Supreme Court of Bashkiria upholds fine for Ufa lawyer for discrediting army
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Judge of the Supreme Court of Bashkiria Mullakhmet Akhmetov upheld solution Kirovsky District Court of Ufa, which found the Ufa lawyer Sergei Makarenko guilty of discrediting the armed forces of the Russian Federation (part 1 of article 20.3.3 of the Criminal Code of the Russian Federation) and fined 40 thousand rubles.
Sergei Makarenko was detained on March 7 at the intersection of Lenin and Kirov streets in Ufa, after approaching the traffic police crew, he showed a badge on his jacket with the inscription: “No to war.” The lawyer asked if he could wear the badge. The policeman replied that it was his own business. In the course of further dialogue, in which Sergei Makarenko criticized Russian President Vladimir Putin, traffic police officers called the patrol service, and the lawyer was detained.
In March, the Kirovsky District Court terminated the proceedings, failing to find any corpus delicti in the actions of Sergei Makarenko. In April, the Supreme Court of Bashkiria returned the case for a new trial following an appeal from the Prosecutor’s Office of the Kirovsky District.
Sergei Makarenko pleaded not guilty, asked that the decision of the appeal be canceled and the case dismissed. The accused, in particular, stated that in a conversation with the Interior Ministry officials he did not mention the words “army”, “special operation” or “commander-in-chief”, and criticized Vladimir Putin as president, referring to freedom of speech and the Constitution. He also stated that he considers the case politically motivated.
The decision of the Supreme Court surprised one of the defendant’s lawyers, Ramil Gizatullin. In a conversation with Kommersant, he noted that the judge did not take into account the fact that the three-month statute of limitations for bringing to justice for an offense had expired.
Sergei Makarenko intends to appeal the decision to the Sixth Cassation Court.
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