The Registrar

                                                                              от Кирюхина Сергея Ивановича, прож.

                                                             462404 г.Орск ул.Горького,20 кв.1 

                                                            в защиту интересов г-на Петрова Виталия

                                                            Сергеевича

Objection to Russian authorities' Memorandum

Russian authorities' Memorandum № 14-1371-09 from 03.09.09 is the attempt to hide the obvious breach p.8 of Convention about the human rights and general freedoms as regards mr. Petrov V.S.

The search in his apartment was carried out with the aim of frightening and obtaining the comprising materials on the person, whose complain 7061/02 to the moment of carrying obviously illegal inquiry actions was made by the Russian authorities.

With the help of compromising materials the authorities tried to make Petrov V.S. to refuse from the complain to touch the important law questions.

So, in p.2 and 3 of Memorandum is pointed that inquiry had enough facts about the book - keeping documents and stamps that could be in the flat № 19 and 20 in the house № 14 on L.Komsomol street in Orsk. These documents concerned the OOO "Volna" and mr. Kiryukhin S.I. visited many times mr. Petrov V.S. in this flat. Though this information was intentionally false, because in this moment of obviously illegal instituting proceeding against me, Kiryukhin S.I. by the order  of public prosecutor's department all OOO "Volna" book-keeping documents were in the hands operative-searching department. They manufactured this case against me. Either in book-keeping or in taxation documents the Petrov's name was absent (look complain № 9948/5 dossier Kiryukhin v. Russia).

Really according the order from 27.08.04 Orsk Lenin region's court sanctioned the search in the mr. Petrov V.S. apartment. However by way of evidence of search reasons in the case figures only the report of former militiaman of operative-searching department Goncharuck S.A. In his report there is information about Kiryukhin S.I. who repeatedly visited mr. Petrov V.S. in this address. That why in his office of the legal advice bureau ostensibly there were the documents, concerning the OOO "Volna" activities.

By the way, in 2004 me, Kiryukhin S.I., visited the Orsk department of Federal Service of Independence building by the illegal operative actions fact, concerning with one militiaman private interests, who helped to his neighbor. I visited the Orsk Department of Internal Affairs office, local authorities, and the apartments of many clients, the courts buildings, the militia and others. But in these places there were no searches. These facts testify that the incompetent operation representatives from the operative - searching office of the Fight with Economic Criminals falsified against me the criminal case. They had the task to search the comprising materials as regards mr. Petrov V.S., whose complain to that moment had obvious chance on the success in European Court on Human Rights.

As for my conviction, on many paragraphs of Criminal Code of Russian Federation, I can to report, that all these criminal cases have been falsified by the Russian special services. The criminal process in Russia has the torture character because the flagrant injustice of the hearings. The last one was caused the fact, that the active criminal-proceeding code accepts the jury in most hearings. All unjust court verdicts have become possible because discriminative character of the Russian legislation. The jury is not provided in quality inevitable even on all criminal cases, but it is possible only in very narrow circle (the facts of the crime on last those look at p.2, p.2, p.29; p.3, p.31 of Criminal-Proceeding Code of Russian Federation). In connection with it on the judges of any level easily exerted the pressure by corruption, the representatives of executive power or the higher court bodies and officials.

So, either mr. Petrov V.S. or me, Kiryukhin S.I., have become the victims of the breach - part 1, p.6 of the Convention about the Human Rights and the General Freedoms inasmuch as owing to discriminative character of the Criminal-Proceeding Code of Russian Federation were deprived of the right to have independent fair and impartial courts. That is why our reasons were ignored that provoked and provoke now very strong suffering of the claimant.

The world juridical practice produced the principle, according which the jury in first and appeal instant is able in reasonable terms to impose the final verdict corresponding to domestic and international law. The opposite situation carries to the total dependence of the court upon the authorities and the pressure of corruption since the judge in any case depends upon the executive power even because it pays him money. In the same time the members of jury are not connected with the executive power and are independent in this part. Exactly they have to decide whether a defender, tried by a judge, is guilty or not. And the judge has to support the order in hearings and to impose the sentence in a case of owning the individual guilty. Consequently, as the result of the process, so and it itself in respect of me and the pretender with its flagrant injustice turned out to be under the action of precedent Aksoy (Aksoy against Turkey. The court sentence from 18.12.1996). In connection with it is impossible to apply the principle of domination the law over the Russian court sentences (look the complain № 9948/05 Kiryukhin in Russia dossier).

The Russian authorities must pay to mr. Petrov V.S. the sum equal 3000 Euro, that justly will compensate the moral and material harm, done with disrespect to the private and family life, and so to sanctity of the home. Besides, I ask to pay pretender representation in the Court, since he has no means for it owing to his status of pensioner: the under-age baby is dependent on him.

                                                         07.07.09 ________________