The Qualification Board of Judges of the Samara Region terminated the resignation of the judge of the Industrial District Court Anna Bondarenko. The decision is published on the agency’s website.
This is reported Russian elephant
“The resignation of the judge of the Industrial District Court of Samara, Samara Region, Anna Ivanovna Bondarenko, has been terminated on the basis of clauses 5 and 6 of Art. 15 of the Law of the Russian Federation of June 26, 1992 No. 3132-1 “On the Status of Judges in the Russian Federation,” the report says.
At the end of April this year, the Soviet District Court of Samara found Anna Bondarenko guilty of attempted fraud using her official position (part 3 of article 30; part 3 of article 159 of the Criminal Code of the Russian Federation). The ex-judge of the Industrial District Court of the city was sentenced to two years and ten months in a penal colony and a fine of 60 thousand rubles. At the same time, the execution of the punishment was deferred until the defendant’s minor child reaches the age of 14. The verdict of the court did not enter into force. The state prosecutor asked Anna Bondarenko for four years in a penal colony and a fine of 200,000 rubles.
In July, the Samara Regional Court dismissed Anna Bondarenko’s appeal against the verdict and upheld the decision of the first instance. After that, at the end of August, she appealed to the Sixth Court of Cassation of General Jurisdiction. The ex-judge’s lawyer Svetlana Solomakhina explained to Kommersant that the cassation appeal is still being considered.
According to the investigation and the court, in 2020, an acquaintance of Anna Bondarenko, Nikolai Belousov, asked her for a fee to help in choosing a lighter sentence in the criminal case of fraud against tax inspector Olga Efimova. For this, the judge asked for 400 thousand rubles. At the same time, another judge, Svetlana Afanasyeva, considered the case, Anna Bondarenko did not have the opportunity to influence the verdict, investigators say. After the parties agreed on a bribe, Olga Efimova reported the impending violation to the regional FSB. In October 2020, as part of an operational experiment, Ms. Efimova transferred money to Nikolai Belousov, after which both were detained by the security forces. Later, Nikolai Belousov, in the building of the Industrial District Court, handed over the illegal reward to Anna Bondarenko. The judge was detained at the exit of the building. In 2021, Olga Efimova was found guilty of a crime and sentenced to a suspended sentence.
As Dmitry Gorbunov, a partner at Rustam Kurmaev & Partners, explains, terminating a judge’s resignation is a measure of responsibility, since it implies the impossibility for such a person to receive the honorary status of a retired judge, as well as the benefits and privileges provided for by federal law: “For example, a monthly life sentence content for judges with more than 20 years of experience. Judges are expected to resign as a general rule for health reasons, age or due to transfer to another position. In the event of the occurrence of circumstances incompatible with the high status of a judge or a retired judge, for example, the presence of a conviction that has entered into force, they resort to terminating the resignation.”
“A judge whose retirement has been terminated is still entitled to a pension. In addition, this decision itself can be appealed, although the chances of reconsidering the decision if there is a verdict are low,” says Dmitry Gorbunov.
According to Oleg Loginov, a lawyer at the Intellectual Capital law firm, according to available data, even before the verdict was passed, the defendant managed to resign in order to maintain all the benefits and social status of the judge: “First, the qualification board granted her petition. But at the meeting, which took place on September 23, it was decided to stop the resignation.”
“At present, Anna Bondarenko, on the basis of the above decision, is not entitled to a severance pay, as well as to a tax-free monthly life allowance in the amount of 80% of the monthly monetary remuneration of a judge working in the relevant position, as well as to other benefits and social payments due to judges. who have retired,” explains Oleg Loginov.
In February of this year, Ivan Yezhov, a former judge of the Avtozavodsky District Court of Togliatti, received a guilty verdict for taking a large bribe. The court chose the guilty punishment in the form of eight years of imprisonment in a strict regime colony and a fine of 1 million rubles. Also, the ex-judge is prohibited from holding certain positions for five years. Law enforcement officers found out that in March 2019, the accused received 550 thousand rubles through an intermediary. of the total amount of the bribe 1 million rubles. The money was transferred for the reclassification of the actions of the defendant from extortion on an especially large scale (clause “b” of part 3 of article 163 of the Criminal Code of the Russian Federation) to arbitrariness (part 1 of article 330 of the Criminal Code of the Russian Federation), the imposition of a judicial fine and exemption from criminal liability. In June last year, the Volzhsky District Court of Samara found its former judge Mikhail Burtsev guilty of bribery and sentenced him to seven years in a strict regime colony with a five-year ban on holding office as a government representative. As investigators have established, in 2019 Mikhail Burtsev promised for half a million rubles parole to the prisoner of correctional colony No. 26 in the Samara region Alexander Mukoedov.
Source: “https://acompromat.com/articles/osuzhdennaya_samarskaya_sudya_ostalas_bez_lgot_no_s_pensiej_.html”
Source: Russian elephant