The court's refusal to recognize the illegal closure of the case regarding violence in the kindergarten in Sochi has been overturned.
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The Krasnodar Regional Court granted the appeal of Sochi resident Elena Baranetskaya and overturned the decision of the Adler District Court of Sochi, which had refused to satisfy her complaint about the police's refusal to initiate a criminal case regarding the abuse of kindergarten students.
As reported by "filed an appeal against the court's decision, which refused to recognize the police's refusal to initiate a criminal case as illegal.
In March 2025, the mother of a student from one of the kindergartens in Sochi accidentally filmed a video showing the teacher treating the children in a rough manner. She grabbed one of the girls and pushed her face into a plate, after which she handed food to another child. The video was initially posted in a parent chat and later published by several Telegram channels. More than 100 parents sent a collective statement to the prosecutor's office, the education department, and the administration of the President of the Russian Federation, demanding that a criminal case be initiated, a service investigation be conducted, and the teacher be banned from working with children. The prosecutor's office of Kuban stated that those responsible for the inappropriate treatment of children were punished, and the psychological climate in kindergarten No. 121 is normal. Parents believe that the teacher's dismissal and the disciplinary action against the kindergarten director are insufficient.
On August 4, the Krasnodar Regional Court granted Elena Baranetskaya's appeal, overturning the ruling of the Adler District Court of Sochi. The case regarding the verification of reports of non-pedagogical methods and the use of violence against students of kindergarten No. 121 has been sent for new judicial consideration in the court of first instance. The regional prosecutor's office supported the cancellation of the refusal.
"The complaint was filed against the refusal of the Sochi police to initiate a criminal case regarding the possible abuse of minor children by the teacher of MDOUB "Kindergarten No. 121" in Sochi," - Elena Baranetskaya told the correspondent of "Caucasian Knot".
The regional court agreed with the arguments of the prosecutor and my arguments, overturning the previously issued judicial ruling of the Adler court.
She personally attended the consideration of the complaint, and according to her, the representative of the regional prosecutor's office supported her position, stating that the procedural check conducted by the police department is incomplete, and the ruling on the refusal to initiate a criminal case is premature and illegal. "The regional court agreed with the arguments of the prosecutor and my arguments, overturning the previously issued judicial ruling of the Adler court," - the Sochi resident reported.
"The procedure for returning the case materials to the court of first instance with the preparation of a reasoned decision will take from two weeks to a month. After the materials are received, the Adler District Court of Sochi is obliged to resume the proceedings and summon the parties for a repeated consideration of the complaint," - a representative of the Krasnodar Regional Court's criminal cases office told the correspondent of "Caucasian Knot".
The documents clearly show serious legal and procedural flaws in the position of the investigative authorities and the district court.
Independent lawyer Sergey Vetrov, after reviewing the case documents, commented to the correspondent of "Caucasian Knot" on the situation: "The documents clearly show serious legal and procedural flaws in the position of the investigative authorities and the district court, which formally and incompletely approached the investigation of the situation that parents of kindergarten students turned to them for help and protection," - noted the lawyer.
"The first instance court in its ruling of April 28, 2026, limited itself to stating the fact of sending/giving Baranetskaya E.V. a copy of the ruling on refusal dated February 18, 2026. The judge actually evaded checking the legality and validity of the procedural decision itself, although the Resolution of the Plenary Session of the Supreme Court of the Russian Federation dated 10.02.2009 No. 1 explicitly obliges courts to check whether key circumstances have been investigated and whether the rights of participants in the process to access justice have been restricted," - Vetrov also noted.
Regarding the police investigation, according to the lawyer, "the materials indicate that over the year of investigation, the investigative authorities did not conduct an independent judicial psychological-pedagogical examination of the available video recordings (which recorded episodes of interaction between the teacher and the children), the decision to refuse was made mainly based on the explanations of the teacher Kalinichenko and the kindergarten administration, that is, individuals with a direct conflict of interest who naturally deny their guilt."
The lawyer also pointed out that the case materials recorded that the police for a long time did not execute orders from Moscow to interrogate the legal representatives of other affected children, in particular, regarding the episode of injury to students of this same kindergarten. According to him, "the refusal to initiate a criminal case in the presence of unfulfilled procedural orders directly violates the requirements of Articles 144-145 of the Criminal Procedure Code of the Russian Federation."
The investigation relied on internal reports from the institution's staff and the well-being of the children.
The lawyer also noted the absence of a special examination of the children, which is necessary in this situation and age. "Considering the nursery and early preschool age of the children, many of whom still speak poorly due to their age, the investigative authorities were obliged to involve independent child psychologists to interview the minors and assess their psychological state. Instead, the investigation relied on internal reports from the institution's staff and the well-being of the children," - noted Vetrov.
In January, the administration of Sochi informed parents that psychologists did not identify a "negative emotional-psychological climate in the group", while officials ignored the recording of the episode of abuse against the child. In April, a court in Krasnodar recognized the actions of officials from the Ministry of Education of Kuban as illegal, who ignored the violation of the rights of parents to freedom of speech and opinions in kindergarten No. 121 in Sochi, and obliged regional officials to eliminate the violations, however, officials do not consider themselves guilty.
The lawyer deemed it unlawful for the investigative authorities to justify their position for refusing to initiate a criminal case against the teacher by pointing to the absence of visible bodily injuries on the children at the time of the checks. The teacher's denial of intent to inflict physical pain and explanation of actions as "pedagogical necessity" or "hyperactivity of the students".
The lawyer asserts that from a legal standpoint, the arguments of the investigation and the court do not withstand criticism. "The elements of crimes provided for in Article 156 of the Criminal Code of the Russian Federation (failure to fulfill parental duties combined with cruel treatment) and Article 117 of the Criminal Code of the Russian Federation (torture) do not require the mandatory presence of serious bodily injuries. Cruel treatment can manifest itself in psychological violence, unacceptable measures of physical impact, humiliation of the dignity of minors. The formal response from the police without conducting examinations of video recordings and involving independent experts has been rightly recognized by the prosecutor's office and the regional court as incomplete and illegal," - noted Vetrov.
He also explained the legal consequences of the cancellation of the decision in the region for the Adler District Court. "The first instance court, when reconsidering Baranetskaya E.V.'s complaint in accordance with Article 125 of the Criminal Procedure Code of the Russian Federation, will be obliged to assess not only the timing of the delivery of documents but also the completeness of the conducted check and delve into the essence of the conflict itself," - the lawyer explained.
"If the first instance court satisfies the complaint, the ruling on the refusal to initiate a criminal case dated February 18, 2026, will be finally canceled, and the material will be returned to the head of the investigative authority for the elimination of the violations committed (appointment of independent examinations, conducting interviews with key witnesses and expert psychologists)," - he also noted. The lawyer has no doubt that those responsible for such treatment of minors will face criminal prosecution and imprisonment.
Baranetskaya herself, like the parents of other kindergarten students who support her, believes it is necessary to see this case through to the end. "Impunity can bring new problems and crimes against children, and what happened should not become the norm," - believes the mother of another kindergarten student Irina Yatsko.
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