The central regional department of militia of the city of Nikolaev for the second time closed the criminal proceedings under article 171 of the Criminal code of Ukraine opened upon threats of physical violence to journalists the Internet - editions «Crime. Is NOT PRESENT» To Andrey Lokhmatov and Anatoly Chubachenko from outside «national combatant» Aleksandra Kiryanova.
We will remind as earlier it was reported, in the night of July 10 in Nikolaev on crossing of streets Pushkin and Makarova during trial between GAI and the driver of the car - the SUV «Range Rover» , which didn't stop on the requirement of inspectors, the drunk man tried to prevent to carry out shooting of a place of events to correspondents «Crime. Is NOT PRESENT» , thus threatening with physical violence.
- Listen, buddy. If I now give a hand, you leave at once on BSMP, understood? I do time silk–one left, two silk–the third left. Once again you will photograph, and I swear, I will creep, and you, with ** and, will light…Once again you will remove this for *** at from a lens, I to you will break this shukhlyadka on ***. I am responsible for the words…I to you repeat, I won't stand on ceremony, I you, with ** and, will break on ***, - Alexander Kiryanov who showed the certificate «shoutednational combatant» executive committee of the Nikolaev City Council addressed to Alexander Kiryanov.
To calm «combatant» , threatening to journalists, it was necessary to employees of the State traffic inspectorate. After that at the initiative of prosecutor's office of the city of Nikolaev on July 17, 2013 was the criminal proceedings are opened as regards 1 article 171 of the Criminal code of Ukraine (Deliberate preventing of lawful professional activity of the journalist).
Case is investigated in the Central regional department of militia of the city of Nikolaev where three investigators were engaged in already this production. In one and a half years of existence of this criminal case already for the second time it was closed–this time investigator Alexander Slobodyan.
Main reason of closing–the consequence established, obviously, according to Kiryanov that he had no intention to interfere with lawful professional activity of the journalist, and was only revolted that it is photographed by journalists without his consent.
«Kiryanov beganto askto stop video filming, but because Lokhmatov A.P. I didn't react to this request and I continued to remove that revolted Kiryanov A.A., the last approached the correspondent and tried to close a lens a cover, but at it it didn't turn out then because it without its consent continued to be removed, between Kiryanov and correspondents there was a verbal conflict, during which Kiryanov A.A.,without having direct intentionon preventing of lawful professional activity of journalists,it was only verbally expressed by obscene abuse towards correspondents and I didn't disturb video filming» , - it is told in the resolution on closing of criminal proceedings of the investigator Slobodyan.
Besides, on establishment of the investigator, during the conflict «Kiryanovactive psychological actionstowards journalists who would interfere with their lawful professional activity,I didn't apply».
Thus, in spite of the fact that the correspondent managed to press the button «record» on the camera also I removed all threats stated «combatant» Kiryanov, on video, the investigator of threats of physical violence for commission of professional activity of the journalist didn't see, and thus is independent, without court, made an assessment to Kiryanov's actions.
It should be noted that, according to article 307 of the Civil code of Ukraine if the person is on the street, at meeting, meeting or on other actions of public character and if the photo or video filming is carried out openly, the consent of the person to its shooting in that case is automatically allowed.
In addition, according to article 26 of the Law of Ukraine «About the press» , the journalist has the right for free collecting, use, distribution and saving of information, and also openly to make records, including with use of any technical means.
In comments to article 171 of the Criminal code of Ukraine it is said that it is necessary to understand any ways of influence on the journalist as preventing by the journalist of activity, for example, blackmail, intimidation or another, that is creation of different barriers, restrictions, a ban concerning receiving, uses, distribution or storages of information by the certain journalist or mass media.
It should be noted that Alexander Kiryanov began to state a set of threats of physical violence in case of continuation of performance of the lawful activity towards journalists after the certificate of the journalist Andrey Lokhmatov was provided to it. However, despite it, it consciously continued to threaten correspondents.
It is remarkable also that the resolution on closing of criminal proceedings is dated still on August 7 this year, however, despite article 55 Criminal Procedure Code of Ukraine guaranteeing the right to the victim in criminal case to receive copies of all procedural documents and the notice of the investigation course, the investigator Slobodyan decided not to report about the decision to close business of the victims, and provided the copy of the resolution only after journalists filed to it a petition with a request to provide documents.
Slobodyan refused obtaining case papers, having referred to that they are in prosecutor's office of the Central district of the city of Nikolaev «on check of validity of the made decision». That is, leaves that the prosecutor's office agrees on the decision of the investigator nearly 4 months.
To find out the reasons of the made decision, correspondents «Crime. Is NOT PRESENT» went for reception to the first deputy chief of the Central District Department of Internal Affairs of Nikolaev, the chief of investigative department who reported that the militia is adjusted this business to finish and already to show suspicion to Alexander Kiryanov in commission of this crime, however the procedural head, the prosecutor of the Central district, gave the oral instruction to the investigator to close criminal proceedings due to the lack of corpus delicti.
In prosecutor's office of the Central district of Nikolaev to the correspondent «Crime. Is NOT PRESENT» reported that the procedural head in these criminal proceedings is the prosecutor Victoria Priletskaya.