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Decision of the Supreme Court of the Russian Federation, Case 11-656, 16 May 2011 to deny Lada Stanislavovna Bugrova in acceptance of the claim challenging item 11 of Statement on allowance conditions of people detained for administrative offence, nutritional standards and medical services provided to these people under the resolution of the Government of Russian Federation dated October 15, 2003, 627.

 

16.05.2011

 

                    Supreme Court of Russian Federation

                                                      Case No. 11-656

   May, 16, 2011

   Moscow

   Judge of the Supreme Court of Russian Federation V.A.Yemysheva, having
   considered the claim of Bugrova Lada Stanislavovna on the challenge of
   item  11  of  Statement on allowance conditions of people detained for
   administrative  offence,  nutritional  standards  and medical services
   provided  to  these  people  (from  now  on  -  Statement)  under  the
   Resolution  of  the Government of Russian Federation dated October 15,
   2003, No. 627.

                                Determined:

   L.S.  Bugrova appealed to the Supreme Court of Russian Federation with
   the claim mentioned above, by which she asks to recognise, as invalid,
   item  11  of the Statement in the part establishing the area standards
   for  one  detained  for  administrative offence, referring to the fact
   that  her  husband  Bugrov  Mikhail  Yurevich  was  put  to a cell for
   administrative  detainees  of  the  Oktyabrsky  District Office of the
   Ministry  of  Internal  Affairs in Yekaterinburg, the area of which is
   8,6  square  metres.  Since  there  were 7 people in the cell, a fight
   occurred as a result of which he deceased.

   We  find the claim in question not liable to initiation of proceedings
   by  the  Supreme  Court  of  Russian  Federation as a court of primary
   jurisdiction  in  accordance  with  item 1, part 1, article 134 of the
   Russian  Code  of  Civil  Procedure  since the claim is not subject to
   consideration  and  settlement by civil justice (Article 4 of the Code
   of Civil Procedure)

   In  accordance  with Article 3 of the Russian Code of Civil Procedure,
   the  interested  person  has  a  right  to  appeal  to  the  court for
   protection of the violated or contested rights, freedoms or legitimate
   interests.  The  court  commences proceedings at the claim of a person
   appealed  for  protection  of  their  rights,  freedoms and legitimate
   interests (Article 4 of the Russian Code of Civil Procedure).

   As  follows  from the claim, L.S. Bugrova advanced the declared demand
   to protect the rights of her late husband.

   The  article  44  of  the Russian Code of Civil Procedure, stipulating
   procedural  legal  succession,  it  cannot  be  applied here since the
   applicant   challenges   the  normative  legal  act,  by  which  legal
   succession within the frame works stipulated by the law is impossible.

   In these circumstances the claim declared by Bugrova is not subject to
   consideration  and  settlement  by  civil  justice  and thus cannot be
   accepted  for  consideration  by  the  Supreme  Court  of  the Russian
   Federation as a court of primary jurisdiction.

   Under  item  1,  part  1  of  article 134 of the Russian Code of Civil
   Procedure,

                             it is determined:

   To  deny  Lada  Stanislavovna  Bugrova  in  acceptance  of  the  claim
   challenging  item  11  of  Statement on allowance conditions of people
   detained for administrative offence, nutritional standards and medical
   services  provided  to  these  people  under  the  resolution  of  the
   Government of Russian Federation dated October 15, 2003, No. 627.

   To  refund Lada Stanislavovna Bugrova tax payment of 200 (two hundred)
   rubles according to the receipt dated August 16, 2010.

   The  decision  may  be  appealed  to  Cassation  Board  of the Russian
   Federation during ten days.

   The judge of the Supreme Court of the Russian Federation V.A.Yemysheva


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15.05.2015. "" .