16.05.2011
Supreme Court of Russian Federation Case No. ГКПИ11-656 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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