The motivation for the decision on the unlawfulness of the lawyer's non-admission to the OMVD (Department of Russian Ministry of Internal Affairs) has been prepared under the pretext of the "Fortress" ("Krepost") plan
September, 10 2021

The Simonovsky District Court of Moscow prepared the motivating part of the decision in the case of the lawyer of the Presidential Administration of Moscow, Maria Eismont, whom the police, under the pretext of the "Fortress" plan, did not allow access to the administrative detainees who participated in the protest action in July 2020 in connection with the amendments to the Constitution. In the decision, the court recalled that the Code of Administrative Offenses of the Russian Federation allows the person in respect of whom the proceedings are underway in the case of an administrative offense not only to use the procedural rights provided for by this Code, but also to resort to the legal assistance of a defender. The latter can participate in such proceedings from the moment of initiation of an administrative offense case and has the right to get acquainted with all its materials, submit evidence, file motions and challenges, participate in the consideration of the case, appeal the application of measures to ensure the proceedings in the case, the decision on the case, and enjoy other procedural rights. Thus, the court satisfied the administrative claim in part, declaring illegal the refusal of the officers of the Ministry of Internal Affairs of Russia in the Danilovsky district to admit lawyer Maria Eismont to the three detained citizens to provide them with qualified legal assistance. At the moment, the Internal Affairs Directorate for the Southern Administrative District of Moscow has filed an appeal against the court's decision.

Tatiana Dzhulai

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