2012/07/12 "Representative of Ministry of Defence Who Has Never Served in Military and Judge Who Considers Prayers as Unnecessa"
  • Press Release No. 58/1492
  • 12/07/2012

Today on July 12, the Kirovsky District Court, Yekaterinburg, satisfied the suit filed by the Mother's Right Foundation against the Volga-Ural Military District and the Ministry of Defence. The suit was filed on behalf of Svetlana Nikolayevna Semyonova, the widow of Roman Viktorovich Semyonov, a reservist from Penza, in the interests of their underage children. Roman was 37 when he died. He was the head of the family and its breadwinner. Until he was taken to a military training camp. On September 2, 2008 Roman Semenov was suddenly taken from his work place and on September 8, 2008 he died on his way to the unit. According to the sentence of the Orenburg Garrison Court (which came into force on July 21, 2009, after the decision of the Volga Military District Court, court of cassation instance), Captain Ivanov, the doctor-in-chief of M.U. 30785, failed to perform his service duties; as a result of his negligence, reservist Semyonov died.  A. N. Ivanov was charged under Article 293, Section 2, (negligence), of the RF CC. Svetlana Nikolayevna was left alone with the twins Katya and Maxim. The Mother's Right Foundation filed a suit for compensation for the damage caused by their father's death and the damage caused by the death of their breadwinner (these are two different claims: the first one is related to the loss of their father and their mental suffering; the second one is related to the loss of financial support). The interests of the children of the deceased were represented by a lawyer of the Mother's Right Foundation, Tatiana Sladkova. The previous hearings were held on June 5, 2012 and June 20, 2012.

Konstantin Batyayev who represented the Ministry of Defence objected to the claims of the Mother's Right Foundation. He confused the claim filed in the interests of Roman Semyonov's children with the satisfied claim in the interests of his widow. He tried to dispute the decision of the Orenburg Garrison Court. He said nothing new in court. The same refers to Valentin Petrenko, another representative of the Ministry of Defence.

Irina Andryushina who represented the interests of the Ministry of Finance, co-defendant in the case, confused compensation for the death of a breadwinner with a loss-of-breadwinner pension. As for the other claim, she said that the moral damage had not been proven. She said that in spite of our numerous references to the court sentence that had already come into force.

The foundation lawyer had to educate the lawyers who represented the state bodies: according to Article 61, Section 2, of the RF CPC, the circumstances, stated in a court decision that has come into force, are mandatory. The death of their father caused lifelong mental suffering to E.R. Semyonova and M.R. Semyonov, as well their health problems. According to Article 1088 of the RF CPC, disabled persons who lost their breadwinner have the right to compensation. It is presumed that the children were supported by their father. The lawyer of the Mother's Right Foundation demanded that the defendants pay compensation for the moral and financial damage (for the previous three years and up to the age when they finish their full-time education but not later than the age of 23).  Our lawyer told about the foundation's practice: on October 28, 2011 the foundation won a similar case in the interests of the widow and child of reservist Andrei Galanov who had died in a training camp.

While the court was studying the case materials, the parties had a curious conversation in the corridor. All the representatives are young people. They are younger than the deceased Roman Semyonov. As a rule, defendants' representatives try to justify themselves: according to their words, they have to act in the interests of their departments but actually, they are on our side... Petrenko, a representative of the Ministry of Defence, was not going to justify himself. He hinted that many people strived to get money from the ‘poor' Ministry of Defence. He considered the Civil Code as ‘bad'. He mentioned ‘outrageous cases' when self-murderers' parents demanded money. Petrenko is of draft age. The lawyer of the Mother's Right Foundation asked him:

‘Did you serve in the military?'

‘No,' honestly answered Petrenko.

‘Then try it,' said the foundation lawyer. ‘May be after the service you won't fight against the families of dead soldiers and officers...'

After hearing the foundation lawyer and considering the case materials, Judge Anton Mikhailovich Telminov passed a decision that satisfied the claims of the Mother's Right Foundation: Roman Semyonov's children will receive over 610,000 rubles. He explained that he had not taken into account the expenses for prayers, funeral service and other related expenses because they were unnecessary (the foundation included the expenses).

 ‘Do you have a christening certificate,' asked the judge.

No, we don't have the christening certificate of Roman Semyonov's: he was born in the USSR in 1971.

 
 

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