Fruits of the Poisoned Tree or the Consequences of Anonymous Appeals to the FAS RF

The article analyzes fraudulent schemes carried out with the help of anonymous appeals to state authorities that send them to other bodies, and they, having received appeals from other bodies, do not recheck the initial appeal, which is anonymous (or appeal on behalf of another person without his consent) and therefore cannot entail legal consequences according to the ban on the consideration of anonymous appeals by state bodies, established by part 1 of article 7, part 1 of article 11 of the Federal Law of 02.05.2006 N 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” and the ban on the use of the name of another person without his consent, established in paragraph 4 of Article 19 of the Civil Code of the Russian Federation. Unfortunately, in some cases, the courts do not see any problem in the fact that state bodies demanded information, even when the requirements were obviously redundant. The courts proceed from the fact that the public authority is not aware that the initial appeal was anonymous or made using the name of another person without his consent. As a result, this leads to the violation of the above-mentioned prohibitions. The author proceeds from the principle of “fruits of the poisonous tree”, which translates into the invalidity of the result obtained from primary vicious actions. This principle dates back to Roman private law, which developed the idea of fraus omnia coirrumpit.