The Gordeyuk case is a civil trial “on the protection of honor, dignity and other intangible goods” for journalistic investigations of plagiarism in the dissertation of Judge D.V. Gordeyuk [1] , published in Novaya Gazeta and The New Times .
On October 25, 2013, the Dissernet community published the results of an examination of a dissertation for the degree of candidate of legal sciences Dmitry Viktorovich Gordeyuk “Child's place of residence: problems of theory and practice” [2] , which was defended on April 23, 2004 . The supervisor of studies was Yuri Fedorovich Bespalov, Doctor of Law . The work was carried out and approved by the dissertation council at the Russian Law Academy of the Ministry of Justice of the Russian Federation . According to the borrowing table published on the Dissernet community website [3] , large-scale borrowings from the doctoral dissertation “Theoretical and practical problems of the implementation of the child’s family rights in the Russian Federation” [4] , defended by Yu. F. Bespalov in 2002, were identified in the dissertation the same Russian Law Academy of the Ministry of Justice of the Russian Federation .
On October 29, 2013, Alexei Navalny sent letters to the chairman of the Moscow City Court Olga Egorova and the chairman of the Qualification Collegium of Judges of Moscow Larisa Polyakova, in which he described the data of Disseta about the discovery of large-scale borrowings in D.V. Gordeyuk’s dissertation [5] [6] . Aleksey Navalny drew attention to the fact that in accordance with the Decree of the Government of the Russian Federation No. 74 dated January 30, 2002, in connection with the expiration of a three-year statute of limitations [7], the award of D.V. Gordeyuk’s candidate degree cannot be appealed, “... however this cannot serve as a basis for not bringing him to disciplinary liability by the judicial community for committing acts that discredit the honor of a judge . ” Nothing is known about the existence of answers to letters in full compliance with Federal Law of May 2, 2006 No. 59-FZ “On the Procedure for Considering Appeals of Citizens of the Russian Federation” [8] .
Content
Media Publications
On November 9, 2013, according to an examination of the Dissernet community , an article in the Novaya Gazeta newspaper published an article by the correspondent of the newspaper Nikita Girin, “Your Plagiarism, Your Honor?” Incorrect borrowings were found in the dissertation of a judge who rejected complaints about the arrests of “prisoners of Bolotnaya ” [9] :
| Moscow City Judge Dmitry Gordeyuk became famous last summer. Then, as part of the board of criminal cases on appeal, he dismissed the cassation complaints about the arrests of defendants in the “ swamp case ” Andrei Barabanov, Fedor Bakhov, Yaroslav Belousov, Stepan Zimin and Maxim Luzyanin. Fame played a cruel joke with Gordeyuk. Recently, the Dissernet community discovered a candidate for him and checked it for plagiarism . It turned out that more than fifty pages (out of 118 “substantial”, that is, without a table of contents, bibliography, appendices) of his work “Child's Residence: Problems of Theory and Practice”, defended in 2004 , there are incorrect borrowings from the dissertation of Yuri Bespalov “Theoretical and practical problems of the implementation of the family rights of the child in the Russian Federation”, defended two years earlier. In 2004, Yuri Bespalov , Doctor of Jurisprudence, was the scientific director of Gordeyuk, and now he is the secretary of the Scientific Advisory Council at the Moscow City Court . |
On November 11, 2013, columnist Zoya Svetova published an article entitled “Plagiarists in Mantles” in The New Times [5] , which also stated that 56 pages of the 118 D.V. Gordeyuk dissertation were found to have been copied from a doctoral dissertation, defended for two years earlier Yu. F. Bespalov:
| The first judge appeared in the Dissernet collection to be plagiarized - Dmitry Gordeyuk, co-author of the Moscow City Court chairman Olga Egorova , who wrote several legal manuals with her [10] [11] . |
Litigation
Retired Judge Yu. F. Bespalov and Moscow City Court Judge D.V. Gordeyuk filed a lawsuit "for the protection of honor, dignity and other intangible goods" in the Basmanny District Court of Moscow with Novaya Gazeta and the Presnensky District Court of Moscow with The New Times . At the same time, in their statement of claim, they insisted that the statement “Having studied his (D.V. Gordeyuk) dissertation, the dissertation lawyers found in it serious borrowings from the work of his supervisor, retired judge Yuri Bespalov” is false and insults their self esteem .
November 22, 2013 the lawsuit was accepted for production.
On December 6, 2013, the Basmanny District Court of Moscow granted the claim for the protection of the honor and dignity of Yu. F. Bespalov and D.V. Gordeyuk to Novaya Gazeta in full. The publication was ordered to remove the article on plagiarism in the scientific work of judges. The court also recovered a total of 410 thousand rubles from Novaya Gazeta and its author Nikita Girin as compensation for non-pecuniary damage in connection with the article “Your Plagiarism, Your Honor?” Dated November 9 [12] :
| The Basmanny Court of Moscow fully satisfied the lawsuit of the judge of the Moscow City Court Gordeyuk D.V. and the secretary of the Scientific Advisory Council at the Moscow City Court , retired judge Bespalov Yu. F., who did not like the article “Your plagiarism, your honor?”. Novaya Gazeta and its correspondent Nikita Girin, by decision of Judge Galina Demidovich, must collectively pay these gentlemen 300,000 rubles. In addition, the editors were obliged to publish a refutation and remove the article on D. Gordeyuk’s dissertation from their website. In fact, there was no court. The plaintiffs considered below their dignity to appear at the meeting. Or, they were just so sure in the end that they didn’t even send their representative to participate in the proceedings. Novaya Gazeta had to polemicize from scratch. And also with the judge, who in a very inelegant way agreed with almost everything that the plaintiffs asked for or objected to, and refused the newspaper all significant petitions, depriving us of the right to defense. |
On December 13, 2013, the Presnensky District Court of Moscow, like the Basmanny District Court, upheld the lawsuit of Yu. F. Bespalov and D.V. Gordeyuk against The New Times magazine and columnist Zoe Svetova , obliging them to pay a total of 1.1 million rubles compensation [13] [14] :
| On December 13, Judge of the Presnensky Court of Moscow Marina Tsyvkina fully satisfied the lawsuit of the judges against The New Times and its observer Zoe Svetova . Retired judge Yury Fedorovich Bespalov and Dmitry Viktorovich Gordeyuk, judge of the Moscow City Court, filed a lawsuit in court about “protecting honor, dignity and other intangible goods” demanding compensation for moral damage in the amount of 1 million 100 thousand rubles. The trial of the lawsuit by the judges against The New Times and journalist Zoe Svetova took half a day. The meeting began at09.00 , and already in 15.00 the judge of the Presnensky court Marina Tsyvkina read out the decision, having satisfied the claim in full. |
This process was accompanied by the following events:
- Representatives of the plaintiffs, Yu. F. Bespalov and D.V. Gordeyuk, did not appear at the hearing, the defendants were refused the call of the plaintiffs, despite the fact that the lawyer Vadim Prokhorov [15] twice stated the need for their presence.
- Judge Marina Tsyvkina did not attach copies of the texts of the dissertations of Yu. F. Bespalov and D.V. Gordeyuk to the case and refused to conduct their examination .
- Attorney Vadim Prokhorov twice challenged judge Marina Tsyvkina, but he was not satisfied: columnist Zoya Svetova stated that judge Olga Egorova (co-author of plaintiff Yu.F. Bespalov) hired M. Tsyvkina for work, and therefore questioned her impartiality. The judge refused to challenge.
On February 10, 2014, the Moscow City Court recognized the decision of the Basmanny Court as legal. However, on October 28, the Supreme Court of the Russian Federation overturned the decisions of the Basmanny Court and the Moscow City Court. The reason was that the courts “did not establish whether the allegations of plagiarism are true”. The Supreme Court decided to forward the case for new consideration, while in order to avoid a conflict of interests, the case was sent not to Moscow, but to another subject of the Russian Federation [16] . The Mytishchi city court, which received the case, on May 14, 2015 refused to D.V. Gordeyuk the satisfaction of the claim against Novaya Gazeta. On October 5, 2015, the Moscow Regional Court upheld this decision.
Opinions and reaction
According to journalists, the judges considering the case represented the injured party - the plaintiffs themselves did not appear in court, there were no representatives. Neither witnesses nor expert opinions were required to reach a decision. The speeches of the advocates of Novaya Gazeta and The New Times magazine, their arguments also did not play any role in the process. The decisions of both courts were the same: to satisfy the claims in full, and the plaintiffs did not justify the amount. In this regard, it was suggested that the imbalance in the amount of claims of court decisions is designed to bankrupt the press publishing such materials.
However, this is contrary to the decision of the Plenum of the Supreme Court of the Russian Federation of February 24, 2005 “On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities” [17] , which the highest court has banned Russian citizens and organizations to ruin the media, demanding from them through the court multimillion compensation for non- pecuniary damage :
Compensation for non- pecuniary damage is determined by the court when making a decision in monetary terms. In determining the amount of compensation for non- pecuniary damage, the courts should take into account the circumstances specified in paragraph 2 of Article 151 and paragraph 2 of Article 1101 of the Civil Code of the Russian Federation , and other circumstances noteworthy. If untrue defamatory information is disseminated in the media, the court, when determining the amount of compensation for non-pecuniary damage, must take into account the nature and content of the publication, as well as the degree of dissemination of false information. In this case, the amount of compensation for non- pecuniary damage to be recovered must be proportionate to the harm inflicted and not lead to infringement of the freedom of the mass media .
According to one of the founders of the Dissernet community , Andrei Rostovtsev , in the Gordeyuk case, the judicial system has invaded the sphere of interest of academic science , since the scientific community itself must deal with plagiarism [18] .
Regarding the lawsuits, the Dissernet community drew attention to the fact that its experts and reporters do not use words like “ theft ”, “ forgery ”, “ fraud ”, “ plagiarism ” and derivatives of them, including “ thief ”, “ fraudster ”, “ plagiarist ”, etc., - since these concepts are mentioned in the Criminal Code of the Russian Federation and these acts constitute a criminal offense , and urged to choose the words used in the descriptions of the community’s work The Dissernet [18] .
Materials on the “Gordeyuk case” published in the media have been widely distributed on the Internet . The defense party intends to appeal to the Moscow City Court [19] .
Notes
- ↑ Gordeyuk Dmitry Viktorovich. Judge's card. Pravo.ru
- ↑ Gordeyuk D. V. “Child's place of residence: problems of theory and practice”: Author. dis. ... cand. legal sciences . - M .: Russian Law Academy of the Ministry of Justice of the Russian Federation, 2004. - 23 p.
- ↑ Gordeyuk Dmitry Viktorovich (2004). Loan table
- ↑ Bespalov Yu. F. Theoretical and practical problems of the realization of the family rights of the child in the Russian Federation: Dis. ... Dr. jur. sciences . - M .: Russian Law Academy of the Ministry of Justice of the Russian Federation, 2002. - 348 p.
- ↑ 1 2 Svetova Z. F. Plagiarists in mantles. Who wrote the dissertation “The Swamp Judge”? The New Times, No. 36-37 (304), November 11, 2013
- ↑ Olga Egorova will not take action against the IGU judges suspected of plagiarism, but will take them in pencil. Pravo.ru, November 13, 2013
- ↑ Decree of the Government of the Russian Federation of January 30, 2002 No. 74 on the approval of the Unified Register of Academic Degrees and Academic Ranks and the Regulation on the Procedure for Awarding Academic Degrees
- ↑ Federal Law of May 2, 2006 No. 59-ФЗ “On the Procedure for Considering Appeals of Citizens of the Russian Federation”
- ↑ Girin N. “Your Plagiarism, Your Honor?” Incorrect borrowings were found in the dissertation of a judge who rejected complaints about the arrests of “prisoners of Bolotnaya”. Novaya Gazeta No. 126, November 11, 2013
- ↑ Egorova O.A., Bespalov Yu.F., Gordeyuk D.V. Housing law. Training manual. - M .: Unity-Dana, Law and Law, 2009. - 136 p. - 1000 copies. - ISBN 978-5-238-01652-8 .
- ↑ Egorova O.A., Bespalov Yu.F., Gordeyuk D.V. Commentary on judicial practice in family disputes. - 2nd ed. - M .: Yurayt, 2012 .-- 298 p. - 700 copies. - ISBN 978-5-9916-2152-6 .
- ↑ Novaya Gazeta statement on the decision of the Basmanny Court. Novaya Gazeta, December 7, 2013
- ↑ Ulyanova J. Court at the Zoological: details of the process and documents. Suit against The New Times, 12/07/2013
- ↑ Presnensky court wrote off from Basmanny: The New Times magazine ordered the judges of the Moscow City Court to pay a million rubles. Novaya Gazeta No. 141, 12/14/2013
- ↑ Prokhorov Vadim Yurievich, lawyer
- ↑ Decision of the Supreme Court of the Russian Federation of October 28, 2015 in the case of No. 5-KG14-95
- ↑ Consultant Plus. Plenum of the Supreme Court of the Russian Federation. Decree of February 24, 2005 No. 3 “On Judicial Practice in Cases for the Protection of the Honor and Dignity of Citizens, as well as the Business Reputation of Citizens and Legal Entities”
- ↑ 1 2 Rostovtsev A. Dissernet and justice. December 18, 2013
- ↑ NEWSru.com News :: The New Times Magazine ordered to pay a million judges for an article on plagiarism in a dissertation
Links
- Irek Murtazin. It’s not good to say that stealing is not good. 2013-12-07
- The publication, convicting the judges of the Moscow City Court of plagiarism of scientific work, was obliged to pay large compensation. 2013-12-14
- Andrey Rostovtsev . Dissernet and justice. 2013-12-18
- Selected places from the scientific work of the judge of the Moscow City Court D.V. Gordeyuk and his supervisor, retired judge Yu. F. Bespalov. Novaya Gazeta, Issue No. 139 dated December 11, 2013
- Selected places from the scientific work of the judge of the Moscow City Court D.V. Gordeyuk and his supervisor, retired judge Yu. F. Bespalov
- Judges of the Moscow City Court filed a lawsuit to defend honor and dignity due to publications about plagiarism in the dissertation. 2013-11-27
- The court recovered from Novaya Gazeta 410 thousand rubles for an article on plagiarism. 2013-12-06
- The New Times magazine ordered a million judges to be paid for an article on plagiarism in a dissertation. 2012-12-13
- The third power punished the fourth. ForSMI.ru. 2013-12-13
- Moscow City Court judges suspected by the media of plagiarism won more than 1.5 million rubles in two lawsuits. Pravo.ru 2013-12-13
- Krutilina, Christina. "Next year will be fruitful for the deprivation of academic degrees . " Chairman of the Higher Attestation Commission of the Ministry of Education and Science Vladimir Filippov . " New Izvestia " (December 18, 2013) . - “At the end of last week, the Presnensky and Basmanny courts of the capital collected 1.7 million rubles from the Novaya Gazeta , The New Times magazine and the journalists of these publications in favor of two judges of the Moscow City Court, in whose dissertations the Dissernet Internet community found plagiarism. The complaint about the dissertation is forwarded to the same dissertation council where this dissertation was defended, told “NI” the chairman of the Higher Attestation Commission (VAK) of the Ministry of Education and Science, RUDN Rector and former education minister Vladimir Filippov . ” Date of treatment December 19, 2013.
- Employees of the Moscow City Court returned to Novaya Gazeta 250 thousand rubles in the “dissertation case” // Novaya Gazeta, 03/13/2019