Default of judgements has turned to a trouble of the Russian justice
Only for last 15 months over 400 million roubles Russia on request of the European court under human rights has paid to the citizens for default of decisions of own courts.
Ignoring of decisions of the courts - one of the most serious illnesses of our legal system. According to the head a press - services of the Supreme court of the Russian Federation of Pavel Odintsov, overwhelming majority of the won claims against Russia in Strasbourg are outstanding decisions of our domestic courts.
For years achieve the victory in courts everything and consequently such victory of the expensive costs can not. But it anything if and remains simply a piece of paper in hands of the claimant. Such situation is terrible that destroys belief of citizens in possibility of construction at us a lawful state. So default let even the smallest judicial verdict becomes a problem of the state importance.
Recently has published article “ Apartment for debts “. In it it was told about the remarkable decision of the Supreme court. The main court of the country has reconsidered decisions of the courts of Primorski Territory which have misinterpreted the law and have taken away from the inhabitant of Vladivostok and its two children unique habitation for a small debt.
We have told about this decision of the Supreme court because it important not only for separately taken citizen, but also thousand or tens thousand such, as it. The main court of the country has declared that under the law it is impossible to select unique habitation for small debts.
- I do not believe that to it something will return, - has written on a site one of the numerous readers who have responded to article. We have checked up, the reader has appeared is almost right.
In Leninsk district court of Vladivostok to the correspondent have informed that the decision of the Supreme court of the Russian Federation, accepted in December, 2009, now “ is on execution “. I think, in the beginning of March police officers will try to execute a judgement, have told there.
But to rejoice early. In service of court enforcement officers which should execute the passed decision, on it hear for the first time. Also assure edition that anything from anybody did not receive. The circle has become isolated.
we will sum up - for today the important decision for citizens of the Supreme court exists only on a paper.
History “ bad “ apartments in which courts for years were engaged, it is terrible the banality. For a debt in 54 thousand roubles from the woman and its two children have taken away apartment in cost almost in 300 thousand roubles. “ delivery “ have not returned. At square metres for that time while there were trials, the proprietor time and again was replaced. According to the regional public prosecutor, the first purchaser, knowing that arrest is put apartment, has resold it, having registered before it there the relative. The same was made also by the subsequent proprietress.
Now the heroine of long-term judicial suit waits for the third child, therefore superfluous excitements to it to what. Her husband has told to the correspondent about details of this business in which, despite a highest authority verdict, the point is not put till now.
- This apartment the area of 17 square metres I have presented Jule when at us the child was born, - Yury tells. - the apartment was unique habitation, children have been here again registered. And all has begun with unfortunate enterprise experience of Juli which month lasted all. Buyers whom she has sold small lot of building materials approximately on 20 thousand roubles, recognised the goods poor-quality and have exposed the claim in which the amount of damage, including moral, has made already more than 54 thousand roubles. It did not begin to give them this money as on a judgement to it it has been refused goods return.
And for this debt Julia`s apartment have exposed on the auctions through Far East inter-regional branch of the Russian Federal Property Fund. Further it is even more interesting: when the apartment has been sold and the sum obtained for it has appeared much more amounts of debt, nobody has returned a difference to the mistress!
- the new claim Has been cooked quickly up that Julia still something should them for material and moral harm exactly on the remained difference from apartment cost. And all has been made and considered in three days, without the invitation us on session, - Yury has told.
Apartment have resold. On strange coincidence of circumstances the employee of other branch of law-enforcement system, namely service of execution of punishments became the second customer of bad apartment.
On a question of the correspondent, whether there is at a family a content of that the Supreme court recognised an error of police officers, Yury has answered so:
- I would qualify it not as an error, and as “ a deliberate lawlessness “. There is a weight of ways, that “ to throw under the law “ that there was no possibility to appeal against: That the judge in holiday was ill a judgement to us do not give out under different pretexts, and then expires a limitation period...
When I have received definition of the Supreme court of the Russian Federation, have addressed with the claim on the police officer to Androsov. We with the wife wanted, that it was responsible for that has made, and to us compensated everything that we have spent for payment of demountable habitation, on a legal cost, not to mention moral harm, but to us such claim have refused. In general, we have no right to indemnification, and the police officer at all will not punish, as he has made a mistake not deliberately, and “ on a negligence “. Though even with such formulation the police officer should receive punishment under the law, but her have simply scolded.
the Seaside example is absolutely typical. Here therefore claims to Strasbourg does not become less, have informed us in the Supreme court. It is more than half of all claims of the European court provide four states: Turkey, Russia, Romania and Ukraine. On the data for 2008 - fresh is not present, the leader on the lost affairs Turkey, and on the second place - Russia.
Since January, 1st, 2008 on the present Russia as a whole has lost 9 million 317 thousand 436 euros. For comparison: in 2007 lost by us in Strasbourg 140 affairs have managed to treasury in 4,3 million euro. Growth, as they say, is available.