Report for 2008

The Mother's Right Foundation is a non-profit, public charitable organization that protects the rights of parents whose sons have died in peacetime military service on the territory of the Russian Federation because of crimes, unsanitary conditions, abnormal psychological atmosphere and other reasons. Its history started in 1989. It was officially registered by the Ministry of Justice of the Russian Federation on March 4, 1993. On June 16, 1999, it was re-registered by the Moscow Justice Department under the Federal Law ‘On Public Organizations'. The Foundation data were included in the Unified State Register of Legal Entities on December 19, 2002. The Foundation's work is determined by such activities as:

  • *01. Socio-Legal Support and Protection to Families of Dead Soldiers;
  • *02. Law Making; Cooperation with State Power Bodies;
  • *03. Sociological Researches on Human Rights Violations in Army;
  • *04. Publishing;
  • *05. Informing;
  • *06. Financial Support to Parents of Dead Soldiers;
  • *07. Moral and Psychological Rehabilitation of Parents of Dead Soldiers;
  • *08. Participation in Conferences and Seminars;
  • *09. Work with Volunteers and Probationers.
  • *10. Reporting.

•01.  SOCIO-LEGAL SUPPORT AND LEGAL PROTECTION TO FAMILIES OF DEAD SOLDIERS

In its work, the Foundation encounters parents' absolute ignorance of their own rights, as well as their incapability to realize these rights. They do not appeal against illegal investigations, court decisions, and denials of state bodies. The situation is the cause of impunity. Accordingly, legal education is priority social support rendered by the Mother's Right Foundation to families of dead servicemen.

During the period from January 1 to December 31, 2008, the following lawyers worked in the Foundation: Natalia Kalina, Nadezhda Kuzina, Julia Larina, Julia Lebedeva, Anna Mukaseyeva, Tatiana Sladkova, Zarema Yusupova, Kristina Shipilina. They were assisted by Lubov Frolova, assistent, and Svetlana Filippova, secretary-referent.

We cooperated with the Forensic Medicine Consulting (Autonomous Non-Profit Organization) and the Independent Psychiatric Association of Russia (IPAR).

The Foundation executes the legal support program directly (receptions, consultations) and through mail (answers to letters). Parents of dead servicemen receive consultations of the Foundation lawyers specializing in different areas: 

  • Criminal Law and Procedure (protection of victims' rights);
  • Compensation for Moral Damage;
  • Social Insurance (pensions, benefits, measures of social support, insurances, and etc.).

Within the period from January 1 to December 31, 2008, the Foundation received 1658 letters; lawyers received 157 visitors.

Thanks to the Foundation's 403 applications, letters of complaint, and letters of appeal, a number of cases of deaths of servicemen were filed or sent for retrial; pension and benefit cases were considered; etc.

The Foundation received 324 letters of response to its applications, letters of complaint and inquiries (percentage of response - 80%).

Besides, within the period from January 1 to December 31, 2008, 6522 persons made phone calls and applied to the Foundation for consultations and assistance (5082 families of dead servicemen; 1440 applications by organizations of soldier's parents from different cities and towns, as well as by representatives of mass media).

Within the frame of the Legal Education Program, the Foundation sent 344 kits consisting of normative legal documents (221 - to the parents who applied for the first time and whose sons died in Military Units which did not participate in military actions; 32 - to the parents who applied for the first time and whose sons died during the First Chechen War of 1994-1997; 91 - to those whose sons died in the Second Chechen War of 1999-2006).

A "kit" consists of:

  1. Instruction booklets: ‘On Criminal Case', ‘On Privileges', ‘On Pensions', ‘Insurance and Benefits'. According to the Foundation practice, they are of considerable help to parents of the deceased, because, as a rule, official organizations do not explain them their rights.
  2. The Foundation questionnaire for parents to fill in. The questionnaire data enter our computer database on those who died in peacetime military service. This facilitates our work when parents apply for the second time (we need this information when we draw up applications, letters of complaint; when we work with mass media, etc.).

3. Texts of laws (or articles of some Acts) concerning servicemen's families.

TRIALS

The society can influence the human rights situation in different ways. The most effective one is defense in court.

It's a pity that people are reluctant to apply to court. And when they do it, they are not skillful enough to succeed. The most difficult situation is in remote places. The second problem is accessibility to professional legal assistance: it is too expensive to hire a lawyer, and the Russian Law does not provide a free lawyer to assist victims of Army crimes.  Besides, there are very few lawyers who know the specific character of Army deaths and protection of the rights of servicemen's families.

Since 1990, the Mother's Right Foundation has been helping parents of dead soldiers to realize their rights in the court. The Foundation enjoys the reputation of an experienced, competent, uncompromising and honest protector, as well as of a kind and sincere friend ready to help in need. That's why people from all over Russia apply to the Foundation. It's our principle not to take any payment, or commission, or presents from dead soldiers' parents - we work absolutely for free. The Mother's Right Foundation itself pays its lawyers' fees, their business trips to different towns of the Russian Federation, and other expenses (phone calls, mail, etc.) using grants won in annual contests (see the last page of the Report) organized by donor organizations.  To protect the rights of parents of dead soldiers, we also use donations transferred to our account with the note ‘For the Charter Activities of the Foundation.'

During the year of 2008, the Foundation lawyers participated in 132 trials (220 court sessions) in 56 Russian towns (for more details see below). 

The trials won during the last six months make up 66% of the cases completed by the Foundation.

IN TOTAL, during the reporting period, the Foundation rendered qualified legal assistance to 5788 (five thousand seven hundred and eighty eight) families of dead servicemen.

We learned to work in tough conditions: economy tickets and cheapest hotels. We are grateful to the air companies which give us tickets for free or with considerable discounts, as well as to the hotel managers who helped us to keep our hotel expenses low. 

* The Foundation is grateful to:

Mr. Raif Nabiulovich Mobarakshin, General Director of the Berezniki-Service OJS, for 50% discount on lodging Anna Mukaseyeva, Foundation lawyer, in the Berezniki Hotel (the Perm Region) in February 2008;

Mr. Igor Gennadievich Orlov, General Director of the Tourist Hotel (Rostov-on-Don), for free booking and 30% discount on lodging A.A. Mukaseyeva, Foundation lawyer, in the Turist Hotel in May 2008.


Trials of the Mother's Right Foundation in 2008

1). On January 11, August 12, and September 18, 22, the Orenburg Garrison Court considered the death case of Ivan Krasheninnikov from the Penza Region. Ivan was called up to military service on November 27, 2005, and served in Military Unit 35652. On December 11, 2006, he was found dead in the belt noose, in the basement of the barracks. Vanya's parents, Galina Vasilievna and Alexey Ivanovich Krasheninnikov, did not believe   the ‘suicide' version. After the investigation, two sergeants of Military Unit 35652, Krul and Aflistov, were charged with hazing Ivan Krasheninnikov. In the course of the investigation, which started in August 2007, the Mother's Right Foundation succeeded (January 11, 2008) in having the case materials sent to medico-legal experts. The interests of the parents of the deceased were protected by the Mother's Right Foundation lawyers, Julia Larina and Tatiana Sladkova. The trial was completed. Krul received a suspended sentence of 1,6 years and 2 years of probation; Aflistov received a suspended sentence of 1 year and 2 years of probation. We are preparing a letter of complaint to the UCHR.

2). On January 14, 21, 22 and February 11, the Rostov Garrison Court considered the death case of Pavel Chuikov (b. 1987). Pavel served in Military Unit 51369, Shakhty Town, where he was thanked officially several times. The last record was made on June 14, 2006. On August 23, 2006, Pavel died tragically. The investigation found out that Pavel had been hazed - he had been constantly beaten and humiliated by his fellow serviceman, R.I. Didechko. The latter was charged under article 335, s. 3, of the RF CC (hazing with grave consequences).  The interests of the father of the deceased were protected by the Mother's Right Foundation lawyer, Natalia Kalina. We won the trial. Didechko was pleaded guilty and sentenced to 5 years in a general regime colony, under article 335, s. 3. The Military Unit was obliged to pay the parents 150,000 roubles as compensation for moral damage caused by their son's death.

3). On January 16, the Primorsky Krai Court (Vladivostok) considered the cassation appeal filed by the Mother's Right Foundation on behalf of Gennady Ivanovich Nikolayenko, father of a dead serviceman. His son, Dmitry Nikolayenko (b. 1984), served in Military Unit 45663. On November 4, 2005, he died in military service. As a father of a dead soldier, Gennady Ivanovich has the right to measures of social support, including MPs (monthly payments). But the Pension Fund Department of Lesozavodsk Town denied the father of the deceased of granting MPs on the ground that Gennady Ivanovich ‘was capable of working'. The Mother's Right Foundation filed a claim against the illegal denial of the Pension Fund Department but on November 22, 2007, judge S.V. Yarovenko of the Lesozavodsk Town Court passed the decision denying the father of his rights. The Mother's Right Foundation sent a cassation appeal against the decision. The interests of the father of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the panel of judges cancelled the decision of judge Yarovenko and passed a new one: the Pension Fund was obliged to grant MPs to the father of the deceased from the application date.

4). On January 16, the Uglovsky District Court, Altai Region, considered the claim filed by the Mother's Right Foundation on behalf of Maria Leontievna Platonova, mother of a dead soldier. Her son, Sergey Platonov (b. 1976) was called up to military service in 1994, and served in Military Unit No. 74268 (ALF). On January 10, 1995, he died in military service in Chechnya. In 2004, his mother achieved the age of 50. According to the Law, she was granted a loss-of-breadwinner pension. On February 7, 2007, Maria Leontievna's name was included in the unemployment list of the Employment Department because she had been dismissed on grounds of redundancy. The Department failed to find a job for her and on August 7, 2007, under its proposal she was granted an old age pension ahead of schedule. So, Maria Leontievna started receiving two pensions: an old age pension and a loss-of-breadwinner pension. They permited her to make both ends meet in the situation of total unemployment. But the officials of the local Pension Fund could not stand it: they thought that two small pensions were too much for the mother of a soldier who had died in Chechnya. That's why they stopped paying her an old age pension from November 1, 2007. The Mother's Right Foundation filed a claim. The interests of Maria Leontievna Platonova were represented by the Mother's Right Foundation lawyer, Anna Mukaseeva.

5). On January 21, the Kaluga Region Court considered the cassation appeal filed by the Mother's Right Foundation  on behalf of Yekarina Petrovna and Nikolay Alexeyevich Zheludev, parents of a dead soldier. Their son, Sergey Zheludev, died in military service on September 23, 2004. At the moment of his death, his mother was 52 and his father was 55, thus they had the right to a loss-of-breadwinner pension. But they applied for the pension only when they got to know about the right to receive it. According to the Law, they should have been granted the pension for the 12 months preceding the application date. The parents applied to the Court, but on December 18, 2007, the Mosalsk District Court, Kaluga Region, denied the parents' claim. The Mother's Right Foundation filed a cassation appeal against the court's decision. The parents' interests were represented by the Mother's Right Foundation lawyer, Zarema Yusupova.

6). On January 22, the Luberetsk Garrison Court considered the complaint filed by the Mother's Right Foundation on behalf of Alexander Vasilievich Filippov from the Ulyanovsk Region. His son, Yevgeny Filippov (b, 1986), was called up to military service on  June 22, 2006, and served in Military Unit 83421, Moscow Region. There an unpleasant thing happened to him. He stood up for a soldier who was being beaten. That soldier was discharged from the Army; Yevgeny was taken to hospital with his jaw broken. After a training camp, he got to Military Unit 83420 (Moscow). On June 5, 2007, he died. The official version was ‘suicide'. But the parents did not believe it, because they were informed that Yevgeny had been constantly humiliated and beaten. Besides, he permanently asked his parents to send him money. The boy died in Military Unit 83421 (he was afraid of serving there) where he had arrived several days before his death. The Public Office of Prosecutor of the Luberetsk Garrison did not recognize the parents' victim status and made the Mother's Right Foundation file a claim on behalf of the Filippovs. Their interests were represented by the Mother's Right Foundation lawyer, Julia Larina. The trial was won: according to the court's decision, the denial of the Office of Public Prosecutor of the Luberetsk Garrison was considered illegal. The court obliged the Office to recognize the father's victim status.

7). On January 23, 24, the Volgograd Garrison Court considered the death case of Vasily Nikolayev (b. 1987) from the Tula Region. He was called up to military service on December 19, 2005, and served in Military Unit 86631, Volgograd Region. He died on May 25, 2006. The military officials told Tatiana Vladimirovna Nikolayeva, mother of the deceased, that he had committed suicide. But those who had known Vasily did not believe the version. The investigation found out that before his death, Vasily had had a conflict with the squad leader, Timur Aibulatovich Gabdulov (he bullied Nikolayev in the presence of witnesses). He was charged under article 286, s. 3, p. (a) and (b), of the RF CC (abuse of authorities). The mother's interests were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova. The trial was won: Gabdulov was pleaded guilty and sentenced to 3 years in a general regime colony. Military Unit 86631 was obliged to pay the mother of the deceased 200,000 roubles as compensation for moral damage caused by her son's death.

8). On January 24, 28, the Sovetsky District Court, Krasnodar, considered the claim filed by the Mother's Right Foundation on behalf of Svetlana Mikhailovna Bezryadina, widow of a dead serviceman. Her husband, Igor Bezryadin (b. 1964), was Assistant Commander of Military Unit No. 11580, Attack Plane Regiment. On April 29, 2002, he died in Chechnya. His Death Certificate ran thus‘...died in a flight operation.' Svetlana Mikhailovna was left alone with two children (19 y.o. daughter and 15 y.o. son). On January 1, 2005, after the notorious Monetization Law came into force, the Pension Fund Department stopped paying MPs to the widow and made us apply to the court. The widow's interests were protected by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the court obliged the Pension Fund Department to grant MPs to the widow, as well as to pay their debt.

9). On January 28, the Rostov Region Court (Rostov-on-Don) considered the defendants' cassation appeal against  the decision by the Leninsky District Court, Rostov-on-Don passed in favour of Galina Alexandrovna Mineyeva, mother of a dead soldier. Her son, Ruslan Mineyev (b. 1983), was called up to the Army from the Orenburg Region, and served in Military Unit 96722 (Samara). On March 25, 2004, he died in Chechnya when he served in Military Unit 23132, and his death was caused by the actions of the Chief of the Engineering Company, major S.N. Kudryavtsev. The latter decided to install 4 portable barrage mines (each within 5 minutes) on the wooden base in the pass control posts of Military Units 23132 and 96722. As a result, Ruslan died together with other ten (!!!) servicemen of both units; one stayed alive but was seriously wounded... The Grozny City Court considered the actions of Kudryavtsev as negligence (article 293, s. 2 and 3), but he paid no penalty because of the amnesty. The Mother's Right Foundation claimed that the unit pay the mother of the deceased one million roubles. On September 20, our claim was fully satisfied. But instead of apologizing to the mother of the deceased and carrying out the decision, Military Unit 23132 filed the second cassation appeal. The mother's interests were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova.

10). On January 28 and February 15, the Bereznikovsk Town Court, Perm Region, considered the claim filed by the Mother's Right Foundation on behalf of Valentina Petrovna Vasilieva, mother of a dead soldier. Her son, Maxim Vasiliev (b.1980), died from illness in the Army on December 24, 1998. The local Pension Fund Department denied the mother of the deceased of measures of social support on the ground that her son had not been killed but had died. The Mother's Right Foundation sent a letter of complaint to the court. The mother's interests were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva. The trial was won: the court obliged the defendant to recognize the mother's right to measures of social support and to give her a document confirming her right to these benefits, as well as to pay back 100 roubles she had paid when sending the application.

11). On January 29, the Moscow Region Court considered the cassation appeal filed by the Mother's Right Foundation on behalf of Irina Yevgenievna and Andrey Alexeyevich Gerasimov, parents of a dead serviceman. Their son, Alexey Gerasimov, was a student of the Saint-Petersburg Military Marine Institute. On June 8, 2005, he died in military service. In January 2006, the Central Department Pension Fund, No. 5, Moscow and the Moscow Region, denied the student's parents of monthly payments (MPs). The parents received a consultation by the Mother's Right Foundation, applied to the Khimki Town Court and won the case. But the Pension Fund Department knew no rest until its officials filed a cassation appeal. The Moscow Region Court considered it on July 26, 2007 and referred back to the Court of First Instance pointing out the drawbacks of the decision by the Khimki Town Court. Then the Pension Department took it as victory. The Mother's Right Foundation lawyers considered it the other way round: we thought that the Court of First Instance was ordered to consider the issues that had not been raised during the court session and to reflect it in its decision. Then the officials of the Khimki Town Court ‘got frightened': on December 3, 2007, during the retrial they changed their minds and denied the parents of satisfying their claim. We filed a cassation appeal against this decision. The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The case was won: the panel of judges cancelled the decision by the Khimki Town Court and referred the case to the Court of First Instance for retrial.

12). On January 31, the District Court of Suvorov Town, Tulsky Region, considered the claim filed by the Mother's Right Foundation on behalf of Tatiana Borisovna Pakhtina, mother of a dead soldier. Her son, Vitaly Pakhtin (b. 1960), was called up to military service on May 31, 2002, and served in Military Unit 77117. He died in military service on March 17, 2003. Because of her serious illness, Vitaly's mother is a disabled person (group 2). She lives on a disability pension. In March 2006, she applied to the local Pension Fund Department for a loss-of-breadwinner pension. But the Department denied the mother of the second pension. The Mother's Right Foundation appealed against the denial. The mother's interests were represented by the Mother's Right foundation lawyer, Tatiana Sladkova. The trial is in process.

13). On February 6, the Civil Panel of the Supreme Court of the Republic of Udmurtia (Izhevsk) considered the cassation appeal filed by the Mother's Right Foundation on behalf of Vyacheslav Nikolayevich Ermakov and Valentina Petrovna Ermakova, parents of a dead soldier. Their son, Mikhail Ermakov (b. 1985), was called to the Army on May 30, 2004, and served in Military Unit 35256. He died in military service on October 1, 2005.  The local Pension Fund Department denied the parents of the deceased of MPs though they had the right to receive them as parents of a serviceman, who had died in military service. In connection with the denial of the Pension Fund Department, we filed a claim on behalf of the parents of the deceased. On December 21, 2007, the Kiznersky District Court   (Rep. of Udmurtia) considered the claim and passed a denial decision and made the Mother's Right Foundation file a cassation appeal. The interests of the parents were represented by the Mother's Right Foundation lawyer, Zarema Yusupova.

14). On February 6, the Murmansk City Court considered the cassation appeal filed by the Mother's Right Foundation on behalf of Alexander Ivanovich Utkin, step-father of a dead serviceman. His step-son, Vitaly Mayorov (b. 1977), was called up to the Army on December 12, 1995, and served in Military Unit 21790. There he fell ill with meningitis and died in hospital on February 6, 1996. He died in military service. Alexander Ivanovich Utkin raised his step-son since he was nine. Vitaly did not know his own father. The Pension Fund Department of the Pervomaisky District, Murmansk City, denied Alexander Ivanovich of a loss-of-breadwinner pension in spite of the law. We filed a claim in the Pervomaisky District Court, Murmansk City, but on December 7, 2007, the court denied the claim. On behalf of Alexander Ivanovich, the Mother's Right Foundation filed a cassation appeal. His interests were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva.

15). On February 12, the 235 Garrison Court considered a hazing case at the assizes on the territory of Military Unit No. 41600. Alexander Vasilievich Klassen, captain of the unit, was charged with hazing. In this trial the Mother's Right Foundation represented the interests of the Zakharovs from Orenburg. The parents of Sergey Zakharov (b. 1988) applied to our Foundation after their son's death, which had happened on December 29, 2007. At first, they were told that their son had died from heart deficiency. Then it was found out that he had died because of the actions of Alexey Viktorovich Melnikov, captain of Military Unit 41600. He hit Sergey several times on reflex zones. Sergey died. He was a victim in the case of Klassen. It happened on the eve of the trial. The parents' interests were represented by the Mother's Right Foundation, Julia Larina. The trial was won: Klassen was pleaded guilty under article 286, p. (a) (abuse of authorities) and received a suspended sentence of 3 years.

16). On February 14, the Sverdlovsk Region Court considered the cassation appeal filed the 23 Military Medical Committee against the positive decision by the Leninsky District Court, Yekaterinburg, passed in favour of Natalia Viktorovna and Vladimir Alexeyevich Shutov, parents of a dead serviceman from Kirov. Their son, lieutenant Sergey Shutov (b. 1981), served as a contract serviceman in Military Unit 62977, Samara Region. On July 1, 2005, he died in service from a disease. His parents believe that their son could have survived if he had received medical treatment in time. According to the order of the commanding officer, Sergey Shutov died in military service. The same conclusion was recorded in the order issued by the commander of the 5 Army of MAF and ADF on July 20, 2005. But on January 22, 2007, the parents received the conclusion by the 23 Military Medical Committee, which stated that Sergey had fallen ill ‘during his military service'. Because of the different wordings, they stopped paying a loss-of-breadwinner pension to the parents. On behalf of the parents of the deceased, the Mother's Right Foundation filed a claim against the decision by the 23 Military Medical Committee and won the case on December 27, 2007. But the 23 Military Medical Committee filed a cassation appeal against the decision. The parents' interests were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva.

17). On February 20 and March 21, the Leninsky District Court, Samara City, considered the claim filed by the Mother's Right Foundation on behalf of Tamara Vasilyevna and Alexander Valentinovich Voropayev, parents of a dead serviceman. Their son, Roman Voropayev was called up to military service on June 21, 2004, and served in Military Unit 25642, Main Intelligence Directorate. On May 5, 1995, he was killed in the battle against a bandit group in the Vvedensky District, Chechnya. In October 2006, the local Pension Fund Department denied the parents of their MPs. The Central Pension Fund Department of the Samara Region sent a letter where the officials explained that they had stopped paying MPs because the parents had not yet reached the pension age. On September 24, 2007, the Mother's Right Foundation won the case in the Court of First Instance but the Department filed a cassation appeal. The decision was cancelled on technical (procedure) grounds, and the Court of First Instance had to review the case. The parents' interests were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the court obliged the defendant to recognize the parents' right to measures of social support, to grant them MPs and pay the debt -  over 10000 roubles to each of them.

18). On February 20-21, the Ryazan Garrison Court considered the claim filed by the Mother's Right Foundation on behalf of the parents of a dead soldier, Marat Gizatullin (b. 1986), from Bashkortostan. He was called up to military service on June 29, 2005, and served in Military Unit 41450. He had served 7 months when his parents received a letter informing that on January 10, their son left the unit without permission (in the course of the trial the date varied). For 3 weeks, the father tried to find Marat in Ryazan but failed to. On April 12, the Military Commissariat received a letter from the unit. It informed that Marat Gizatullin was found hanged not far from the unit. The Ryazan Garrison Court investigated the case of Marat Gizatullin with numerous violations. Marat's parents were not recognized as victims. The case was closed, the guilty were not found. All this made us file an appeal against the decision passed by the investigator of the Office of Military Prosecutor of the Ryazan Garrison. The parents' interests were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva. The trial was won: the investigator's decision was considered illegal and cancelled; the case is to be retried.

19). On February 21, the Tula Region Court considered a cassation appeal filed by the Mother's Right Foundation on behalf of Irina Ivanovna Belokopytova, mother of a dead soldier. Her son, Sergey Belokopytov (b. 1985), was called up to military office on November 23, 2003, and served in Military Unit 93723, ALF. On August 30, 2004, he died. The mother was told that her son had supposedly ‘committed suicide'. She knew about hazing in the unit where her son had served. The Mother's Right Foundation demanded that the commanding officer of the unit change his order - exclude the name of Sergey Belokopytov from the list of the unit servicemen and mention the fact that the soldier had died in military service. We sent the same request to the Chief of Staff of the ALF of the RF and received an answer informing us that they had ordered to change the order. And really the Military Commissariat received a new order stating that Sergey Belokopytov had died in military service. But they made mistakes in the document, so the Commissariat sent it to the unit to be made over. Soon they received a new variant. This time, they stated that the death of Sergey Belokopytov ‘was not connected' with his service. The trial in the Yefremov Town Court lasted from March to September, 2007 and ended with the decision denying the mother's claim. The Mother's Right Foundation filed a cassation appeal against the denial of the Court of First Instance. The mother's interests were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova. The trial was won: the decision of the Court of First Instance was cancelled, and the case was referred for retrial.

20). On February 28, the Chaikovsky Town Court considered the claim filed by the Mother's Right Foundaton on behalf of Tatiana Yurievna and Alexander Gennadievich Kargashin, parents of a dead serviceman. Their son, Yevgeny Kargashin served in Military Unit 51286, Russky Island, Primorsky Krai. On June 13, 2007, he died because his immediate superior, Igor Gavrilov, punched him on the neck. His death was connected with his military service. On October 22, the local Department of the Ministry of Social Development and Welfare of the Chaikovsky District, Perm Region, denied the Kargashins of their right to measures of social support. On behalf of the parents, the Mother's Right Foundation filed a claim. The parents' interests were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the court recognized the Kargashins' right to measures of social support and obliged the defendant to grant these measures from the date of their first application.

21). On February 29, the Nizhegorodsky District Court, Nizhny Novgorod, considered the claim filed by the Mother's Right Foundation on behalf of Tatiana Anatolievna Zhidkova, mother of a dead serviceman. Her son, Dmitry Zhidkov (b. 1981), served as a captain in the 45 Reconnaissance Regiment. In August 19, 2005, he was sent to Chechnya. On August 19, 2005, he died in a battle saving his reconnaissance group. On October 9, 2006, he was awarded the title of the Hero of the Russian Federation. According to the Law, the mother has the right to receive an increased loss-of-breadwinner pension. This pension is twice larger than an ordinary one. But the Military Commissariat, Nizhny Novgorod Region, denied Tatiana Anatolievna of an increased loss-of-breadwinner pension. The Mother's Right Foundation filed a claim. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva. The trial was won: the court obliged the defendant to grant an increased loss-of-breadwinner pension to the mother of the deceased and to recalculate it from the moment of granting, i.e. October 2007.

22). On March 3 and 4, the Apsheronsky District Court, Krasnodar Region, considered the claim filed by the Mother's Right Foundation on behalf of Lubov Anatolievna Petrenko, mother of a dead serviceman. Her son, Anatoly Glebov (b. 1987), was called up to military service on April 25, 2005, and served in Military Unit 3753, Chechnya. On August 24, 2006, he died in military service. The Pension Fund Department of the Apsheronsky District denied the mother of the deceased of measures of social support, i.e. monthly payments (MPs) on the ground that she was able to work. But according to the Federal Law ‘On Veterans', the mother of the deceased had the right to receive these payments irrespective of her ability to work. On behalf of Lubov Anatolievna, the Mother's Right Foundation filed a claim. The mother's interests were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva. The trial was won: the court obliged the defendant to grant MPs to the mother of the deceased; the Pension Fund Department of the Apsheronsky District was obliged to pay the debt (3827 roubles 10 kopeks).

23). On March 4, the Mezensky District Court, Arkhangelsk Region, considered the claim filed by the Mother's Right Foundation on behalf of Vasily Petrovich Burmakin and Tatiana Kirillovna Vodynina. Their son, Pavel Burmakin (b. 1983), was called up to military service on June 2, 2003, and served in Military Unit 32333. He died in military service on December 31, 2003. The Department of Social Security Service, Mezensky District, denied the parents of a document confirming their right to measures of social support. On behalf of the parents, the Mother's Right Foundation filed a claim. The parents' interests were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the court obliged the defendant to recognize the parents' right to measures of social support and give them corresponding certificates.

24). On March 5, the Domodedovsky District Court, Moscow Region, considered the application for the establishment of the legal fact filed by Nikolay Nikolayevich Doroshenko, father of a dear serviceman. His son, Konstantin Doroshenko (b. 1971), was called up to military service on June 20, 1991. He served as a junior sergeant in the 365 Training Centre of the Housing Department of the RF Ministry of Defense, Chita. On December 28, 1991, he died from a disease caught in the Army. The father received a certificate stating that Kostya had died ‘during his call-up service'. Such wording is an obstacle for the father to realize his right to measures of social support. The Mother's Right Foundation filed a claim for stating the fact that Konstantin Doroshenko ‘had died in military service'. The interests of the father of the deceased were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova. The trial was won: according to the court decision, Konstantin Doroshenko died in military service.

25). On March 11, the Chertanovsky District Court, Moscow, considered the claim filed by the Mother's Right Foundation on behalf of Valentina Petrovna Shustova. Her son, Yevgeny Shustov (b.1986), was called up to military service on November 26, 2004, and served in Military Unit 54607. There he signed a contract and was sent to Chechnya. On July 4, 2006, Yevgeny died in battle. His mother's health worsened after his death. She was recognized as a disabled person (group 2) and was granted a disability pension. In November 2007, the mother of the deceased applied to the United Military Commissariat of Moscow with the request to grant her a loss-of-breadwinner pension (according to the Law, she has the right to this pension as the second one). But the Commissariat denied her application. The Mother's Right Foundation filed a claim. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the court obliged the defendant to grant the mother a loss-of-breadwinner pension as the second pension. 

26). On March 12, 27 and April 22, the Klin Town Court, Moscow Region, considered the claim filed by the Mother's Right Foundation on behalf of Nadezhda Vladimirovna and Sergey Nikolayevich Trofimov, parents of a dead serviceman. Their son, Artem Trofimov (b. 1981), was called up to military service on December 30, 1999, and served in Military Unit 88612, Moscow Region. On January 26, 2000, he died in hospital from pneumonia. The Central Pension Department 23, Moscow and the Moscow Region, denied the parents of the deceased of MPs (monthly payments) on the grounds that their son ‘had not been killed but had died', as well as of a loss-of-breadwinner pension (200% of a basic service pension). On behalf of the parents of the deceased, the Mother's Right Foundation filed a claim against the illegal decision by the Pension Fund Department. The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva. The trial was won, and the court passed a precedent decision: it obliged the defendant to pay MPs; to recognize the parents' right to a loss-of-breadwinner pension (200% of the basic part of a service pension); to pay the debt; also to pay the interests of the debt.

27). On March 12-13, 21, and April 1, the Sertolov Garrison Court, Leningrad Region, considered the death case of Sergey Zavialov (b. 1984) from Vologda. Sergey was called up to military service on June 23, 2005, and served in Military Unit 11255, Sertolov, Leningrad Region. On May 5, 2007, he died in

the neurosurgery clinic of the  Military Medical Academy, Saint-Petersburg, from grave injuries caused by the criminal actions of his fellow serviceman, Dmitry Kochkov. Kochkov was charged under article 334, s. 2, p.(c), and article 111, s. 4, of the RF CC (this article was excluded from the imputation of the crime). The interests of Nadezhda Borisovna Zavialova were represented by the Mother's Right Foundation lawyer, Julia Larina. The trial was won: Kochkov was pleaded guilty and sentenced to 6 years in a general regime colony. The Military Unit was obliged to pay 1 million roubles to the mother of the deceased as compensation for moral damage caused by her son's death.  

28). On March 13, the Supreme Court of the RF considered the claim filed by the Mother's Right Foundation on behalf of Nina Alexandrovna Kashina from the Sverdlosk Region. Her son, Dmitry Kashin (b. 1975), was called up to military service on January 8, 1994, and served in Military Unit 29709. He was sent to Chechnya and died (he was burnt in an infantry combat vehicle) in military service on December 31, 1994. On behalf of the mother of the deceased, the Mother's Right Foundation insisted on recognizing the fact that Act No. 313 of May 27, 2006 ‘Regulations on Repairs of Houses Belonging to Servicemen's Families that Lost Breadwinners' did not satisfy the requirements stipulated in the Federal Law ‘On Veterans'. The matter is that this Act does not treat parents of dead servicemen as members of their families. Thus, Nina Alexandrovna can't realize her right to house repairs paid for by the state. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova.

29). On March 18, the Moscow City Court considered the cassation appeal by the FPS against the decision passed by the Tverskoy District Court, Moscow, in favour of Ludmila Dmitrievna and Andrey Ivanovich Strugov from Saint-Petersburg. Their son, Igor Andreyev (b. 1986), was called up to military service on April 28, 2004. He served in Military Unit 1005-G (the President Regiment). There he was constantly humiliated: they beat him and extorted money from him. In March 2005, his fellow serviceman, R.O. Romadov, beat Igor because the latter had no money (the fact was confirmed by witnesses). On June 22, 2005, together with other servicemen of Military Unit 1005 Igor was transferred to Military Unit 51212, Sevastopol. They went there by train ‘Moscow-Sevastopol'. On June 23, 2005, the conductor found Igor Andreyev hanged with a belt noose fastened to a water-supply tube. On November 30, the Tverskoy District Court, Moscow, satisfied the compensation claim filed by the Mother's Right Foundation on behalf of the family: the Ministry of Finance was obliged to pay 900,000 roubles to the family of the deceased. But the FPS and Military Unit 1005 did not agree with the court decision and filed a cassation appeal. The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova. The trial was won: the cassation appeal was denied and the decision of the Court of First Instance remained unchanged.

30). On March 18, the Moscow Region Court considered the cassation appeal filed by the Mother's Right Foundation on behalf of Larisa Stepanovna Savrasova. Her son, Stepan Konyaev (b. 1986), was called up to military service on June 27, 2005, and served in Military Unit 2446. He died in military service on October 28, 2005. On December 6, 2005, his mother received a Benefit Certificate. The next day, she applied to the Pension Fund Department of Vostochnoye Degunino, Moscow, with the request to inscribe her in the Federal Register of persons who had the right to measures of social support in the form of a social package and MPs. On January 20, 2006, Pension Fund Department No. 5, Moscow, denied her application. We filed a claim in the Khimki Town Court but on September 5, 2007, it denied the mother's claim. The Mother's Right Foundation appealed to the Second Instance. The interests of Larisa Stepanovna Savrasova were represented by the Mother's Right Foundation lawyer, Zarema Yusupova.

31). On March 19, the Altai Region Court considered the cassation appeal filed by the Mother's Right Foundation against the decision by the Uglovsky District Court, Altai Region, denying the claim by the mother of a dead serviceman, Maria Leontievna Platonova (see p. 4). The Mother's Right Foundation filed a claim to defend the mother's right to two pensions. On January 16, 2008, the court denied the mother's claim. We filed a cassation appeal against this decision. The interests of Maria Leontievna Platonova were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva.

32). On March 26-28, the 101 Garrison Court, Orenburg, at the assizes in the premises of the Nizhny Tagil Garrison Court, Nizhny Tagil, Sverdlovsk Region, considered the death case of Nikolay Ishimov (b. 1986) from the Chelyabinsk Region, who had died in Military Unit 58612 (Missile Forces). On August 20, 2007, drunken warrant officer, Vladimir Bazelev, fired point-blank at Kolya in the presence of his fellow servicemen. Bazelev was charged under article 349, s. 2 (reckless use of firearms resulting in death) and article 344 (Violation of the Regulations on the Internal Service and Patrolling in a Garrison). The interests of the family were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: Bazelev was sentenced to 3 years and 4 months in a penal colony.

33). On March 27, the Moscow City Court considered the cassation appeal filed by the Mother's Right Foundation on behalf of Lidia Nikolayevna Kabanova, mother of a dead serviceman. Her son, Pavel Chuikov (b. 1987) served and died in Military Unit 51368 (see p. 2). On behalf of the mother of the deceased, the Mother's Right Foundation filed a claim for her right to measures of social support, but on December 21, 2008, the Kuzminsky District Court, Moscow, denied her claim. The Mother's Right Foundation filed a cassation appeal against the court decision. The mother's interests were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova.

34). On April 4, the Moscow Circuit Court considered the cassation representation by Y.V. Trubnikov, Military Prosecutor of the Ryazan Garrison, against the decision of February 21, 2008 passed by the Ryazan Garrison Court in favour of the parents of Marat Gizatullin (b. 1986) from Bashkortostan, and the Foundation's objections  to this representation (see p. 17). The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva. The trial was won: according to the decision of the panel of judges, the judgment by the Court of First Instance remained unchanged; the cassation representation by the Military Prosecutor of the Ryazan Garrison was denied.

35). On April 7, Military Garrison Court 94 considered the death case of Aidar Mratov. He served in Military Unit 02014, Moscow. He died on December 26, 2007: drunken fellow serviceman, Konstantin Kurashov, ran him over with an Ural car. The interests of the family of the deceased were represented by the Mother's Right Foundation lawyers, Tatiana Sladkova and Anna Mukaseyeva. The trial was won: Kurashov was pleaded guilty under article 350, s. 2, of the RF CC and sentenced to 18 months in a disciplinary military unit; also he was deprived of the right to drive any type of vehicle during 18 months. 

36). On April 10, 14, the 235Military Garrison Court at the assizes on the territory of Military Unit 41600, Domodedovsky District, Moscow Region, considered the death case of Sergey Zakharov (b. 1988) from Orenburg (see p. 14). The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova. The trial was won: the accused, Melnikov, was pleaded guilty and sentenced to 5 years in a general regime colony.

37). On April 11 and May 8, the Istra Town Court, Moscow Region, considered the claim filed by the Mother's Right Foundation on behalf of Tatiana Ivanovna and Gennady Mikhailovich Kostitsyn, parents of a dead serviceman. Their son, Mikhail Kostitsyn, was called up to military service on November 15, 1987, and served in Military Unit 58361.  He died in the Burdenko hospital on April 17, 1989. The Social Security Department of the Moscow Region denied the parents of the deceased of their right (according to the law ‘On Veterans') to measures of social support. On behalf of the parents, the Mother's Right Foundation filed a claim. The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva. The trial was won: the defendant recognized the Foundation's claim; the court passed the decision recognizing the parents' right to measures of social support.

38). On April 16 and May 5, the Oktyabrsky District Court, Ivanovo Town, considered the claim filed by the Mother's Right Foundation on behalf of Yevgeny Nikolayevich Avdeyev. His son, Oleg Avdeyev (b. 1973) served in Military Unit 59826, Ivanovo Region. On August 12, 1992, he died in military service. According to the law ‘On Veterans', the father of the deceased had the right to MPs. Every month he receives 741 roubles 81 kopeks.  But he should have received more - 1854 roubles because earlier (social support in the form of in-kind benefits) he had the benefits equal to those of World War Two participants. The father sent an application to the local Pension Fund Department, but his application was denied. On his behalf, the Mother's Right Foundation filed a claim. The father's interests were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the court recognized the father's right to an increased MP (equal to that of a participant of World War Two).

39). On April 17, the Sverdlovsk Region Court considered the cassation appeal filed by the Central Pension Department of Revda Town and Degtyarsk Town against the decision passed by the Revda Town Court, Sverdlovsk Region, in favour of the mother of a dead serviceman, Marina Vissarievna Kashafutdinova. Her son, Sergey Ponomarev (b. 1981), was called up to military service on June 18, 1999, and served as a sailor in Military Unit 69233, Leningrad Region. He was missing on March 10. On May 17, 2007, the Revda Town Court recognized that he had died military service. After the decision came into force, as a mother of a dead serviceman, Marina Vissarievna received a certificate confirming her right to measures of social support in the Revda Social Insurance Department. On June 18, 2007, she applied to the local Pension Department for her MP that should have been paid according to the Law. But the Pension Department denied her application. Then, the Mother's Right Foundation filed a claim. On November 29, 2007, we won the case, but the Pension Department filed a cassation appeal. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva. The trial was won: the decision of the Court of First Instance remained unchanged; the defendant's cassation appeal was denied.

40). On April 7 and June 5, 16, 17, the Maikop Town Court, Rep. of Adygeya, considered the claim filed by the Mother's Right Foundation on behalf of Roza Zuberovna Khalishkhova, mother of a dead serviceman from Kabardino-Balkaria, against the Military Unit and the Ministry of Defense of the RF. Her only son, Albert Khalishkhov (b. 1974), was called up to military service in November 1993, and served in Military Unit 09332, Maikop Town.  On January 1, 1995, the 131 Separate Motor Rifle Brigade, with Albert Khalishkhov among them, had a battle in Grozny, Chechnya. There Albert was missing. Roza Zuberovna did not receive any official information (but the mass media informed that the Maikop Brigade was annihilated on the New Year night in Grozny) and had to go to Chechnya to find her son. Her search lasted 5 years and it was a long way of suffering. Albert's grieving father died because of the constant stresses caused by his son's disappearance. Roza Zuberovna was left alone and in pain. In Chechnya, she was wounded, captured by bandits and tried... Now she is a disabled person (group 2). She has no other children or grandchildren. The Mother's Right Foundation demanded that the mother of the deceased be paid compensation for moral damage. The interests of Roza Zuberovna Khalishkhova were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova. The trial was won: the Ministry of Defense was obliged to pay the mother of the deceased 200,000 roubles as compensation for moral damage.

41). On April 23, the Samara Region Court considered the cassation appeal filed by the Pension Department against the decision passed by the Leninsky District Court, Samara City, in favour of the parents of a dead serviceman, Tatiana Vasilievna and Alexander Valentinovich Voropayev (see p. 17). The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the decision by the Court of First Instance remained unchanged; the defendant's cassation appeal was denied.

42). On April 24, the Perm Region Court considered the cassation appeal filed by the Territory Department of the Ministry of Social Development in Berezniki Town against the decision passed by the Berezniki Town Court in favour of the mother of a dead serviceman, Valentina Petrovna Vasilieva (see p. 9). On February 15, the Mother's Right Foundation lawyer, Anna Mukaseyeva, defended the mother's right to measures of social support in the Berezniki Town Court but the Territory Department of the Ministry of Social Development in Berezniki Town filed a cassation appeal against this decision. The interests of the mother of the deceased were represented by the Mother's Right Foundation, Anna Mukaseyeva.

43). On April 25, the Moscow Circuit Court considered the cassation appeal filed by the Mother's Right Foundation on behalf of Rimma Valentinovna Zakharovna against the decision passed by the 235 Garrison Court on February 12, 2008. It was the case of Alexander Vasilievich Klassen, captain of Military Unit 41600, who was charged with hazing his subordinate sergeants. Sergey Zakharov (see p.p. 14 and 35) was one of the victims in the case. The interests of the family were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova.

44). On April 25, and June 9, 18, 24, the Elektrostal Town Court, Moscow Region, considered the claim filed by the Mother's Right Foundation of behalf of the widow of a dead serviceman, Elena Yurievna Belonozhkina. Her husband, Nikolay Ivanovich Belonozhkin, was a contract major. He died in military service on August 31, 1998. After his death, Elena Yurievna was left alone with two children - Nikita (b.1993) and Anton (b. 1987). The Central Pension Department, No. 19, Moscow and Moscow Region, denied Elena Yurievna of monthly payments which she should have received as widow of a serviceman who had died in military service. Besides, the Pension Fund Department stopped paying monthly payments for her younger son, Nikita. The Social Insurance Department of Elektrostal Town notified Elena Yurievna that her certificate confirming that she was a member of a dead serviceman's family ‘had lost validity' and should be returned. The Mother's Right Foundation filed a claim on behalf of the widow and her son. The widow's interests were represented by the Mother's Right Foundation lawyer, Zarema Yusupova.

45). On April 29, the Moscow Region Court considered the cassation appeal by RF PFD No. 26, Moscow and Moscow Region, against the decision by the Domodedovo Town Court, Moscow Region, confirming the legal fact of the death of Konstantin Doroshenko, serviceman who had died in military service. The application for establishment of the legal fact was filed by the Mother's Right Foundation on behalf of Nikolay Nikolayevich Doroshenko, father of the deceased. His son, Konstantin (b. 1971), was called up to military service on June 20, 1991 (see p. 24). The interests of the father of the deceased were represented by the Mothers Right Foundation lawyer, Anna Mukaseyeva. The trial was won: the decision of the Court of First Instance remained valid, the cassation appeal was denied.

46). On April 29, May 22, June 3, the Efremov Town Court, Tula Region, considered the claim filed by the Mother's Right Foundation on behalf of Irina Ivanovna Belokopytova, mother of a dead soldier. Her son, Sergey Belokopytov (b. 1985) was called up to military service on November 23, 2003, and served in Military Unit No. 93723, ALF (see p. 19). The Mother's Right Foundation demanded that the commanding officers issue an order excluding the name of Sergey Belokopytov from the list of the unit's servicemen and confirming the fact that he had died in military service. The trial was completed: the parties came to an agreement according to which the commanding officers were obliged to issue an order excluding the name of Sergey Belokopytov from the list of the unit's servicemen and confirming the fact that he had died in military service.

47). On April 30, the Kuyurgazinsky District Court, Rep. of Bashkortostan, considered the claim filed by the Mother's Right Foundation on behalf of Elena Nikolayevna Ustyuzhanina, mother of a dead serviceman. Her son, Sergey Tsukanov (b. 1983), served in Military Unit 26381, Amur Region. On January 10, 2007, he died in military service. The Social Insurance Department, Kuyurgazinsky District, Rep. of Bashkortostan, denied the mother of the deceased of a certificate confirming her right to measures of social support, as well as of granting these measures. The Mother's Right Foundation filed a claim. The interests of the mother of the deceased were protected by the Mother's Right Foundation lawyer, Zarema Yusupova.

48). On May 7, 12, 13, 19, 20, the Luberetsk Garrison Court considered the death case of Yevgeny Filippov from Ulyanovsk. He died in Military Unit 83420, Moscow Region, on June 5, 2007 (p. 6). The interests of the family of the deceased were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova. The trial was completed: Konstantin Roslov, Yevgeny Filippov's fellow serviceman, was pleaded guilty under article 335 (hazing with grave consequences). Roslov was sentenced to 5 years of imprisonment.

49). On May 15, 29 and June 5, the North Caucasus Military District Court considered the cassation appeal against the decision of January 24 passed by the Volgograd Garrison Court in the death case of Vasily Nikolayev (b. 1987) from the Tula Region (see p. 7). According to the court decision, Timur Gabdulov was pleaded guilty and sentenced to 3 years of imprisonment. Military Unit 86631 was obliged to pay the mother of the deceased 200,000 roubles. But neither Gabdulov nor Military Unit agreed with the decision: they filed cassation appeals. Gabdulov took the decision as severe; the Military Unit did not want to pay for the homicide. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva. The trial was won: the decision of the Court of First Instance remained unchanged; the defendant's and the unit's cassation appeals were denied.

50). On May 15, 30, the Leningrad Military District Court considered the presentation of the Office of the Public Prosecutor on the judgment passed by the Sertolov Garrison Court on April 1 in the death case of Sergey Zavialov (b. 1984) from Vologda. (See p. 27.) Kochkov was sentenced to 6 years of imprisonment. Besides, according to the court's decision, Military Unit 11255 was obliged to pay the mother 1 million roubles as compensation for moral damage caused by her son's death. The public prosecutor considered that article 111, s.4, (excluded from the charge by the Court of First Instance) should have been applied to Kochkov, that the sentence should have been more severe. He filed a cassation appeal in the Leningrad Military District Court. The advocate of the defendant also filed a cassation appeal because he considered the sentence too severe. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova. The trial was won: the decision of the Court of First Instance remained unchanged.

51). On May 16. 26, the Leninsky District Court, Nizhny Tagil, considered the claim filed by the Mother's Right Foundation on behalf of Galina Ilyinichna Almayeva, mother of a dead serviceman. Her son, Ilya Almayev (b. 1988), was called up to Military Unit 42791, and died on May 5, 2007. At the moment of her son's death, Galina Ilyinichna was 56, and had the right to a loss-of-breadwinner pension. The Pension Fund Department of Nizhny Tagil and Prigorodny District, Sverdlovsk Region, granted her pension from the date of her application, August 1, 2007. But according to the Law, Galina Ilyinichna had had this right since May. The Mother's Right Foundation filed a claim. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the court obliged the defendant to pay the debt (7677 roubles) to the mother of the deceased.

52). On May 4, 19, the Leninsky District Court, Penza, considered the application for establishment of the legal fact of the death of a serviceman filed by Antonina Stepanovna Safonova. Her son, Igor Safonov (b. 1957), was called up to military service in May 1977. On September 23, 1977, he died in the hospital of Military Unit 63632 (he was sent there by the commanding officer of Military Unit 62619) from purulent cerebrospinal meningitis. Nobody gave her his death certificate, she was informed orally. On behalf of the mother of the deceased, the Mother's Right Foundation filed an application for establishment of the legal fact that Igor Safonov had died in military service. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva.

53). On May 27, the Moscow Region Court considered the cassation appeal filed by the Pension Fund Department against the decision passed by the Khimki Town Court in favour of the parents of a dead serviceman, Irina Yevgenievna and Andrey Alexeyevich Gerasimov (see p. 11). The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the decision of the Court of First Instance remained unchanged; the cassation appeal was denied.

54). On May 27, June 5, 20, and July 1, the Luberetsk Garrison Court considered the death case of Nikolay Fedotov from the Rep. of Komi. He served his call-up term in Military Unit 63184, Moscow Region. He died on November 8, 2007: a cannon shell exploded in his hands. According to the case materials, on November 8, 2007, a captain of Military Unit 63184, Andrey Viktorovich Gerasimov, ordered Nikolay Fedotov and Roman Yazykov to accomplish a dangerous work - to unscrew the cannon plugs. Yazykov and Fedotov were not qualified for this work. Besides, the Law bans to involve call-up soldiers in such work.  As a result of the explosion, Nikolay Fedotov was killed and Roman Yazykov was wounded. Gerasimov was charged under article 286, s. 3, p. (c), of the RF CC (exceeding one's authorities with grave consequences). The interests of the family of the deceased were represented by the Mother's Right Foundation lawyer, Julia Lebedeva. The trial was won: Gerasimov was pleaded guilty and received a suspended sentence of 4 years of imprisonment.

55). On May 29, the Cassation Panel of the RF Supreme Court considered the cassation appeal filed by the Mother's Right Foundation against the decision passed by the RF Supreme Court on March 13, 2008 in connection with the application by Nina Alexandrovna Kashina, mother of a dead serviceman from the Sverdlovsk Region. Her son, Dmitry Kashin (b. 1975), was called up to military service on January 8, 1994, and served in Military Unit 29709. He was sent to Chechnya where he died in military service in December 1994 (burnt in IFM). On behalf of the mother of the deceased, the Mother's Right Foundation demanded to recognize that Decree No. 313 of May 27, 2006 ‘Regulations on Repairs of Houses Belonging to Servicemen's Families that Lost Breadwinners' did not satisfy the requirements stipulated in some Federal Laws and codes. The matter is that this decree does not consider parents as members of dead servicemen's families. Thus, Nina Alexandrovna has no right to house repairs paid by the state. On March 13, 2008, the court denied the mother's claim. We filed a cassation appeal against this decision. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova.

56). On May 30, the 3 Military District Court considered the cassation appeal filed by the advocate of the defendant, Kurashov, against the decision passed by the 94 Garrison Court in the death case of Aidar Mratov (see p. 35). The advocate of the defendant considered the sentence too severe (18 months in a disciplinary battalion) and asked to cancel it. The interests of the family of the deceased were represented by the Mother's Right foundation lawyer, Anna Mukaseyeva. The trial was won: the decision of the Court of First Instance remained unchanged; the advocate's cassation appeal was denied.

57). On June 2, the Kuzminsky District Court, Moscow, considered the claim filed by the Mother's Right Foundation lawyers on behalf of Lidia Nikolayevna Kabanova, mother of a dead serviceman. Her son, Pavel Chuikov (b. 1987), served and died in Military Unit 51369 (see p. 2). On behalf of the mother of the deceased, the Mother's Right Foundation filed a claim for her right to measures of social support (see p. 33). The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova.

59). On June 2, the Uporovsky District Court, Tyumen Region, considered the claim filed by the Mother's Right Foundation on behalf of Maria Dmitriyevna Potanina, mother of a dead serviceman. Her son, Sergey Potanin (b. 1977), served in Military Unit 51436, Amur Region where he died on June 25, 1996. According to the Law, Maria Dmitriyevna has had the right to a loss-of-breadwinner pension since April 15, 2004. But she learnt about her right only in December 2006, when she applied to the Mother's Right Foundation for a consultation. She sent an application to the local Pension Department. According to the Law, she should have received a loss-of-breadwinner pension for the 12 months preceding the date of her application, but the Pension Department of the Uporovsky District, Tyumen Region, denied the mother of these payments in order to save money. The Mother's Right Foundation filed a claim. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva.

59). On June 3, the Chertanovsky District Court, Moscow, considered the application for restoring the term of the cassation appeal and suspending execution of the decision filed by the Chertanovsky Military Commissariat in favour of Valentina Petrovna Shustova, mother of a dead serviceman. Her son, Yevgeny Shustov (b. 1986), was called up to the Army on November 26, 2004, and served in Military Unit 54607 (see p. 25). The United Military Commissariat of the SAD, Moscow, denied her of a loss-of-breadwinner pension as the second pension. On her behalf, the Mother's Right Foundation filed a claim and won the case on March 11, 2008. The Military Commissariat which had skipped the court session and missed the term of cassation, recollected and filed an application for restoring the term of the cassation appeal. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova.

60). On June 6, the Moscow Military District Court considered the cassation appeal filed by the Mother's Right Foundation and the cassation appeal by the advocate of A.V.Melnikov, captain of Military Unit 41600 and the defendant sentenced (article 286 - abuse of authorities) to 5 years of imprisonment in the death case of Sergey Zakharov (b. 1988) from Orenburg (see p.15, 36, 43). We got acquainted with the case record and discovered that the procedure of the recall of the claim (against the accused and on the request of the investigator) had been drawn up as renunciation of claims (the difference between the recall and the renunciation is principal: the family won't be able to file a claim for compensation of moral damage). The Foundation filed a claim against this issue. The advocate also filed a cassation appeal insisting that the defendant was not guilty (the Foundation lawyer objected to this claim). The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova. The trial was won. The advocate's cassation appeal was denied, the claims of the cassation appeal by the Mother's Right Foundation were satisfied: the decision of the Court of First Instance on discontinuation of the civil suit was cancelled.

61). On June 11, the 3 Military District Court considered the cassation appeal filed by the Mother's Right Foundation against the decision of the 101 Garrison Court (Orenburg) passed in the death case of Nikolay Ishimov (b. 1986) from the Chelyabinsk Region (at the assizes in the premises of the Nizhny Tagil Garrison Court, March 27, 2007 - see p. 32). Warrant officer Vladimir Bazelev accused in his death was sentenced to 3 year 4 months in a penal colony. The Mother's Right Foundation filed a cassation appeal: we considered the sentence too mild and unfair and demanded that it be cancelled. The interests of the family of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the panel of judges decided to cancel the decision of the Court of First Instance.

62). On June 17, the Moscow City Court considered the claim filed by the Mother's Right Foundation against the decision of December 13, 2007 passed by the Tverskoy District Court on behalf of Tatiana Petrovna and Oleg Vladimirovich Osetrov, parents of a dead serviceman. Their son, Vladimir Osetrov, was called up to the Army on June 28, 2004. He was called up for a year after his studies at the university. He served in Military Unit 3422, Moscow Region. On April 9, 2005, Volodya was beaten to death by his drunken fellow servicemen. For the parents, his death was just the first circle of hell. Before the trial (on October 27, 2006, the Solnechnogorsk Garrison Court passed the decision: Kabanov was sentenced to 8,5 years of imprisonment; Novikov - to 9 years in a strict regime colony) the parents' communication with the investigation bodies and courts of the RF was like hell. Before this trial, they had to pass through 5 trials (!) - they demanded that the defendants' actions be qualified under article 111, s. 4, of the RF CC. The Office of Public Prosecutor of the Korolev Garrison Court did not do it; when Volodya's parents called the investigator's and prosecutor's attention to ‘the omission', the latters did their best to counteract them. The Osetrovs passed through numerous denials. Together with the Mother's Right Foundation, they appealed them in the courts of all instances. Two times we won the case in the Supervising Court. The imperfect and unqualified investigation and the sufferings of the Osetrovs who lost their last health in the battle against the courts made us file a compensation claim so that the Ministry of Defense pay the parents of the deceased for the moral damage caused by the actions of the Office of the Public Prosecutor of the Korolev Garrison Court. At first, the claim was filed in the Presnensky District Court, Moscow. On April 10, after several sessions (February 7, March 2, 15, and April 10, 2007), the Presnensky Court denied the claim on the ground that the Ministry of Defense could not be considered as a defendant. On June 21, the Moscow City Court, where we filed our cassation appeal, decided to leave the decision passed by the Court of First of First Instance unchanged on the ground that it was the Ministry of Finance that should be considered as defendant. Then we filed a claim against the Ministry of Finance. The Tverskoy District Court considered it on September 26, October 16, November 14, December 13, 2007. And then they denied the claim. The Mother's Right Foundation filed a cassation appeal against the denial. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova.

63). On June 18, the Civil Panel of the Ivanovo Region Court considered the cassation appeal filed by the Pension Fund Department of Ivanovo, Kokhma and the Ivanovsky Municipal District, Ivanovo Region, against the positive decision of May 6, 2008 passed by the Oktyabrsky District Court, Ivanovo, in favour of Yevgeny Nikolayevich Avdeyev, father of a dead serviceman (see p. 38). The father receives a monthly payment of 741 roubles 81 kopeks, according to the law ‘On Veterans'. But according to the Law, he should have received more (1854 roubles) because earlier (before the ‘Monerization Law') his benefits had been equal to those of World War Two veterans. The father of the deceased applied to the local Pension Department but was denied. On behalf of the father, the Mother's Right Foundation filed a claim and won the case. But the Pension Fund Department decided to struggle up to the end for the kopeks belonging to the father of a dead serviceman and sent a cassation appeal to the court of higher instance. The interests of the father were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the panel of judges decided to leave the decision by the Court of First Instance unchanged; the defendant's cassation appeal was denied.

64). On June 18, the Sosnogorsky District Court, Rep. of Komi, satisfied the application for the official establishment of the fact filed by the Mother's Right Foundation on behalf of Nadezhda Alexeyevna Nekrasova, mother of a dead serviceman. Her son, Yevgeny Nekrasov (b. 1973) served in Military Unit 11287 where he died in an accident on February 6, 1992. The Commissariat gave the mother a death certificate which stated that Yevgeny's death was not connected with his military service. Nadezhda Alexeyevna applied to us for a consultation, and we filed a claim. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva. The trial was won: according to the court decision, Yevgeny Nekrasov died in military service.

65). On June 30, the Central District Court, Barnaul, Altay Region, considered the claim filed by the Mother's Right Foundation on behalf of Marina Leonidovna and Ivan Alexeyevich Danilov, parents of a dead serviceman. Their son, Yevgeny Danilov was called up to the Army on June 18, 2007, and served in Military Unit 3179, Moscow Region. On March 17, 2008, he died in military service. After Yevgeny's death, his parents had the right to measures of social support, including a monthly payment. At present, it is 805 roubles. 557 roubles are for the in-kind social benefits. If a person relinquishes these benefits, he receives his full payment; if he doesn't, he receives only 248 roubles (the rest of the sum goes to the in-kind social benefits). A person has the right to choose a variant. But the Central District Court, Barnaul, automatically granted the Danilovs 248 roubles without taking into account their will to relinquish the benefits. On behalf of the parents, the Mother's Right Foundation filed a claim for their right to relinquish the benefits. The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the court recognized the parents' right to relinquish the in-kind social benefits.

66). On July 1, the Penza Region Court considered the cassation appeal filed by the Mother's Right Foundation on behalf of the mother of a dead serviceman. It was an appeal against the decision by the Leninsky District Court, Penza, refusing to consider the application filed on behalf of Antonina Stepanovna Safonova (see p. 52), mother of a dead serviceman. The mother of the deceased was not given her son's death certificate; she was informed orally. The Mother's Right Foundation filed an application for official establishment of the fact that Igor Safonov had died in military service so that his mother receive her payments in full. But on May 19, 2008, the Leninsky District Court, Penza, refused to consider the application. We filed a cassation appeal against the decision. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva. The trial was won: the decision by the Leninsky District Court, Penza, of May 19, 2008, was cancelled, and the case was sent for retrial.

67). On July 3, 15, 24, 25, and 28, the Khimki Town Court, Moscow Region, considered the claim filed by the Mother's Right Foundation on behalf of Nina Ivanovna Tribuntsova, widow of a dead serviceman. Her husband, Igor Tribuntsov, served as colonel in Military Unit 52715. He was in Afghanistan and then in Chechnya where he died in military service on September 17, 2001. The Central Pension Fund Department, No. 5, of Moscow and the Moscow Region stopped paying monthly payments to the widow of the deceased in January 2006 on the grounds that Nina Ivanovna was able to work and lived with her children. On behalf of the widow of the deceased, the Mother's Right Foundation filed a claim. The interests of the widow of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the court recognized the widow's right to monthly payments.

68). On July 8, the Moscow Region Court considered the cassation appeal by Central Pension Fund Department No. 23, Moscow and the Moscow Region, against the decision of April 22, 2008 passed by the Klin Town Court in favour of Nadezhda Vladimirovna and Sergey Nikolayevich Trofimov, parents of the deceased. (See p. 26) Central Pension Fund Department No. 23, Moscow and the Moscow Region, denied the parents of the deceased of a monthly payment and a loss-of-breadwinner pension (200% of a service pension) on the grounds that their son had not been killed but had died. On behalf of the parents of the deceased, the Mother's Right Foundation filed a claim and won the case on April 22, 2008. The Pension Department was obliged to pay the parents the interest of their debt. But the Pension Department filed a cassation appeal against the decision. The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva. The trial was won: the positive decision of the Court of First Instance remained unchanged; the cassation appeal was denied.

69). On July 8, the Moscow City Court considered the cassation appeal filed by the Mother's Right Foundation on behalf of Valentina Alexeyevna and Vladimir Ivanovich Bragin from the Ulyanovsk Region against the decision on the compensation claim against the Military Unit 44822 and the Ministry of Defense passed by the Presnensky District Court on October 22, 2007. Yevgeny Bragin (b. 1982) was called up to the Army and served in Military Unit 44822. On July 12, 2003, Yevgeny died. On this day, approximately at 6 P.M., a group of servicemen got into the ambush and failed to defend themselves. As a result, 9 servicemen, including Yevgeny Bragin, died; 6 servicemen got wounded. The Office of Public Prosecutor of the United Group Alignment filed a case. Till now, in spite of numerous applications, the parents of Evgeny Bragin have no information on the case status. At the same time, they know that Military Unit 44822 did not provide servicemen's safety. For example, the group was not supported by APCs. The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova.

70). On July 17, 31, the Supreme Court of Bashkortostan (Ufa) considered the cassation appeal  filed by the Mother's Right Foundation on behalf of Elena Nikolayevna Ustyuzhanina, mother of a dead serviceman (see p. 47). The Social Insurance Department of the Ministry of Labour, Kuyurgazinsky District, Rep. of Bashkortostan, denied the mother of the deceased of measures of social support as well as of a certificate confirming her right to these benefits. On behalf of Elena Nikolayevna, the Mother's Right Foundation filed a claim which was denied by the Kuyurgazinsky District, Court, Rep. of Bashkortostan. We filed a cassation appeal against this decision. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the panel of judges cancelled the decision passed by the Court of First Instance; moreover, they recognized the mother's right to measures of social support and obliged the defendant to give her a corresponding certificate.

71). On July 21, the Mezensky District Court, Arkhangelsk Region, considered the claim filed by the Mother's Right Foundation on behalf of Tatiana Kirillovna Vodynina and Vasily Petrovich Burmakin, parents of a dead serviceman. Their son, Pavel Burmakin (b. 1983) was called up to the Army on June 2, 2003, and served in Military Unit 32333 where he died in military service on December 31, 2003. At first, the Central Social Insurance Department of the Mezensky District denied the parents of the deceased of measures of social support. On behalf of the parents of the deceased, the Mother's Right Foundation filed a claim and won the trial: the court recognized the parents' right to measures of social support and obliged the defendant to give them corresponding certificates. But when the parents of the deceased applied for those measures, the Pension Department of the Mezensky District, Arkhangelsk District, denied them of ‘their' part of these measures, namely monthly payments. The Mother's Right Foundation filed a claim. The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova.

72). On July 21 and September 15, 20, 26, the Serebryano-Prudsky District Court, Moscow Region, considered the claim filed by the Mother's Right Foundation on behalf of Elena Nikolayevna Myasina, mother of a dead serviceman. Her son, Sergey Myasin (b. 1981) was called up to the Army, and served in Military Unit 61896. On January 5, 2000, he was killed in Chechnya. He died in military service, and since April 2, 2001, his mother has had the right to federal measures of social support. After the ill-famed ‘Monetization Law', No. 122, came into force (January 1. 2005), Elena Nikolayevna's ‘monetized' monthly payment was not fixed though in her case it should have been done automatically - on the basis of the documents by the Social Insurance Department. The mother's applications were not necessary. Elena Nikolayevna knew about her right only in April 2008. She applied to Pension Fund Department No. 35 of Moscow and the Moscow Region but, as usual in such cases, the Pension Department denied her right to monthly payments. The Mother's Right Foundation filed a claim demanding that her right be recognized. We also demanded that the Pension Department pay off its debt from 2005. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva. The trial was won: the court recognized the mother's right to monthly payments and obliged the defendant to pay off its debt.

73). On July 21, 30, 31 and August 11. 12, 21, the Ryazan Garrison Court considered the death case of Sergey Tatarinov (b. 1988). He was called up to the Army on December 13, 2006, and served in Military Unit 41450, Ryazan Region, where he died from traumas (he was run over by a APV while he was working on the territory of the unit). The investigation found out that on April 12, 2008, a senior mechanic driver of the 1 Control Squad, Battalion 1, M.K. Kharitonov, was operating the equipment which had arrived from the Equipment Training Centre on the territory of the car park under the guidance of the platoon leader, lieutenant V.V. Buzykanov. While operating APV No. 739,  M.K. Tatarinov crushed private S.E. Tatarinov against AT-3D No. 829. Sergey died from the traumas received in the accident. The interests of the parents and the brother of the deceased were represented by the Mother's Right Foundation lawyer, Julia Lebedeva. The trial was won: Kharitonov was sentenced to 2 years in a penal colony under article 350, s. 2,f of the RF CC. Military Unit 41450 was obliged to pay 300,000 roubles to the parents and the brother of the deceased as compensation for moral damage. On July 22, the Lukhovitsky District Court, Moscow Region, considered the application on restoring the term of the supervision appeal filed the Mother's Right Foundation on behalf of Lubov Vasilievna Karzhavina from Kuibyshev. Her son, Dmitry Karzhavin (b. 1984), was called up to the Army on December 22, 2002. He served in Military Unit 61392 (railway forces). The parents were told that their son had supposedly ‘committed suicide.' The serving conditions were so bad that the boy made two attempts to run away. On November 30, 2006, the Lukhovitsky District Court denied the mother of the deceased of her compensation claim against Military Unit 61392. The Civil Panel of the Moscow Military District Court denied the mother's cassation appeal against the decision by the Court of First Instance. The Mother's Right Foundation sent an application for restoring the term of the trial to file an appeal against these court's denials. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova. The trial was won: the term for sending a supervision appeal was restored.

75). On July 22, 29, the Elektrostal Town Court, Moscow Region, considered the claim filed by the Mother's Right Foundation on behalf of Valentina Vasilievna and Yevgeny Mikhailovich Kovalev, parents of a dead serviceman. Their son, Alexey Kovalev (b. 1972) died in hospital as a result of a cranio-cerebral trauma. He died in his military service. Before the ill-famed ‘Monetization Law', FL No. 122, came into force, the Kovalevs' in-kind social benefits were equal to those of World War Two participants (as persons equal to them). On January 1, 2005, these benefits were substituted for measures of social support, including monthly payments which were 10 times less than those of war participants. The Mother's Right Foundation filed a claim demanding that Pension Department No. 19, Moscow and Moscow Department, recalculate the Kovales' monthly payments. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won.

76). On June 23, the Chaikovsky Town Court, Perm Region, considered the claim filed by the Mother's Right Foundation on behalf of Tatiana Yurievna and Alexander Gennadievich Kargashin, parents of a dead serviceman. Her son, Evgeny Kargashin, served in Military Unit 51286, Russky Island, Primorsky Krai (see p. 20). On February 28, we won the case: the court recognized the Kargashins' right to measures of social support. The Mother's Right Foundation filed a claim against the local Pension Department which had denied the parents of the deceased of monthly payments. The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva.

77). On August 4 and September 15, the Groznensky District Court, Chechnya, considered the claim filed by the Mother's Right Foundation on behalf of the widow of a dead soldier from the Orenburg Region, Larisa Bystrova. Her husband, Maxim Yevgenievich Bystrov, was a contract serviceman in Military Unit 98331, Chechnya. He died on October 16, 2004. When he served, the military unit deducted (by his consent) part of his monthly allowance. After his death, the unit continued to do it without the permission of the widow who was left alone with two small children. On behalf of the widow, the Foundation lawyer, Tatiana Sladkova, drew up a claim demanding that the military unit pay the widow the illegally deducted allowances. The trial was won: Military Unit 98311 was obliged to pay the widow 53252 roubles 45 kopeks.

78). On August 5, 19, the Sverdlovsk Region Court considered the cassation appeal by the Central Pension Fund Department of Nizhny Tagil and the Prigorodny Region, Sverdlovsk Region, against the decision of May 26, 2008 passed by the Leninsky District Court, Nizhny Tagil, in favour of Galina Ilyinichna Almayeva, mother of a dead serviceman (see p. 51).  The Mother's Right Foundation filed a claim demanding that the Pension Department pay the debt to the mother of the deceased. But the officials of the pension Department decided to continue their battle and filed a cassation appeal. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova.  The trial was won: the positive decision of the Court of First Instance remained unchanged.

79). On August 6, the Tyumen Region Court considered the cassation appeal filed by the Mother's Right Foundation on behalf of Maria Dmitrievna Potanina, mother of a dead serviceman, against  the decision by the Uporovsky District Court, Tyumen Region (see p. 58). On June 2, 2008, the Uporovsky District Court denied her claim. The Mother's Right Foundation filed a cassation appeal. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova. The trial was won: the panel of judges cancelled the decision of the Court of First Instance; the case was sent for retrial.

80). On August 7, the Leninsky District Court, Yekaterinburg, considered the claim filed by the Mother's Right Foundation on behalf of Natalia Vakhtangovna Mokrushina (b. 1955), widow of a dead serviceman. Her husband, Yevgeny Viktorovich Mokrushin (b. 1952), served in Military Unit 2094 (frontier troops of Russia) and died in the military hospital of Nazran on June 25, 1995. He died from wounds received in a mine explosion. In 2005, his widow achieved the age of 50 and applied to the Federal Security Service of the RF for a loss-of-breadwinner pension which she should have received according to the Law. But the Federal Security Service denied her of a loss-of-breadwinner pension on the grounds that she herself served in the frontier forces of the FSB of the RF. On behalf of Natalia Vakhtangovna, the Mother's Right Foundation filed a claim. The interests of the widow of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the defendant was obliged to grant the widow a pension and to pay the debt of approximately 80000 roubles.

81). On August 13, 27 and 28, the Zheleznodorozhny District Court, Ulyanovsk City, considered the claim filed by the Mother's Right Foundation on behalf of Ludmila Nikolayevna Matveyeva, mother of a dead serviceman. Her son, Vyacheslav Matveyev (b. 1968), served in Military Unit 21557 and died in military service on August 26, 1990. According to her status, the mother of the deceased enjoyed the in-kind social benefits that were equal to those of World War Two participants. After January 1, 2005, when the ‘Monetization Law' came into force, these benefits were substituted for measures of social support, including monthly payments. In January 2005, her monthly payment was 150 roubles, while that of War participants was 1050 roubles. In April 2008, Ludmila Nikolyevna applied to the Pension Fund Department of the Zheleznodorozhny District, Ulyanovsk, with the request to recalculate her MPs. She was denied on the grounds that her son had not been killed but had died. On behalf of the mother of the deceased, the Mother's Right Foundation filed a claim. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the Pension Fund Department was obliged to grant the mother a proper MP and recalculate it from January 1, 2005.

82). On August 14, the Moscow City Court considered the claim filed by the Mother's Right Foundation on behalf of Valentina Petrovna Shustova against the decision of the Chertanovsky District Court, Moscow, passed on June 3, 2008 (see p. 25, 59). According to the law ‘On Pension of Military Servicemen, Servicemen of MIA...', Valentina Petrovna had the right to receive two pensions - a disability pension and a loss-of-breadwinner pension, but the United Military Commissariat of SAD, Moscow, denied her of loss-of-breadwinner pension. On March 11, 2008, the Mother's Right Foundation won the case. Representatives of the Commissariat did not attend the court session and missed the last date of sending a cassation appeal. But then they filed an application for restoring the missed cassation date. The court restored the date of cassation. We did not agree with the decision and filed a complaint. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova.

83). On August 19 and September 15, 16, 17, the 101 Garrison Court retried the death case of Nikolay Ishimov (see p. 32, p. 61). The first trial was performed with numerous violations and as a result, Bazelev was sentenced to 3 years 4 months in a penal colony. This shockingly mild sentence was cancelled by the cassation court. The interests the mother of the deceased, Lubov Grigorievna Ishimova, were represented by the Mother's Right Foundation lawyers, Zarema Yusupova and Julia Lebedeva. The trial was won: Bazelev was sentenced to 5 years and 8 months of imprisonment. Military Unit 58612 was obliged to pay the mother of the deceased 1 million roubles as compensation for moral damage caused by her son's death.

84). On August 20, the Altay Region Court considered the cassation appeal against the decision of June 30, 2008 passed by the Central District Court of Barnaul in favour of Marina Leonidovna and Ivan Alexeyevich Danilov, parents of a dead serviceman (see p. 65). After Yevgeny's death, his parents had the right to measures of social support, including monthly payments. According to the Law, these measures should have been granted regarding the wish of the parents. But the Pension Department of the Central District, Barnaul, fixed the Danilovs' monthly payments automatically - without their wish to relinquish their in-kind benefits. On behalf of the parents, the Mother's Right Foundation filed a claim and won the trial, but the defendant filed a cassation appeal. The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova.

85). On August 22 and October 15, 16, the 101 Garrison Court (Orenburg) at the assizes in the premises of the Nizhny Tagil Garrison Court (Sverdlov Region) considered the complaint against the decision of August 6, 2007, passed by the senior investigator of the Office of Public Prosecutor of Military Unit 63549. The complaint was filed by the Mother's Right Foundation on behalf of Nabilya Mustafeyevna Galeyeva, mother of a dead serviceman from the Chelyabinsk Region. Her son, Denis Galeyev (b. 1987), was called up to the Army on December 24, 2005, and served in Military Unit 54203, Missile Forces, Sverdlovsk Region. On March 12, 2007, he died. His mother was told that her son had supposedly ‘committed suicide' but she did not believe the official version. According to the mother's opinion, the preliminary investigation was performed with numerous violations. As a result, those guilty in Denis' death were not found. On behalf of the mother of the deceased, the Mother's Right Foundation filed a complaint against the investigator's decision on closing the case of Denis. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova.

86). On August 26 and October 9, the Nizhegorodsky District Court, Nizhny Novgorod, considered the claim filed by the Mother's Right Foundation on behalf of Lilia Vasilievna Andrenkova, mother of a dead serviceman. Her son, Andrey Andrenkov (b. 1975), captain of Military Unit 3797, pilot, died on September 5, 2004. He died in a helicopter crash in Ingushetia. He died in military service. As mother of a participant of military actions, Lilia Vasilievna had the right to an increased loss-of-breadwinner pension. But the Pension Center of the Central IA Department of the Nizhegorodsky Region where she applied to on May 7, 2008, denied her of an increased loss-of-breadwinner pension. The Mother's Right Foundation filed a claim. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva. The trial was won: the defendant was obliged to pay the mother of the deceased an increased pension and the debt.

87). On August 28, the Moscow City Court considered the cassation appeal filed by the Mother's Right Foundation on behalf of Lidia Nikolayevna Kabanova, mother of a dead serviceman, against the decision passed by the Kuzminsky District Court on June 2, 2008,. Her son, Pavel Chuikov (b. 1987), served and died in Military Unit 51369 (see p.2, 33, 57). On behalf of the mother of the deceased, the Mother's Right Foundation filed a claim for her right to measures of social support, but the Court of First Instance denied her claim. We filed a cassation appeal. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova.

88). On August 29 and September 3, the Leninsky District Court, Penza, considered the application for the official establishment of the fact filed by the Mother's Right Foundation on behalf of Antonina Stepanovna Safonova, mother of a dead serviceman (see p. 52, p. 66, p. 77). The mother of the deceased did not receive her son's death certificate; she was informed orally. The Mother's Right Foundation filed an application for the official establishment of the fact that Igor Safonov had died in military service. At first, the Court of First Instance refused to consider the application (May 19, 2008). We filed a cassation appeal (July 1, 2008). The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva. The trial was won: the court established the fact that Igor Safonov had died in military service.

89). On September 1, the Frolovo Town Court, Volgograd Region, considered the claim filed by the Mother's Right Foundation on behalf of Natalia Ivanovna Uskova, widow of a dead serviceman, and her son, Danila. Natalia Ivanovna's husband, Vladislav Uskov (b. 1981), was called up to the Army on June 27, 2000, and served in Military Unit 5138, Rostov Region. During his service in the Army, Vladislav fell seriously ill. On May 18, 2001, he died. According to the Law, his widow and son had the right to a loss-of-breadwinner pension, but the Pension Department of Frolovo Town and the Frolovsky District denied them of their pensions. The Mother's Right Foundation filed a claim. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva.

90). On September 2, the Moscow Region Court considered the cassation appeal filed by the Mother's Right Foundation on behalf of Elena Yurievna Belonozhkina, widow of a dead serviceman (p. 44). On behalf of the widow and son of the deceased, the Mother's Right Foundation filed a claim but on June 24, 2008, the Elektrostal Town Court, Moscow Region, denied the widow's claim. We filed a cassation appeal. The interests of the widow of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won.

91). On September 3 and October 8, 29, the Zamoskvoretsky District Court, Moscow, considered the claim by Aset Goigova, mother of a dead serviceman from the Rep. of Ingushetia. Her son, Alik Goigov (b. 1985), was called up to the Army in May 2003, and served in Military Unit 3768 (MIA). On January 26, 2004, he was murdered by Alexey Chaschin, his fellow serviceman. They found 63 stab wounds on the body. Chaschin was sentenced to 3 years 8 months in a penal colony. The mother of the deceased demanded that the Ministry of Internal Affairs pay her compensation for moral damage caused by her son's death. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova.

92). On September 5, the Donetsk City Court, Rostov Region, considered the claim filed by the Mother's Right Foundation on behalf of Maria Sergeyevna and Petr Petrovich Bezobrazov, parents of a dead serviceman. Their son, Yuri Bezobrazov (b. 1963), was called up to the Army on November 10, 1983, and served in Military Unit 30235. On October 18, 1985, he died in military service. As parents of a dead serviceman, Maria Sergeyevna and Petr Petrovich were granted benefits equal to those of World War Two participants. After the ‘Monetization Law', FL No. 122, their ‘old' in-kind social benefits were substituted for measures of social support, including monthly payments (MPs). In January 2005, a monthly payment for parents of dead soldiers made up 150 roubles; a monthly payment for participants of World War Two made up 1050 roubles. In April 2008, The Bezobrazovs applied to the Pension Department with the request to recalculate their monthly payments but were denied. On behalf of the parents of the deceased the Mother's Right Foundation filed a claim. The interests of the parents were represented by the Mother's Right Foundation lawyer, Zarema Yusupova.

93). On September 8, the Supreme Court of the Rep. of Komi considered a complaint filed by the United Military Commissariat of Sosnogorsk Town against the decision by the Sosnogorsk Town Court. The Commissariat tried to have the decision recognizing the fact of Yevgeny Nekrasov's death in military service canceled. His mother, Nadezhda Alexeyevna, received a death certificate stating that Yevgeny's death was not connected with his military service. The Mother's Right Foundation filed a claim which was considered by the Sosnogorsky District Court of the Rep. of Komi on June 18, 2008. The Commissariat participated in the case as an interested party. The court stated the connection between the death of Yevgeny Nekrasov and his military service though the representative of the Commissariat tried to prove the other way round. Time passed and the decision came into force... and quite of a sudden, when the last date of cassation was missed, a representative of the Military Commissariat decided to file a cassation appeal. On July 29, 2008, the Sosnogorsk Town Court denied the Military Commissariat. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the court decision remained unchanged.

94). On September 11, the Perm Region Court considered the cassation appeal filed by the Mother's Right Foundation on behalf of Tatiana Yurievna and Alexander Gennadievich Kargashin, parents of a dead serviceman.  Their son, Yevgeny Kargashin, served in Military Unit 51286, Russky Island, Primorsky Krai (see p. 20, p. 76). The local Pension Department denied the parents of the deceased of their part of measures of social support, namely of monthly payments. On their behalf, the Mother's Right Foundation filed a claim. On July 23, 2008, the Chaikovsky Town Court considered the claim and (in contradiction to their first decision recognizing the Kargashins right to measures of social support) denied the parents of monthly payments. On behalf of the parents of the deceased, the Mother's Right Foundation filed a cassation appeal. The interests of the Kargashins were represented by the Mother's Right Foundation, Anna Mukaseyeva. The trial was won.

95). On September 18, the Moscow City Court considered the cassation appeal by the United Military Commissariat of Moscow against the decision passed by the Chertanovsky District Court in favour of the mother of a dead serviceman, Valentina Petrovna Shustova (see p. 25, p. 59, p. 82). The Moscow Commissariat denied her of granting a loss-of-breadwinner pension (which according to the Law, the parents should have received as the second pension). The Mother's Right Foundation filed a claim in the Chertanovsky District Court, Moscow. The court satisfied the mother's claim on March 11, 2008. The United Military Commissariat of Moscow filed a cassation appeal. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva.

96). On September 19, the Moscow Military District Court considered the cassation appeal filed by the Mother's Right Foundation against the decision passed by the Luberetsk Garrison Court on May 20, 2008 in the death case of Yevgeny Filippov. Yevgeny died in Military Unit 83421, Moscow Region, on June 5, 2007 (see p. 6, p. 48). Even now, when the decision in the case has been already passed (Yevgeny's fellow serviceman, Konstantin Roslov, was sentenced to 5 years under article 335, s. 3), the parents don't believe the official version of their son's death described in the case materials. They have grounds for the disbelief. The Mother's Right Foundation filed a cassation appeal against the decision of the Court of First Instance. The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova.

97). On September 25, the Arkhangelsk Region Court considered the cassation appeal filed by the Mother's Right Foundation on behalf of Tatiana Kirillovna Vodynina and Vasily Petrovich Burmakin, parents of a dead serviceman (see p. 23, p. 71). The Mother's Right Foundation filed a cassation appeal against the decision by the Mezensky District Court, Arkhangelsk Region, of July 21, 2008, which denied the parents' claim that the local Pension Department should grant them monthly payments. The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the panel of judges cancelled the decision by the Court of First Instance and passed the decision recognizing the parents' right to monthly payments and obliging the defendant to grant MPs from the date of their first application, i.e. March 24, 2008.

98). On October 1, the Leninsky District Court, Ufa, considered the claim filed by the Mother's Right Foundation on behalf of Railya Gilmukhanovna and Alik Dautovich Mratov, parents of a dead serviceman (see p. 35, p. 56). As parents of a serviceman, who died in military service, they have the right to measures of social support. But the Labour and Social Insurance Department of Bashkortostan of the Leninsky District, Ufa, denied the parents of the deceased of a Social Support Certificate. On behalf of the parents of the deceased, the Mother's Right Foundation filed a claim. The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva.

99). On October 2-9, the Bezrechensky Garrison Court at the assizes in the premises of the Chita Garrison Court considered the death case of Nikolay Koloverin (b. 1989) from the Novosibirsk Region. Nikolay was called up to the Army on May 2008, and served in Military Unit 52410, Zabaikalsky Region. He died on July 22, 2008. His death was caused by a cardiac arrest. Alexander Baranov, senior sergeant of the same unit, punched him on the chest. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Julia Lebedeva. The trial was completed. Baranov was pleaded guilty under article 286, s. 3, p.p. (a) and (b) (abuse of authorities) and article 111, s. 4 (deliberate damage to health resulting in death) of the RF CC and sentenced to 8 years in a strict regime colony.

100). On October 8 and November 10, the Elektostal Town Court, Moscow Region, reviewed the claim filed by the Mother's Right Foundation on behalf of Elena Yurievna Belonozhkina, widow of a dead serviceman (p. 44, p. 90). On September 2, 2008, the Mother's Right Foundation won the trial in the Moscow Region Court, and the case was sent to the Court of First Instance for retrial. The interests of the widow of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won.

101). On October 9, the Frunzensky District Court considered the claim filed by the Mother's Right Foundation on behalf of Galina Alexeyevna Avdeyeva, mother of a dead serviceman (see p. 38, p. 63). According to the Law, since 1996 Galina Alexeyevna has had the right to the benefits equal to those of World War Two participants. After the ‘Monetization Law', FL No. 122, came into force, the benefits were substituted for measures of social support, including a monthly payment. On January 1, 2005, the mother of the deceased started receiving a monthly payment which was 10 times less than that of World War Two participants. The mother of the deceased applied to the defendant with the request to recalculate her monthly payments from January 1, 2005 but was denied. The Mother's Right Foundation filed a claim. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the defendant was obliged to recalculate the monthly payments of the mother of the deceased.

102). On October 10, the Moscow Military District Court considered the cassation appeal against the decision of July 1, 2008 passed by the Luberetsk Garrison Court in the death case of Nikolay Fedotov from the Rep. of Komi (see p. 54). Andrey Viktorovich Gerasimov, major of Military Unit 63184, received a suspended sentence of 4 years of probation under article 286, s. 3, p. (c) of the RF CC. The Mother's Right Foundation filed a cassation appeal against the decision. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Julia Lebedeva.

103). On October 14, the Volsky District Court, Saratov Region, considered the claim filed by the Mother's Right Foundation on behalf of Valentina Fedorovna and Damir Mannimulovich Gilmiyarov, parents of a dead serviceman. Their son, Boris Gilmiyarov (b. 1966), was a contract serviceman in Military Unit 71432, Chechnya. On January 6, 2000, he died from a wound received in military action. As parents of a dead serviceman, they have the right to measures of social support including treatment in a sanatorium or health-resort. But the Central Social Insurance Department of the Saratov Region refused to give vouchers to the parents of the deceased. The Mother's Right Foundation filed a claim demanding that the local Pension Department pay compensation for the vouchers that the Central Social Insurance Department of the Saratov Region had not given to the parents of the deceased. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva.

104). On October 14, the Moscow Military District Court considered the cassation appeal against the decision passed in the death case of Yevgeny Shamukhin (b. 1988) from Saint Petersburg. He served in the MEA Academy, Moscow Region. On May 13, 2008, Yevgeny was severely beaten by his fellow serviceman, Alexander Revyakin. The latter hit him on the head many times. On May 19, 2008, Yevgeny died in hospital without ever regaining consciousness. The Solnechnogorsk Garrison Court sentenced Revyakin to 6,5 years in a strict regime colony under article 335, s. 3, and article 111, s. 4, of the RF CC. The defendant did not agree with the sentence and filed a cassation appeal. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Julia Lebedeva. The trial was won: the decision of the Court of First Instance remained unchanged.

105). On October 17, the Lefortovo Court, Moscow, considered the claim filed by the Mother's Right Foundation on behalf of Zinaida Yegorovna and Alexey Alexeyevich Makmatov, parents of a dead serviceman from the Rep. of Mari El. Their son, Alexander Makmatov (1976) was called up to the Army on June 24, 1995, and served in Military Unit 3754, MIA, frontier between North Ossetia and Ingushetia. On June 18, 1996, he was killed when his guard post was attacked by unknown persons (seven servicemen were killed). The Mother's Right Foundation demanded that Military Unit 3754 pay the parents compensation for moral damage caused by their son's death. But on March 5, 2007, the Lefortovsky District Court, Moscow, denied the parents' claim. On October 16, 2007, the panel of judges of the Moscow City Court left the decision unchanged. The Mother's Right Foundation filed an application for renewal of the term of supervision complaint. The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the date of supervision complaint was renewed.

106). On October 20, November 13, 24, and December 10, 17, 18, the Sovetsky District Court, Tula, considered the claim filed by the Mother's Right Foundation on behalf of Yuri Vasilievich Kuryasin, father of a dead serviceman. His son, Alexander Kuryasin (b. 1982) was a student of the Moscow Military Institute. On May 27, 2000, he died. According to decision No. 19 of the Military Medical Committee, his death was caused by a ‘military trauma', i.e. received in military service. The father of the deceased has the right to measures of social support, including monthly payments. His right was confirmed by the decision passed by the Sovetsky District Court on June 25, 2007 but the Pension Fund Department of Tula City denied his application. On behalf of the father of the deceased, the Mother's Right Foundation filed a claim. The interests of the father of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the court obliged the defendant to grant Y.V.Kuryasin a monthly payment and pay the debt.

107). On October 21, the Moscow Military District Court considered the cassation appeal filed by the Mother's Right Foundation against the decision of August 21, 2008 passed by the Ryazan Garrison Court in the death case of Sergey Tatarinov (see p. 73). The Mother's Right Foundation filed a cassation appeal against the judgment in the part which concerns the civil action: the guilty military unit was obliged to pay 300,000 roubles to three victims in the case (the soldier's mother, father, and brother). The interests of the parents and the brother of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva.

108). On October 21, 22, 23, 27, 30, 31 and November 1, 5, the Krasnoyarsk Garrison Court considered the death case of Artur Karimov (b. 1985) from the Orenburg Region. Artur was called up to the Army on June 2, 2004, and served in Military Unit 42710, Rostov Region. After a training course in the unit, together with other servicemen he went by train ‘Krasnodar-Vladivostok'. They went to Khabarovsk, to their new place of service. On November 22, 2004, Artur hanged himself with a belt noose. The investigation found out that he had been driven to suicide by the beating and bullying on the part of his fellow serviceman, Dmitry Glaskov. The interests of the mother of the deceased, Elena Nikolayevna Karimova, were represented by the Mother's Right Foundation lawyer, Julia Lebedeva. The trial was completed: Glazkov was sentenced to 2,5 yeas in a general regime colony under article 335, s. 3, of the RF CC.

109). On October 22, the Uporovsky District Court, Tyumen Region, reconsidered (the first hearing took place on June 2, 2008; on August 6, 2008, the Court of Cassation satisfied our claim and cancelled the decision of the Court of First Instance) the claim filed by the Mother's Right Foundation on behalf of the mother of a dead soldier, Maria Dmitrievna Potanina (see p. 58, p. 79). According to the Law, Maria Dmitrievna had had the right to a loss-of-breadwinner pension since April 15, 2004 but knew about it only in December 2006 when she applied to the Mother's Right Foundation for a consultation. She sent a corresponding application to the Pension Department. According to the Law, they should have paid a loss-of-breadwinner pension for the 12 months preceding the date of application but the Pension Department of the Uporovsky District, Tyumen Region, denied the mother's application. The Mother's Right Foundation filed a claim. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva.

110). On October 24, the Pervomaisky District Court, Kirov, considered the claim filed by the Mother's Right Foundation on behalf of Inta Vladimirovna Zlobina, widow of the deceased. Her husband, Sergey Nikolayevich Zlobin (b. 1965), was a contract serviceman in Military Unit 7487, MIA. On March 11, 1995, he was killed in Daghestan. He died in military service. His widow, Inta Vladimirovna, is a disabled person of group 3 (she received the status when she was in military service). According to the Law, the widow has the right to two pensions - a loss-of-breadwinner pension and a disability pension. But the Pension Department of the IAD of the Kirov Region denied her application. On behalf of the widow, the Mother's Right Foundation filed a claim. The widows' interests were represented by the Mother's Right Foundation lawyer, Zarema Yusupova.

111). On November 5, the Khabarovsky District Court considered  the claim filed by the Mother's Right Foundation on behalf of Lubov Georgievna Vorozhtsova, mother of a dead serviceman. Her son, Dmitry Vorozhtsov (b. 1983), was called up to the Army on May 30, 2002, and served in Military Unit 34091, Khabarovsk Region. He died on June 5, 2002. The mother was told that her son had ‘committed suicide'. Then, it was found out that Dima was driven to suicide by bullying and beating on the part of his fellow servicemen. According to the decision of the Khabarovsk Garrison Court, junior sergeant S. Sandayev and private A. Akhverdiev were pleaded guilty in hazing Dmitry Vorozhtsov and sentenced under article 286, p. (a), p. (c) and article 335, s. 3, of the RF CC. On July 19, 2006, the Khabarovsky District Court satisfied the claim by the Mother's Right Foundation and obliged the Ministry of Defense to pay the mother of the deceased 250,000 roubles. The decision came into force on August 30, 2006 but was executed on May 21, 2008. That was the reason to file a new claim aimed at the indexation of the sum. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova. The trial was won: the defendant was obliged to pay the additional sum of 46500 roubles. 

112). On November 6, the Leninsky District Court considered the claim filed by the Mother's Right Foundation on behalf of Lubov Nikolayevna and Alexander Petrovich Zhirkov. Their son, Vladimir Zhirkov (b. 1982), served in Military Unit 54096. According to the death certificate, he died in military service on September 24, 2000. As parents of a dead serviceman, the Zhirkovs have the right to measures of social support, including a monthly payment, which are stipulated in the law ‘On Veterans'. But on August 1, 2008, the Labour and Social Development Department of the Tambov Region ordered the administration of the Tambovsky District to take away the parents' benefit certificates as illegal. They did it on August 8, 2008. The Pension Department stopped paying their monthly payments. On behalf of the Zhirkovs, the Mother's Right Foundation filed a claim. The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the Pension Department of the Tambovsky District was obliged to renew monthly payments to the Zhirkovs.

113). On November 6, the Perm Garrison Court considered the claim filed by the Mother's Right Foundation of behalf of Nina Alexandrovna Ilyina, mother of a dead serviceman. Her son, Alexander Zuyev (b. 1988), served in Military Unit 3723, Kabardino-Balkaria, then in the Investigation Department of the Perm Garrison, and then in Military Unit 3426, Perm. On June 18, 2008, he died in unclear circumstances. On behalf of the mother of the deceased, the Mother's Right Foundation filed a claim against the decision of I.A. Rogozhkin of the Military Investigation Department of the Perm Garrison. On August 6, 2008, he passed the decision denying the mother's application for the participation of the Mother's Right Foundation lawyers in the case. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova. The trial was won: a representative of the defendant came to the court with Rogozhkin's new resolution stipulating the right of the Foundation lawyers to participate in the death case of Zuyev as representatives of the mother of the deceased.

114). On November 11, 20, the Sverdlovsk Region Court considered  the cassation appeal filed by the Sverdlosk Department of the FSB against the decision of August 7, 2008 passed by the Leninsky District Court in favour of Natalia Vakhtangovna Mokrushina (see p. 80). When the widow achieved the age of 50, she applied to the Sverdlovsk Department of the FSB for a loss-of-breadwinner pension but was denied on the ground that she was a military serviceman. The Mother's Right Foundation won the case in the Court of First Instance but the defendant filed a cassation appeal. The interests of the widow of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva. The trial was won: the decision of the Court of First Instance remained unchanged; the cassation appeal was denied.

115). On November 13, the Nizhegorodsky District Court considered the claim filed by the Mother's Right Foundation on behalf of Vasily Dmitrievich Zhidkov, father of a dead serviceman. His son, Dmitry Zhidkov (b. 1981), served as captain in the 45 Reconnaissance Regiment (see p. 21). The Military Commissariat of the Nizhny Novgorod Region denied Vasily Dmitrievich of an increased old age pension (to increase by 100%). By that time, we had already won the similar case (case of the Zhidkovs) in courts of all instances, including the RF Supreme Court. The interests of the father of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva. The trial was won. The Military Commissariat was obliged to recalculate the pensions of the father of the Hero from the date of his first application. 

116). On November 13 and December 9, the Khanty-Mansiysky District Court, Khanty-Mansiysk AA, considered the claim filed by the Mother's Right Foundation on behalf of  Tatiana Vladimirovna Tikhon, mother of a dead serviceman. Her son, Anton Tikhon, was called up to the Army on June 5, 1998, and served in Military Unit 6761 (Special Forces Detachment No.15, NCD, IF MIA, known as the Armavir Special Forces). On September 5, 1999, Anton's unit was sent to Daghestan under the command of Colonel-General V.G. Kazantsev. Deputy Commander-in-Chief was Major-General N. A. Cherkashenko. It was Cherkashenko who worked out the plan of capturing height 715.3 with the help of the Armavir Special Forces, and it was Kazantsev who approved the plan. (It took them one day to work it out.) The generals sent the boys to battle with their communication devices discharged and exposed them to the attacks of our aviation. As a result, 9 members of spetsnaz were dead and 23 were wounded. Among those dead was Anton Tikhon. Cherkashenko, author of this worthless operation, was found guilty under article 293 of the RF Criminal Code (negligence). Then he was granted an amnesty and thus escaped any penalty. On behalf of the mother of the deceased, the Mother's Right Foundation filed a claim demanding that the Ministry of Finance pay for the guilty actions of the representative of the Ministry of Internal Affairs of the RF. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova. The trial is in process.

117). On November 18 and December 16, the Cheremushkinsky District Court, Moscow, considered the claim filed by the Mother's Right Foundation on behalf of Ludmila Mikhailovna Kopylova, mother of a dead serviceman. Her son, Boris Kopylov (b. 1973), died on April 9, 1992. He died in military service. Since August 1992, the mother of the deceased had had the right to federal benefits. As mother of a dead serviceman, Ludmila Mikhailovna's in-kind benefits were equal to those of World War Two participants. On January 1, 2005, the ‘Monetization Law, came into force, and the in-kind benefits were substituted for payments. A monthly payment of dead soldiers' family members made up 150 roubles (in January 2005). A monthly payment of a World War Two participant made up 1050 roubles. According the Law of the USSR, Ludmila Mikhailovna's benefits were equal to those of World War Two participants but in that situation they paid her only 150 roubles. As a disabled person (group 2), she turned to another kind of pension - a disability pension (550 roubles). On behalf of the mother of the deceased, the Mother's Right Foundation filed a claim demanding that they recalculate the Kopylova's monthly payments and pay the debt. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won.

118). On November 19 and December 12, the Chertanovsky District Court reconsidered the right of Valentina Petrovna Shustova, mother of a dead serviceman, to a loss-of-breadwinner pension. Her son, Yevgeny Shustov (b. 1986), was called up to the Army on November 26, 2004 (see p. 25, p. 59, p. 82, p. 95).The United Military Commissariat, Moscow, denied the mother of her right. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial is in process.

119). On November 20, the North Caucasus Military District Court considered the cassation appeal filed by the Mother's Right Foundation on behalf of Nina Ivanovna Lyamina, mother of a dead serviceman, against the decision passed by the Grozny Garrison Court on June 17, 2008. Her son, Alexey Lyamin (b. 1986), was a contract serviceman in Military Unit 23132, Chechnya. He died on June 21, 2007. At first, the mother was told that her son had ‘committed suicide', then it was found out that the suicide had been caused by the criminal actions of Aslan Mashenkulov. Mashenkulov was pleaded guilty under article 286, s. 3, p. (c) - abuse of authorities with grave consequences. Besides, he was charged under article 286, s. 1, and article 161, s. 1, of the RF CC - abuse of authorities and theft of money from another serviceman of the unit, Krentik. Mashenkulov received a cumulative sentence of 4 years in a general regime colony. Besides this, within the frame of the case it was mentioned that Mashenkulov had been abusing his authority by putting his subordinates into the so called ‘zindan' (a special pit used to keep prisoners or hostages) and extorting money for their ‘discharge'. The court obliged Military Unit 23132 to pay the mother of the deceased 200,000 roubles as compensation for moral damage caused by her son's death. The Mother's Right Foundation filed a cassation appeal against this mild sentence. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Julia Lebedeva. The trial was won: the decision was cancelled, and the case was sent to the Court of First Instance for retrial.

120). On November 20, the Moscow Region Court considered the cassation appeal filed by the Elektrostal Military Commissariat against the decision of July 29, 2008 passed by the Elektrostal Town Court in favour of Valentina Vasilievna and Yevgeny Mikhailovich Kovalev, parents of a dead serviceman (see p. 75). The Mother's Right Foundation filed a claim demanding that Pension Department No. 19, Moscow and Moscow Region, recalculate the Kovales' monthly payments.

The trial was won. The defendant did not file a cassation appeal. The decision came into force. Some time passed, and the Military Commissariat, involved as the ‘third party', filed a cassation appeal demanding that the decision by the Court of First Instance be cancelled on the ground that their son had not been killed but had died.  The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova. The trial was won: the decision by the Elektrostal Town Court remained unchanged; the cassation appeal by the Military Commissariat was denied.

121). On November 21, the Samara Military District Court considered the cassation appeal filed by the Mother's Right Foundation against the decision of September 22, 2008 passed by the Orenburg Garrison Court in the death case of Ivan Krasheninnikov (see p. 1). The sentence passed in the trial did not satisfy the parents of the deceased: the accused sergeants of Military Unit 35652, Krul and Aflistov, received probation sentences. The court denied the parents' claim for compensation for moral damage. Besides, the court did not pass a particular decision on Merkushev, the investigator who had ruined the investigation of the case. The Mother's Right Foundation filed a cassation appeal against the decision. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova.

122). On November 26, the Timiryazevsky District Court considered the application for the official establishment of the fact filed by the Mother's Right Foundation on behalf of Tatiana Vasilievna Tarasevich, mother of a dead serviceman. Her son, Andrey Tarasevich (b. 1969), was called up to the Army on November 23, 1987, and served in Military Unit 35057. In October 1989, one month before he was due home, Andrey fell seriously ill. On November 21, 1989, he was put in the Burdenko hospital. On December 26, 10989, he died. According to the decision passed by the Central Military Medical Committee on November 1, 1990, Andrey fell ill in military service. The mother of the deceased received her son's death certificate in 1989. In 1991, Andrey's younger brother, Roman, was born. As brother of a dead serviceman, he should be released from military service. But for one obstacle - the out-of-date death certificate.  On behalf of Tatiana Vasilievna and in the interests of her under-age son, the Mother's Right Foundation filed an application for establishment of the legal fact. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Tatiana Sladkova. The trial was won: the court established the fact that Andrey Tarasevich had died in military service.

123). On December 2, 9, 23, and 25, the Rostov-on-Don Garrison Court considered the death case of Andrey Dubovitsky (b. 1987) from the Krasnodar Region. Andrey was called up to the Army on April 23, 2007, and served in Military Unit 12106, Rostov Region. He died on October 3, 2007. At first, his parents were informed that Andrey's death was caused by negligent use of fire arms: he supposedly fell asleep at his post and pulled the trigger. His parents, Nadezhda Petrovna and Oleg Anatolievich Dubovitsky, did not believe the official version. Besides fire wounds, there were numerous bruises on his body. According to the case materials, 88 (!) The investigation found out that Andrey had killed himself because of the constant beating and bullying on the part of a contract corporal, A. Goloyad (b. 1978). Besides Dubovitsky, Mikhail Tokarev, Roman Gorokhov and Artem Kulakov suffered from his beating. Goloyad was charged under articles 286 and 335 of the RF CC. The interests of the father of the deceased were represented by the Mother's Right Foundation lawyer, Nadezhda Kuzina. The trial is in process.

124). On December 2, the Nizhny Novgorod Region Court considered the cassation appeal

by the Pension Office of the Main Internal Affairs Department against the decision of October 9, 2008 passed by the Nizhegorodsky District Court in favour of Lilia Vasilievna Andrenkova, mother of a dead serviceman (see p. 86). Lilia Vasilievna had the right to an increased loss-of-breadwinner pension (basic old age pension + 32%) but the Pension Center of the Central IA Department of the Nizhegorodsky Region where she applied on May 7, 2008, denied her of an increased loss-of-breadwinner pension. The Mother's Right Foundation filed a claim and won the case in the Court of First Instance. But the defendant filed a cassation appeal. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva. The trial was won: the decision of the Court of First Instance remained unchanged; the defendant's cassation appeal was denied.

125). On December 9, the Supreme Court of the Rep. of Bashkortostan (Ufa) considered the cassation appeal filed by the Mother's Right Foundation on behalf of Railya Gilmukhanovna and Alik Dautovich Mratov, parents of a dead serviceman (see p. 35, p. 56, p. 98).  As parents of a serviceman, who died in military service, they have the right to measures of social support. But the Labour and Social Insurance Department of the Leninsky District, Ufa, Bashkortostan, denied the parents of the deceased of a Social Support Certificate. On behalf of the parents of the deceased, the Mother's Right Foundation filed a claim. On October 1, 2008, the Leninsky District Court, Ufa, denied the parents' claim. The Mother's Right Foundation filed a cassation appeal against the decision. The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva. The trial was won. The panel of judges cancelled the decision of the Court of First Instance and recognized the right of the parents of the deceased to measures of social support: the Labour and Social Insurance Department of Bashkortostan, Leninsky District, Ufa, was obliged to give the Mratovs certificates confirming their right to these measures and grant these measures from the moment of their first application, March 2008.

126). On December 11, the North Caucasus Military District Court considered the cassation appeal by the commanding officer of Military Unit 22179 against the decision passed by the Makhachkala Garrison Court on October 2, 2008. According to the decision, the Military Unit was obliged to pay the mother and sisters of a dead serviceman, Alexey Turchinin (b. 1988), moral damage compensation in the sum of 500,000 roubles. Alexey Turchinin was called up to the Army on November 27, 2006; after a training camp he signed a contract and was sent to Military Unit 22179, Daghestan. On April 3, 2008, he was killed by his fellow serviceman, Syldys Salchak: the latter stabbed him with scissors (Salchak was pleaded guilty under article 105, s.1, of the RF CC and sentenced to 8 years in a strict regime colony). The interests of the mother, Sofia Anatolievna, and sisters, Olga and Tatiana, were represented by the Mother's Right Foundation lawyer, Nadezhda Kuzina. The trial was won: the decision of the Court of First Instance remained unchanged; the cassation appeal by the commanding officer of Military Unit 22179 was denied.

127). On December 11, the West Siberia Military District Court considered the cassation appeal filed by the Mother's Right Foundation against the decision passed by the Bezrechensk Garrison Court in the death case of Nikolay Koloverin (b. 1989) from the Novosibirsk Region (see p. 99). According to the decision passed by the Bezrechensk Garrison Court on October 9, a senior sergeant of the unit, Alexander Baranov, was pleaded guilty under article 286, s. 3, p.p. (a) and (b) (abuse of authorities) and article 111, s. 4 (deliberate damage to health resulting in death) of the RF CC and sentenced to 8 years in a strict regime colony. At the same time the court denied the mother's claim for moral damage compensation against Military Unit 52410. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyers, Tatiana Sladkova and Julia Lebedeva.

128). On December 11, the Volgograd Region Court considered the cassation appeal filed by the Mother's Right Foundation on behalf of Natalia Ivanovna Uskova, widow of a dead serviceman, and his son, Danila (see p. 89). According to the Law, his widow and son had the right to a loss-of-breadwinner pension, but the Pension Department of Frolovo Town and the Frolovsky District denied them of the pension. The Mother's Right Foundation filed a claim. On September 1, 2008, the Frolovo Town Court denied the claim. The Mother's Right Foundation filed a cassation appeal. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva.

129). On December 18, the Moscow Region Court considered the cassation appeal filed by Pension Department No. 35 of Moscow and the Moscow Region against the decision by the Serebryano-Prudsky District Court, Moscow Region, which had considered the claim filed by the Mother's Right Foundation on behalf of Elena Nikolayevna Myasina, mother of a dead serviceman (see p. 72). Since April 2, 2001, the mother has had the right to federal measures of social support. After the ill-famed ‘Monetization Law', No. 122, came into force (January 1. 2005), Elena Nikolayevna's ‘monetized' monthly payment was not fixed though in her case it should have been done automatically - on the basis of the documents by the Social Insurance Department. The mother's applications were not necessary. Elena Nikolayevna knew about her right only in April 2008. She applied to Pension Fund Department No. 35 of Moscow and the Moscow Region but, as usual in such cases, the Pension Department denied her right to monthly payments. The Mother's Right Foundation filed a claim demanding that her right be recognized. We also demanded that the Pension Department pay off its debt from 2005. The trial was won but the Pension Department filed a cassation appeal. The interests of the mother of the deceased were represented by the Mother's Right Foundation lawyer, Anna Mukaseyeva.

130). On December 22, the Tambov Region Court considered the cassation appeal filed by the local Pension Department against the decision of November 6, 2008 passed by the Leninsky District Court in favour of Lubov Nikolayevna and Alexander Petrovich Zhirkov, parents of a dead serviceman (see p.112). The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Zarema Yusupova.

131). On December 23, the West Siberia Military District Court (Novosibirsk) considered the cassation appeal by the accused, Glazkov, against the decision passed by the Krasnoyarsk Garrison Court on November 5, 2008 in the death case of Artur Karimov (see p. 108). The court sentenced Glazkov to 2,5 yeas in a general regime colony under article 335, s. 3, of the RF CC. The mother of the deceased, Elena Nikolayevna Karimova, considered the sentence too mild. At the same time, Glazkov thought his sentence too severe. The parties filed cassation appeals. The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyer, Julia Lebedeva.

132). On December 26, the 3 Military District Court (Moscow Region) considered the cassation appeal by the accused, Bazelev, (in the death case of Nikolay Ishimov) and the commanding officers of Military Unit 58612  who objected to paying compensation to the mother of the deceased (see p. 32, p. 61, p. 83). On September 17, 2008, the 101 Garrison Court sentenced Bazelev to a maximum term - 5 years 8 months of imprisonment; the military unit was obliged to pay 1 million roubles to the mother of the deceased as compensation for moral damage. The interests of the parents of the deceased were represented by the Mother's Right Foundation lawyers, Zarema Yusupova, Julia Lebedeva, and Tatiana Sladkova. The trial was won: the cassation appeals by Bazelev and Military Unit 58612 were denied: the decision by the Court of First Instance remained unchanged.

*  *  *

Thus, the successful trials make up 66% of the trials completed by the Mother's Right Foundation in 2008.

IN TOTAL, within the reporting period, the Foundation rendered qualified legal assistance to 5788 (five thousand seven hundred and eighty eight) families of dead servicemen.

 
 

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