On July 24, the Moscow City Court decided to release 66-year-old pensioner Tamara Vasilyeva from the detention facility. A woman suffering from a thyroid disease was arrested for 30 days because of an unpaid fine for insulting a government official (Article 319 of the Criminal Code of the Russian Federation). Moreover, the sanction under this article does not imply restriction or imprisonment. Lawyers were afraid that due to a serious illness a woman might not live to the end of her arrest.

All the fault puddle

The incident with the insult of officials occurred in 2015. Then Tamara Vasilyeva rested with her sister Valentina in the Novopokrovsky district of the Krasnodar Territory. A relative complained that the administration had been unable to put the roadway in front of her house in order for several years, and she was forced to walk through puddles and “sink in mud”. As a result, Vasilyeva went to understand the situation to the head of the settlement.

"She rushes into the office when we had a meeting, and begins to insult me, the administration:" I will teach you to work here, I'm from Moscow. " Everyone was shocked. Everyone knows her, she comes twice a year and sets her own rules throughout the settlement. The previous head of the settlement also suffered a lot from Tamara and Valentina, ”said Andrei Borisovsky, head of the Kuban rural settlement in the Novopokrovsky district, in an interview with RT.

According to him, he decided to check the situation personally and went to the place with the policeman, but there Vasilyeva only continued to insult him, his children, parents with obscene language, to say: “So that you don’t go home, so that you would be broken, so that all your relatives". After that, Borisovskiy wrote a statement to the district police officer, since all this happened also in full view of the residents of the settlement.

As Sergey Nikolayevich told RT, the head of the legal department of the administration, Vasilyeva insulted not only Borisovsky, but also representatives of the deputies' corps.

“She scolded, insulted several people, not only the head of the settlement, residents of the village. After these fights, the court ordered her to pay a fine, she didn’t appear here anymore, the police searched for her. Our council deputies work for free, they are covered with obscene language, ”the man said.

At the same time, as Borisovsky said, when the case went to the Investigation Committee, Tamara was found in Moscow and brought to the Krasnodar Territory. According to him, even in the car of law enforcement officers she behaved inadequately.

“On the way, she started drooling and foam and said that she had epilepsy, went to the toilet for herself. She gave out the same concerts here and there in the Investigation Committee gave out, she was recorded, ”says Borisovsky.

Found guilty

A criminal case was initiated against Vasilyeva under art. 319 of the Criminal Code (insulting a government official). In 2017, a local court found her guilty and ordered to pay a fine in the amount of 7 thousand rubles.

According to lawyer Vasilyeva Dmitry Dzhulai, the court order did not specify the details for paying the fine.

“For Vasilyeva, 7 thousand rubles is a lot of money, but they were not. Plus, the court did not specify the details where to transfer money. She tried several times to find out from the judge where to pay the fine, he otbutbivala it, at the end she went to Moscow without paying. Tamara, elderly, lonely, did not guess to find information on the Internet. This, of course, does not fully justify it, but the judge did not write the requisites in the bill of indictment, ”Julia explains in the RT commentary.

According to the lawyer, in March 2018, the magistrate of the judicial district No. 185 of the Novopokrovsky District of the Krasnodar Territory made a decision to replace the punishment from a fine to a restriction of liberty, since until that time Vasilyeva had not paid the fine. But Tamara did not know about it.

In the summer of 2019, Vasilyeva again went to visit Valentina, but she was removed from the train by a police squad. It turned out that since January 2019 she is wanted. The day the woman was kept in the department. Later, on July 15, at the request of the FPS, the Basmanny Court of Moscow decided to detain her for 30 days in order to change the punishment.

“This is a matter of ordinary carelessness, they did not bother to find it, they made the first decision to replace the penalty for restriction of liberty in Krasnodar, although they should have been sent to Moscow at the place of residence. Here, no one was looking for her: exits at the place of residence, surveys of neighbors - none of this was done. Judge Basmanny just swept away this decision in favor of the FSIN, ”Julay says.

He clarified that since 1992 Vasilyeva has been registered in Moscow and all this time has been living for registration.

At the same time, the sanction under Article 319 of the Criminal Code of the Russian Federation implies a penalty of up to 40 thousand rubles or in the amount of wages or other income of a convicted person for a period of up to three months, or compulsory work for up to three hundred and sixty hours, or correctional work for a period of up to one year. Restrictions or imprisonment is not provided.

"The decision should not have been so strict"

July said that in the detention center Vasiliev feels bad. In this regard, he feared that a woman might not live to see the end of her arrest.

“She is depressed, can neither sleep nor eat, according to her words, medical care is not provided to her. She was given some pills, and she vomited immediately. It looks very bad. She has a huge thyroid tumor in her throat, and you can see it, ”says the lawyer.

Vasiliev was visited by the executive secretary of the Public Observation Commission for Moscow, Ivan Melnikov. He said that a woman with major health problems was placed in a 20-person cell. However, inmates came into position and helped her in everything.

“At our request, the doctors examined it and recorded high blood pressure, almost all diagnoses confirmed. She was repeatedly examined by doctors while she was in quarantine. We recommended to monitor her well-being, asked to give her maximum attention, ”RT told Melnikov.

At the same time, he noted that Vasilyeva, at the trial on the election of a preventive measure, was ready to pay the fine.

“I am ready to pay right now. How because of 7 thousand rubles I could be put in jail? Many people have fines in the millions, and because of 7 thousand I was imprisoned. I wish I did not get involved in this story. All the same, for my money I had to make a road. I do not feel well, ”Vasilieva told Melnikova.

He said that he intended to inform Tatyana Moskalkova, the ombudsman in the Russian Federation, about the situation.

“From a legal position, I believe that the decision should not have been so strict. You could assign some additional penalty for non-payment. It was possible to come up with some other measure, not related to the detention, “- said Melnikov.