My own lawyer
08/18/2016
In August 2015, I contacted the Autonomous non-profit organization “Center for Consultation and Law”, located at Krasnodar, st. Pashkovskaya, 65, regarding my employment as an arbitrator of the permanent arbitration court at the Autonomous non-profit organization “Center for Consultation and Law”. After filling out the form with personal data and subsequent verification of the data provided by me, 09/02/2015. I was announced about joining the staff of the above-mentioned organization as an arbitrator of a permanent arbitration court - the Krasnodar Regional Court of a public organization under the Autonomous non-profit organization "Center for Consultation and Law". I was also acquainted with the regulations on the permanent arbitration court at the Autonomous non-profit organization “Center for Consultation and Law”, the charter of the Autonomous non-profit organization “Center for Consultation and Law” and explained to me my rights and obligations. After which I was given ID No. 84374 for personal use within the above-mentioned organization, a certificate of confirmation of status and a whole package of documents, based on which it follows that I am a judge of a permanent arbitration court - the Krasnodar Regional Court of a public organization under the Autonomous non-profit organization "Consultation Center" and rights."
01.10.2015 I was driving a car along the M-4 Don highway in the direction of Rostov-on-Don on my personal business. At 1102 km. highway M-4 "Don" (the so-called checkpoint "Samarsky") at 08:32 a traffic police officer stopped me and "asked" me to provide documents for verification, without even explaining the reason for the stop, which surprised me very much since we were moving in a traffic jam When approaching the traffic police post, I basically couldn’t break anything. I provided the traffic police officer with a wallet with documents in the first and second tabs of which were my driver’s license and vehicle registration certificate, respectively. However, the traffic police officer was interested in a certificate with the inscription Arbitration Court of the Krasnodar Territory, also located in this wallet. He asked me to show this ID, and then asked me to hand it over to him for review. After which he left with him, and after 10-15 minutes he returned and began to scare me with Article 327 of the Criminal Code of the Russian Federation, allegedly I forged the certificate of a judge of the Krasnodar Regional Court of General Jurisdiction (though he did not specify whether it was federal or magistrate). I immediately explained to the traffic police officer that this certificate is a certificate of an arbitration court judge and it does not provide me with any rights and freedoms, and this traffic police officer had no reason to demand them at that moment (although in the report this officer indicates that I “ poked his ID in his face). I was asked to show the contents of the trunk, and I immediately and unquestioningly complied with this demand of the government representative. After that I was asked to go to the post. Seeing what was happening, I immediately, in the presence of several other traffic police officers, began to explain that I was an arbitrator, then, seeing that there was no understanding in their eyes, I went into the car and provided them with the entire package of documents regarding the fact that this was the certificate of a judge of a permanent arbitration court - the Krasnodar Regional Court court of a public organization at the Autonomous Non-Profit Organization “Center for Consultation and Law” and that this organization gave me this certificate. Even my provision of a package of documents did not have any effect on these “servants of the law”, since their goal, as it seemed to me, was not to understand the situation by checking the documents, but to receive their reward from me, and then let me go with a calm soul. But this resolution of the situation did not suit me, so I demanded either to let me go or to document everything that was happening, but assured them that I would complain and ask to punish these employees for exceeding their authority and not complying with professional ethics. After which a protocol was drawn up for the seizure of things and documents with the presence of witnesses, according to which my ID No. 84374 was confiscated. Then the traffic police officer who stopped me and conducted the interrogation, senior police lieutenant Popov Eduard Viktorovich, quickly tried to draw up a resolution in the case of an administrative offense in which he indicated the reason stopping my car without fastening my seat belts while driving. I refuted this statement of the traffic police inspector, after which he immediately called two of his fellow traffic police inspectors on the radio, who were not even nearby when my car was stopped, so that they would confirm in the protocol my offense, which they allegedly personally observed. When I suggested calling a witness who was in my car, they just grinned. Then, accompanied by a traffic police patrol car, I was taken to the Azovsky municipal district, where after talking with the investigator and providing him with an explanatory note, as well as all the legal documents, I was released. The management of the Autonomous Non-Profit Organization “Center for Consultation and Law” contacted the investigator and provided all the documents requested by the investigator. No examination was carried out, but some research carried out by the investigator established that it was impossible to compare this certificate with any other certificate, since there was no such sample. But none of this prevented investigator S.S. Afanasyeva. 02.11.2015 initiate a criminal case against me under Part 3 of Art. 327 of the Criminal Code of the Russian Federation. The next day, I and the founder of the Autonomous Non-Profit Organization “Center for Consultation and Law” went to the investigator S.S. Afanasyeva. to find out the reasons for the current situation. Having talked with the investigator S.S. Afanasyeva, it became clear to us from her words that she was already ready to write a refusal on this material, since we provided her with all the necessary grounds for this, but the deputy prosecutor of the interdistrict Azov prosecutor’s office Sergey Lvovich Dadayan personally gave instructions to initiate criminal proceedings against me. We tried to get an appointment with Dadayan S.L. to explain and provide information that may not have reached him, but he flatly refused to accept us and communicate with us. My next step was to try to contact the Investigative Committee for the city of Azov. But even there I did not find understanding. Not finding protection for my civil rights in the RF IC, I filed a complaint with the Azov City Court about the illegal initiation of a criminal case. But the Azov City Court recognized the initiation of a criminal case as legal, and also referred to the fact that they do not have the legal authority to influence the pre-trial proceedings of a criminal case. Complaints sent to the court of appeal and the court of cassation also remained unsatisfied.
Over the course of 5-7 months, I appealed to both the Administration of the President of the Russian Federation and the Prosecutor General's Office of the Russian Federation, but the result of these appeals was that the investigator, ten months after the start of this whole ridiculous story, collected a file, familiarized me with the materials of this case, and handed it over them to the Azov interdistrict prosecutor's office, where, of course, the indictment was approved. The most offensive thing is that none of these representatives of either law enforcement agencies or the prosecutor’s office even wanted to look into this matter. The basis for criminal prosecution on their part against me is a report from a traffic police officer who found in my wallet a certificate that says that I am a judge of the Krasnodar Regional Court, and there is also a certificate from the Krasnodar Regional Court of General Jurisdiction stating that I am not judge of the Krasnodar Regional Court of General Jurisdiction. But none of them, let’s say, noticed on the cover the inscription Arbitration Court of the Krasnodar Territory, and in response to my proposal to send a request specifically to the Arbitration Court of the Krasnodar Territory and get information about whether they have a permanent arbitration court registered with them - the Krasnodar Regional Court of a public organization at The autonomous non-profit organization "Center for Consultation and Law", although this information is available on the official website of the Arbitration Court of the Krasnodar Territory (in the list of permanent arbitration courts - number 135), received the answer that they do not need this information. And if an examination had also been carried out, then the expert report would have indicated a complete discrepancy between both the visual design and the content of my certificate with the certificate of a judge of general jurisdiction. But they don't need that. Then the question immediately arises, what is the point of their work, if it is not the protection of the rights and freedoms of citizens of the Russian Federation, who work every day, pay taxes, from which, in fact, they, the “would-be defenders,” receive their salaries.
I immediately outlined to all the “organizers of this illegal criminal prosecution” my position that I was not guilty of anything, and my actions did not constitute a crime, therefore I would not negotiate with anyone and demanded an end to the illegal prosecution. But since the case has come to court, I will defend my innocence and rightness in court. Of course, it’s offensive in your own country to prove that “you are not a camel,” but it’s even more offensive to understand that this can happen “out of nowhere” to each of us, in our country, which we love and which we value so much, and this is a gathering “pseudo guardians of the law” are doing everything to make us hate her, because they hide behind the laws of the RUSSIAN FEDERATION, and they mockingly show us that the interpretation of these laws will only be in their version.
But they won’t succeed, they will rot in their self-interest and greed, but the truth will still triumph, you just have to believe and fight for it to the bitter end!!!
It’s just a pity that there is no support from our state...
What does Article 327 of the Criminal Code of the Russian Federation say? Forgery of documents
Under Article 327 on falsification of documents, one can be held accountable only for the production for personal use, presentation or sale of:
- strict reporting forms or standard unprotected forms from various departments;
- stamps and seals;
- certificates and other documents confirming the identity or status of the bearer;
- state awards of Russia, the RSFSR or the USSR. Sanctions do not apply to foreign awards and other products.
Note! Not only the production, but also the fact of presenting a forgery at the place of demand is punished if the bearer knew about the invalidity of the document.
Ways to bring to justice
If a forgery is detected, the police conduct a preliminary investigation and initiate a criminal case based on the revealed fact. Law enforcement officers can prosecute for falsification on the basis of:
- examinations that will prove the forgery of a signature, seal or the entire document;
- identifying the manufacturer, establishing the fact of transfer of counterfeit papers and seals;
- establishing the fact of using a forged document to obtain additional rights or get rid of obligations.
If a citizen was a victim of deception and did not know about the invalidity of the document, he will not bear responsibility for using a fake.
Criminal liability
Any person over 16 years of age may be held liable for forgery of documents and their use. In this case, his criminal intent must be proven. For example, that the candidate submitted a falsified diploma to the personnel department in order to occupy a position for which his real qualifications are insufficient.
Criminal intent is considered to be obtaining privileges and benefits that are not due to a person, and evading responsibility. For example, if a young man of military age buys a military ID to avoid military service.
What is the punishment for forgery of documents under Article 327 of the Criminal Code of the Russian Federation?
The sanction of the first part of this article provides for punishment for the manufacturer or seller of counterfeit “crusts”, awards and forms in the form of:
- forced labor or restriction of freedom for up to 2 years;
- arrest for six months;
- imprisonment for up to 2 years.
If the counterfeit was made for the implementation of another crime, the possible period of restriction or imprisonment increases to 4 years.
The bearer of a knowingly forged document will be sentenced to:
- a fine in the amount of up to 80,000 rubles or six months’ income;
- compulsory or correctional labor;
- arrest for up to six months.
