Court ruling on the complaint against the FSB’s response to the poisoning report. The court did not require an inquiry into the possible involvement of the special services (security services) and upheld the agency’s refusal.
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Case No. 10-189699/2020 Moscow Judge S.A. Ryabtsev
APPELLATE RULING
December 22, 2020. The Moscow City Court, composed of: Presiding Judge N.V. Konovalova, with the participation of Prosecutor S.S. Tarasova, applicant V.K. Los, Deputy Head of the Investigative Department of the FSB of Russia A.M. Korystin, and with Judge's Assistant M.A. Pereudina, considered in open court the appeal filed by V.K. Los, acting in the interests of A.A. Navalny, against the ruling of the Lefortovo District Court of Moscow dated November 25, 2020, by which applicant V.K. Los was denied relief on the complaint filed under Article 125 of the Criminal Procedure Code of the Russian Federation. Having heard the report of Judge N.V. Konovalova and the positions of applicant V.K. Los, Deputy Head of the Investigative Department of the FSB of Russia A.M. Korystin, and Prosecutor S.S. Tarasova regarding the arguments of the appeal, the court
FOUND:
V.K. Los, acting in the interests of A.A. Navalny, applied to the court with a complaint under Article 125 of the Criminal Procedure Code of the Russian Federation regarding the inaction of the Investigative Department of the FSB of the Russian Federation, consisting in the failure to adopt the procedural decision required by law on a crime report indicating elements of an offense under Article 355 of the Criminal Code of the Russian Federation, and requesting that the Investigative Department of the FSB of the Russian Federation be ordered, following review of the report, to adopt one of the procedural decisions provided for in Part 1 of Article 145 of the Criminal Procedure Code of the Russian Federation. By ruling of the Lefortovo District Court of Moscow dated November 25, 2020, V.K. Los was denied relief on the complaint filed under Article 125 of the Criminal Procedure Code of the Russian Federation. In his appeal, V.K. Los, maintaining that the arguments in his complaint filed under Article 125 of the Criminal Procedure Code of the Russian Federation are well-founded, expresses disagreement with the ruling, considers it unlawful and unfounded, and also argues that the inaction in reviewing the crime report restricts Navalny's right to protection, including the rights established by Article 52 of the Constitution of the Russian Federation and Article 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 (the right to an effective remedy). He asks for the ruling of the Lefortovo District Court of Moscow dated November 25, 2020, to be set aside, and for the inaction of the Investigative Department of the FSB of the Russian Federation, consisting in the failure to adopt
the procedural decision required by law on the report of a crime indicating elements of an offense under Article 355 of the Criminal Code of the Russian Federation, to be declared unlawful. Having heard the participants in the proceedings, examined the materials submitted, and discussed the arguments of the appeal, the court finds the judge's ruling lawful, well-founded, and reasoned.
In accordance with Parts 1 and 3 of Article 125 of the Criminal Procedure Code of the Russian Federation, when reviewing an applicant's complaint in court, the judge must examine the lawfulness and validity of a ruling by the inquiry body, inquiry officer, investigator, or head of an investigative body refusing to initiate criminal proceedings or terminating criminal proceedings, as well as other actions (inaction) and decisions of an inquiry officer, head of an inquiry unit, head of an inquiry body, inquiry body, investigator, head of an investigative body, and prosecutor, which may harm the constitutional rights and freedoms of participants in criminal proceedings or hinder citizens' access to justice.
Under the applicable law, following consideration on the merits of a complaint filed under Article 125 of the Criminal Procedure Code of the Russian Federation, the court may adopt one of two decisions: either to deny the complaint, or to declare the action (inaction) or decision of the relevant official unlawful and unfounded, with that official being obliged to remedy the violation committed.
Thus, when considering the complaint, the court of first instance proceeds from the claims formulated by the applicant in the complaint and, accordingly, constituting the subject matter of the judicial review.
Under Part 4 of Article 7 of the Criminal Procedure Code of the Russian Federation, court decisions, rulings of a judge, prosecutor, investigator, inquiry body, head of an inquiry body, head of an inquiry unit, and inquiry officer must be lawful, well-founded, and reasoned.
These legal requirements were complied with by the court in considering the applicant's complaint.
In resolving V.K. Los's complaint, the court examined the arguments set out therein and reviewed all available materials, after which it correctly concluded that there were no grounds to grant it.
In its ruling, the court, acting within its competence, analyzed the materials examined and the circumstances relied on by the applicant in his complaint, and set out persuasive reasons with reference to the law in support of its decision; there are no grounds to disagree with them.
No violations of criminal procedure law were committed by the court that would entail the unconditional reversal of the court's ruling, whether by depriving or restricting the guaranteed rights of participants in the proceedings, by failing to observe procedural requirements, or otherwise affecting the issuance of a lawful and well-founded ruling.
The court's ruling complies with the requirements of criminal procedure law. The applicant's complaint was properly reviewed by the court within the powers granted to it by criminal procedure law. The court's conclusions are based on the materials examined and the requirements of criminal procedure law. In these circumstances, the challenged ruling is lawful, well-founded, and reasoned, in compliance with the requirements of Article 7 of the Criminal Procedure Code of the Russian Federation, and the arguments of the appeal are without merit. On the basis of the foregoing and guided by Articles 389.13, 389.20, and 389.28 of the Criminal Procedure Code of the Russian Federation, the court
RULED:
The ruling of the Lefortovo District Court of Moscow dated November 25, 2020, by which V.K. Los, acting in the interests of A.A. Navalny, was denied relief on the complaint filed under Article 125 of the Criminal Procedure Code of the Russian Federation, shall remain unchanged, and the appeal of applicant V.K. Los shall be dismissed. Judge N.V. Konovalova