Imposing Punishment for Belittling the Judiciary Proposed in Russia Znak.com
February 28, 2019
Viktor Momotov, head of the Russian Federal Council of Judges, has said criminal punishments for “holding the justice system in contempt” should be introduced in Russia. He meant instances when public opinion was manipulated or the judiciary’s authority was belittled in order to exert pressure on courts.
“Obviously, there is a need to submit to public discussion the issue of criminal penalties for holding the justice system in contempt. We are ready to join this discussion, including in connection with the legislation, currently under consideration, that would criminalize contempt for government institutions,” Momotov said, according to Interfax.
Mamotov recalled that, in the Anglo-Saxon legal system, contempt of court [skandalizatsiya pravosudiya] referred to any action or published information meant to belittle a judge’s authority or affect his decision.
A striking example of this would be “indiscriminate and baseless criticism that undermined public confidence in the administration of justice,” Mamotov said.
In Europe, people who commit such violations are fined and even face prison terms.
According to Momotov, there are currently no such penalties in Russia, and so judges were “basically defenseless in the face of the lies spread by unscrupulous media.”
The judges are such masters of their craft they can hear four cases simultaneously without even feigning that they are observing procedural niceties. They are capable of saying straight to your face that the fewer appeals you file, the better things will go for you.
Is this a way of teaching us to silently put up with every perversion of justice in general and human rights in particular? They could at least put it indirectly, not head on, when they sentence people represented by a social defender to seven days in jail, while sending people with no legal representation to jail for three days. One judge sentences everyone to pay fines, another judge sentences everyone to X number of days in jail, while a third judge divides up the fines and jail time according to gender.
Then there are the police officers who escort the detainees. There are ones who behave properly and humanely. Then there are ones who can say things like, “I decide when they go to the toilet!” or “Why do you have to go one by one? Put a group together!” or “Why the mob? Do you have hold each other’s wee-wees?” or “No, I’m not taking you now. I just arrived. Let me rest. I’m stressed out!” or “Are you fucking kidding?”
I realize all these means of humiliation are meant to compensate for the individual’s inability to manage these aspects of his life on his or her own and that, maybe, it has become so ingrained these things are said automatically, but it doesn’t make it any smoother. You have to argue with certain police officers over taking detainees to the bathroom.
There was the charming female officer who refused to give me her name. It was like at school. She concealed her personal information from me, as recorded in a receipt, by covering it with a piece of paper.
And you have already read the media reports of officers taking food meant for the detainees and eating it themselves.
The detainees are all super cool girls, women, guys, and men. They thank me and hug me, although I realize that, basically, there is little I can do to help them. I can do my best, but the outcome is totally unpredictable. Probably, it helps more emotionally that you are not alone, that someone can explain to you what happens next and tell what things are like in the temporary detention facility on Zakharyevskaya Street. I was glad that no one lost their optimism, sense of humor or ability to make fun of what was happening. It matters.
Some of the detainees said they now had a different perspective on the justice system and protest rallies. Many of them told mew that at the police precincts they were asked how much they had been paid for going to the protest rally. A thousand rubles? Three thousand?
What planet do cops come from?
My defendants were fined ten thousand rubles [approx. 125 euros] or jailed for as many as seven days.
If you like surprise, attend the court hearings held after protest rallies. You won’t be disappointed.
Thanks to the ferocious Varya Mihaylova for Ms. Botuk’s text, as reposted on her own VK page, and the heads-up. Translated by the Russian Reader
It’s great to talk about cases in which you walloped the opposing counsel, the judges gave you a standing applause, and you galloped off on your steed to deliver more justice and do more good. Today, though, I would like to tell a different sory, a story in which you and your client are obviously in the right, but the system tells you, “Hang on, guys. We have our own way of doing things here. Goodbye.”
Irina graduated from the mechanics and mathematics department at the Peoples’ Friendship University (RUDN) and worked for a major company in Moscow. Then, for family reasons, she moved to Murmansk, where she faced a problem. No one wanted to hire her, explaining she was too well educated, had done internships abroad, and had experience working at a major company, which was way too cool for the folks in Murmansk.
Ultimately, Irina got a job at the Murmansk Regional Information Technology Center, a government-funded agency. Everything would have been great if the head of the place had not hit on Irina big time. When she rejected his advances, she faced harassment in the literal sense of the word: humiliation, insults, daily rants, and charges of incompetence. At the same time, this guy held drinking bouts at work. (Here is the proof.) I would remind you all this took place in a government-funded agency, paid for by our taxes.
Finally, the boss fired Irina. She filed complaints with the State Labor Inspectorate, the prosecutor’s office, and the Murmansk Regional Committee for Information Technology and Communications, which had founded the agency. They promised they would get to the bottom of the matter and get her her job back. Seven months went by, seven months during which Irina received medical treatment in Moscow for terrible headaches and panic attacks. She was prescribed heavy antidepressants.
Seven months later, her ex-boss was fired after five millions rubles went missing from the agency’s books. No one faced criminal charges, of course. On the contrary, the agency’s wonderful head was given severance pay.
Irina had been forgotten, however. She was told to take her case to court and seek justice there. Irina did go to court. At the preliminary hearing, the judge refused to hear the case, citing the statute of limitations.
I came on board during the appeal, but the case file from the hearing in the lower court immediately amazed me. Irina had filed for an adjournment, since the clinic in Moscow where she had been treated was slow in putting together the papers she needed, and so she had to fly to Moscow to retrieve the originals, meaning she needed at least a couple of days. But the judge would not have any of it.
At the appeals hearing, we tried to get all these papers admitted into evidence while thoroughly explaining all the circumstances of the case and Irina’s terrible state of health over the past seven months. Irina was still suffering from pneumonia and pyelonephritis, which we had also documented medically. The stone-faced judges rejected our motion, however.
The prosecutor at the appeals hearing made the biggest impression on me. Foaming at the mouth and raising her voice, she argued Irina had made everything up about the harassment and her health.
“She wasn’t a disabled person, so she could have gone to court.”
This is a direct quotation.
We lost our appeal. It has made me feel terrible. Our system could not care less what happens to women who suffer harassment at work. It is simply impossible to prove either that harassment took place or that it had something to do with a woman being fired.
There are only prosecutors screaming, “You’re pretending to be the victim in this case” so loudly everyone in the courtroom can hear it.
I feel terrible when female friends tell me how their bosses molest them at work more or less arrogantly. Complete strangers write to me with enviable regularity, asking me to advise them what to do if their boss asks them to go to his office after everyone leaves, or they will have to tender their resignations. I don’t know how to reply to them, because it would be a blatant lie to tell them that there are effective legal defenses and the Russian state will defend them.
Thanks to Alena Popova, who introduced me to Irina and had also been helping her all she can. Together we will definitely think of a way to win the case.
Everything is definitely going to be fine for Irina. It cannot be otherwise for fighters for justice like her[.]
Thanks to Elena Konte for the heads-up. Translated by the Russian Reader
A Petersburg housing services worker risking life and limb to clear snow off the roof of a tenement building in the city’s downtown. Photo by the Russian Reader
Russians Are Increasingly Not Paying for Their Flats Growing Debts for Housing Services and Utilities Reflect Obvious Social Ills
Pavel Aptekar Vedomosti
February 21, 2018
The increase in housing and utilities rates, occuring alongside a protracted downslide in personal income, has produced an abrupt upturn in debts for housing services and utilities, and collections of arrears in court, especially among low-income segments of the Russian populace.
The Russian Supreme Court has published statistics on the collection of debts for housing services and utilities. In 2014, 2.1 million such cases were ajudicated by the courts. In 2017, the figure was 5.4 million cases, and the total amount of recoverable debt had doubled, from ₽60 billion to ₽120 billion—taking into account, however, the debts of legal entities that paid for heating irregularly. Nevertheless, these figures reflect both an alarming trend—utilities payments have increasingly become a burden for disadvantaged parts of the populace—and the unwillingness of the rich to pay the bills for flats they have purchased as investments.
Generally, the collection of payments for utilities and housing services proceeds calmly. According to the Institute for Urban Economics, 95–97% of apartment residents pay their bills on time, but an individual’s timeliness in paying their bills depends on their income, as well as the climate and budget priorities of the Russian region where they live. According to Rosstat, household expenses on utilities and housing services per family member rose between 2014 and 2016 from ₽1,511 to ₽1,816, i.e., by 20.2%. The share of total household expenses spent on utilities and housing services rose during the same period from 10.3% to 11.3%.
For the sake of budget savings, many regions have reduced subsidies on housing and utilities, which has seriously increased the amount of money spent on these services by local populations, says economist Natalya Zubarevich. For example, housing and utilities account for 25.8% of paid services in Kursk Region, while in neighboring Oryol Region the figure is 41.1%. In Khabarovsk Territory, housing and utitilies expenses make up 26.7% of the cost of all services, while in Amur Region, which has a comparable climate, the figure is 45.8%.
In 2016, housing and utilities expenses accounted for 15.2% of all expenses among the ten percent of Russian families with the lowest incomes, and 14.8% of all expenses among the ten percent of families who were less poor. People who have to scrimp on everything are often forced not to pay for housing and utilities simply in order to survive. However, according to Mikhail Men, Minister for Construction and Housing, some of the arrears are owed by the proprietors of apartments bought as investments, who do not want to pay the bills for vacant flats.
According to Rosstat, the total amount of money owed by the Russian populace for housing and utilities in 2014 was ₽111 billion; in 2015, it was ₽135.8 billion. Subsequently, the debts have grown more quickly. In October 2016, Andrei Chibis, Deputy Minister for Construction and Housing, informed TASS News Agency they had reached ₽270 billion, and in July 2017, Men cited the figure of ₽645 billion [approx. €9.2 billion].
This increase reflects an obvious social ill. Housing and utitilies fees are billed by private companies, who turn not only to the courts to collect unpaid bills but also to the services of illegal debt collectors. Such circumstances could engender serious conflicts, especially in small towns with poor populations.
Patriarch Kirill Sees Russia’s Future in Unity of Common People and Elites
Vera Kholmogorova RBC
November 1, 2017
Kirill, Patriarch of Moscow and All Russia, outlined his vision of Russia’s future. According to the patriarch, it consists in the complementarity and unity of the elites and common people.
The unity of the common people and elites is the future of Russia, argues, Kirill, Patriarch of Moscow and All Russia. He discussed this during a meeting of the World Russian People’s Council, reports our correspondent.
“Russia is now looking for a vision of the future. I think the vision of the future is a vision of the common people and a vision of the elite achieving complementarity. The elites and common people should be indivisible, a single principle and single whole,” he said.
The patriarch stressed, however, it was “impossible to artificially appoint an elite.” According to him, it had to be educated,” just as the common people had to be educated.
“If we do not educate our own common people, others will develop them,” warned the head of the Russian Orthodox Church.
Patriarch Kirill also said Russia had “acquired immunity to all forms of political radicalism” in the one hundred years that had passed since the events [sic] of 1917.
“Russia has enough strength to remain an island of stability. Our society is now consolidated. The tragic civic split [that existed in 1917] does not exist,” he stressed.
According to the patriarch, “we can rejoice in unification and reconciliation” and “be an example and support for all those who want to survive the current global crisis.”
“The common people are not naturally inclined to revolution,” he argued.
The 21st World Russian People’s Council was held on November 1 in Moscow’s Christ the Savior Cathedral. The event’s stated topic was “Russia in the 21st Century: Historical Experience and Prospects for Development.” It was attended by Patriarch Kirill, clergymen, MPs, and public figures.
Should You Sue for Wages? Russians Don’t Believe They Should Fight for Their Labor Rights: How Wrong They Are
Pavel Aptekar Vedomosti
November 1, 2017
Economic turmoil has not only made Russian workers uncertain of the future but also indifferent to violations of their labor rights, e.g., wage arrears, increases in the length of the work day, and the absence of holidays. Workers rarely file complaints with courts and oversight bodies, fearing not only a negative reaction from management but also closure of their companies due to inspections by the state. However, in some cases, appealing to the courts for help is a quite effective means of defense.
According to a survey conducted in June 2017 among 1,600 workers over the age of eighteen in thirty-five Russian regions by the Center for Social and Political Monitoring at RANEPA’s Institute of Social Sciences, violations of labor rights are not uncommon. In practice, nearly half of the workers surveyed (42%) had encountered them. The most common violations were wage arrears (24.1%), changes in work schedules (22.5%), and failure to provide paid leave or refusal to pay it (13.1%).
Meanwhile, the apathy of workers who encounter violations has increased. The percentage of those who did not seek redress for violation of their rights has increased from 49.7% of those polled in 2006 to 54.4% of those polled in 2016–2017. Workers have lost faith in nearly all means of rectifying situations. The percentage of those who complained to management had dropped from 41% to 36.7%; to a trade union, from 8% to 5.1%; to the courts, from 7.4% to 4.1%; and to the civil authorities, from 6.7% to 2.9%.
The unwillingness of employees to protect their rights reflects the idleness of most Russian trade unions, but it does seem to make sense to appeal to the courts, at least in the case of nonpayment of wages.
According to the Supreme Court’s ajudication department, the number of such complaints has been constantly increasing. In 2007, there were 350,242 such complaints; in 2013, 459,016 complaints; and in the first six months of 2017, 243,861 complaints. Moreover, in the absolute majority of complaints (95.7–97.5%) the courts have found for the plaintiff. The situation is the other way around when it comes to suits against unlawful dismissals. In 2007, the courts ruled for plaintiffs in 10,525 of 17,934 lawsuits or 58.7% of all cases. In 2013, plaintiffs won 7,124 of 14,953 lawsuits or 47.6% of all such cases. In the first six months of 2017, the courts ruled in favor of plaintiffs in 1,748 of 4,316 lawsuits or 40.5% of all cases.
The results of the survey reflect the growing apathy of Russians in crisis conditions and fear of losing their jobs, explains Andrei Pokida, director of the Center for Social and Political Monitoring and co-author of the study. Some workers fear a negative reaction if they hang dirty laundry out to dry. If they do complain, they complain only to management. Other workers fear a complaint filed with state agencies could lead to an inspection, resulting in the closure of the company for violations. The reluctance to defend their rights is also caused by a lack of legal literacy among many workers and low incomes. Not all of them are capable of putting together the paperwork for a lawsuit, the services of lawyers are expensive, and many workers simply believe violations are the norm, explains Pyotr Bizyukov from the Center for Social and Labor Rights.
Translated by the Russian Reader. The emphasis in the first article is mine.
Today, for the first time in my life, I was a social defender [obshchestvennaya zashchitnitsa] in court. I wanted to record my experience here at least: six months ago (or fewer), it would have been hard for me to imagine doing such a thing. The hearing was perfect for starters: an appeal against charges filed in connection with the events of June 12. It was impossible to lose. However, it was just as impossible to win.
I was a bit worried yesterday evening: my first hearing was just round the corner. Lovely Alina told me that, first, I should treat it like having to deal with the housing management authorities, and second, she wished me success. When I asked her what success would look like, she said, “If you get a judge who isn’t too strident.” That was exactly the kind of judge we got: not too strident. The judge listened attentively to my babbling about the principle that forbids punishing someone twice for the same offense. She looked straight into my eyes and nodded. Finally, she asked whether we had anything else to say. And then she rejected our appeal. As usual, there is nothing interesting about any of this.
The human factor is much more interesting. Suddenly, you seemingly find yourself in the same boat as a complete stranger. There was no one besides us in the large courtroom, and the huge wooden table really resembled the deck of a ship. The “perpetrator” was a middle-aged man. As he put it, there had been only two “geezers” among the June 12 detainees in the police precinct where he had been taken. A few years ago, he was happy when Crimea was occupied, but later he changed his mind. June 12 was the first protest rally in his life, and, right off the bat, he was detained. He says he has no regrets. His colleagues at the small firm where he works concealed from management where he was while he served his jail sentence. The fact he travels a lot for a work made that possible.
On the way back from the hearing, I told him about the solidarity of the Crimean Tatars, and he told me about his wedding to a Georgian national, which almost didn’t come off, because the war suddenly broke out, and the embassy closed. His wife is now a Russian national and quite patriotic. After he was arrested, they even had a falling out, but they have made up. They have four small children. The judge was almost affectionate when she agreed to add a certificate to this effect to the case file.
Translated by the Russian Reader. Thanks to Ms. Kulakova for her kind permission to translate and publish her remarks on this website. Photo courtesy of Shutterstock
“They Have Really Gone After Us” After returning to Krasnodar Territory, participants of tractor convoy feel the heat from the very people against whom they complained
Anna Bessarabova Novaya Gazeta
August 28, 2016
The farmers were threatened during the convoy. We will stage a second Novocherkassk massacre for you and dice you like cattle in a slaughterhouse, they were told by security officers, who after the protest was dispersed have been zealously carrying out checks of their homes and farms.
Around thirty FSB officers raided Nikolai Borodin’s farm in the village of Kazanskaya, which they turned upside down. The tax inspectorate has been looking into property owned by the relatives of protest leader Alexei Volchenko. Other men have been interrogated by the prosecutor’s office. Nina Karpenko escorted her driver Seryozha Gerasimenko, a young fellow with three small children, to the detention center. He has been jailed for three days. The other men were also issued misdemeanor charge sheets: the authorities even went to the trouble of delivering the documents to their homes. The hearings took place on the weekend (Saturday) in the Kavkazsky District. Sergei Gorbachev was jailed for five days, Slava Petrovsky, for four days, Andrei Penzin and Semyon Smykov, for three. The rest of the protesters are waiting their turn.
“Nearly everyone in the villages has been paid visits by prosecutors and police,” farmer Ludmila Kushnaryova told Novaya Gazeta. No one knows what they are looking for. Or what the charges will be, either. The pressure has not stopped.”
“I cannot believe this is happening to us, in our country. We had no idea it would be so frightening,” said Nina Karpenko. “They have really gone after us. The deputy chief of the district traffic police escorted my tractor drivers and me to the hearings. He followed us for 250 kilometers. Whatever for? There were two people working in the courthouse on Saturday: the judge and the chairman. Didn’t they have anything else to do?”
Nikolai Maslov and Oleg Petrov, two convoy participants jailed for ten days, have been transferred to Novocherkassk.
“Dad called early this morning. He said everything was alright. But who knows. Maybe he just didn’t want to scare us?” said Igor Maslov, worried about his father. “We still haven’t found lawyers for them. How much do you think they’ll gouge us?”
Alexei Volchenko’s colleagues and friends have been looking for him. He has not been answering calls to any of his phones. He is not to be found in his home village. He has disappeared. The last thing the farmers heard was that Volchenko had been fined in Rostov Region. He made it back to Kuban, where he was detained again and sentenced to ten days in jail in Ust-Labinsk. The authorities are now, allegedly, preparing to charge him with extremism.
The Russian government, the Prosecutor General’s Office, and the Russian Investigative Committee have been pretending nothing is happening in Kuban. The official TV channels have been airing election campaign spots about the ruling party’s ability to listen to people, but they have not aired any stories about the events in Krasnodar Territory. They have maintained their silence for a week.
Alexander Popkov, a lawyer with the Agora International Human Rights Group, Boris Titov, federal commissioner for the rights of entrepreneurs, former Federation Council member Ivan Starikov, and Russian Federal Public Chamber chair Georgy Fyodorov have promised to help the participants of the tractor convoy.
“Obviously, the farmers have committed no offenses, and the wild imitation of law enforcement involving riot police and arrests for a ‘rally’ in a cafe are aimed at suppressing a peaceful and reasonable protest campaign,” said lawyer Alexander Popkov. “The first thing we are going to do is file appeals, and then we are going to see whether there is any point in beating our heads against the courts in Russia or whether we should immediately file a class-action complaint with the European Court of Human Rights.”
“I have been in contact with the farmers, their wives, and their children. They are drafting an appeal, and next week we plan to hold a big press conference in Moscow,” Ivan Starikov informed Novaya Gazeta. “Their problem needs to be solved systemically. People’s land shares are being confiscated, and there are around 300,000 victims of this practice nationwide.”
According to Valentin Pyshkin, attorney for convoy participants Nikolai Maslov, Oleg Petrov, and Sergei Vladimirov, the farmers have filed an appealed against the court decisions that sentenced them to ten days in jail.
“But we won’t get an answer earlier than Monday,” the lawyer explained. “On August 26, I was not admitted to the Novocherkassk detention center and allowed to talk with my clients, because, you see, according to their internal regulations, prisoners are entitled to representation by a lawyer only from two to four in the afternoon. It is an odd rule. But at four o’clock I had a court hearing in Aksai. Rustam Mallamagomedov from the Association of Russian Carriers (OPR) was on trial. On August 24, he had gone to the police station on his own to find out what had happened to the detainees, and the police didn’t let him back out of the station.”
Truckers Ready to Fight for Farmers
Andrei Bazhutin, chair, Russian Association of Carriers (OPR):
“We arrived from Petersburg to Moscow, where we were getting ready for a car convoy through Siberia. We learned about the arrest of the tractor convoy on the morning of August 23 and changed our plans. We went to support the tractor drivers. We were stopped by police for eight hours on the Moscow Ring Road, and eight hours in Voronezh Region. Along the way, we were written up for violating Article 20.2 of the Misdemeanors Code [“Violation of the established rules for organizing or holding an assembly, rally, demonstration, march or picket” — Novaya Gazeta], but they did not stop us from traveling further.
“By the time we got to Rostov, two of our activists [who had been with the tractor convoy from the beginning — Novaya Gazeta] had been sentenced to ten days in jail, while another two had been fined 10,000 rubles. Now we are here in Rostov: we have four big rigs and some cars. We are working with the lawyers and human rights activists and trying to help the guys out. We think it is necessary to gather journalists and advance on Krasnodar Territory to draw attention to these court hearings. Center ‘E’ [the Interior Ministry’s Center for Extremism Prevention — TRR] has intimidated everyone here.