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Decision of the Supreme Court of the Russian Federation, Case 10-1055, 6 September 2010 on Bugrova Lada Stanislavovna's challenge of item 11 of Statement on allowance conditions of people detained for administrative offence, nutritional standards and medical services provided to these people approved by the government of the Russian Federation from October 15, 2003 of No. 627

 

06.09.2010

 

   Supreme Court of the Russian Federation

   Case No. 10-1055

   DECISION

   Moscow September 6, 2010

   Judge  of the Supreme Court of Russian Federation Yemysheva V.A having
   considered  Bugrova  Lada  Stanislavovna's  challenge  of  item  11 of
   Statement   on   allowance   conditions   of   people   detained   for
   administrative  offence,  nutritional  standards  and medical services
   provided  to  these  people  approved by the government of the Russian
   Federation from October 15, 2003 of No. 627,

   established:

   Bugrova  L.S  appealed  to the Supreme Court of the Russian Federation
   with  this  claim.  I  consider  that this claim is to be left without
   movement  under  Article  136  of  the  Civil Code of Procedure of the
   Russian  Federation (CCP) as it is submitted without observance of the
   requirements established in articles 131, 132 of this Code.

   Under  article  3  CCP of Russian Federation the interested person has
   the  right  in  an order established by the legislation on civil legal
   proceedings,  to  appeal  to  Court  for  protection  of the broken or
   challenged  rights, freedoms or legitimate interests. The court brings
   a  civil  action  following the claim of a person who has appealed for
   protection of the rights, freedoms and legitimate interests (article 4
   CCP of the Russian Federation).

   Under  item  4  of  Part 2 of Art. 131, Part 5, art. 251 Code of Civil
   Procedure   of  Russian  Federation  it  should  be  specified  in  an
   application  what  rights  and freedoms of a citizen are violated by a
   disputed legal act or its part , what kind of violation of his rights,
   freedoms and lawful interests and requirements occurs.

   Checking  the  legality  of normative legal act under of Art. 251, 253
   Code  of  Civil  Procedure  of  Russian Federation can be made for its
   compliance with federal law or other normative legal act.

   As  the  applicant  specifies, her spouse was detained by the staff of
   the  Octyabsky  District Office of the Ministry of Internal Affairs in
   Yekaterinburg  to  administrative proceedings and placed in a cell for
   administrative  detainees.  The  area of the cellis 8.6 square meters,
   with him in the cell there were at least seven people. Due to the lack
   of  space  in the cell he was forced to sit on the flooring with other
   detainees  and  was unable to lay down. As a result of overcrowding of
   the  cell  caused  a fight, during which he was injured. On the day of
   arrest her husband died.

   Bugrova L.S does not specify in the claim in what the violation of her
   right is.

   In  addition,  in  the  reasoning  part  of  the  claim  the applicant
   challenges  item  11  regarding  establed  standards  for one detained
   person  of at least 2 square meters, however, in the pleading part the
   application asks to recognize the whole item invalid.

   In  this  connection Bugrova L.S. should issue a claim challenging the
   legal  act  in  accordance  with  the above mentioned standards of the
   Russian  Federation Code of Civil Procedure, in particular, to clarify
   which  specific  provision  (paragraph, sentence, etc.) of item 11 she
   requests  to  declare  invalid,  how the provisions of federal laws or
   other  legal  acts  are  contrary to the disputed provisions, and what
   this  contradiction  is,  how  and  which of her rights and legitimate
   interestsare violated by the challenged provisions.

   Under  Art.  132  Code of Civil Procedure Code materials providing the
   circamstances of the claim must be attached to the application.

   Guided by art. 136 Code of Civil Procedure of the Russian Federation,

   it is determined:

   to  leave  L.S.Bugrova's  claim  without movement; to eliminate stated
   deffects up to 28 September 2010.

   If  the instructions of the Judge are not fulfilled and the papers are
   not  submitted to the Court in time, the application is considered not
   submitted and is returned to the applicant.

   The  determination  can  be appealed in Cassation Board of the Supreme
   Court within ten days.

   Judge of the Supreme Court of Russian Federation Yemisheva V.A.


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