Kirov Regional Court

Kirov Regional Court

Kirov Regional Court

Administrative Prosecution

Court of Appeal: It is illegal to seize property to ensure payment of a fine for faith

Kirov Region

On October 10, 2019, the Kirov Regional Court canceled the arrest of Anatoly Tokarev's apartment, imposed earlier by the court of first instance. The court ruled that it is against the law to seize the property of believers in case the court imposes a fine on them under an "extremist" article.

The decision to arrest the apartment and garden belonging to the family of Anatoly Tokarev was made on July 1, 2019 by Sergey Skorobogaty, a judge of the Oktyabrsky District Court of Kirov. At the same time, housing with a plot of land is in the possession of Lydia Kachurina, the mother of 60-year-old Tokarev. Later, after an appeal filed by the believers, the authorities changed their minds about arresting the garden, but the apartment in which Anatoly's mother lives remained under arrest. Then an appeal was filed with the Kirov Regional Court.

The Kirov Regional Court, considering the appeal of Anatoly Tokarev, made the following conclusion: the seizure of property in order to ensure the payment of a fine as a punishment under Article 282.2 of the Criminal Code in the future is not provided for by law. The court pointed out that a fine is only one of the possible main penalties under this article. Since a fine is one of the main types of punishment, in case of non-compliance, it can be (in accordance with Part 5 of Article 46 of the Criminal Code of the Russian Federation) replaced by another type of punishment other than imprisonment. The possibility of such a substitution in itself guarantees its payment and the interests of criminal proceedings. As a result, the court decided to lift the arrest from the apartment of Anatoly Tokarev.

The threat of seizure of real estate is nothing more than pressure on believers who refuse to make a deal with the investigation. Back in May 2019, law enforcement officers threatened Anatoliy with problems for his relatives.

Anatoly Tokarev and his family are not the only Kirov residents who have faced problems because of their religion. After a series of searches in Kirov, criminal cases were opened against at least 11 Jehovah's Witnesses. Polish citizen Andrzej Oniszczuk spent 330 days in jail.

Case of Tokarev in Kirov

Case History
Peaceful pensioner Anatoly Tokarev, a resident of Kirov, was sentenced by the court to a fine of 500 thousand rubles for his faith. The believer filed a complaint with the courts of appeal and cassation, but the verdict remained unchanged. The prosecutor asked to send the believer to a colony for 3.5 years, accusing him of organizing and financing a banned organization. According to him, this was expressed “in the joint singing of biblical songs and the study of religious literature,” as well as in covering the utility costs of an empty worship building. The persecution of Anatoliy began in May 2019. He was searched, the security forces arrested his apartment and garden, voiced threats to harm his relatives. The believer considers this pressure for refusing to incriminate himself and not admitting guilt in extremism. Judge Skorobogatov ignored the documents submitted by the defendant to international organizations advocating for Anatoly Tokarev’s right to freedom of religion. Interrogation of prosecution witnesses during the trial revealed that their testimony was falsified.
Timeline

Persons in case

Criminal case

Region:
Kirov Region
Locality:
Kirov
Suspected of:
"joint singing of biblical songs ... in his apartment."
Court case number:
11902330022000030
Initiated:
May 8, 2019
Current case stage:
the verdict entered into force
Investigating:
Investigative Directorate of the Investigative Committee of the Russian Federation for the Kirov Region
Articles of Criminal Code of Russian Federation:
282.2 (1)
Court case number:
1-82/2020
Court:
Октябрьский районный суд г. Кирова
Judge:
Скоробогатый Сергей Валерьевич
Case History
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