06.09.2010
Supreme Court of the Russian Federation Case No. ГКПИ10-1055 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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