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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