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Non-governmental
organization
"SUTYAJNIK"
Report
for 2002 Activity
"WE
WILL BE SOON TEN YEARS OLD"
YEKATERINBURG, 2003
information
agency "SUTYAJNIK-PRESS",
publishing
house "ACADEMY FOR HUMAN RIGHTS"
Group
of authors:
Bourkov
Anton Leonidovich
- lawyer of NGO "Sutyajnik", lecturer of the
Bulakova
Elena Yurievna-
lawyer of NGO "Sutyajnik", postgraduate of the
Demeneva
Anna Valentinovna–
lawyer of NGO "Sutyajnik", postgraduate of the
Ermilova
Natalia Pavlovna
- lawyer of NGO "Sutyajnik".
Smolinskaya
Kseniya Valerievna -
lawyer of NGO "Sutyajnik", postgraduate of the
Editor
- Bourkov Anton Leonidovich.
Non-governmental
organization "SUTYAJNIK": report for 2002 activity"WE
WILL BE SOON TEN YEARS OLD" // Publishing house "Academy for Human Rights",
2003.
©
Group of authors, 2003
©
Non-governmental organization "SUTAYJNIK"
©
Information agency "SUTAYJNIK-PRESS"
©
Publishing house "Academy for Human Rights"
Table
of contents
2.
Projects
3.Consultations
5.
Representation of interests of citizens and organizations in courts
6.
International protection of human rights 7.Arrangements
8.
Participation in arrangements of other NGO, funds, state bodies Press about "Sutyajnik". Traditionally
in Shame
is to complain to one's heads, write letters which stream tears, ask to
go into the situation, look into the eyes of a coldblooded
official. However, one should not be ashamed of protecting his rights by
knowing how to do that. So,
until this is not accepted in So,
long live barratry! See
newspaper "Verkh-NeivinskayaZhizn",
No. 4, February 1998. The
Ombudsman in The
President of NGO "Sutyajnik" S.I. Belyaev has managed to construct a peculiar
"Law protection incubator", which generates public law protection organizations
and brings up their leaders. In fact, the activity of S.I. Belyaev may
be called as a school for preparation of professional
human right campaigners working, however, under, let's say, the
field conditions. Working
in the structures of "Sutyajnik", young lawyers are practicing in a realistic
fight for human rights under our, Russian, conditions. Records include
cases of abolishing some elements of law won in the It
is another case that not all people may like the selected forms of public
actions carried out from time to time. However, human right campaigners
are not blind, they are able to see intrigues carried on by the authorities
and directed against them. The
Ombudsman in the Sutyajnik
about "Sutyajnik". Non-governmental
organization "Sutyajnik" is a law protection organization established in Five
employees of NGO "Sutyajnik" (Bourkov Anton, Goncharova
Elena, Ermilova Natalia, Silivanov Alexei, Goncharova
Irina) received individual grants for achievements and efficient work in
the sphere of law protection activity. Anna Demeneva passed 3-month training
in international organization Interights
( Representation
of interests of citizens in the courts is one of the most important directions
in the activity of NGO "Sutyajnik". This is mainly relates to civil proceedings.
The criterion of acceptance of cases by NGO "Sutyajnik" is their social
importance. In other words, it goes about only those cases which may be
useful for the unlimited circle of persons, which may protect the rights
of not only a single man. Distinguished for the time of operation of the
organization may be civil cases connected with abolishing legal acts which
contradict the acting legislation. This can be exemplified by the case
of complaint of E.A. Arbuzova to the Constitutional
Court of Russia concerning acknowledgement unconstitutional p. 2 art. 226
of Administrative Code of RSFSR (CoAP).
On Other
priority direction of the activity of NGO "Sutyajnik" is providing to citizens
(as a rule, of poor, socially unprotected people) free consultations on
legal issues. To
spread information about the rights of citizens NGO "Sutyajnik" with the
help of information agency "Sutyajnik-Press" carries out the active work
with the mass media in the following directions: dissemination of information
messages, arrangement of press-conferences, publication
of consultations on legal issues. One
more project related to the influence of the public on the law system is
the annual competition "The most unpopular judge". Assigning a degree of
"the most unpopular judges of the year" is one of traditions of "barrators"
which received serious support of inhabitants of Yekaterinburg and Sverdlovsk
Oblast which happened to experience unfairness of judges. The competition
is based on the monitoring of the activity of courts of Ykaterinburg
and Sverdlovsk Oblast, public poll which NGO "Sutyajnik" carries out in
the course of a year. Our
competition is an attempt to demonstrate which mistakes may be avoided
by taking into account the opinion of citizens at appointing judges. In
order to provide the possibility for the population to express loudly we
decided to assign annually the rating of "unpopularity". In
2002, NGO "Sutyajnik" implemented the following projects: 1)"Olympiad
for the best knowledge of European Convention on protection of human rights
and main freedoms" with the support of the European Council, 2)"Christmas
in prison" with the support of the Fund of Civil Freedoms. As part of this
project, prisoners under age and those waiting for a court decision received
gifts. The purpose of the project was to attract attention to conditions
under which prisoners under age are kept in prisons. 3)"Traineeship
of lawyers in 4)"The
Urals resource center of constitutional and international protection of
human rights" with the support of "Open Society Institute" ( 5)"Civil
control in the court over the procedure of bringing the national law in
line with constitutional and international standards" with the support
of "Open Society Institute" Soros Foundation
( 6)"Public
internet-conference-center" with the support of McArthur Foundation. The
purpose of the project: dissemination of legal knowledge and practice of
right protecting activity. 7)"Obligatory
participation in hearing of a case as denial in access to justice" with
the support of "Open Society Institute" ( There
are currently two reception rooms operating in Yekaterinburg whereto citizens
of Yekaterinburg and Oblast may address on different law issues (civil,
family, criminal, housing, labor, constitutional, international, including
address to the Citizens
may also receive assistance in towns Polevskoi
and Sysert (consultations take place one
time a month). Lawyers provide round-the-clock consultations on the phone,
prepare written consultations. During
a month, on the average 130 citizens receive the consultative aid. For
2002, citizens received 1,552 free legal consultations, including 883 consultations
by phone, 412 consultations in reception rooms of the organization with
execution of procedural documents, 257 written consultations. It
starts the series of publications "International human rights protection".
The book is dealing with procedural issues of taking the recourse to the The
financing of this edition was made at the support of the British government
Now-How Fund through Charities Aid Foundation (CAF). In
2002, the book was distributed among lawyers of non-profit organizations,
mass media, teachers and students of law of higher educational institutions,
representatives of charitable funds. Prepared
and distributed Methodical
Manuals: 1.Collection
of articles "Practice of Application of European Convention on Protection
of Human Rights and Main Freedoms", edited by BulakovaE.Yu. 2."Collective
Contracts and Agreements in Questions and Answers" - lawyer Demeneva A.V. 3."Application
of Federal law On Trade Unions, Their Rights and Guarantees of Activity
in the Light of Labor Code of RF" - lawyer Ermilova N.P. Information
leaflets: 1.
"What CTS is?" - lawyerSmolinskaya
K.V. 2.
"Self-Protection of Labor Rights" - lawyer Smolinskaya
K.V. 3.
Information bulletin "FAS: facts, analysis, events" (issued twice a month). Publications
of lawyers of organization in the mass media. May
2002 "Yuridicheskymir",
September 2002 "Yuridicheskymir",
September 2002 "Yuridicheskyvestnik",
October 2002; "Yuridicheskymir",
December 2002 Lawyers
of the organization participate as representatives of citizens and organizations
in law courts ofSverdlovsk
Oblast (cities Ykaterinburg, NizhnyTagil, Polevskoi, Berezovsky, Krasnoturinsk
and others), Tiumen, Cheliabinsk
Oblasts, in Supreme Court of the Interests
in the court are represented on the following cases: ·appeal
against norms of law of bodies of state and municipal power and officials
which injure rights and freedoms of citizens; ·appeal
against unlawful actions (failure to act) of bodies of state and municipal
power and their officials (denial of Committee on housing policy to inspect
a premise, non-payment of the money for participation in military actions
in ·cases
on protection of housing rights, human honor and dignity, consumer rights,
pension rights, reimbursement for material and moral damage caused by unlawful
actions (failure to act) of medical personnel, etc.; ·cases
on reinstating, recovery of mistakenly calculated and paid wages, removal
of disciplinary punishment, granting additional vacations, denial of signing
a collective agreement, fixing percentage of loss of working ability, acknowledgement
job descriptions invalid and not allowed to apply, denial of submitting
information on social and labor issues, improper certification of working
places, etc. ·representation
of interests of persons suffered from exceeding authorities by police bodies. As
part of the project "Civil control of the court over brining national law
in line with constitutional and international standards" more than 30 acts
were appealed in the Constitutional Court of Russia, Supreme Court of Russia, Charter
Court of Sverdlovsk Oblast. 11 complaints of citizens were prepared to
the Constitutional Court of Russia concerning acknowledgement unconstitutional
of a number or federal laws. In particular, complaints were concerned provisions
of Civil Procedure Code of RSFSR, Labor Code of Russia. Acknowledged
as not complied with the Russian legislation were the following legal acts: 1)on
25 January 2002, the Charter Court of Sverdlovsk Oblast acknowledged that
item 4.6 of provision On the order of organization and carrying out in Ykaterinburg
of meetings, street shows, demonstrations and picketing does not meet the
Charter of Sverdlovsk Oblast; 2)April
2002, the 3)on 4)on
20 August 2002, the Sverdlovsk regional court declared as not meeting the
federal law item 5 of article 39 of the Law of Sverdlovsk Oblast On local
self-government in Sverdlovsk Oblastwhich
grants a head of a municipality the right to block acts approved by a representative
body; 5)on 6)on About
23% consultations to citizens represented consultations concerning the
appeal to the European Court of human rights protection and to the Committee
on Human Rights at UNO. On Conducted
during the year were 6 two-, three- and five days seminars for representatives
of public organizations on issues of international mechanisms of the human
right protection (appeal to the European Court for human rights, UNO Committee
on Human Rights) as part of projects "Overcoming corruption in judicial
system by ensuring transparency of justice" as part of project "Urals resource
center of constitutional and international protection of human rights". In
2002, NGO "Sutyajnik" arranged and conducted 19 seminars for active trade
unionists on issues of the labor right. The total duration of these seminars
was 188 training hours, 340 people were taught on the following topics: In
2002, the seminar took place twice: Once
according to program designed for 14 training hours, once according to
program designed for 2 training hours. In
2002, the seminar took place 5 times: Four
times according to program designed for 14 training hours, once according
to program designed for 2 training hours. In
2002, the seminar took place 2 times: Four
times according to program designed for 14 training hours, once according
to program designed for 2 training hours. In
2002, the seminar took place 3 times: Two
times according to program designed for 14 training hours, once according
to program designed for 20 training hours. 55 In
2002, the seminar took place once. In
2002, the seminar took place once. In
2002, the seminar took place 2 times: Once
according to program designed for 14 training hours, once according to
program designed for 2 training hours. The
seminar took place once. In
2002, the seminar took place once. In
2002, the seminar took place once. Conferences On Monitoring 1)Monitoring
of obeying the right for fair proceedings as part of project "Overcoming
of corruption in judicial system by ensuring transparency of justice"; 2)Monitoring
of detention centers in Sverdlovsk Oblast as part of project MKHG "Network
of right protection monitoring"; 3)Monitoring
of violation of human rights in Sverdlovsk Oblast; Other
arrangements On
11-30 September 2002, in the Library of the Yekaterinburg city Mayor (Yekaterinburg)
and on 4-30 October 2002, in the Palace of Culture of Metallurgists (Serov,
Sverdlovsk Oblast) an exhibition of amateur photos of the participant
of rescue jobs of the Ground Zero, lawyer of NGO "Sutyajnik" Anton Bourkov,
devoted to 11 September 2001 Word Trade Center tragedy in New York, took
place under the title "Down Broadway or the tragedy trough the eyes of
Russian volunteer". On In
February-March 2002, with the support of the Civil Freedoms Foundation,
the action "Christmas in prison" took place. As the result, about
1,200 teenagers kept in prisons received individual gifts. On Every
year, on 28 April, the organization observes "The day in memory
of those injured and died at work". This action is devoted to
problems of increased traumatism at enterprises and responsibility of employers
and state for ensuring the work safety. ·Training
of lawyer of organization Anton Bourkov at Columbia University School of
Law ( ·Annual
meeting of trainees "PILI/COLPI Fellowship Program", lake Balaton,
Hungary, 7-9 July 2002 (COLPI/PILI Human Rights and Public Interest Law
Fellows Retreat). Participation of Anton Bourkov with a report on issues
of compulsory participation of co-plaintiffs in the hearing as an obstacle
to access to justice. "Sutyajnik"
is the oldest public right protection organization in the Urals. It is
already 8 years old. The president of "Sutyajnik" Sergei
Belyaev tells Region-Inform about the results of work, about protection
of interests of a "little" man and about the counter-action to the power
administrative machine of the large city. – Sergei
Ivanovich, how did your organization change for the period of its existence
and what does it represent nowadays? –
We are preparing to celebrate a decade of our existence. For this time,
many hundreds of lawyers passed through "Sutyajnik", young men and girls
with active living position. Some of them are now working in spheres of
the economy, business, policy, public prosecutions department. All of them
use experience gained during 1-2 years of work in "Sutyajnik". At present,
about twenty young lawyers are working in the organization, part of them
is still studying, part of them is defending theses and some people with
higher education are working here full-time. There are people which work
in the organization already several years. -
Does "Sutyajnik" coordinate its work with similar right protection organizations
from other Russian regions or other countries? –
Certainly. Many projects under our implementation are joint programs. Specialists
which work abroad carry out training and seminars here, share experience.
Our employees receive training abroad. What are organizations we specifically
cooperate with? For example, Interights
( –
Approximately how many people received assistance from your organization?
How many cases did you win for years of your existence? -
We provided assistance to thousands of citizens which addressed us for
aid. Since 1994, we have provided more than 8 thousand consultations to
citizens and non-profit organizations, won more than 700proceedings
to protect public interests. We initiated abolishing by law more than 80
unlawful decrees of bodies of local self-government and state power. In
general, I believe, we did well. Our
plans include to celebrate, as deserved, our ten-year
anniversary, continue the active law protection activity, including
with the use of international means of protection which requires our presence
in the international market.
1. About
"Sutyajnik".
2.
Projects
3. Consultations
4.
Publications
5.
Representation of interests of citizens and organizations in courts
6.
International protection of human rights
7. Arrangements
8.
Participation in arrangements of other NGO, funds, state bodies
9.
Plans for the future.