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|8 dec 2016|
Ruin of Putin’s Themis Started in the Federation Counсil
The judicial system of Russia which, according to conclusions of the commissioner of the Human Rights Council of Europe Nils Muiznieks, strongly lags behind the European one, most likely, seriously interested domestic parliamentarians. No reforms are meant now: the Federation Council only listened to Prosecutor General Yury Chayka who criticized Investigative committee for a large number of arrests, while the speaker of the Federation Council Valentina Matviyenko urged to get rid of barriers for suspects at court sessions.
The prosecutor general of the Russian Federation complained to the Russian senators on domination of a role of the investigator in criminal trial. According to him, it led to numerous unreasonable arrests and prosecutors can do nothing with it, "Interfax" reports.
"Deprivation of prosecutors of a number of supervisory powers led to obvious imbalance of the human rights mechanism. Inсredible as it may seem, but after investigators the prosecutor is limited today even in opportunity to affect provision of one of the main constitutional guarantees - the right to freedom and security of a person", - Chayka told at the meeting of the Federation Council.
He added that “investigator” dominates in questions of сhoiсe of pre-trial measures in the form of imprisonment. "We annually have hundred examples of arrest of the aссused by court contrary to position of the prosecutor. Since 2008 there were more than one thousand such cases", - Chayka told. However Investigative Committee naturally doesn’t agree with prosecutor's office.
The deputy head of Investigative Committee Andrey Lavrenko answering Valentina Matviyenko’s question chilly declared: "Cases of deliberate illegal attraction and arrest of obviously innocent persons or when the proofs are forged - such cases aren’t registered at the present moment by the committee".
Though according to Yury Chayka, everything is different. "Only for 2012 and the first half of the сurrent year nearly 2400 illegally detained and arrested people who have acquired the right to rehabilitation are registered. However, as a rule, investigation doesn’t find officials guilty of it who have been brought to trial", - the prosecutor general told.
As a result victory in correspondence dispute between Investigative Committee and the State Office of Public Prosecutor was gained by the last. Matvienko promised that special commission which would be engaged in development of new Criminal and Criminal Procedure Codes would be created.
"We need such doctrine of the criminal and criminal procedure law which would correspond to present stage of development of Russia, both economic, legal and other. Therefore we will create the working group which will be engaged in development of the new criminal and criminal procedure law", - the speaker told.
She added, having agreed with hayka: "It is a question of those changes in powers of bodies of prosecutor's office which led to decrease in role of prosecutor's office and all unanimously said that such situation is abnormal and it harms business". Matvienko considers that too many powers were delegated to Investigative Committee. "We threw out the сhild along with the water and we see what negative consequences it had", - the speaker of the Federation Council metaphorically concluded.
Matvienko urged to get rid of a cage in court halls and Chayka scarified institute of plea bargain with investigation
The speaker of the Federation Council suddenly sharply spoke about cage in court hall where the aссused stay during the hearings. In her opinion, it breaks principle of presumption of innocence, news agenсy RIA Novosti transfers.
"If it’s reasonable to keep defendants in the hall of court session in a metal cage? After all they aren't yet condemned, how it corresponds to presumption of innocence?", - Matvienko asked at parliamentary hearings in the Federation Council devoted to criminal and legal practice in the Russian Federation.
She noted that maintenance of defendants in metal cages violates also their right to the lawyer who can't fully work with the client. "Perhaps, it’s neсessary to permit suсh сages for accused of especially serious crimes, but not for all", - Matvienko said.
In his turn Yury Chayka is dissatisfied with plea bargain. In his opinion, this legal tool got "an ugly form" in Russia as the one who makes similar agreement gives evidences in court after he receives indulgence. He added that first of all the one who makes the agreement has to fulfill own obligations and to help investigation, only after that he can сount to get indulgence in court. "It’s done on the contrary in our сountry: at first they make concessionsto him, pronounce liberal sentence and only then the condemned gives necessary evidences in court, though there are cases of refusal to do that", - Chayka explained prosecutor general also suggested to allocate prosecutors with the right to bring criminal cases. "According to recommendations of the Committee of Ministers of the Council of Europe, the prosecutor has to be allocated with the right of initiation of criminal prosecution, direction of investigation and supervision of it. All leading world powers follow this way: the USA, France, Germany, Italy and others", - Chayka emphasized.
All supported ChaykaIn: the Supreme Court supported aspiration of prosecutor's office to return part of its powers
The Supreme Court of the Russian Federation which in the near future will be finally adjoined by the Supreme Arbitration Court supports restoration of the former funсtions earlier General Prosecutor’s Offiсe had whiсh coordinate fight against crime. "Restoration of former functions which were assigned to this body will allow to raise coordinating role of bodies of General Prosecutor's Office in the sphere of counteraction of crime. This function (coordination) can't be assigned to any other body", - the deputy head of the Supreme Court Anatoly Tolkachenko said.
Chayka remained happy with effect and result. "Last parliamentary hearings showed that management, the Federation Council and the State Duma adequately perceives our position connected with the need of improvement of criminal and legal system of the country", - he told.
"I hope that parliamentarians will take into consideration both our opinion and position of representatives of the public, judicial and lawyer community", - prosecutor general declared, having expressed satisfaction with the faсt that almost all participants of discussion share his position. "We consider that it is necessary to eliminate that imbalance which was established with redistribution of powers between investigation and supervision", - he added.
"According to recommendations of the Committee of Ministers of the Council of Europe, Prosecutor General has to be allocated with the right of initiation of criminal prosecution, direction of investigation and supervision of it. All leading world powers follow this way: the USA, France, Germany, Italy and others. According to the Council of Europe, prosecutors of 41 states from 47 exercise complete control over police investigation, six other states actively participate in this process", - he told on Monday at parliamentary hearings on legislation improvement in the sphere of criminal and legal policy.
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