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|18 aug 2017|
They Started Bringing to Trial Officers Demanding Enforcement of Court Decisions about Provision of Housing
Peter Ilyushkin, lieutenant colonel 14.01.2009
It started! They brought criminal cases and throw out on the streets the officers demanding housing being due to them under the law!
The first who, I would say, got under such "political", absolutely lawless skating rink is a trooper, senior lieutenant Ivan Golota. On December, 24, 2008 the Novorossisk garrison court sentenced him - the veteran of battle actions awarded with a medal "For Courage", a father of 2 juvenile children - to six month conditionally under section 337 of the Criminal Code of the Russian Federation (arbitrary desertion of the military unit).
What is the fault of the trooper the judge Mr. Putilovsky saw when he sentenced the fighting officer "In the name of the Russian Federation"? Let's start from the fact that the judge passed a sentence not from himself but on behalf of Russia. So, the state sentenced the officer. But in fact the same state earlier had undertaken a duty to give him housing. Though it didn't satisfy that obligation.
Besides military-medical commission already 4 years ago recognized Ivan Golota unfit for service in Air Landing Troops.
One more thing - 4 years ago the term of his contract service according to which he undertook to serve honesty expired. The officer fairly met obligations including participation in battle actions! What about the second party, the state?
It, dear, should have given the officer housing and dismiss from military service 4 years ago. But, certainly, it didn't. Instead it showed (in my opinion) "fig"! It showed fig also to Novorossisk military court which already 4 years ago obliged the commander to provide Ivan Golota with housing and to dismiss.
- The commander ignored both the decree of the court and decision of the military health authorities, - senior lieutenant Ivan Golota says. - He motivated it by absence of housing. But it is a lie, there were apartments by the time. The commander, instead of complying of the decree of the court gave them to other people, thus not forgetting oneself ...
Instead of complying of the decree of the court the commander of a landing unit forced the officer unfit for service for health reasons to go on service during 4 years. That is the commander himself (in my opinion) falls under 2 criminal sections - 315 (malicious nonperformance of the decree of the court) and 286 (fulfillment by the official of actions obviously exceeding authorities and entailing essential infringement of rights and legitimate interests of citizens).
So why then on December, 24 the court convicted not the commander of the unit maliciously not executing decrees of the same court but simple senior lieutenant? May be Ivan Golota let somebody die in battle, betrayed, sold a tank or terrible military secret? What was the damage brought by actions of the officer?
He didn't betray anybody, didn't put any damage. Simply, under evidences of "witnesses from the commander", from April, 30 till July "he did not come to service in the landing unit".
To tell you the truth, this charge is similar to rubbish. As section 337 of the Criminal Code of the Russian Federation assumes absolution from criminal liability if self-wolf is the consequence of confluence of heavy circumstances. Well, don't you think that Ivan had such circumstances?
The commander put simply humiliating salary - hardly more than 3 thousand roubles (in view of the cost of the way "to a place of service" each member of Golota's family got 200 (!!!) roubles a month). Whether it is possible to feed, dress up, cure children on 200 roubles?! Let judge Mr. Putilovsky (who, probably, receives minimum 100 thousand monthly) try to do it. What would this judge do if he and his children would be restricted to such a "diet", having axed a post? Whether he would come to the entrance of a military court and stupidly sit all the day long doing nothing?
In fact they are forcing to do just it - to sit stupidly doing nothing - tens thousand officers whose posts are axed, meanwhile they refuse to give them apartments.
If the judge Putilovsky does not know the terms the commander is obliged to comply the decree of court? The law gives one month for it. And the court is obliged, under the law, to supervise performance of the decree. While what did the Novorossisk court do to force the commander of Ivan Golota to comply the decree of court? Why it didn't send such commander away, when he came "bring criminal case" against senior lieutenant?
In fact it was the commander personally who generated Ivan's situation and was aggravating it more and more during all those 4 years! May be I understood something incorrectly?
Then let's listen to competent opinion of the lawyer of the trooper Valentin Uzunyan:
- Criminal liability on part 4 section 337 is possible only for recruits and contract soldiers. Ivan Golota simply could not be a subject of the crime under this section. The court thought up some third type of service which was not stipulated by law: "voluntary service". Besides Ivan was deprived of admission to privacy. That is he legally could not carry out duties on the post ...
However the military court named opinion of the lawyer insolvent. It recognized the trooper criminal.
It is necessary to think that soon tens, hundred thousand militarians which will not agree to be dismissed without getting housing will get under same "skating rink". Another 17 criminal cases against boundary officers and ensigns from Sochi who will be absurdly accused of desertion are on the way.
Officers addressed for help to the president of the country, into all Russian instances. There are no results at present. Nobody, nowhere hear them. There's only one but very effective mean - resort to European Court of Human Rights. It has already accepted one complaint from the officer - frontier guard. Judging from proceeding illegal prosecution of militarians, very soon Strasbourg will be filled up with complaints against Russia, not satisfying obligations of the defenders.
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