 | № 200 (3142) | 20.12.2005 |
So as not to deplete the exchequer
"Here is your coin for vodka and away with you!.."
Yesterday the civil panel of judges of the Supreme Court of the Republic of Tatarstan partly granted the appeal of the Ministry of Finance against the judgment of the Almetievsk city court over its ruling in favor of Eugeniy Vedenin - 3 millions Rubles. The panel of the judges did not decide totally in favour of the appeal of the Ministry of Finance, which asked to cancel the judgment of the trial court, and determined the "final" fine - 1 million Rubles.
We remind you that Vedenin was convicted of a murder, he was imprisoned for 15 years, and in February 2005 was found not guilty. In his appeal for compensation, which he brought in November 2005 to Almetyevsk city court, The plaintiff asked for 5 million rubles in reparation. Handed the decision about the penalty award against the Ministry of Finance (3 millions Rubles) the defendant agreed to it in principle. Yet the respondent considered the sum "too high and unreasonable", for the mental sufferings of the complainant were not certificated by medics. The Ministry of Finance did not agree with Vedenin`s arguments that the sentence for a murder sullied his name among his acquaintances and relatives. They say, they all gave evidence for the plaintiff, so all of them had no doubt of his innocence.
Another detail, that has "an essential influence on the amount of the compensation of the moral damage", the Ministry of Finance reminded Vedenin of the long cancelled conviction for embezzlement, he committed as a minor: "the complainant has an experience of being in the institution of confinement".
- It is not an argument, but an immoral and cynical attack, - Eugeniy Vedenin finds. - I answered for this embezzlement according to the law. The Ministry of Finance probably believes I am an inferior man now, that I can serve my sentence for no reason whatever and it does not matter if I cell again?
The legal trump card of the defendant is precedence: Some people spent much more time in a prison cell and received a much lower compensation - 350, 450 thousands Rubles. And 3 millions Rubles will, in opinion of the Ministry of Finance, enrich Vedenin groundlessly. The exchequer will be in the exaggerated financial straits.
- I think, it`s just ridiculous, - Eugeniy Vedenin commented the last argument of the Ministry of Finance. - What is more, the case law is not valid in our country. I find, that the amounts of compensations for unlawful convicted should always be multi millions. It is fair. So for the colonel Popovskiy, who was brought to trial for Kholodov`s murder, they demand 52 millions Rubles! And he has not even been convicted.
- During the trial the respondent`s representative supplemented her arguments; - the head of the investigation department of the Kazan Remedial center Igor Sholokhov, who represented Vedenin`s interests, told the "Evening Kazan" correspondent (the press was let into the court room only for announcement of the decision). - The representative of the Ministry of Finance said that there are too many judicial mistakes now and, if the state will pay so much for every of it, there would not be any money in the exchequer. Basically this statement, made by a state representative, is an accusation against our trial system. I, as a taxpayer, also would like this money to be spent on a children`s home or on a renewal of a policlinic. But it looks pitiful, how the state tries to put responsibility elsewhere. They should judge according to the law - then they will not be "ruined".
Eugeniy Vedenin is going to obtain justice in all instances right up to the Strasbourg court. Igor Sholokhov, though he wants to support his client, does not share his optimism:
- You need solid argumentation to cancel the decision of the court of appeal by the reviewing authority - for example, violation of law by the adjudgement. But no "bill of fare" for moral damages is written down in Russian laws. And the decision of the European Court of Human Rights in Strasbourg is just recommended. So the immediate task is to get this million. What is not so easy: only one person in Tatarstan got the compensation for moral damage handed to present day. Just because the sum was not really "wasteful" for the Ministry of Finance - only 5 thousand Rubles.
Elena MELNIK.
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