The constitutional right to housing
the Committee for Civil Rights
The destitute old people, mothers and children. Who is guilty?
As the falsified parliamentary elections in 2011
Large-scale field experiments conducted in December 2011 in the parliamentary elections in Russia, showed that the actions of fraudsters We have strongly influenced the result. Scientists are asked to pay attention to what their research can be considered a milestone in the history of attempts to calculate scale fraud.
Experts estimate that in one Only Moscow fraudsters clocked "United Russia" at least 11 percentage points, ie 635 thousand. extra votes, allowing the party authorities to keep the majority in the Duma. "We started this project for the benefit of Society did not think about the scientific work. But when they saw how were huge consequences, decided that should be about it write ", - admits Maria Petrova from the New Economic School (NES), also collaborating with the School of Public and International Relations them. Woodrow Wilson and the Center for the Study of Democratic policy at Princeton University (USA).
Through the courts pass - not a bed
Argue with local officials or even complain about them - it's not hopeless, as it seems to many of our readers. Just need to clear understand their rights and to demand guarantees of compliance with them in the prosecutor's office and court.
Let's try to give advice to those who are faced with mutual responsibility of persons in positions of authority. As you know, came into force the new Code of Civil Procedure. That's it, and we will guide.
First of all be clear to whom and when it is necessary submit an application. Reader Mail revealed that one of the most A common misconception is the belief that it is necessary to pre-trial go through all the possible instances. Not at all. Regardless of walking on offices citizen has the right to demand judicial protection. The main thing is not skip the treatment period in the court. He is 3 months from the date when man became aware of the violation of his rights and freedoms (art. 256 CCP RF).
If you initially turned to a higher way of subordination instance, the term of this estimate should be subject to the provisions of the Law " About appealing against the actions and decisions violating the rights and freedoms citizens " (See Article 4 of ".. On introduction of the CCP RF "). In this case within one month from the date of receipt of written citizen notification to dismiss the complaint (or after 2 months after the filing of the application if a written response to it has not been received), he must go to court. Out of the current Code of Civil Procedure and the prohibition on simultaneous appeal to a higher court and the structure. And if the judge try in this case, to refuse to accept the application, it is necessary to remind his art. 248 and Art. 134 Code of Civil Procedure of the Russian Federation, which does not provide for such grounds for refusal.
contesting decisions and actions (inaction) of state authorities, local government officials, state and municipal employees, the applicant, in accordance with Part 2 of Article 254 of the Code of Civil Procedure of the Russian Federation, I choose the place of the proceedings. It can refer not only to the court based on the location of the defendant, and the court at his place of residence.
In a statement, it is important to make it clear that the offense of the officer must It is deemed unlawful, which rights and freedoms are violated as a result of (Part 1 of Article 247 of the Code of Civil Procedure). Just do not immediately show a claim for damages. Otherwise, the judge will leave the application without movement, and sometimes even refuse to accept. It is better to first make recognizing illegal the contested decision, and then in the usual claim right to claim damages and compensation for moral damage.
Communicating with government officials, remember that talk " to the case will not sew ". GIC Now regulate the order of the court audio and video recordings. In addition, all their appeals and requests, it is desirable to prepare in writing. If necessary, such a paper and responses possible used as forensic evidence.
List in witness statements (with their name, middle name, last name and place residence), which can confirm the fact of your misadventures.
/Vladimir Golubev, PhD in Law/
YES COURT CASE
To learn how to competently defend their in court, who complain about the judges and what punishment relies howling in a courtroom lawyer, says Candidate of Law Dr. Vladimir Golubev.
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