Legal Documentation and Procedural Concerns

Regulatory Documents Cited

• Order of the Chief Military Prosecutor No. 100-1993: "On operational information in the bodies of the military prosecutor's office."
• Instructions of the General Prosecutor's Office of the RF:
  • Dated August 19, 1997, No. 52/20: "On facts of gross violation of criminal procedural legislation."
  • Dated December 24, 1996, No. 1y-1150: "On further improvement of supervisory activities in the bodies of the military prosecutor's office," etc.

Allegations of Procedural Irregularities

The criminal case initiated against the author is alleged to be illegal, rendering the preliminary investigation itself illegal.

Lack of Clarity and Due Process

• For four months, the author has not been specifically informed of the suspected offense.
• A petition to ensure the right provided by Part 2 of Article 52 of the CCP of the RSFSR (since the author has been declared a suspect) and to receive an explanation of the suspicion was denied.
• The author is being interrogated as a suspect without justification.
• The author cannot identify the regulating normative act (article of the CCP of the RSFSR) governing their status as a suspect, as the criteria listed in Part 1 of Article 52 of the CCP of the RSFSR (detention at the scene of the crime or the application of a measure of restraint before charges are brought) are not present.

Violations of Constitutional Rights

• In violation of Part 2 of Article 24 and Article 46 of the Constitution of the Russian Federation, the author has not been provided with a photocopy of the decision to initiate the criminal case (currently numbered No. 240).
• The author has not been given the opportunity to review the said decision and make necessary extracts from it.
• To date, neither the investigator nor the prosecutor's office employees have disclosed any information constituting a state secret. This lack of disclosure applies to other elements of the alleged crimes as well.

Issues Regarding Investigation Term Extension

• The term of the preliminary investigation is being extended without justification.
• Part 3 of Article 133 of the CCP of the RSFSR permits extension "In cases where the investigation presents particular complexity."
• The elements of the alleged crimes (Part 1 and Art. 222, Part 1 of Art. 283, and Part 1 of Art. 285 of the Criminal Code of the RF) do not present particular complexity for their investigation; these are not considered grave elements of crimes.