The Supreme Court overturned the verdict in the case "Kirovlesa" blogger Alexei Navalny and sent it for retrial in the Leninsky district court of Kirov in connection with newly discovered evidence. Thus, explained "Izvestia" in the sun, the court executed the decision of the European Court of Human Rights, noting that the abolition of the sentence should not be politicized. In this regard, some experts said that Navalny will take advantage of the abolition of the sentence for the election of one or another level. Under current law, a citizen after the abolition of the sentence in a criminal case can really take part in the elections. However, explain the lawyers, should await the decision of the lower court, as Navalny does not justify the decision of the court, and the case was sent for retrial.
The Presidium of the Supreme Court overturned the verdict against Alexei Navalny accused of embezzlement of "Kirovles" and sent it for review. In late February, the European Court of Human Rights found a violation of the rights of Navalny and the second involved in the case of Peter Ofitserova to a fair trial and awarded them compensation. At the same time, the Russian side has filed an appeal against this decision, but it rejected the ECHR.
Recall that in July 2013. Bulk and officers were convicted of theft in the state enterprise "Kirovles" and sentenced to five and four years' imprisonment respectively. Later, the real deadline was changed to conditional. Navalny is also a defendant in the so-called case of "Yves Rocher", in December 2014 he was sentenced to 3.5 years of probation and five years probation.
Navalny himself he said that the sun does not comply with the judgment of the European Court, since it does not dismissed the case as the ECHR ruled, and sent him a new trial.
- The case was reviewed in detail, today I had to justify. Today's decision was made with one purpose - to force me again to go to Kirov for the consideration of the case and, thus, prevent my political activities, - said Navalny, adding that he intends to appeal against the Supreme Court ruling in the committee of the Council of Ministers of the European Council, which supervises the execution decisions of the European Court of human Rights.
Meanwhile, as explained by "Izvestia" in the Supreme Court, in this case, the court complied with the requirements of European legislation, which is binding.
- In this case, there are two approaches: to cancel the sentence at all, or to change it in part. BC it overturned and sent for review, - he explained in court.
Interlocutor in the sun reminded that the court takes the decision of the ECHR, calling not to focus on the resonance of a particular case.
- The Supreme Court, as a supporter of the legal approach, takes the letter of the law in 100 cases out of 100, - stressed in the court.
Expert Legal Culture Support Fund Dombrovitsky Maxim believes that the decision is in bulk restores voting rights.
- The law does have such an opportunity. In fact, as soon as the Supreme Court overturned the verdict and the trial court had not yet had time to re-examine the case, in the meantime been convicted person is automatically canceled because the conviction is canceled and until a new judgment (conviction or acquittal), a person can take part in next elections, - he explained. - What is not forbidden is permitted.
He also believes that the procedure for transfer of the case from the Supreme Court in the judgment of a lower court is unlikely to be delayed.
- As soon as the documents arrive, depends mail judiciary - said Maxim Dombrovitsky, adding that the current practice, this can happen in a month.
- The fact that the Supreme Court overturned the verdict and sent the case for retrial to the Leninski district court of the city of Kirov - absolute normal, normal practice - said "Izvestia" plenipotentiary representative of the Russian government in the highest courts Michael Barschevsky. - Now in this case it is not considered convicted.
The verdict of the Leninsky court of Kirov city can be both guilty and acquittal depending on what specific grounds for cancellation of the decision have, in its decision, the Supreme Court, said Michael Barschevsky.
Electoral expert Grigory Melkonyants noted that citizens who are sentenced to imprisonment for committing grave and especially grave crimes, are not allowed to run for 10 (or 15 - in the case of particularly serious offenses) years after repayment of previous convictions, and to repay it can only be through six (or eight - in the case of particularly serious offenses) years after serving his sentence.
However, in the case of "Yves Rocher Vostok" Alexei Navalny sentenced for a crime of moderate severity that does not impose restrictions on its voting rights. Article 32 of the Constitution prohibits citizens run contained "in prison upon conviction," said Grigory Melkonyants, however, this restriction does not apply to Alexei Navalny, who was sentenced in the case of "Yves Rocher" conditional and not in prison.
At the federal level in Russia has so far been no precedent, when the election was registered candidate, who is serving a conditional sentence by the court, but such cases are not uncommon in the municipal elections, said "News" political scientist Alexander Kanev. Thus, pending a verdict in the case of a new "Kirovlesa" (if he is guilty) a restriction on the right to stand in bulk arise only in the case if the court will replace the suspended sentence for the real cause of "Yves Rocher".
Experts interviewed by "Izvestia", questioned the fact that Navalny will be able to take part in the elections. Head of "Political expert group" Konstantin Kalachev stresses that the review of the case does not justify the means.
- It is good that the sun has shown respect for the ECHR and the case will be reviewed again. But this does not mean that we will get an acquittal, and that in this case it is a question of rehabilitation Navalny - the expert believes.
Revision of the legal proceedings allows Navalny to try to take part in the elections, but in fact this option is unlikely to be used.
- If the sentence is revoked, then perhaps he can run. But why? Given that fact and may lose, - political scientist Konstantin Kalachev said. - In addition, it gives him the election, for example, the local MP? He obviously has ambitions, he tried his hand in the election of the mayor of Moscow, and clearly sees himself at the head of the party list in the next elections to the State Duma, or as a member of the presidential elections.
The head of the fund "Petersburg policy" Mikhail Vinogradov believes that in the medium term, fueled by intrigue concerning the possibility of bulk in the presidential election in 2018.
- The movement goes in that direction, - he said.
A spokesman for the Russian president, Dmitry Peskov, said that the theme of Navalny's participation in the presidential elections in the Kremlin is not discussed.
- It is not our topic, have no opinion, - he said.