK. The crime Yakolev has been charged with (calls for extremism on the internet) carries a maximum sentence of up to five years in prison.

The forensic examination in the case was performed by Andrei Pominov, a lecturer at Bashkir State University. He discovered in the lyrics to Yaklovev’s songs “psychological and linguistic means aimed at inducing an unspecified group of persons to carry out extremist actions aimed at forcibly changing the existing state system or seizing power.”

Translated by the Russian Reader

In Helsinki, Boris Yakovlev explains that revolution in Russia is inevitable given the country’s deteriorating economic, political, and social conditions.