Samara governor and State Duma deputy Khinshtein argued over an ex-judge

The governor of the Samara region, Dmitry Azarov, did not deprive the former chairman of the Sixth Court of Cassation, Alexander Efanov, of the title of honorary citizen of the region. State Duma deputy Alexander Khinshtein (United Russia) demands this. In May, Mr. Efanov was dismissed early after an inspection of the Prosecutor General’s Office initiated by a parliamentarian. Mr. Khinshtein insists that the ex-judge owns land that was privatized fraudulently. In his opinion, the ex-judge should lose not only his position, but also his “honorary citizenship.” When assigning this title, the governor only formalizes the results of the public discussion, and in addition, the law does not provide for a “reverse” procedure for this case, the governor replies.

Alexander Khinshtein published Dmitry Azarov’s response to a parliamentary request demanding that Alexander Efanov be deprived of the title of honorary citizen in his Telegram channel on October 4. It says that the award procedure “represents a complex multi-stage process, providing for broad public discussion of the proposed candidates,” as well as independent verdicts of the regional Public Chamber, the council of honorary citizens and veterans of the region. According to Dmitry Azarov, the state awards council makes a decision on awards collectively – by voting, and only after that it is signed by the governor, who “actually formalizes the results of the public discussion.” “The legislation of the Samara region does not provide for the possibility of depriving an honorary title awarded subject to compliance with all established procedures,” says Dmitry Azarov, adding that in the situation under consideration “all legal requirements have been fully complied with.”

Alexander Khinshtein notes that he “didn’t expect any other decision” from Dmitry Azarov. “Too close relationships have connected these people for many years. Even reputational costs do not frighten the head of the region: only the day before, together with Efanov, they were seen in the governor’s box at the stadium,” the deputy wrote.

Previously, Alexander Efanov lost his post amid an inspection of the Prosecutor General’s Office initiated by Alexander Khinshtein. The parliamentarian accuses the former judge of buying out at a reduced price a plot of land on Podzhabny Island, which, according to Mr. Khinshtein, was previously privatized in a fraudulent manner. At the end of August, privatization formed the basis of a criminal case for fraud initiated by the regional commander-in-chief of the Ministry of Internal Affairs against unidentified persons. The subject of the prosecutor’s investigation was also the fact that the judge rented a Toyota Sequoia car, purchased a Lexus car and a Breguet watch.

In May, the High Qualification Board of Judges (HQJC) determined that there was a disciplinary offense in the actions of Alexander Efanov and terminated his powers ahead of schedule. “I have not violated any law, neither civil, nor criminal, nor administrative,” the former chairman of the court disagrees with the verdict.

It is curious that Mr. Efanov was awarded the honorary title quite recently – in January, after the start of verifications and accusations by Alexander Khinshtein. The award was given to him “for his services to strengthening the rule of law, significant contribution to increasing the level of accessibility of the administration of justice, and protecting the rights and legitimate interests of citizens.”

The government of the Samara region does not comment on the situation. Kommersant was unable to contact Alexander Efanov.

Marina Zhirova, senior partner at the Yablokov and Partners law firm, says that the title of honorary citizen can be deprived only if the information that became the basis for its conferment is established to be unreliable. For committing “some kind of misdeeds or crimes that discredit the honor and dignity” – it is impossible, the lawyer summarizes. Partner of the firm “Rustam Kurmaev and Partners” Dmitry Gorbunov adds that deprivation of an honorary title can be applied as an additional type of punishment in the event of a guilty verdict in a criminal case (Article 45 of the Criminal Code of the Russian Federation).

Last year, a similar situation occurred with the ex-general director of the Progress RCC (part of Roscosmos), Alexander Kirilin, who was convicted of embezzlement. The government of the Samara region also refused to deprive him of the title of honorary citizen due to the lack of an appropriate legal mechanism. There were similar precedents in other regions. Thus, this year the title of honorary citizen of Miass (Chelyabinsk region) was lost to the former director of JSC Miass Machine-Building Plant (part of Roscosmos), Andrei Yurchikov, who was convicted of embezzlement. And in 2021, the Saratov City Duma stripped the former chairman of the region’s Public Chamber, Alexander Lando, of a similar title. The latter did not commit crimes: there were enough statements “incompatible with the title of honorary citizen” to the regional prosecutor Sergei Filipenko, deputy chairman of the regional Duma Alexei Antonov and the head of the chamber Boris Shinchuk. Mr. Lando tried to appeal this decision in court, but was unsuccessful.

Ani Ayvazyan, Samara; Andrey Prah