CASSATION RULING

Moscow, December 4, 2002

The Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation, consisting of:
* Presiding Judge Galiullina Z.F.
* Judges Burova A.A. and Rodionova M.A.

considered in a court session on December 4, 2002, the cassation appeal of lawyer Chernousov E.A. against the sentence of the Moscow City Court dated August 16, 2002, by which

MYLNIKOV Anatoly Viktorovich, born December 12, 1946, a native of the city of Ivano-Frankovsk, convicted on February 9, 1979, under Articles 102 items 'a, g', 146 part 2 items 'a, b', 15 and 90 part 3, 218 part 1, 144 part 2, 17 and 144 part 2, 149 part 2, 194, 98 part 2, 195 part 3, 17 and 195 part 3 of the RSFSR Criminal Code, Articles 16-1 and 121, 117 part 3, 222 part 1, 194 part 1 and 197 of the Ukrainian SSR Criminal Code to 15 years of imprisonment with 5 years of exile; on September 25, 1998, under Articles 33 part 5 and 327 part 1 and Art. 322 of the Criminal Code of the RF to 10 months of imprisonment,

was convicted under Art. 205 part 1 of the Criminal Code of the RF to 6 (six) years and 8 months of imprisonment in a strict regime correctional colony.
Under Art. 30 part 3 and 150 part 4 of the Criminal Code of the RF, Mylnikov A.V. was acquitted for lack of corpus delicti in his actions.

Having heard the report of Judge Burova A.A., the explanations of lawyer Chernousov E.A., who supported the arguments of the cassation appeal, and the opinion of prosecutor Kornilova I.O., who proposed to leave the sentence unchanged, the judicial collegium

established:

• Mylnikov A.V. was convicted of terrorism in the form of a threat of committing explosions that create a danger of death and significant property damage, for the purpose of disrupting public safety, intimidating the population, and influencing decision-making by authorities.
• The crime was committed under the circumstances specified in the sentence.
• The convict Mylnikov did not plead guilty.