Thursday, July 30, 2009

Stalin’s Grandson Sues Newspaper for Libel

Evgueny Dzhugashvili, a grandson of Joseph Stalin, sued the Novaya Gazeta newspaper for libel. The newspaper published an article, stating, in particular, that “Stalin [committed] terrible crimes, first and foremost against the people.” Dzhugashvili demands to discalaim the statement and compensate his moral harm in the amount of 10 mln rubles (cr. $300,000).

http://echo.msk.ru/news/609239-echo.html

Kyrgyz Elections Held Constitutional

The Constitutional Court of Kyrgyzstan found recent presidential elections, won by current President Kurmanbek Bakiyev, constitutional. Numerous complaints alleging violations were passed to local law-enforcing bodies for investigation. Earlier Commonwealth of Independent States observers found the elections “transparent and democratic,” whereas Organization for Security and Co-operation in Europe observers reported “mass violations” and found the elections “inconsistent with international standards.”


http://www.kommersant.ru/doc.aspx?DocsID=1212935

Policeman’s Victims May be Prosecuted for Indiscretion

Investigators warned the victims of Major Denis Evsyukov, a former police department head who went on a shooting massacre in a Moscow supermarket, that they may be prosecuted if they disclose “secrets of investigation” to the court hearing their civil claims to the government. The investigators also refused to bring Evsyukov, now kept in custody, to the court to testify. Later on, the court dismissed one of the suits on the grounds that the government is not responsible for a police officer shooting out of duty; the other suit is pending.


http://russian-law.livejournal.com/47730.html

Wednesday, July 29, 2009

Russian Judge in Strasbourg Must Withdraw

The European Court of Human Rights, located in Strasbourg, proposed Russian judge Valery Musin, who was supposed to participate in the consideration of the YUKOS v. Russia case, to withdraw. The reason is that Musin has just been elected to the Board of Directors of Russian state-run corporation Gazporom, which may result in a conflict of interests. If Musin withdraws, President Dmitry Medvedev will have to select another judge to take part in the YUKOS case. Musin is a law professor who taught now-President Dmitry Medvedev and now-Prime minister Vladimir Putin.

http://kommersant.ru/doc.aspx?DocsID=1212077

Tuesday, July 28, 2009

Consumer Rights Agency Restricts Exit from Russia

Consumer Rights Agency Restricts Exit from Russia
Rospotrebnadzor (Federal Service for Supervision in Consumer Rights Protection and Human Welfare) issued an order prohibiting educational trips of Russian schoolchildren to the U.K. The stated reason is that the U.K. is unsafe in terms of the swine flu. Rospotrebnadzor’s head Gennady Onishchenko explained that the agency may prohibit Russian tourist companies from issuing travel documents to children and request the Russian border control service to stop children groups on the border. Experts opine that restricting constitutional rights of citizens Dr. Onishchenko grossly exceeded his authority, which may qualify as criminal offence. Rospotrebnadzor and its head are notorious for imposing sanitary-grounded “sanctions” on countries having political frictions with Russia. In particular, Dr. Onishchenko has declared import bans on Moldovan wine, Georgian wine and mineral water, Latvian sprats, Byelorussian milk, and U.S. poultry.

http://kommersant.ru/doc.aspx?DocsID=1211946&NodesID=7 (Russ.)

Consumer Rights Agency Corrects Supreme Court

Rospotrebnadzor (Federal Service for Supervision in Consumer Rights Protection and Human Welfare) published a press-release criticizing the recent Russian Supreme Court’s (SC) letter on the issue of the loan agreement cases venue. According to the Supreme Court, contractual provisions setting venue in the judicial district where the bank is located should be upheld. In contrast, Rospotrebnadzor, citing consumer protection legislation as a ground, insists that the borrower may chose venue at his/her place of residence, despite the contractual provision. Rospotrebnadzor points out that the SC letter is not legally binding, and opines that “the artificially stirred interest to the [SC] letter . . . can hardly strengthen citizens’ trust . . . in judicial branch representatives.”

http://russian-law.livejournal.com/47489.html

Journalist’s Sentence Reduced

On appeal, the Moscow Cit Court reduced the term of punishment to journalist Oleg Lurie from eight to four years of imprisonment. Earlier Lurie was found guilty of extortion and fraud. According to the judgment, he demanded from Federation Council member Vladimir Slutsker $50,000 for non-publication of discrediting materials (extortion). After the materials had been published, Lurie allegedly demanded and received EUR11,500 for their removal from the web, but failed to do it (fraud). Lurie pled not guilty and insisted that he had asked money only for advertising services.

http://www.kommersant.ru/doc.aspx?DocsID=1211615&NodesID=6

Monday, July 27, 2009

Constitutional Court Refuses to Support Demonstrators

The Russian Constitutional Court published its reasoned decision in a case related to public meetings and manifestations. Applicants, several Russian citizens, challenged the constitutionality of the current legislative provisions allegedly allowing local authorities to easily ban undesirable manifestations on farfetched grounds. The Court, believing the legislation is constitutionally fine, refused to consider the complaint on the merits, although pointed out that local authorities’ refusal must be sufficiently well-grounded to be legal. Justice Anatoly Kononov dissented, arguing that the Court “dodged its main duty – the protection of citizens’ constitutional rights and freedoms.”

http://russian-law.livejournal.com/47350.html

Transnistria Strengthens Presidential Power

Transnistria, a breakaway Moldovan province, began the “popular discussion” of the draft of its new Constitution, the referendum on which is expected by the end of this year. The new Constitution makes presidential power much stronger then now: according to it, the president appoints upper parliament chamber members, may dissolve the lower chamber, appoint local administration heads, top judges and the prime minister, etc. The drafters say they have used the Russian political system as a model. The Transnistrian authorities have declared that their main goal is to join Russia as a constituency.

http://www.kommersant.ru/doc.aspx?DocsID=1210928&NodesID=5