As Kommersant knew, the deputy general prosecutor, the member of the Supreme council of justice RENAT KUZMIN suggests to limit judicial inviolability. He addressed with the open letter containing a request to take such legislative initiative, to the president Victor Yushchenko, the prime minister - to the minister Yulia Timoshenko and the chairman of the Verkhovna Rada Vladimir Litvin. About the reasons which have forced it to take such step, the deputy public prosecutor told the special correspondent of Kommersant ELENA GEDA.
- Than the necessity to address to the president, the prime minister, the speaker, People's Deputies with a request for restriction of judicial inviolability was caused?
- The negative tendency which extended among representatives of the judicial case forced to address to them me. Now some judges, using the inviolability, commit serious crimes, but to make them responsible extremely difficult. We have many such facts. For example, on May 22 this year after 22.00 chairman of Kakhovsky interdistrict court Kryukovsky, having got drunk, I took the machine gun and I started shooting relatives. Two persons, including the child suffered. Thus it is impossible to detain the presiding judge, to deliver him in militia, the weapon can't be selected, it is impossible to arrest too - it has after all a judicial inviolability! Criminal case, and other judge the resolution on initiation of proceedings is brought cancels.
Or here other example - the chairman of the Nikolaev appellate economic court Koval got a false idea that judicial system - the place of work privatized by it. For bribe transfer it appointed a place in park, at night. Field investigators ran behind it as behind a ghost, on the wood, and it under way scattered money. Till the morning collected. It from a position it cynically ignored the resolution of the investigator on discharge.A few days ago the Verkhovna Rada agreed to detention, and we at last - that arrested it. But after all we more than half a year went on judicial instances and tried to prove that the judge Koval has to sit on a dock, and judges cancelled resolutions on excitement concerning it criminal cases.
The chairman of Makarovsky district court of Kiev region Dzyuba illegally condemned to imprisonment of the teenager who for the period of commission of the act incriminated to it didn't reach age from which criminal liability is possible. Thus, the child carried out in places of imprisonment of 14 months. At the same time corporate ethics became a barrier to the investigator who investigated criminal case about the perfect judge Dzyuboy of office negligence, again - according to its complaint the court cancelled the resolution on excitement concerning it criminal case.
At some the judge inviolability generated feeling of absolute power and the impunity, turned trial in the farce which helps directors of this farce to be enriched. Not to get to imprisonment places, the defendant was compelled to give to the judge of Miner's gorrayonny court of Donetsk region Shevchenko a bribe of $2,5 thousand. To the defendant of softer punishment the judge of Hartsyzsky city court Nosovskaya received $8 thousand for appointment. The judge of the Dzerzhinsk city court of Donetsk region Tyurin got bribes for the sum of 45 thousand UAH for pronouncement of decisions not only on criminal, but also on administrative affairs. Here such justice!
- All now speak about two judges - Kovale and Zvaryche (the chairman of the Lvov administrative appellate court Igor Zvarych. -Kommersant). Whether there is at you in development still someone from representatives of the judicial case?
- We put the hidden video camera in an office of the chairman of Arbuzinsky district court of the Nikolaev area Pampura and recorded more than 100 facts of receiving bribes. And as a result - neither to detain, nor it is impossible to arrest. Now it in general is wanted - ran away.
And this cheerful company of judges in the Lvov area, you remember them "a press - conference in cloaks"? It in general unprecedented case. From 14 judges who enter the staff of court (The Lvov administrative appellate court. - Ъ) 11 are fulfilled by us on participation in commission of the crimes connected with corruption acts. At nine judges searches are carried out.And when we at last - that received the decision of the Verkhovna Rada on consent on detention of this judge (Igor Zvarycha. - Ъ) it gathered and ran away. Also we will eternally look for it now, apparently. Same shame! Tell, for what to judges such unprecedented happiness - the inviolability, allowing to run away from the investigator?
About a moral aspect of this problem I in general am silent. We, except cartridges with records of bribery, transfer and a sharing of money, have some pornofilms which have been finished shooting by means of the operational camera in an office of the chairman of the Lvov administrative appellate court. The same abnormal phenomenon when the presiding judge affords in working hours at himself in an office to arrange sexual orgies. We received the same pornofilms as a result of documenting of bribery and in other vessels. That is in offices certain judges not only administer justice - they still take bribes and lead active sexual life with subordinates. And it is possible to make them responsible not always - very difficult procedure.
- In a word, you have no other exit, except how to call for restriction of judicial inviolability...
- Judicial inviolability has to be, but article of the law has to sound so: "Judges in a departure time of justice are inviolable". That is when the judge a name of the state administers justice when he in a court session considers case, is on duty, in a cloak, - he is inviolable, it sacred. But when the working day ended, the judge left an office, took in hand the machine gun and misbehaves on roads what here can be inviolability? Unless the drunk man with the machine gun, even with the judicial certificate in a pocket, can be inviolable? He is the ordinary criminal, instead of the judge, and has to be imprisoned.
- Everything is so serious, what you consider it as threat of national security?
- Today judicial authority is completely usurped by the chairman of the Supreme Court Vasily Onopenko, and we have a situation when any judge allocated with inviolability, can pass any illegal decision. For example, to cancel national elections in the country or to appoint them. The judge can oblige someone to go for work, and can oblige and not go. Why to conduct terrorist attacks if it is possible to carry out legal intervention with the same effect? It is possible to file a lawsuit the claim that the Minister of Defence and the chief of the General Staff are illegally appointed to positions.And to receive court definition which will forbid both to go for work before consideration of the claim for a being in providing the claim. Then the judge will go on hospital, then on leave, business will close in the safe, and the definition forbidding to the management of the ministry to go for work, will work. And as a result we without uniform shot will decapitate the Ministry of Defence.
As it is possible to arrive and with the president of the country, both with the prime minister, and with the general prosecutor - to submit the claim that they are appointed incorrectly, weren't so chosen, to suspend their powers.
- By your words, the decision of any district court it is possible to paralyze all government.
- Quite so. If tomorrow in the country there are presidential elections or the Verkhovna Rada, or still any elections, a judgment we will receive both the president, and the majority in the Verkhovna Rada. Courts recognize elections on one sites taken place, and on others - cancelled, on one sites part of percent will underestimate, by others - will overestimate. Also you can not doubt at all that judgments we will receive the new power, and the present democratic will be succeeded by such rigid dictatorship that won't seem a little. If someone one takes the power over militia, prosecutor's office and vessels, it will be the biggest threat for democracy in the state. If we don't stop today process of usurpation of judicial authority, in the country there will be a dictatorship, and it will be such rigid that stories about Brezhnev and times of stagnation will seem to us children's babble on a lawn.
- May you tell, what today judicial authority is under someone's control?
- Who at us the chairman of the Supreme Court? Mister Onopenko, representative of BYuT. And from what suddenly at us the representative of political party is the chairman of the Supreme Court? Why at us on a quota of any political force judges, prosecutors and militiamen are appointed? After all for anybody not a secret that Onopenko's "byutovets" possesses all completeness of the power in judicial system. The Supreme Court can cancel the decision of any court - from regional to appeal. Besides, Onopenko really influences congress of judges, it influences Judicial council which it is illegal, with abuse of authority, appropriated function of appointment of judges to administrative positions. Being the representative of BYuT, Vasily Onopenko is the conductor of will of this political force, as though it disappeared. Shouldn't be such that one branch of the power completely usurps powers in the country.After all today it is possible to receive a judgment which will oblige the Verkhovna Rada to adopt any law or the president - to sign this law. Today appeals to cancel the third round of presidential election are heard, and the legal model for this purpose really exists.
- And influence on judicial authority of other political forces or, for example, the secretariat of the president isn't felt?
- The secretariat of the president, as well as other political forces, maybe, certainly, tries to influence judges. But at the correct position and existence at the judge of conscience these attempts to anything won't lead. However now we have absolutely other situation: we will allow, there is an honest regional judge who won't make a custom-made, illegal decision, but on it always there will be an appellate or Supreme Court which can make everything with this decision that will like. It is possible after all to speak much on the third round of presidential election - after all there is a law and there is a judgment which is already executed. If to argue, being guided by the law, it will be one conversation, and here from a position of need of execution of a judgment - another.
- You really consider, there are bases to believe, what the decision on carrying out the third round of presidential elections of 2004 can be reconsidered?
- Legislative bases for this purpose are also opportunity such - too.