16.11.2007
УПОЛНОМОЧЕННЫЙ РОССИЙСКОЙ ФЕДЕРАЦИИ
ПРИ ЕВРОПЕЙСКОМ СУДЕ ПО ПРАВАМ ЧЕЛОВЕКА
Representative Representant
of the Russian Federation . de la Federation de Russie aupres de
at the European Court of Human Rights la Cour Europeenne des Droits de
I'Homme
14, Zhitnaya, Moscow, 119991 tel. (495) 230-42^0, fax (495) 230-41-93
EUROPEAN COURT OF HUMAN RIGHTS
ADDITIONAL MEMORANDUM
on application JVs 43724/05
Sverdlovsk Regional Branch of Russian Labour Party v. Russian
Federation
I confirm the receipt of your letter of 27 September 2007 inviting the
authorities of the Russian Federation to inform the Court of their
position regarding further observations on above application.
On the merits of the applicant's observations the Russian Federation
authorities inform of the following. aPHipk
The Sverdlovsk Regional Branch of Political Party "The Russian Party
of Labor" now does not exist, as on the specified branch reflected the
reorganization of Political Party "The Russian Party of Labor" (which
bona fide changed the charter and the name) which structural division
was the applicant. Also it is sufficient to point out that by 1
January 2007 the quantity of Sverdlovsk Regional Branch of Political
Party "The Patriots of Russia was 512 members, that in 4 times exceeds
quantity of members of the Sverdlovsk Regional Branch of Russian Labor
Parry as by 17 September 2002, what confirms that the reputation of
the Party the same as
interests and democratic rights of it's members have not been
affected. The Russian Federation authorities do not deny that the
Sverdlovsk Regional Branch of Political Party "The Russian Party of
Labor" has been registered and acted as the legal entity, nevertheless
all its capacity had been voluntary transferred to the Sverdlovsk
Regional Branch of Political Party "The Patriots of Russia".
So the Sverdlovsk Regional Branch of Political Party "The Patriots of
Russia" carries out the activity in full and the present Sverdlovsk
Regional Branch of Political Party does not claim the violation of the
alleged right, guaranteed by the named Article. So, even if to assume
the violation, the currently existed Sverdlovsk Regional Branch of
Russian Labor Party does not hold the interest in adjudging it. The
applicant's claim that it's participants may be disappointed about the
possibility of the Russian Federation authorities pressure on them is
absolutely unfounded due to the fact that information contained in the
requested applications may hardly be treated more than the appropriate
control over the quantity of the political party, stipulated as the
compulsory requirement for functioning of party in the originally
democratic state.
The Russian Federation authorities believe, that ignorance by the
applicant of the legislation of the Russian Federation and also the
constitutional principles of activity of the government bodies and the
norms providing the rights and freedom of all citizens of the Russian
Federation, is not the basis for a recognition of imperfection of the
legislation of the Russian Federation, including the Constitution of
the Russian Federation, or infringements in work of the Ministry of
Justice of the Russian Federation.
Furthermore, the Russian Federation authorities would like to inform
the Court that the applicant's allegations in the name of Mr. Belyaev
on the unlawiulness of the liquidation of the Sverdlovsk Regional
Branch of Political Party "The Russian Party of Labor" had been
examined by national court in due course and were dismissed on the
ground cleared in its decisions. However, Mr. Belyaev failed to
satisfy the court requirements.
As for the rest, the Russian Federation authorities proclaim that the
applicant in it's observations on the memorandum failed to present any
substantial arguments having prejudicial value for the position of the
Russian Federation authorities, presented previously.
Yours faithfully,
V.MiIinchuk
Добавить комментарий: