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Case number 3/10-74/10

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RULING
Moscow, May 18, 2010
Savyolovsky district court of Moscow chaired by the presiding judge Tsyplakova E.N.,
with participation of assistant of Savyolovsky inter-district prosecutor of Moscow Kuplensky A.I.,
representative of citizen Helmer J. – Kuznetsov O.B.,
with secretary Antonova E.N.,

Having examined in an open court sitting the appeal filed by Kuznetsov O.B., representative of Helmer J. in accordance with Article 125 of the Criminal Procedure Code of Russia,

HAS FOUND THE FOLLOWING:
The applicant went to court with an appeal against the ruling by the senior district authorized operative of the OVD of the Khoroshevsky district of Moscow Yudenkov A.N. dated January 05, 2010 not to open the criminal case in response to his application dated December 28, 2009 about danger to his life from unknown persons.

The applicant motivates his appeal by saying that the above mentioned ruling does not contain information as to the possibility and order of appealing it. Moreover, the ruling is not motivated, it contains contradictions with the applicant’s explanations, and in this connection the applicant asks to find the ruling unlawful and inconsistent.

During the court sitting the applicant affirmed the arguments and demands of the appeal.

The prosecutor participating at the examination of the appeal pointed at consistency of the refusal to open the criminal case, whereas agreeing with the demand of the applicant to nullify the ruling claiming that it is not motivated.

Having reviewed the appeal, having heard the arguments of the applicant and the prosecutor, having checked the materials of examination of KUSP number 109916 dated December 28, 2009 on Helmer’s application about danger to his life from unknown persons, the court understands that:

On December 28, 2009 US citizen John Helmer filed an application to the OVD of the Khoroshevsky district of Moscow in which he points at danger to his life from unknown persons, to whom he asks to apply corresponding measures.

In course of examination of the identified application the senior district authorized operative of the OVD of the Khoroshevsky district of Moscow Yudenkov A.N. took explanations from the persons who, Helmer believes, threaten his life, and examined the car in which the identified persons were located. During the examination of the car six A4 sheets of paper with information about citizen Helmer were seized.
As a result of the examination by the senior district authorized operative Yudenkov A.N. ruled not to open the criminal case based on item 1 part 1 of Article 24 of the Criminal Procedure Code of Russia.

The court finds inconsistent the arguments of the applicant that he was not given explanation of his right to appeal against the ruling, because the ruling contains the guidance to the possibility and order of appeal.

At the same time, missing from the ruling are the reasons for the refusal to open the criminal case and the arguments which brought the authorized operative to the conclusion of absence of a criminal act.

In presence of contradictions in explanations given by the persons interrogated during the examination, the person who produced the ruling did not evaluate their explanations and the objects seized during the examination of the car.

Therefore, the check over the application by citizen Helmer dated December 28, 2009 about crime committed by unknown persons was not carried out to the full extent, the findings of the authorized operative about absence of a criminal act are premature, in which connection the ruling being appealed cannot be found lawful and consistent, and should be nullified, and the appeal be sustained.

On the basis of the above stated and in compliance with Article 125 of the Criminal Procedure Code of Russia,

RULED THAT:
Appeal by the representative of citizen Helmer J. – Kuznetsov O.B. be sustained.

Find unlawful and inconsistent the ruling by the senior district authorized operative of the OVD of the Khoroshevsky district of Moscow Yudenkov A.N. dated January 05, 2010 about refusal to open the criminal case by the result of the examination of KUSP number 109916 dated December 28, 2009.

Compel the head of the OD OVD of the Savyolovsky district of Moscow to correct the mentioned violations.

The present ruling can be appealed in Moscow city court within 10 days from the date of its issuance.

Judge (signature)

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