The criminal case was raised on case of fake documents of “Fire pastor” after publication in “For Motherland” newspaper and on site of Dnepropetrovsk Journalistic Investigation Agency.

Let us remind you. In a court where the pastor of one of non-traditional organizations has addressed to sue against a number of mass-media and journalists they paid attention to the fact that work-book which was given in 1989 during the times of Soviet Union was notarized by “trident” seal of independent Ukraine. Funny “cricks and acrobatic tricks” which were made by militias and public prosecutors who try not to “offend a good person” are interesting for the readers at least as cognitive.

From resolution of Zhovtneviy regional court of December, 9, 2009:

“We cannot agree with conclusions made by district inspector of Zhovtneviy regional department of 10.11.2009 because after having established the fact of forgery of notes made in work-book БТ-ІІ №2207041 , the legal estimation of its use by Maximov K.N. and Bondarenko P.J. was not made correctly.

There is an order №2-k of 08.01.2008 in rejection material. On its basis the chief accountant of the religious organization “Awaking Fire” Shmigel B.V. has made a note in work-book. This false information tells that Maximov K.N. was appointed for the job since 09.11.1992 with reference to order 1-k of 09.11.1992, but it does not correspond to this order.

The order 1-k of 09.11.1992 was not issued. The order of 2008 is not reflected in the work-book.

Having violated article 94 of Penal code of Ukraine the militia oficers having established basis and causes for criminal case, did not see violations of the law in the fact that fictitious notes were made in 2008; having established the fact of using such a document, they refuse to sue the criminal case.

Karasev J.O. states that while quizzing Mr. Maximov militia got to know about a Mr. Kazminov and a Mr. Panov who worked with documents of the “Awaking Fire” church in 1992 and 1993. But since Maximov spent much time abroad the coroner Karasev was not able to quiz him again.

Witnesses of the case also were not quizzed.

All abovementioned tells that inspection was held improperly and the decision was made prematurely. Om basis of the abovementioned the court has resolved the following: resolution on refuse of suing is to be cancelled. The refusal material is to be sent to the prosecutor of the Zhovtneviy district in order to hold additional inspection. Bashmakov E.A.”

So, the court has seen the vile manifestation of our legal reality. The problem does not lie in impossibility to find people who committed illegal actions. It lies in their unwillingness to give legal estimation to such actions and to call these people to proper account. Even the criminal action – i.e. forgery of national documents – the police prefer to call “making untruthful notes.” It is too mild to talk about “trident” seal of UkrPost in the document of Soviet times of 1989.

The resolution of the district court tells about falsification and usage of the work-book. It also contains names of people who faked the document and names of people who used this fake document in the court – i.e. “pastor” Maximov and his lawyer Bondarenko P. Article 358 of the Criminal Code tells how one should act with such people. What do district police do after they have received another resolution? They do nothing.

On January, 28, 2010 surveyor Karasev makes another resolution which refuses to sue criminal case. One can see from the text that no additional inspection was held. The conclusions of Zhovtneviy district court are completely ignored; the resolution part is copied from refusal resolution of 10.11.2009.

There is one more interesting thing. Militia oficers, who do not want to punish the falsifiers, just follow the principle “one will do anything just to do nothing”. Every time they name new people who were involved in faking the document. In the refusal resolution of 10.11.2009 inspector Karasev tell that Mr. Kazminov and Mr. Pinov were responsible for the documents of the “Awaking Fire” church.

In the resolution of 28.01.2010 the same inspector tells that a Mrs. B. is responsible for making false notes in the document. But it is impossible to quiz her as she did not come to court because of family problems. In the resolution made by Zhovtneviy district court of 09.12.2009 it is stated that Shmigel B.V., chief accountant of the “Awaking Fire” religious organization, made notes in the document.

A little more such paper creativity and it will appear that all managing personnel of the “burning church” are involved in faking documents. And so it will be possible to call then to account as organized crime group.

Maybe in order to avoid responsibility the case is sent to the fourth district department – Kirovskiy. At last, coroner Malyshko sues the criminal case. But it is made only based on part 1 article 358 of the Criminal Code, i.e. making of faked documents, and not based on part 3 of the same article, i.e. using of faked documents. Punishment for such using is more “solid.”

Mr. Lysenko, the prosecutor of Kirovskiy district, is trying to justify militia actions in his answer of April, 30: “Coroner Malyshko has brought an action against the fact of faking work-book given to Maximov K. H. Basing on the fact that during pre-court investigation of the criminal case № 65101370 the fact of using faked documents was not stated the criminal case can not be brought based on Part 3 Article 358 of the Criminal Code of Ukraine”.

It is fondly to assume that investigators from Kirovskij district did not read rejection material which was sent to them from Zhovtnevyj district. It tells that “militia oficers from Zhovtnevyj district have stated the fact of using the work-book and without any explanations refuse to bring the criminal case against this fact.” The investigators from Kirovskij district copy their colleagues from Zhovtnevyj district. If grownup gentlemen who are educated lawyers and officers allow themselves to be “fools” and “not see” the facts that are documented and lie on their tables, it is obvious that they have deep reasons for that. These reasons are deep, if they make militia oficers to risk and to expose themselves to criminal responsibility for hiding crimes. It is notable, that Kirovskij district is also trying to get rid of the “insoluble” problem. Senior investigator Malyshko passed this case to City Department of Ministry of Internal Affairs and went on vacation.

Taking into account the fact that the faked work-book together with main exhibit and figurants are not to be count as undisclosed crime, it may surprise that rather strange behavior of policemen from four district departments has not yet come the object of interest for Internal Security Office. And this brings to particular thoughts.

Experts have already told about issue of the day for Ukraine, i.e. absolute power of religious leaders over their adepts’ consciousness. One of illustrations of such power is the falsification of documents of state model “for the sake of good aims”. An accountant who works with documents of strict accounting having spent several years in such an organization does not see anything bad in hiring his leader in 1992 basing on the order issued in 2008. A lawyer whose mission is to defend laws and rights does not see anything bad in giving one work-book for one court and another work-book, which is better than real one, for another court. One can imagine what “fire believers” do on worldly work when they get access to governmental and commercial documentation. Slow temps of investigation prevent from giving answer to the main question, i.e. where did “unknown authors” of the work-book of “known person” got the seal of such a sound organization like regional board of “Ukrposhta”. It is not necessary to explain what misuses can be made if it gets to “wrong hands”.

One can not speak about some special adherence of Dnepropetrovsk militia to exotic religion and influence of “fire pastor”. But, it is obvious that after speaking with representatives of this religious group prosecutor ranks stop seeing evident things; stop perceiving reality appropriately and stop carrying out their duties properly. According to Article 2 of Law of Ukraine about militia “law guards” are to disclose crimes and seek those people who commit crimes. But instead they write something inarticulate, i.e. “it is impossible to determine witnesses and person who has committed the crime; it is also impossible to determine impartial circumstances of the case”. But it is impossible not because of some4 cataclysms, but because of the fact that someone did not want to come to regional department of militia.

Dnepropetrovsk Journalistic Investigation Agency

http://ajr.org.ua/?p=1584

Published in newspaper of Committee of Slam-bang Corruption and Violation of Human Rights "For Motherland" № 6, July, 2010 

 P.S.: Journalistic Investigation Agency got over one hundred documents on this case. One can think over writing a separate collection called “Modern technologies of receiving crimes by militia collaborators on example of Dnepropetrovsk region”.