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7/31/2019 Lebedev Judgment Velsk 27 July 2011
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Case No. 4/18-167/2011
JUDGMENT
Town of Velsk 27 July 2011
Judge of the Velsk District Court of Arkhangelsk Oblast, N.M. Raspopov, with
the participation of:prosecutor of Velsk Rayon, S.P. Semenov, deputy prosecutor of Velsk Rayon, M.Yu.
Kozlov, convict P.L. Lebedev,
lawyers: E.L. Liptser, K.Ye. Rivkin, V.N. Krasnov, A.Ye. Miroshnichenko and L.I.
Vazerkina,
with secretary N.K. Barakshina,
and a representative of the FKU IK-14 of the UFSIN of Russia for Arkhangelsk
Oblast, A.N. Korsunsky,
considered lawyer E.L. Liptser's application for conditional early release of convict
Platon Leonidovich Lebedev, born 29 November 1956 in the city of Moscow.Having reviewed the submitted materials, questioned witnesses, heard the
lawyers, the convict and the representative of FKU IK-14 and listened to the opinion
of the prosecutors, the court
ESTABLISHED:
P.L. Lebedev was convicted and sentenced on 27 December 2010 by the
Khamovnichesky District Court of the city of Moscow ([the sentence was] amended
by a cassation ruling of the Judicial Collegium for Criminal Cases of the Moscow
City Court of 24 May 2011) under Art. 160 para. 4 CC RF (as amended by FederalLaw of 07 March 2011), Art. 174-1 para. 3 CC RF (as amended by Federal Law of 07
March 2011), with application of Art. 69 para. 3 and Art. 69 para. 5 CC RF, to 13
years of deprivation of liberty to be served in a general-regime correctional colony.
Prior to that, P.L. Lebedev had been sentenced on 16 May 2005 by the
Meshchansky District Court of the city of Moscow ([the sentence was] amended by acassation ruling of the Judicial Collegium for Criminal Cases of the Moscow City
Court of 22 September 2005) under Art. 147 para. 3 CC RSFSR, Art. 159 para. 3 (a)
and (b) CC RF (as amended by Federal Law of 13 June 1996), Art. 165 para. 3 (a)
CC RF (as amended by Federal Law of 08 December 2003), Art. 198 para. 2 CC RF(as amended by Federal Law of 08 December 2003), Art. 33 para. 3 and Art. 199
para. 2 (a) and (b) CC RF (as amended by Federal Law of 08 December 2003), andArt. 69 para. 3 CC RF to 8 years of deprivation of liberty to be served in a general-
regime correctional colony.
The sentence is counted from 8 February 2007, taking into account the sentence
served from 02 July 2003 to 08 February 2007.
In her application for conditional early release of convict P.L. Lebedev, lawyer
E.L. Liptser pointed out that The crimes imputed to P.L. Lebedev were grave,pursuant to Art. 79 para. 3 (b) CC RF, he became entitled to a conditional early
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release having served a half of the sentence prescribed by the court, that is on 2January 2010, the court needs to take into account the unique personal
characteristics of P.L. Lebedev and complex factual circumstances of this case. P.L.
Lebedev in fact spent seven years in the conditions of an investigative isolator,despite being sentenced to [the conditions of] general regime of serving his sentence.
P.L. Lebedev is the father of four children and has three grandchildren. P.L. Lebedevsuffers from several chronic diseases and currently requires proper medical
examination and treatment.
In the court hearing, lawyer E.L. Liptser supported the application on the
announced grounds, having pointed out the existence of an objective character
reference letter for the period when he was held in the investigative isolator of the
city of Moscow, absence of reprimands, and payment of claims.
Lawyer V.N. Krasnov supported the application and pointed out positive
character reference about P.L. Lebedev, the fact that he stopped being dangerous forthe public, that he, P.L. Lebedev, had the right to file an application for conditional
early release from serving his sentence, pointed out P.L. Lebedev's good-faith attitude
toward fulfilling his duties in case of application of the conditional early release by
the court.
Lawyer L.I. Vazerkina supported the application and noted the existence ofpositive character reference information, both from the family members and other
citizens heard by the court during the court hearing. Having pointed out the existence
of guaranteed possible jobs, should the court decide to release P.L. Lebedev
conditionally early, she pointed out the lack of objectivity of the character reference
submitted by FKU IK-14.
Lawyer Rivkin supported the application and pointed out that the claimsdecisions on which were made by courts have been almost completely repaid (both
with various pieces of property and with monetary funds).
Lawyer A.Ye. Miroshnichenko supported the application and pointed out the
lack of objectivity of the character reference submitted by FKU IK-14 and that the
non-admission of guilt by P.L. Lebedev cannot serve as a ground for the conclusionof the administration of FKU IK-14 concerning the denial of conditional early
release.
Convict P.L. Lebedev in the court hearing supported the application forconditional early release and pointed out the length of the time he spent in detention
facilities, the lack of communication with his family and relatives, and the worsening
of his health.
The representative of the correctional facility FKU IK-14 of the UFSIN of
Russia for Arkhangelsk Oblast, A.N. Korsunsky, explained that convict P.L. Lebedev
is characterized negatively in the detention facilities; throughout the entire period of
serving his sentence he committed violations of the established procedure of serving
one's sentence; he has a reprimand that has not been lifted or extinguished; he does
not take measures to pay the claims; the administration believes that the convict hasnot stepped onto the path of correction; the administration of FKU IK-14 does not
currently support his conditional early release.
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full: full or partial repayment of damage, remorse in relation to what has been done,
and other information demonstrating that the convict has been corrected.
In the opinion of the court, this other information should include: absence of
gross violations, good-faith attitude toward labour and duties during the period ofserving the prescribed sentence, and respectful attitude toward other convicts and
employees of the correctional system.
As follows from the character reference submitted by the institution in which
convict P.L. Lebedev is serving his sentence, a note about commendations andreprimands and the case file, P.L. Lebedev has been serving his sentence since 16
May 2005, crediting in the time of his detention from 02 July 2003. While being held
in SIZO-1 of the city of Moscow, from 16 May 2005 to October 2005 the convict
committed a violation of the established procedure of serving one's sentence for
which he was subjected to a reprimand in the form of placement into karzer
[punishment dungeon].In the period from 11 October 2005 to December 2006, convict P.L. Lebedev
served his sentence in institution IK-3 of the settlement of Kharp of Yamalo-
Nenetsky Autonomous Okrug, where he committed 7 violations of the established
procedure of serving one's sentence, mainly rude attitude toward other convicts. For
two violations he was not reprimanded; for three he was admonished; for twoviolations the convict was deemed to be a notorious offender and placed in ShIZO
[punishment block]. At the same time, it is noted that during that time convict P.L.
Lebedev had a job, had a good-faith attitude toward labour, participated in the site
improvement work, and attended educational events, although reacted to them
weakly. The convict did not react to counselling sessions, did not admit his guilt in
the committed crimes, believed the claims to be unlawful, maintained relations withboth good and bad convicts, and was cautious and distrustful toward representatives
of the administration of the correctional facility.
While serving his sentence in SIZO-1 of the city of Chita from 26 December
2006 to February 2009, convict P.L. Lebedev again committed 7 violations of the
established procedure of serving one's sentence, which were, among others, numerousviolations of the Fire Safety Rules and failure to comply with lawful demands of the
administration. For the violations committed the convict was subjected to punishment
in the form of admonition.Documents concerning the committed violations of the established procedure of
serving one's sentence are contained in the case file examined by the court. Those
violations also apply to the period when the convict was in FKU SIZO-1 of the
UFSIN of Russia's for the city of Moscow.
Currently, the aforementioned reprimands have been extinguished in the
established procedure.
Upon arrival on 16 June 2011 from the investigative isolator of the city of
Moscow to FKU IK-14 of the UFSIN of Russia for Arkhangelsk Oblast, while he was
still in the quarantine unit, convict P.L. Lebedev committed a violation of the
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established procedure of serving one's sentence which was revealed on 28 June 2011
and for which he was not subjected to a reprimand (he underwent a counselling
session).
The alleged reprimand for the violation of the established procedure of servingone's sentence in the form of an oral admonition announced to convict P.L. Lebedev
on 06.07.2011 by the acting head of the group, Major of Internal Service A.A.Plakan, is not regarded by the court as subject to taking into account in view of the
absence of evidence that A.A. Plakan was the acting head of the group as of the day
of making the decision to reprimand convict P.L. Lebedev and also in view of theprovisions of Art. 117 para. 2 of the RF Correctional Code to the effect that a
reprimand shall be made by the head of the correctional facility or a person acting in
his stead.
From the explanations of the representative of the administration of FKU IK-14,
A.N. Korsunsky, and the character reference submitted by the correctional facility itfollows that convict P.L. Lebedev was dispatched to group No. 7 of FKU IK-14; he
takes part in the site improvement work; he filed an application to be given a job of
an assistant worker; he reacts positively to measures of an educative character,
however does not always make the correct conclusions for himself; does not take
measures for voluntary repayment of claims believing the reprimands to be unlawful;he has not admitted his guilt in the committed crimes; throughout the entire period of
serving his sentence he has no commendations; in communication with
representatives of the administration of the correctional facility he does not always
follow the procedure for relations provided for by the Rules of Internal Order.
The convict has not lost social ties.
Neither the lawyers, nor the convict himself submitted information about theimpossibility to serve his sentence due to a grave illness. Medical certificates
concerning convict P.L. Lebedev's state of health available in the case file do not
contain information confirming the impossibility to serve the sentence prescribed to
him either.
The information submitted by the lawyers concerning the full repayment ofclaims by way of adoption by the Meshchansky District Court of the city of Moscow
of an order of 09 March 2007 concerning channelling ordinary shares in OAO NK
Yukos owned by other companies but actually belonging to M.B. Khodorkovskycontains no information about the order coming into legal force and its enforcement.
Under the verdict of 16 May 2005, the court made a decision to channel the
monetary funds available on his accounts toward the payment of damages in the
granted civil suit. However, those amounts are not commensurable with the suit
granted the payment of which is being done by bailiffs-enforcers by way of
enforcement, including at the expense of the discovered property of the convict; this
confirms the lack of P.L. Lebedev's intentions to pay them voluntarily.
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Article 79 CC RF provides for a right, not an obligation, of a court to apply a
conditional early release from serving one's sentence.
P.L. Lebedev is serving his sentence for the commission of gross crimes, he hasno remorse for what he has done, for a long period of time he has been committing
violations of the established procedure of serving one's sentence, did not have asingle commendation, the dynamics of his behaviour does not confirm his intent to
abide by the law.
Taking into consideration the above and the opinion of the administration of thecorrectional facility and the prosecutor, the court believes that the purposes of the
punishment indicated in Arts. 2 and 43 CC RF have not been achieved and there are
no grounds to find P.L. Lebedev not to require serving further sentence, and therefore
the application of E.L. Liptser and P.L. Lebedev for the conditional early release of
P.L. Lebedev shall be denied.
Pursuant to Arts. 397 para. 4 and 399 CCP RF, the court
ADJUDGED:
The application for conditional early release of Platon Leonidovich Lebedev
from serving his sentence shall be denied.
The judgment can be appealed to the Arkhangelsk Oblast Court through the
Velsk District Court within ten days from the day of its issuance; the convict can
appeal it within the same time frame from the day when a copy of the judgment is
served on him.
Judge [signature] N.M. Raspopov
[seal of the Velsk District Court] [seal of the Velsk District Court]
[round stamp For Documents of the
Velsk District Court]
TRUE COPY
Judge [signature] N.M. Paspopov
Verdict, judgment
has not come into legal force
as of28 July 2011
Judge [signature] N.M. Paspopov
Secretary Barakshina
Totally bound, numbered and
Sealed 3 (three) sheets
as of28 July 2011
Secretary Barakshina
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