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The court defended Euroset

12/14/2004

Yesterday, the Krasnooktyabrsky District Court of Volgograd rejected the protest of the district prosecutor's office, which accused the company "Euroset" of drug propaganda. We are talking about removable panels for mobile phones released by the company for sale with an image of hemp leaves and the inscription "hemp" (translated from English - hemp, hashish, marijuana). The prosecutor's office intends to challenge the decision of the district court in a higher court.

Last summer, employees of the Department for Control over the Circulation of Narcotic Drugs and Psychotropic Substances in the Volgograd Region found cell phones with images of hemp leaves on their panels and the English inscription "hemp", which in English slang means "hemp, hashish, marijuana" in one of the Euroset stores. After conducting an internal investigation, the State Drug Control Service issued a ruling to hold OOO "Vystavka Mobil'noye Svyazi "R" Volgograd" ("Euroset") administratively liable under Article 6.13 of the Code of Administrative Offenses - "Propaganda of narcotic drugs, psychotropic substances". This article provides for a fine of 400-500 minimum wages and confiscation of products.
On September 9, the investigation materials were reviewed by the justice of the peace of Krasnooktyabrsky District Nina Zhabina. The prosecution relied on an examination conducted by Volgograd specialists. Linguists from the Philological Department of Volgograd State University confirmed that the English word "hemp" is slang for marijuana, hashish or hemp. In general, the design of the telephone panels was interpreted as "indirectly introducing to drug use". However, the lawyers of "Euroset" managed to prove, with reference to independent experts, that the panel depicted an abstract plant that cannot be classified. The word "hemp", from the point of view of the defense, is not necessarily considered English, and in this case it can have many meanings unrelated to drugs. As a result, the judge terminated the hearing of the administrative case against the company "Euroset" due to the lack of corpus delicti. After this, the prosecutor's office of the Krasnooktyabrsky District filed a protest with the district court.
Yesterday, the Krasnooktyabrsky District Court of Volgograd considered this protest. The hearing took several minutes: the ruling of the justice of the peace was left unchanged, and the protest of the prosecutor's office was not satisfied.
After the trial, Vladimir Fadeyev, senior assistant to the Krasnooktyabrsky District Prosecutor, told Kommersant that after receiving the court decision, it would be appealed in the regional court. "We believe the district court's decision is unjustified, since the examination established drug propaganda," Mr. Fadeyev said. Moreover, Maxim Filin, head of the investigation and administrative practice group of the State Drug Control Service, believes that this case is of fundamental importance in the fight against similar violations. "This is the first such case in our practice, and if we are proven right, we will begin searching for similar products and deal with their suppliers," Mr. Filin said, specifying that they have information about goods sold in the city that could also be considered drug propaganda. He did not specify which goods, "so as not to scare off the sellers."
Meanwhile, Euroset lawyer Alexander Papchenkov is confident that Euroset will be proven right in the future. "The case is far-fetched, and the prosecution's expert analysis does not actually prove anything," he told a Kommersant correspondent. According to him, similar cases involving Euroset have already been heard in Voronezh, Astrakhan, Novgorod and other Russian cities and were subsequently won at the federal level.

kommersant.ru

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04/21/2007
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