The Supreme court overturned a lighter sentence for former commander of Land forces of Russia the General-Colonel Vladimir Chirkina, which in February 2016, ahead of schedule, removed the record of conviction, and the real sentence commuted to a fine.
“The court ruled that the appellate decision of the Presidium of the Moscow district military court (MOVS) from June 15 to cancel and send the case to MOVS a new appellate review,” reads the court’s decision, which leads TASS. This refers to the determination of the recognition of the legitimate mitigation of the sentence and the lifting of the ban to hold positions in the civil service for a period of three years.
In cassation representation the military Prosecutor insisted on the groundlessness of the reclassification appeal Circino with accusations of bribery to the fraud and replace the real sentence to a fine. In this regard, the state requested to cancel the decision and send a new appellate review.
He Chirkin said the arguments the submission of illegal and not subject to satisfaction. He also asked to transfer the case to another appellate review, requiring justification. “The findings of the court of first instance was groundless: my official position and responsibilities did not allow me to commit those acts for which I allegedly received the bribe,” he said.
“False statement in the judgment of the fictional circumstances of the crime does not provide for the qualification, which insists the Prosecutor’s office”, – quotes its response to the arguments of the prosecutors , RIA “Novosti”. According to him, housing referred to in the criminal case, could not be distributed by the Ministry of defence.
14 Aug 2015 Moscow garrison military court found Chirkin guilty of receiving a bribe of 450 thousand rubles (paragraph “C” of part 5 of article 290 of the criminal code) for the promotion of his subordinate, major of a stock Vladimir Lobanova in getting his prescribed by law Studio apartment. According to investigators, it was in 2008, when Chirkin held the position of Deputy commander of the Moscow military district.
Lobanov got an apartment, but could not settle there, as it was already occupied by another former military. He tried to get the money back, and when that failed, appealed to the Prosecutor. By this time Chirkin has already occupied the post of commander of the Land forces.
Chirkin pleads not guilty and claims that intermediaries have cheated the former military and extorted money under the guise of his name.
23 Dec 2015 MOVS reclassified Circino article of the charge with part 5 of article 290 of the criminal code (“Receiving bribe”) to part 3 of article 159 of the criminal code (“Fraud”) and changed the sentence with real imprisonment to a fine of 90 thousand rubles. He was also returned state awards and military rank, of which he was deprived by the sentence of the court of first instance.
After payment of the designated fine Chirkin appealed to the 235th garrison court in Moscow with a request for early removal from it previous convictions. April 1, the Moscow district military court confirmed this decision, and in June it confirmed the Presidium of the Moscow district military court.