“TM DEFENCE Legal Services” Partner, Yana Brutman continues to run her blog on the web-site pravo.ru.
When I was a law student I used to discuss correlation of law and morality. I don’t exactly remember the results of our discussions but I remember that I always strongly believed in some moral rules like “don’t kill”, if contradicts then violation of law is its implementation. The defenders of this theory formulated the rule about spirit of the law, prevailing over its letter.
Along with this the events of the previous week, even the events of the last 13 years, make us wonder why the politics is over the law. More than half of bill drafts become laws when parliamentarians have enough time to press the button for the acceptance of this bill. Whatever the epithets for the Parliament it stays a legislative body of the state and continues pass the laws. Can the law cause absolutely negative emotion among its citizens, when they suppose that the laws were accepted by mad people. The last drop was last week in the Leninsky district of Kirov. For example, when the general prosecutor red all 30 vol. of the criminal case and he didn’t have any remarks or when the employees of the investigative committee conduct close investigation of this criminal case. But we are used to such work of the investigative bodies. We can’t demand blind following of the law from the side of the employees of the investigative bodies, when this person has to feed his children and follow the instructions of the higher management. The judicial system works even worse. I guess it shouldn’t even mention about law violation in the case of Navalny. Judge even doesn’t make any efforts to puzzle out the case. The case of Khodorkovsky is the bright example of this system, when his judge Danilkina goes on executing her judicial functions at the Khamovnichesky court of Moscow.
Such a juncture is one of the main problems of the modern Russia. Everubody understands political background in these criminal cases but still judges go on condemning harsh sentences.
Market system can’t function without fair independent judicial system. They can announce amnesty every month but as Anatoly Koni said the court must render justice but not services.