Unlicensed driver and four dead. How will the court react to this?

It happened in September 2020 on the Tyumen highway — Mound. The Infinity car pulled into the oncoming lane and crashed into the Lada Granta. The driver was alone and survived. The driver of the “Lada” and three passengers, including a 4-year-old girl, died instantly.

Infinity against Lada

On September 21, 2020, a Lada Granta car was driving from Tyumen to Kurgan. His driver, Nikita Ketov, arrived in Tyumen from St. Petersburg a few days earlier in a new status: in August he entered a master's degree at the St. Petersburg Mining University. He was going to collect his winter things and see his relatives, including his grandparents, who live in Kurgan. In his “Lada Granta” he took traveling companions: parents with a 4-year-old daughter.

The road is difficult: dark. And suddenly, at mile 141 of the runway, an Infinity FX45 flies into the lane the Grant is traveling along. And that's it. Four died instantly.

The Infinity was driven by Konstantin Makarov, 27, who, in fact, did not have a driver's license. Never. During interrogation, he explained: “I don't have a driver's license for the right to drive a vehicle, I never received it, but I have skills driving.” 

In addition to his driving skills, he also had numerous fines for speeding (including dozens of unpaid fines totaling more than 100,000 rubles), as well as an accident in a state of accident. drunk in 2018 with serious bodily injury to a passenger. But the passenger was his wife and the perpetrator of the accident did not face criminal sanction, although the court order says the driver “was criminally negligent” . And in the file there is a document indicating that Makarov was intoxicated. The parties have reconciled: the wife stated that she had no complaints against her husband-driver. 

That is to say that& #39;a person without a license drove regularly, in violation of traffic rules. Documents confirming this are available in the documents of this criminal case. And the investigation and the prosecution did not consider all these facts as aggravating circumstances in the Makarov case.

Speed ​​versus safety

That evening, in poor visibility, he again drove at a speed possibly exceeding the legal limit, according to the testimony of a witness whose car, shortly before the accident, was overtaken by Infinity. In addition, signs have been installed along this straight road after 3-4 km, warning of the danger of wild animals appearing on the roadway. says Lawyer Artyom Sargsyan, — it is said that the driver should drive the vehicle not only at a speed not exceeding the established limit, but taking into account road and weather conditions. This means that in the weather conditions of that day, the speed should have been below the established limit of 90 km/h.

However, the actual speed of Makarov's car has not been established. The conclusion of the auto-technical examination, made on the basis of Makarov's own testimony and the position of the frozen speedometer needle, is quite unclear: the actual speed before the collision could have been above 80 km/h. At the same time, automotive expert Khaidarov reported that some of the data needed for a full review was missing.

There are a few other interesting facts. The day before the fatal accident, Makarov had a birthday. And in the glove compartment of his car was found a transparent bag containing a substance of plant origin. As it was later established, it is nasvay (it is not included in official lists of narcotics, but law enforcement agencies are well aware of its effects on the man). Asked by the investigator about the purpose of this substance, Makarov replied that he bought it for friends. The survey had no further questions.

Judging by the details of Makarov's calls provided to the inquest, he calmed down at 5 a.m. on the fateful day, and while driving down the highway he was distracted by conversations and internet on the phone. And literally minutes before tragedy sets off internet traffic.

Was he under the influence of nasvay at the time of the accident? On this occasion, one can only speculate, since the medical examination of the fatal accident participant was carried out only a day later. At the same time, according to the certificate on the results of chemical and toxicological studies, issued 3 days after the accident, morphine was found in his urine. It is known that the ambulance attendant, who arrived at the scene of the accident, injected him with an anesthetic to relieve the pain. Investigators did not check if this painkiller could leave traces of morphine and took the word of the paramedic.

The driver of the “Lada” Ketov, according to the conclusion of the forensic chemical examination of his body, was sober at the time of the accident: no alcohol was found in his blood.  

The case went to court without a qualifying sign — drunk.

Participant in an accident against orphans

There are two orphans left in the Ivanov-Adygezalov family: 15 years old at the time Asya and Ramis, 19 years old. The brother had to become an adult quickly: he took custody of his sister and now works, supports and takes care of her. When asked if Makarov tried to apologize or offer help, Ramis and Asya said no. Moreover, according to them, he behaves defiantly in court.

“He defiantly arrives in the same car as the wrecked one, but new, — said brother. — He plays for the public: he walks with a cane (in the file he has injuries) , as he easily jumps over the barrier tape and climbs the stairs so quickly that I, being in good health, cannot follow him.When the court read the wounds of the dead, he He listened with a smile.

Asya adds. — He didn't have a cane. He also recognized me and started to turn away.

< p>According to investigators, a wild boar jumped onto the road in front of Makarov's car: as a result of a collision with him, the car skidded into the opposite lane, after which the accident ended. 39;is produced.

Ramis and Asya, who arrived at the scene of the accident immediately after carrying away the bodies of the dead, say they examined the area carefully: the Ministry of Emergency Situations told them that things could have happened. disperse and had to be recovered. Illuminated not only with flashlights, but also with the high beams of the headlights of the car in which they arrived. Neither the carcass of a boar nor its blood they saw. On the road, according to Ramis, there were only technical fluids: oil, antifreeze. 

The next day, when inspecting the cars, Ramis and his friends did not #39; have also not found any blood on the bodywork of the Infinity. By the way, they walked through the site where the cars were stored without a hitch, making sure there was no adequate security.

Photo: Olga Saprykina

The lawyer adds: “The record does not establish that Makarov hit a wild boar and, as a result, drove into the oncoming lane. There is only one photo taken in the dark. The place of discovery of the wild boar carcass and its location relative to the road during the inspection of the premises are not described. And the death certificate of the boar, drawn up by the forester Latyshev, was lost, as well as the telephone with the photographs.

Thus, it is impossible to say with certainty whether he it was the wild boar that caused the accident, as assured by Makarov and the investigation. Could the boar have died of something else? This question is pending.

Questions for the investigation and the court

The victims still have many questions for the investigation. Including why a preventive measure (in the form of a written commitment not to leave) was applied to a person who committed a fatal accident killing only four people on April 8, 2021 — almost six months after the accident. And why was the repeated self-technical examination, requested by the injured party, not appointed, if during the first self-expert Khaidarov noted that there is no didn't have enough data for a full review? 

The case is currently being considered by the Isetsky district court of the Tyumen region. The victims requested the transfer of the trial to Tyumen (to the place of residence of themselves and Makarov), but the court refused. All victims regularly go to meetings on the same — very difficult for them — track, which cannot be said about the accident participant Makarov. He and his lawyer repeatedly missed hearings without telling the court in advance.

The next hearing is scheduled for soon. Meanwhile, at the end of last year, the State Duma adopted in its first reading a law providing for tougher penalties for drivers who flagrantly and systematically violate traffic laws.  

MEPs indicate that for repeated speeding offenses in 2020 202.1 thousand cases were initiated in the year, for oncoming driving 44.8 thousand cases. Accident statistics show that more than 40% of drivers are not stopped by the fact that they are brought to administrative responsibility and repeatedly violate traffic rules in excess of speed, and 10% re-enter the oncoming lane.

Introducing Appropriate Criminal Code Amendments — initiative of the United Russia faction. “We believe it is fair to propose severe penalties for those who have repeatedly violated traffic laws, endangering the life and health of people…” — considers pSpeaker of the State Duma of Russia Vyacheslav Volodin.

Did the investigators, by referring the case against Makarov to the courts, understand that toughness against persistent traffic violators — Is this an important area of ​​public policy? What can the court do in such a situation?

Источник aif.ru

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