Old initiative
The Deputy of last convocation of the state Duma Vladimir Ponevejsky introduced a bill authorizing the Chairman of the Russian Supreme court to seek a review of any business, if it does not entail a tightening of the sentence. According to the source , the project in December last year was approved by the presidential administration, and three months later received a positive conclusion of the Ministry of justice and attorney General.
If there is a positive government review of the project, “most likely, will support the Committee”, said the Chairman of the Duma Committee on legislative activities of Rafael Mardanshin. He is confident that “adoption of this bill would have a positive impact on judicial practice.”
Ponevejsky who were in last convocation of the faction “United Russia”, proposed to amend the Criminal procedure code even in the summer of last year. As follows from the document, “in exceptional cases, the Chairman of the Supreme court or his Deputy in the presence of bases right on its own initiative, to request any criminal case and submit to the Presidium of the Supreme court of the Russian Federation representation about revision of judicial decisions, if it will not lead to the detriment of the convicted person”.
“In any case, the priority is the duty of the state in the face of the court to rectify a miscarriage of justice,” — said in the explanatory note to the project.
On the eve of the government Commission on legislative activities approved a positive opinion on the draft law, said “Vedomosti”. It “will allow us to take effective measures to eliminate miscarriages of justice,” agreed the White house.
This document was received in the Institute of legislation and comparative law under the government (SISP), confirmed in its press-service. The Institute has prepared a report and approved the draft in part the right of the court to review any criminal cases. “In terms of administrative Affairs, the Institute has proposed to allow review only if the decision is made in favor of citizens”, — said in the SISP.
Correction of judicial error
Approval of the bill right now is not related to any political events, says a source close to the Kremlin. The decision to support it was taken before the constitutional court decided to review the case of activist Ildar Dading. “It was a parallel process,” the source said.
Bill is the former Deputy from “United Russia” in case of adoption will allow to avoid judicial practice of bureaucratic delays, said the Chairman of the Collegium of advocates of Moscow “Knyazev and partners” Andrey Knyazev.
“This will avoid all the bureaucracy at the recovery of materials important case, which attracted public attention. For example, Ildar Dading, Eugenia Chudnovets. If there once was requested then the issues would be resolved much faster,” — said the source . However, the law on the General picture will not be affected, as it will apply only to lawsuits, the lawyer says.
The founder of the Center of assistance to international protection, Karinna Moskalenko said the initiative Ponevejsky “a law of correction of judicial errors”. In her opinion, the document necessary to register points on the observance of victims ‘ rights. “This side [of the victims] must have access to information about the possible revision of the decision of the court and the ability to speak”, — said Moskalenko.
