About this case: Alexey Kirilovsky is being charged with the discredit of the Russian Armed Forces (Part 1 of Article 20.3.3 of the Code of Administrative Offenses of the Russian Federation) for holding a bag with pacifist text near the Zvenigorodskaya metro station on April 15th and, according to the police’s version, publicly displaying it to the surrounding individuals.
The case is being heard in the Leninsky District Court of St. Petersburg, with Judge Elizaveta Sergeevna Kovaleva presiding.
On April 21st, both Mr. Kirilovsky and his defense attorney, Mr. Sergey Podolsky, appeared in court. Judge Kovaleva inquired if it was necessary to explain the rights to the participants in the proceedings, to which the participants responded that it was not necessary.
Mr. Kirilovsky submitted a motion to attach written explanations regarding the alleged offense to the case materials. The court granted this motion.
Defense attorney Mr. Podolsky presented the following motions:
The court adjourned to consider these motions. After a 20-minute break, Judge Kovaleva returned to the courtroom and announced a ruling denying all of the defense’s motions:
The Judge suggests starting the hearing. Parties don’t disagree.
The judge presents the case materials as follows:
– Administrative offense protocol against Mr. Kirilovsky, drawn up on April 15, 2022, by the duty officer of the 2nd police department of the Admiralteysky district of St. Petersburg, Mr. Lvov. According to the report, Kirilovsky committed public actions aimed at discrediting the Russian Armed Forces. On April 15, 2022, at around 12:40, near 52 Zagorodny Prospekt, building A, near Zvenigorodskaya metro station, which is a public place, he was holding a bag with a pacifist appeal and publicly displayed it to those around him, intentionally inciting Russian citizens. The act does not contain signs of a criminally punishable offense. There is a note about the receipt of a copy, explanation of rights, and Mr. Kirilovsky’s explanation.
– Report on bringing Mr. Kirilovsky to the 2nd police station at 12:50 for the preparation of an administrative offense report.
– Report by police officer Mr. Shumov, stating that around 11:55, he and officer Mr. Pogorelov identified citizen Kirilovsky.
– Act of confiscation of Mr. Kirilovsky’s bag.
– Explanations by Mr. Kirilovsky.
The court listens to the explanations of the offender and his representative. The defense attorney, Mr. Podolsky, is the first to speak. He argues that the offender could not have committed the offense at 12:40 since he was detained at 11:50. He sarcastically remarks about the factual errors in the documents drawn up by the police, pointing out their inconsistency with common sense and with each other. According to the defense, the offense itself should include signs of open agitation, but Kirilovsky did not conduct a rally or demonstrate anything. The police did not specify which side of the bag Kirilovsky was holding, as there was no inscription on the reverse side. Mr. Podolsky jests that by similar arguments, one could be convicted for reading Marshak’s poems or wearing a yellow-blue jacket. He believes that the norm cannot be applied to his client and requests the case to be dropped.
Mr. Kirilovsky explains that on that day, he was going to his university classes with his bag. He carries the bag due to his pacifist beliefs and not because of any special operation. He does not consider his actions to be discrediting the Russian Armed Forces.
After hearing the participants in the proceedings, the court adjourns to make a decision.
Fifteen minutes later, the judge returns from the deliberation room and announces the operative part of the ruling. The court finds Mr. Kirilovsky guilty of committing an administrative offense and imposes the minimum fine of 30,000 rubles.
