Bakiyev’s case forced to talk about the abolition of the pardon of the “Wagnerites”: is it possible

Only the Supreme Court can consider such a complaint.

The story of Ruslan Bakiyev, who is suspected of organizing the kidnapping of a child in Mytishchi near Moscow, can become a starting point for appealing the decrees on pardoning cruel criminals. We are talking about those who from the colony first ended up in the Wagner PMC, and then found themselves free, but pose a danger to society. In addition, this may affect the pardoned “Wagnerites”, against the presence of which the victims categorically oppose.

Ruslan Bakiyev, who received 24 years of special regime and served a sentence in the Samara region, was released very quickly. Earlier, the Supreme Court of the Russian Federation, as the last instance, approved Bakiev’s term of 24 years, and the type of regime – a special one.

But how kidnapper, could sign up for Wagner? It turns out that everything is simple. Only pedophiles were not taken as “musicians”. And since Bakiyev abducted children for the purpose not of sexual violence, but of profit, then formally he fits the criteria.

In general, in the special regime colony where he served his sentence, there are no and cannot be criminals with light articles. Only especially dangerous recidivists are placed there by a court decision. And when agitators from Wagner came to such colonies in 2022, there was no end to those who wanted to “wash away the guilt with blood”. No one particularly delved into the details of the crime, if among the imputed articles of the Criminal Code there were no “pedophile” ones. And now Bakiev was released six months later. Probably, the money earned was not enough for a while. Or maybe it’s a criminal habit (such people are bored to lead a respectable lifestyle).

But if Bakiyev was already taken at the scene of a new crime, then the rest of the potentially dangerous ones could be put under special control or even the decree on their pardon could be canceled. This is exactly what the mother of the brutally murdered and burned 18-year-old Yana Bolotnyuk Anna Aleksandrovna asks for – MK wrote about this story.

The main initiator of the crime against her daughter (it was he who, according to testimony, saw a beautiful girl at a bus stop in the evening and dragged her to a dark place) Yevgeny Tatarintsev will serve in Wagner and is now at large. The mother every day is afraid to meet him face to face on the street or in the store.

It is noteworthy that she received official answers to her inquiries: there is no provision for coordinating the issue of pardoning the convict with relatives and other persons.

Tatarintsev, who, according to the court, had to pay huge compensations for claims, did not transfer to his mother a single ruble from the money earned in Wagner PMC. But on this score, she received an answer from the Department for Pardons of the Office of the President of the Russian Federation for Ensuring the Constitutional Rights of Citizens. It says that a pardon does not provide for exemption from compensation for harm caused by a crime.

“Tell me, how can I live next to the man who brutally killed my daughter? Why should I go somewhere? Or should I not leave the house? – this is a quote from the appeal of Anna Bolotnyuk addressed to the Commissioner for Human Rights in Russia Tatyana Moskalkova.

She is not the only victim who opposes the pardoned “Wagnerites” being at large. If, moreover, they do not pay claims, lead an asocial lifestyle, then this, in theory, may be a reason to cancel the pardon. That is what Bolotnyuk is asking for.

An interesting nuance: the act of pardon, according to lawyers, is extrajudicial, since it is accepted without the participation of the court. However, it can be challenged in court. Only the Supreme Court of the Russian Federation can consider such a complaint. It was he who accepted and considered on the merits administrative statements of claim challenging the Decrees of the President of the Russian Federation “On pardoning those sentenced to death”. It was during the presidency of Boris Yeltsin. But we did not find any decisions to cancel the pardon. Perhaps a legal precedent will be set in our day.