29 June 2017
Samvel Karakhanyan and Julia Zhironkina have won the trial resulted in the court decision which is substandard for legal practice
Nothing in lawyer activity brings so much joy as triumph of justice and understanding that work was not in vain. Recently conducted trial resulted in the decision in favor of defense team is a case in point.
The process at a glance
Investigator of the Main Investigations Directorate of the Investigative Committee of the Russian Federation applied to the well-known Basmanny district court in Moscow with request for suspension of the Bar's (Barshchevsky & Partners) client – vice governor of one of the regions.
In the course of the court session, the defense team highlighted unsoundness of the necessity to apply other measure of procedural compulsion, absence of evidence of any concrete grounds occasioned the respective request and rationalizing the prosecution`s position. Besides, the defense team stated that investigators had not submitted any confirming document but had confined only by formal declaration asserting that a principal using the held position can anywise hinder conduct of criminal proceeding.
Unfortunately, representative of the Prosecutor General`s Office of the Russian Federation affirmed the investigator`s request under the pretext of the measure of restraint selected in respect of the client.
At the same time, the defense team noted that the court, deciding to place the person under house arrest, set a range of restrictions including prohibition on leaving and changing the place of living, communicating with any persons except for those specified in the decision, receiving or delivering any correspondence, using any means of communications and the Internet network.
Considering this and the fact that during the session the prosecution team had not submitted any objective evidence of necessity of suspension, the court accepted the defense arguments and issued the decree rejecting suspension.
As a result of well coordinated work, Samvel Karakhanyan and Julia Zhironkina have managed to defend properly the principal`s rights and legitimate interests.