The Constitutional Court of the Russian Federation refused to consider the complaint of former head of the GUEBC and the Ministry of Internal Affairs Denis Sugrobov, sentenced to 12 years in prison for organizing a criminal community from his own subordinates and exceeding his official powers in order to receive awards and career growth. The Constitutional Court decided that it was not within its competence to consider the error of the application of legal norms in the case of the former general, and Mr. Sugrobov did not contest the very constitutionality of his claims. Meanwhile, the ex-head of the police chief pointed out in his appeal to the Constitutional Court that in his opinion, when considering the case of the "police FSO", the dispositions of certain articles of the Criminal Code of the Russian Federation were erroneously applied.
In his complaint to the Constitutional Court of Russia, the former head of the anti-corruption chapter of the Ministry of Internal Affairs, Denis Sugrobov, questioned first of all the disposition of two articles of the Criminal Code of the Russian Federation - 286th and 304th. Recall that the ex-general himself was convicted under art. 210 (organization of the criminal community) and art. 286 (abuse of office) of the Criminal Code, and art. 304 of the Criminal Code (falsification of evidence) was imputed only to his subordinates.
Mr. Sugrobov, as follows from his complaint to the Constitutional Court, considers one of the provisions on abuse of power to be unreasonable, since "it allows to recognize the consequences of unlawful bringing to criminal responsibility, detention, detention and detention under the grave consequences of actions of law enforcement officers guards ". In the opinion of the convicted Sugrobov, such consequences can arise only from the actions of those who carry out criminal prosecutions, for example, the judge who chooses the preventive punishment, but not the employees of the operational units of the Ministry of Internal Affairs. Moreover, according to the applicant, because of the violation of the "principle of certainty" of the said legal norm, it is impossible to delimit the provocation of crimes from the lawful operational-search activity "operational experiment".
In addition, ex-general Sugrobov asked to recognize a number of provisions of the Code of Criminal Procedure and the law "On Operational Investigative Activities" that violate his constitutional rights. Thus, the complaint draws attention to the inconsistency of the decisions on bringing in as the accused, handed over to his defense, by the fact that they are in the materials of the criminal case. As a result, according to Denis Sugrobov, the trial in this case was actually conducted on the basis of, in fact, no charges brought against the defendant.
Having examined the complaint, the Constitutional Court concluded that "the legal provisions listed in Sugrobov's appeal can not by themselves be regarded as violating their constitutional rights."
The refusal to accept the complaint for consideration by the chairman of the court, Valery Zorkin, notes that "the applicant, in fact, does not contest the constitutionality of the legal norms as such, but expresses disagreement with their erroneous application in his case." And this is no longer within the competence of the Constitutional Court, which "exclusively resolves issues of law and in the implementation of constitutional proceedings refrains from establishing and investigating actual circumstances in all cases when it falls within the competence of other courts or other bodies." The determination of the Constitutional Court on the complaint of Denis Sugrobov is final and can not be appealed. At the same time, the Constitutional Court noted in its decision that Mr. Sugrobov did not make full use of the possibilities of Russian legal proceedings to defend his position. In this regard, the lawyer of former General Eduard Isetsky told Kommersant that he is preparing a complaint to the Supreme Court of the Russian Federation.
Recall that the verdict to General Denis Sugrobov Moscow City Court ruled on April 27, 2017, appointing him a sentence in the form of 22 years in a colony of strict regime. In addition, the convict was deprived of the rank of lieutenant-general of the police and was able to hold positions in law enforcement bodies for five years. Later, the Supreme Court of the Russian Federation reduced Denis Sugrobov's sentence to 12 years. Former subordinates of the general on GUEBiPK also received lengthy - up to 20 years - terms of imprisonment, the Supreme Court significantly reduced them.