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Exhausted by the case of the denunciation of nurses, the doctor wins in the Supreme Court

Citizens who have been unlawfully prosecuted can recover not only moral damage, but also compensation for damage to business reputation – this is the explanation given by the Supreme Court. This option is possible if the criminal case became a black mark on the resume and the person was unable to get a job again.

Sun explained how to get compensation for damage to business reputation

A doctor from Voronezh applied to the higher authority with a complaint. The woman worked for many years as the deputy chief physician of one of the city hospitals. In 2016, following a denunciation by two nurses, a criminal case was opened against her for abuse of office. The investigation dragged on for almost a year and a half, the case fell apart as a result and was dismissed for lack of corpus delicti. Then it was reopened, closed again – and so on four times.

From the nerves and health of the doctor to the moment when the investigators finally gave up, only one name remained. The woman went to court with a claim for compensation for moral damage. She estimated it at 600 thousand rubles. However, the Voronezh judges decided to curtail the doctor’s appetites and awarded her only 20 thousand. On appeal, the decision survived. The judges concluded that the physician could not count on more, because she was not in custody, but was under recognizance not to leave. But the Supreme Court found this amount ridiculous and returned the case for review.

“The court of first instance did not find out the severity of the physical and mental suffering inflicted on the plaintiff in connection with the unlawful criminal prosecution, did not give a proper legal assessment of such circumstances as the general duration of the preliminary investigation (16 months), the conduct of investigative actions with her participation, including a search in her home, and long stay in the status of a suspect, “- emphasized the Armed Forces in the definition.

Moreover, as the highest judges pointed out, the victim of an illegal criminal prosecution can also count on additional compensation for damage to his business reputation. The Collegium of the Armed Forces noted that the doctor lost her job due to a criminal case. Although she had worked in medicine for 31 years before the incident, she was repeatedly awarded for her diligent work. However, even after the case was closed, she was unable to re-enter the healthcare system, each time receiving refusals from potential employers.

Supreme Court clarifies how to divide property in case of “extended” divorce

Important advice for couples who have decided to part ways, but are still dragging their feet with an official breakup, was given by the Supreme Court. It is better to get a divorce right away, otherwise then you will have to share even what both have gained while living apart.

Jointly acquired good is what is acquired even after parting

As it became known to “MK”, ​​the Armed Forces dealt with the dispute between the couple from St. Petersburg. The couple got married in 2008, but decided to separate in 2015. However, they were in no hurry to go to the registry office and lived separately for a whole year, but in the status of legal spouses. After the legal divorce, the ex-wife filed a lawsuit for the division of property. She was not satisfied that her ex-faithful had ten million rubles in the bank account. The man rescued money from his activities as a private entrepreneur – he was engaged in washing and disinfecting tankers. The lady lost two trials. The judges refused to recognize the accumulated millions as jointly acquired property. First, the businessman earned money when he was already living separately from his wife. And secondly, the plaintiff could not give a single argument in favor of the fact that a substantial amount was intended for any needs of the crumbling family. However, the complaint to the Supreme Court yielded very unexpected results. The higher authority agreed with the woman. In its definition, the Collegium of the Supreme Court noted that the Family Code calls any property and money acquired during marriage as joint. Moreover, income from the entrepreneurial activity of one of the spouses also falls into the common piggy bank. So the trip to the registry office for an official divorce only a year after the real breakup of the family for the businessman husband turned out to be a big mistake. All decisions of the lower courts, which were not in favor of the plaintiff, were overturned by the Supreme Court and sent back for reconsideration.

Moscow City Duma deputy accused of embezzlement reveals a cunning system in court

Moscow City Duma deputy Oleg Sheremetyev, accused of especially large-scale fraud, called himself a victim of the slander. On October 12, the Zamoskvoretsky court of the capital began to consider the criminal case of the parliamentarian. The deputy assures that he did not participate in the machinations with the awards of his assistant and did not appropriate the budget millions.

Parliamentarian Oleg Sheremetyev called his criminal case absurd

According to the investigation, Oleg Sheremetyev, a Moscow City Duma deputy from the Communist Party of the Russian Federation, from November 2019 to February 2020, four times submitted to the parliamentary staff memos on bonuses for large sums of his assistant Irina Kuznetsova. Kuznetsova received money on her card, withdrew it from an ATM in the Moscow City Duma building on Strastnoy Boulevard and gave it to her boss. And he appropriated the “laundered” cash. According to investigators, the scam brought Sheremetyev more than 2 million rubles. If the MP is proven guilty, he faces up to 10 years in prison.

The victim in the case was initially recognized as the chief of the Duma apparatus, Alexander Taranov. However, from the first minutes of the trial, the roles changed: at the suggestion of the prosecutor, the Moscow City Duma itself became the victim. The state prosecutor told the details of the scheme imputed to Oleg Sheremetyev.

– From October 29 to November 19, 2019, Sheremetyev had a criminal intent to steal. He chose the budget funds allocated for the functioning of the Moscow City Duma as the subject of the criminal encroachment, – the state prosecutor emphasized, – Sheremetyev submitted four deliberately forged service notes on awarding Kuznetsova. For October and November 2019 for a million rubles, for December for 673 thousand rubles, for January 2020 – 363 thousand rubles, for February – 436 thousand rubles. According to the rules, a deputy of the capital’s parliament can have no more than four full-time assistants who are exclusively subordinate to him. He has the right to reward them for especially important and difficult tasks. Plus, a maximum of 40 volunteer assistants who work without wages can help the deputy.

As it sounded in court, Irina Kuznetsova got a job as a full-time assistant to Sheremetyev last year. She did not know about the boss’s machinations, so she regularly took money from the card for him. The deputy did not plead guilty.

“The accusation is absolutely absurd,” said Oleg Sheremetyev. – The prosecutor read out that I wrote a deliberately false memo. I believe these are defamatory statements. What kind of work is considered especially important is the prerogative of the deputy. Only the deputy decides whether the assistant deserves a prize and how much to award him. No one else has the right to rate it. The prosecutor’s office and the Investigative Committee exceeded their powers by taking over the right to assess.

According to the parliamentarian, the assistant, allegedly, is still a swindler herself: she harbored anger and slandered the boss. And all because Sheremetyev caught her in some machinations and fired her.

– There was no theft. I awarded Kuznetsov. At first, she worked very well and deserved a prize. She said in advance that she was going to use the prize to help residents of the area, – put forward an interesting version of Sheremetyev.

Another assistant to Oleg Sheremetyev, Kirill Anoshin, described Kuznetsova as a cunning, deceitful and wayward woman.

– She was there (in the office of the deputy – editor’s note) for the main one. What she wanted there, she did, she fenced herself off from everyone and spoke negatively about Sheremetyevo, – said Anoshin.

The accountant of the capital’s parliament, questioned in court by a witness, also spoke about the oddities of the distribution of money in the capital’s parliament. According to her, the salary of a Duma official is a complicated thing. In addition to the salary, the full-time assistant to the parliamentarian receives bonuses for special conditions that stimulate payments and bonuses. Whether or not to give a bonus is up to the deputy himself, for whom the assistant works. And most importantly, decisions on bonuses are never checked for validity by anyone.

Fedoseeva-Shukshina prepares for a new court after reconciliation with Alibasov

The details of the trial between Bari Alibasov and Lydia Fedoseeva-Shukshina have become known. The producer and actress reconciled and resolved the housing issue. Until.

It seems that Bari Alibasov and Lydia Fedoseeva-Shukshina finally buried the ax of war. As “MK” managed to find out, the producer and the actress are together again, in love and harmony. The lawyers of the star couple told how the court session ended today.

“On October 12, the Troitsky District Court of Moscow ruled to return the apartment in New Moscow to Lydia Nikolaevna Fedoseeva-Shukshina. Bari Karimovich’s position on challenging the decision will be announced later, ”said Vadim Gorzhankin, PR Director of Alibasov.

Alibasov’s lawyer Oleg Sukhov noted that an appeal is possible. “You can dispute the decision in the appeal of the Moscow City Court within 30 days, and there is every reason for this,” Sukhov said. “However, Alibasov himself has not yet decided whether he will challenge the decision, since he always said that the apartment belongs to Shukshina, and the decision made only confirmed his words.”

Lidia Nikolaevna’s lawyer, Yulia Verbitskaya, in a conversation with MK, noted that the trial and the war for the actress’s apartment were an extremely difficult matter. Verbitskaya does not exclude that the court proceedings will continue.

“With a high degree of probability, both Alibasov and Motsar (who bought Shukshina’s apartment from Alibasov – editor’s note) will not agree with the court’s decision and will continue to fight for Lydia Nikolaevna’s apartment in appeal and cassation,” stressed Verbitskaya. – Well then. We will work and prepare. “

– Did Bari Karimovich and Lydia Nikolaevna really make up?

– Yes, we made up. At least Bari Karimovich withdrew his demands for divorce and dropped the claim. But he was in no hurry to return the apartment. At the request of Lydia Nikolaevna to return the apartment, he said: “How the court will decide.” So the court decided.

– How did you manage to return Lydia Nikolaevna’s apartment?

– We worked hard. The case was extremely difficult. In fact, we have changed the existing practice and this is extremely important. Now everyone who has become a victim of deception will be able to defend their rights and ensure that justice is done. Do you know what I want to say to the readers? Don’t be afraid to defend yourself. Go to the end. Special thanks to the Russian courts for their work and for being true professionals and restoring justice!

Read also: “Fedoseeva-Shukshina won a trial against Alibasov”