A Sochi mother with many children appealed a fine for insulting the daughter of a kindergarten director

Sochi resident Elena Baranetskaya, who was fined for insulting the daughter of the head of a kindergarten in a parent chat, said that her right to defense in court was violated. The woman discovered that a number of documents were missing from the case materials; her appeal hearing is scheduled for July 28.

As "Kavkazsky Uzel" wrote, after the incident in the Sochi kindergarten, the parents of the pupils accused the institution's management of concealing facts of child abuse and inaction. At the same time, the prosecutor's office drew up administrative protocols against the parents themselves, accusing Irina Yatsko and Elena Baranetskaya of insulting the head and her daughter. On May 29, the court fined Yatsko five thousand rubles, and on June 3, Elena Baranetskaya was fined the same amount. According to Baranetskaya, the court refused to include evidence in the case, including correspondence confirming provocations by opponents.

Sochi resident Elena Baranetskaya, who was fined for insulting the daughter of the head of kindergarten No. 121 in a parent WhatsApp chat, managed to get acquainted with the case materials on July 22. Immediately after familiarizing herself with them, she filed an addendum to the appeal, revealing new facts of violation of her rights. She filed an appeal against the decision earlier, so as not to miss the deadline for filing a complaint.

“The mother of four children, the youngest of whom attends kindergarten No. 121, identified serious procedural violations that require the cancellation of the magistrate's court ruling, but to do this, she had to file addendums to the appeal based on information that was not known to her before familiarizing herself with the case,” lawyer Denis Vladimirov explained to a “Caucasian Knot” correspondent.

The case materials contain more than 200 pages of documents. They mainly contain correspondence in a general parent chat of parents outraged by the incident, screenshots of which were presented to the court by the headmistress's daughter. According to her, in this correspondence she found insults not only towards her mother, but also towards her. Elena Baranetskaya, when reviewing the case materials on July 22, did not find the minutes of the court hearing among the printouts from the chat. Moreover, the materials on 200 pages were numbered in pencil, which contradicts the established rules of legal proceedings.

In court, Baranetskaya was verbally informed that the minutes were not kept, since a corresponding petition was not filed, however, the woman had previously filed an official application for a copy of the minutes, which is also missing from the case. Elena Baranetskaya believes that her right to defense was grossly violated.

The absence of a protocol of the court hearing contradicts Article 29.8 of the Code of Administrative Offenses of the Russian Federation, which requires keeping a protocol with a record of the parties' explanations, motions, evidence and other significant information. "The protocol is the only objective document that records the course of the trial. Its absence hinders a fair trial and the protection of the parties' rights," explained lawyer Denis Vladimirov. He noted that the unofficial numbering of case sheets in pencil can create risks of falsification and alteration of materials.

In the submitted supplement to the appeal, Elena Baranetskaya indicated that at the time of filing the complaint, she was not allowed to familiarize herself with the case, noting that even the decision on the case itself was issued to her late. She asks the appellate court to request the protocol of the hearing or establish the fact of its absence, check the legality of the preparation of the case materials and assess the violations of the procedure for conducting legal proceedings, and also cancel the decision of the justice of the peace on the basis of the violations of the law.

According to Elena Baranetskaya, the headmistress's daughter Natalya Lazarenko deliberately provoked a conflict with the children's parents in the chat and also insulted her, but the court did not take this fact into account. "Without a protocol, I cannot prove anything. This is not recorded anywhere," she said.

The hearing of Elena Baranetskaya's appeal in the Adler City Court is scheduled for July 28, an employee of the court office told a "Caucasian Knot" correspondent. "We haven't received an addendum to the main appeal yet," he noted.

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