Legal vacuum. News from the Crimea




Do you know who in the Crimea most enjoys his accession to Russia? Russian patriots think? Nothing of the sort - Ukrainian criminals yes debtors. In Crimea, there was one nyuansik about which few people know, and even fewer who speaks. But he is very lively debate only in narrow circles of the Crimean lawyers, over a glass of tea. And now they drink often, because there is no work.
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And what to do if the law enforcement system in the Crimea, the second week is - the courts are no longer working, sentences defendants are not made, the decisions on civil, family and commercial cases are not accepted. Yes and no new defendants - the prosecutor's office and the police, criminal proceedings were instituted only in a few, very resonant cases and that these criminal cases do next, nobody knows.

Nobody knows well what to do with those persons against whom criminal sentences already handed down. And notaries notarial acts in the Crimea did not commit, and all the polls have closed their offices - they do not have access to the State Register or Ukraine or Russia, and licenses for notarial activities in the Russian Federation have also no.

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The problem is that the Crimea officially became a part of Russia, on the territory of which the laws of the Russian Federation. Legislation of Ukraine in Russia, respectively, is no longer valid, and stood before the judges question "under the laws of any country to judge the defendant?ยป.

According to the Criminal Code, Code of Criminal Procedure? So they are on the territory of Russia is not valid. According to the Criminal Code, the Criminal Procedure Code of the Russian Federation? So Crimean judge not appointed by a presidential decree in the chair of the Russian judge - he Ukrainian judge, was appointed to his post by a presidential decree, and it does not have authority to administer justice in the Russian territory.

Similar issues faced by prosecutors "In the Criminal Procedure Code which country to initiate and investigate criminal cases, if I am not an employee Prosecutor's Office, but not an employee of the Russian Federation Prosecutor's Office?". And before the police are such questions, and before the bailiffs, and to the employees of the penitentiary service - currently in the Crimea there is no official, adopted by the Russian civil service. And if they are not Russian officials, then who they are in Russia, with its Ukrainian official identification?

Record a general list of all the Crimean judges, prosecutors, notaries, etc. In the Russian authorities will not work - according to Russian legislation the appointment to these positions, it is a complex multistep procedure that nobody is going to change for the sake of the Crimea. Yes, Russia is unlikely to want to appoint someone without at least checking loyalty.

Besides, it is not possible under current Russian law, because all Crimean officials, are citizens of Ukraine. And though all the Crimean Skopje and recorded another and citizens of Russia, but the citizenship of Ukraine have not stopped. And the citizens of the Russian Federation, which have foreign citizenship can not be taken on the Russian civil service. It just sets the seventh paragraph of Article 16 of the Federal Law "On State Civil Service of the Russian Federation", according to which a citizen of the Russian Federation can not be appointed to public office if he has even citizenship of another state.

And get out of the Ukrainian citizenship, krymchanin can only upon approval by Ukrainian presidential decree on the termination of a particular person the citizenship of Ukraine. You understand that such decrees do not, and is not expected.

There can still be a little touch on the question of absolute ignorance of the Crimean Russian law lawyers, and those who think that it is no different from the Ukrainian, who has never worked as a lawyer in Ukraine and Russia. Different, and quite significantly.

Of course, if intelligent Ukrainian lawyer to throw on Wednesday Russian jurists, he quickly sort out these differences. But if it will work around the Russian lawyers, who will learn. And if around the same "know-nothings", as you yourself, you gain new knowledge not one - all around with the same Ukrainian law degrees, and with the same knowledge exclusively Ukrainian legislation. And most of these lawyers, in Russia had never happened.

You say, will understand eventually. Of course, understand. But what to do with those prisoners on remand in prison, who already expire all periods of detention, and the court can not pass a criminal case. And as his pass them, if it excites and investigated by the Criminal Procedure Code of Ukraine, which in the Crimea is no longer valid? And in which court it pass if the Ukrainian courts in the Crimea is no longer, and Russian ships yet? Therefore, criminal cases, "away from this headache", now terminated, and the defendants are released.

The same thing could be waiting and "inmates" of the Crimean prison, already convicted of criminal offenses (and their five Crimea: Simferopol colony for repeatedly convicted, Kerch colony for the first time convicted, Kerch correctional center, and two jail in Simferopol and Kerch). After all, sitting there, convicted under Ukrainian law, Ukrainian courts, as citizens of Ukraine, and for crimes committed on the territory of Ukraine. And sitting there, people not only from the Crimea, and from the West and the East of Ukraine.

And if Ukraine does not want them to take in (and where to take them, if the rest of Ukrainian colony that is not calculated the number of additional convicts?), Then they should be set free. Well, do not contain the same in the Russian colonies in the Russian taxpayers' money of foreign nationals who have been convicted by a foreign court for committing a crime in a foreign country? Especially because some of them up to ten years.

Of course, you do not care that it's all in any legal framework does not climb, and "plant" and "condemn" and "contain" without the law, but who need it, with this contact, if the old authorities in Kiev left, and the new authorities in Moscow no one has ever seen? Is that someone will order for the money.

Vacuum, this space is completely free from anything, absolute emptiness

Until recently, in the Crimea there some no, but developed in Ukraine system of law and order, and now it is not. Ukrainian judges, notaries, etc. in the Crimea is no longer, and Russian yet, and divorce, sell real estate, inheritance or start to collect the debt from the debtor, on the peninsula is now impossible.

And now I understand why the Crimean police did not come when the alarm went off at my parents' house - she just did not know what to do with the detainees then thieves.

P.S. If someone from the Crimean think that now you can not pay the bank loan, and not let dreams. Ukrainian banks simply will bring debt to astronomical sum, and then it will give way to some semi-criminal Russian collection agency - then do not ever pay off. After the Crimean bratkov decisions of the courts unnecessarily, they are for debt with bits arrive.
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