Hello, it turned out in life that in 2014 he was prosecuted, the district court dismissed this case in connection with active repentance.
On July 24, 2015, a verdict was passed, but was released under an amnesty in the courtroom with the removal of a criminal record.
In essence, I do not judge, but I can’t get a job in government tax.
How can I appeal the order of the Ministry of Internal Affairs to the Constitutional Court on exclusion from the base of the Information Center and declare it contrary to the Constitution?
It is not possible to delete criminal record information. The removal of criminal record information from the SIAC of the Russian Federation is provided only on rehabilitative grounds.
Hello hello Unfortunately, it is impossible to remove such information, it is a specialized base on which our bodies work. You can appeal, of course, the right to such a decision, but it will not give you any results, such cases are not provided for in the legislation.
Hello, dear Alexander! You have the right to appeal any actions of any officials and any government agencies.
Unfortunately, it is unlikely that it will be possible to obtain a positive result of the consideration of such a complaint, since the Constitutional Court of the Russian Federation has repeatedly noted that the provisions of paragraphs 1, 3, 8 of Article 17 of the Police Act, securing its right to process data on persons who are or have been prosecuted, and store the specified data in order to fulfill the functions entrusted to it in protecting the rights and freedoms of citizens, ensuring the rule of law and public safety, considered in conjunction with other provisions By the provisions of this Federal Law, they cannot be regarded as violating the constitutional rights of citizens.
Good luck! Which document to dispute is up to you. If more detailed consultation is required, please contact my email. address.
I would be grateful for the assessment of the answer. Sincerely, [email protected]
Unfortunately, now the current legislation provides for the possibility of deleting information about the fact of criminal prosecution as a defendant only on rehabilitating grounds. The easiest way to achieve this is through a review of the case on newly discovered circumstances. You can also do otherwise and receive a written refusal of the tax authorities in employment, and then appeal it through a court.
In order for the data on your involvement to be deleted when attracted on non-rehabilitating grounds, it is necessary to demand in the Constitutional Court not only the cancellation, as contrary to the Constitution of the Russian Federation, of the Order of the Ministry of Internal Affairs of Russia of November 7, 2011 No. 1121, but also to cancel the provisions of Art. 17 of the Federal Law No. 3-F3 "On Police", Art. 3, Art. 4, Art. 9 of the Federal Law of July 27, 2006 No. 152-ФЗ "On Personal Data", Clause 12 of the Decree of the President of the Russian Federation dated 01.03.2011 No. 248 "Issues of the Ministry of Internal Affairs of the Russian Federation" (together with the "Regulation on the Ministry of Internal Affairs of the Russian Federation" ), Art. 84 of the Criminal Code and this is only at first glance.
In fact, the legislation that will need to be repealed will be even greater. Therefore, it is possible to file a complaint with the Constitutional Court, but the preparation of such a case and the identification of all contradictions will take years. Just one order of the Ministry of Internal Affairs of the Russian Federation will not be canceled, since this will not change its relationship with other legislation.
You should hire a lawyer.
He will draw up a statement to the Constitutional Court of the Russian Federation.
It doesn’t get easier - this is how to ask the surgeon "How to carry out abdominal surgery on me"?
The right to appeal to the court is guaranteed by law: the reason for considering a case in the Constitutional Court of the Russian Federation is to appeal to the Constitutional Court of the Russian Federation in the form of a request, petition or complaint that meets the requirements of this Federal Constitutional Law.
Hello, dear Alexander!
If the authorized head of the body of the Federal Tax Service of Russia denied you written acceptance for employment, then you have the right to appeal such a denial to the city court in accordance with Art. 19 CAS RF. If your admission to the service is refused solely with reference to the fact that you committed the crimes specified in the certificate of the Information Center of the Ministry of Internal Affairs for the Republic of Sakha (Yakutia), then you have a real opportunity to win this dispute for the following reason.
In accordance with Art. 37 of the Constitution of the Russian Federation labor is free. Everyone has the right to freely dispose of their abilities to work, to choose their occupation and profession.
In accordance with paragraph. 2 h. 1 Article. 16 of the Federal Law of July 27, 2004 N 79-ФЗ "On the State Civil Service of the Russian Federation" a citizen cannot be accepted into the civil service, and a civil servant cannot be in the civil service if he is sentenced to punishment, which excludes the possibility of performing official duties for posts of public service (civil service), by a court verdict that has entered into legal force, as well as in the case of a conviction not withdrawn or not canceled in accordance with the federal law.
In this norm, there are other reasons that exclude the possibility of applying for a civil service, but you mentioned only one circumstance, therefore, I think that bringing the rest here is unnecessary. You do not belong to those who have a criminal record, nor to those who are hindered for the service by the sentence imposed by the court verdict that has entered into force.
That is, the information center certificate does not contain information that can be used to refuse to accept you for the state civil service, including the Federal Tax Service of Russia.
As for the appeal of the order of the Ministry of Internal Affairs of Russia, which regulates the procedures for the formation of data banks of citizens, etc., I will say the following about this.
In accordance with Art. 125 of the Constitution of the Russian Federation The Constitutional Court of the Russian Federation resolves cases of compliance with the Constitution of the Russian Federation of federal laws, regulatory acts of the President of the Russian Federation, Council of Federation, State Duma, Government of the Russian Federation, constitutions of republics, charters, as well as laws and other regulatory acts of constituent entities of the Russian Federation, treaties between bodies State power of the Russian Federation and public authorities of the constituent entities of the Russian Federation, agreements between public authorities of constituent entities of the Ro sian Federation, have not entered into force of international treaties of the Russian Federation.
As you can see, cases of compliance with the Constitution of the Russian Federation of regulatory legal acts of the executive authorities of the Russian Federation, which include the order of the Ministry of Internal Affairs of Russia, are not within the competence of the Constitutional Court of the Russian Federation.
Such cases fall within the competence of the Supreme Court of the Russian Federation, as follows from Art. 21 CAS RF. As regards the maintenance of data banks of citizens who have committed crimes, this order cannot be illegal, since the authority to maintain such data banks and to process personal police data has been granted by the Federal Law "On Police".
In accordance with Part 1 of Art. 24 of the Constitution of the Russian Federation, the collection, storage, use and dissemination of information about a person’s private life without his consent is not allowed. However, according to Part 3 of Art. 55 of the Constitution of the Russian Federation, the rights and freedoms of man and citizen may be limited by federal law only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure national defense and state security
In accordance with Art. 17 of the Federal Law "On Police", the police have the right to process data on citizens necessary to fulfill their duties, with the subsequent inclusion of the information received in the data banks on citizens (hereinafter - the data banks). The following information shall be entered in the data banks:
1) on persons suspected or accused of committing a crime,
2) on persons convicted of a crime,
3) on persons who have committed a crime or socially dangerous act and in respect of whom compulsory medical measures have been applied by a court,
4) on persons in respect of whom a decision has been made to terminate criminal prosecution after the statute of limitations has expired, in connection with the reconciliation of the parties, as a result of the amnesty act, in connection with active repentance,
5) on minors released from criminal liability or released by the court from punishment with the use of compulsory educational measures, on minors who have committed offenses and (or) antisocial actions, on their parents or other legal representatives who do not fulfill their duties of education, training and (or) the maintenance of children and (or) negatively affecting their behavior or mistreating them,
6) on persons in respect of whom, before the sentence entered into force, an act of pardon or an act of amnesty was released, exempting from punishment,
as well as other categories of persons.
As you can see, you fall into several categories of such individuals.
In accordance with Part 1 of Art. 1 of the Federal Law "On Police", the police is designed to protect the life, health, rights and freedoms of citizens of the Russian Federation, foreign citizens, stateless persons (hereinafter also - citizens, persons), to combat crime, to protect public order, property and to ensure public security.
Thus, the norms of Art. 17 of the Federal Law "On Police" comply with the provisions of Art. 24 and 55 of the Constitution of the Russian Federation, and although these provisions of the law can be challenged in the Constitutional Court of the Russian Federation, I believe that there is no real prospect for this case. I consider the prospect of appealing the order of the Ministry of Internal Affairs of Russia to the Supreme Court of the Russian Federation to be similar.
How to ruin a criminal case?
Criminal proceedings are instituted in cases when statements, confessions, decisions of a prosecutor or reports of crimes from other sources are received by law enforcement agencies. Even an anonymous message can be taken into account. At the same time, the responsible persons check whether the event occurred, whether it is a crime, whether the statute of limitations has expired and if the signs of the crime are established, a criminal case is instituted against both a specific person and an unknown suspect. Up to 3 are given for verification, in exceptional cases - up to 10 days, or if it is necessary to send requests or conduct expert examinations - 30 days by decision of the head of the investigative body. Naturally, every non-pleading suspect is looking for ways to ruin a criminal case.
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Excited business - what to do?
The initiation of a criminal case against a person means the beginning of criminal prosecution and criminal prosecution.
- First, the case is investigated in the internal affairs bodies, and the investigator evaluates the evidence and evidence found.
- Then the materials are transferred to the prosecutor's office, where the completeness of the investigation is checked and the case is either referred to the court or returned to an additional investigation.
- And only after that court hearings are held.
At each of these stages, the case may stop or even stop completely, especially when the evidence is contradictory, and there is an unremovable doubt about the guilt of the accused.
In everyday speech and slang, both by investigators and a number of lawyers, the termination of criminal prosecution is often called "ruin the case." The phrase “He will ruin our business!” Was heard, apparently, by almost everyone who had close contact with law enforcement officials and the appeal “he” was most often referred to a lawyer. In most cases, on the part of the defense, these are completely legitimate actions aimed at identifying abuses, inaccuracies and false evidence.
What does it mean to "ruin the matter"
The slang term “ruin the case” refers to the termination of a criminal case for rehabilitating circumstances, because even with the reconciliation of the parties or amnesty (non-rehabilitating grounds), a person formally becomes guilty without a court and blurs his biography by the fact of criminal prosecution, even without a criminal record.
But even with a non-rehabilitating termination of the case, in any case, the time and costs of investigative and judicial proceedings are reduced.
A person is considered innocent, i.e. is subject to rehabilitation if it is established that:
- there was no crime event
- his actions are not a crime and do not form its composition,
- the specified person is not related to the crime, that is, not involved in its commission.
When the evidence clearly testifies in favor of the defendant, the public prosecutor in the process refuses the charge, without bringing the case to a verdict of not guilty. The sentencing has far more serious consequences for the investigation, and leaves the right to receive compensation for the defendant. This is a typical example of how to ruin a criminal case thanks to qualified legal assistance.
It is believed that a good lawyer can ruin any business, from which some are purposefully looking for just such a thing. However, even many very rich people with billions in billions can sometimes not escape not only charges, but even prisons. Maybe it's not about choosing a lawyer?
Acquaintance with the case is the key to successful protection
The accused and his counsel may familiarize themselves with the materials of the criminal case after conducting a preliminary investigation during the transfer to the prosecutor, not counting the fact that they have the right to familiarize themselves with many materials of the case and during the investigation. The law allows you to read documents and study material evidence for a lawyer and his client both jointly and separately.
In the process of familiarization, it is allowed to make extracts, copy materials at your own expense, for example, photographing them or scanning them on your own scanner. As a matter of fact, up to this point, the defense side is not fully aware of what the prosecution is based on; after reading the evidence, the lawyer can already purposefully select arguments in favor of the defendant, building the tactics of the “battle” in court.
Real methods of collapse: the exclusion of evidence and the presentation of new
After reviewing the case, you can apply for the exclusion or addition of evidence, as well as for additional witnesses. Petitions must be filed prior to the examination of the case on the merits and are heard at a preliminary hearing in court. What has already been found by a lawyer, sometimes it makes sense to attach to the case right away, if there is a possibility that the prosecutor’s office on this basis could return the case for further investigation, which would entail the removal of charges from the person. The exclusion of key evidence is a sure way to ruin a case in criminal proceedings before a trial.
A petition is a common name for appeals of participants in a process to the person who is currently in possession of a criminal case (investigator, prosecutor, investigator, court). He can be filed by both the accused and his lawyer. The text should be composed as competently as possible from a linguistic and legal point of view, since illiteracy, of course, cannot cause a refusal to consider it, but it will significantly change the perception of what is stated.
What can a lawyer do during a preliminary investigation to “ruin” a case on an unlawful charge:
- be present during interrogations. This significantly reduces the chances of falling under the influence of an investigator more sophisticated in legal and psychological intricacies, not to mention the unacceptable methods of work, sometimes used by the police without restriction. And by the way - the chances of ruining the case at the investigation stage are much simpler and more real,
- to meet with the client in private. Sometimes this can be important not only procedurally, but also psychologically - the principal can talk it out, tell the lawyer everything as it is,
- monitor conditions of detention. Of course, the lawyer will not be allowed into the cell, but the principal can identify the existing problems. And he will already be looking for options on how to improve conditions or take measures to release him from custody, declaring that the preventive measure has been changed to a softer one, i.e. if possible release the client from custody,
- to collect evidence proving the innocence of the client or helping to mitigate his guilt. A lawyer has fewer opportunities than law enforcement agencies, but more than ordinary citizens and those held accountable.
Lawyer is not a magician
When inviting a lawyer for defense, it is important to remember that he does not possess miraculous tricks and will not be able to ruin the case with the click of a finger. Especially if the evidence base for which is generally objective and does not speak in favor of the client. Aware of the crime itself, you should not demand miracles from the lawyer - he will take all measures to establish possible errors in the investigation, which will play a good service even if there is guilt, but if there is real and recognized guilt and involvement in the crime, it’s very difficult to “ruin” the case and very problematic.
Однако это не является основанием для отказа от адвоката, помощь которого может быть и не освободит вас от уголовной ответственности совсем, но поможет выйти из неприятной ситуации с минимальными потерями.
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