TO THE PUBLIC PROSECUTOR OF OBNINSK M.A. NARUSOV
REQUEST
to institute criminal proceedings
On July 8, 1999 at a meeting of the Committee of the Mothers of Soldiers of Obninsk among those present there was the deputy of the City Assembly T.M. Kotlyar. She openly called the parents of conscripts and the soldiers serving in the Army not to receive the call up papers from the Military Commissariat, not to let their children go to the Army and recommended the conscripts to evade the military service. At the same time she was distributing among those present the newspapers of an antistate and antiarmy content.
Earlier T.M. Kotlyar - although she is deputy of the City Assembly and in virtue of her official duties she has to observe the Russian Constitution - was carrying out an antistate propaganda among the population, including the people who do not live in her territorial district, i.e. in every possible way she was agitating the young people to evade the military service, i.e. to violate the Russian Constitution and the Compulsory Military Service federal law. In addition to that she distributes Antimilitarist bulletin and leaflets like "You do not want to go to the Army?" (enclosed).
I would like to draw Your attention to the fact that, according to Kotlyar, our Army is a militarist police organisation. According to her, refusing to go to the Army is a "civil duty" (see the leaflet).
We have no information if the Antimilitarist Radical Association (ARA) - on behalf of which Kotlyar and her son Neverovskii D.A. distribute these printed materials with an open appeal against the Army, recommendations for those who want to evade the military service - is officially registered or not. A question is bound to arise: for what means Kotlyar buys these printed materials and leaflets that she distributes and for what means she can afford herself to participate in the trials, in other towns as well, including Kaluga?
In this way, taking refuge in the right of a citizen to apply for the alternative civilian service instead of the military service, Kotlyar T.M. calls the people to refuse the military service - in fact, she instigated the young people to commit a crime, provided in Art. 328 of the Russian Criminal Code.
Kotlyar T.M. exercises her functions of a deputy on a permanent basis and exploits her official position, damaging the State, in particular, provoking the evasion of the military service. We do not know if she does this for mercenary ends, but we know form the press that she uses this theme for her personal profit, in particular, in her election campaign. I would like to draw Your attention to the fact that she takes part in trials, representing the interests of the conscripts, during her work time (the cases of Konoplev, Krainov, Borisov, Gromyko, Urazov, Smirnov and others). She uses the forms of the Legislative Assembly of Obninsk - this contradicts the record-keeping legislation, because letters from a certain body or organisation may be signed only by the leaders of this organisation, in fact, she appropriates the powers that are not hers. Therefore, in Kotlyar's actions there are indications of the crime provided in Art. 285 of the Russian Criminal Code (abuse of the office powers).
Kotlyar is so carried away with her "right-defence activity", that in her written appeals to the official bodies she allows herself to tell lies, that is, to give wittingly false information, discrediting the honour and the dignity of the officials in the Military Commissariat of Obninsk, to undermine their reputation. In particular, Kotlyar T.M. appealed to the Public Prosecutor of Obninsk and informed him about the facts that can not be true. Therefore, in Kotlyar's activity there are indications of the crime provided in Art. 129 of the Russian Criminal Code.
Taken into consideration the above stated, I ask to institute criminal proceedings on these facts. Inform me about Your decision.
Military Commissar of Obninsk
colonel A. Podgurskii