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Expired-the Federal law dated 14.11.2002 N 137-FZ z and c o n RUSSIAN FEDERATION on amendments and additions to the code of civil procedure of the RSFSR, Article 1. To amend the code of civil procedure of the RSFSR (Gazette of the Supreme Soviet of the RSFSR, 1964, no. 24, p. 407; 1980, no. 32, p. 987; 1984, N 18, art. 592; 1985, N 5, art. 163; 1988, N 5, art. 137; Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 27, art. 1560) the following amendments and supplements: 1. Article 82 supplement part of sixth reading: "complaints against State bodies, public organizations and officials that infringe civil rights and freedoms, the Court can exempt a citizen from paying the State fee or reduce its size."
2. Article 90-1 shall be amended as follows: "article 90-1. The distribution of costs relating to the consideration of the complaint of Judicial costs associated with processing the complaint, may be imposed by the Court on the citizen, unless the Court decides to dismiss the complaint, or by the public authority, public organisation or official, if the Court determines that their actions were illegal. "
3. Article 99: supplement article new part 3 as follows: "case of complaints against State bodies, public organizations and officials that infringe the rights and freedoms of citizens, and the cases of complaints about denial of permission to leave the Russian Federation abroad or on entry into the Russian Federation from abroad shall be considered by the Court within ten days from the date of the filing of the complaint.";
part three article in the current edition of take it accordingly part of the fourth.
4. the first part of article 231 shall be reworded as follows: "the Court examines cases: 1) complaints of irregularities in electoral lists;
2) complaints against State bodies and officials in connection with the imposition of administrative penalties; the cases of complaints against State bodies, public organizations and officials that infringe the rights and freedoms of citizens; the case for complaints against the denial of permission to leave the Russian Federation abroad or on entry into the Russian Federation from abroad. "
5. Chapter 24-1 shall be amended as follows: "chapter 24-1 appeals against the actions of State bodies, public organizations and officials infringing citizens ' rights and freedoms and Article 239-1. The right to petition to the Court a citizen has the right to apply to court with a complaint if it considers that the misconduct of a public body, a public organisation or official violated his rights or freedoms.
Article 239-2. Actions of State bodies, public organizations and officials subject to judicial challenge to the actions of State bodies, public organizations and officials subject to judicial appeal include collective and individual actions, which resulted in: 1) violated right or freedom of a citizen;
2) created obstacles to the implementation of the citizen's rights and freedoms;
3) on citizen lays some responsibility or illegally prosecuted.
Article 239-3. Scope of this chapter cannot be appealed in court in accordance with the provisions of this chapter the following State bodies, public organizations and officials: 1) solo and normative acts, which attributed to exclusive competence of the Constitutional Court of the Russian Federation;
2) solo and regulations relating to defence (operational control of forces, an organization of alert status, ensuring operational readiness) and public security of the Russian Federation;
3) solo and regulations in respect of which the law establishes another procedure for appeal.
Article 239-4. A citizen is entitled to file a complaint against the actions of a public body, a public organization, officer directly to the Court or to the parent petitioning State body, public organization, official.
The parent petitioning State organ, public organization, the officer must examine the complaint within a month. If a citizen complaint denied, or he has not received a response within one month from the date of its filing, it has the right to lodge a complaint with the Court.
The complaint may be submitted by the citizen whose rights or freedoms have been violated or by his representative, as well as at the request of the citizen-a duly authorized representative of a public organization of labour collective.
The complaint is served at the discretion of the citizen to the Court at the place of his domicile or in the Court of the place of public authority, public organization, officer.
Serviceman in accordance with the procedure referred to in this article may apply to a military court against the actions of the military administrative bodies or military officials.
Appeal against denial of permission to leave the Russian Federation abroad on the basis that the claimant was aware of information constituting a State secret, served respectively in the Supreme Court of the Republic within the Russian Federation, edge, oblast, City Court, an autonomous region, autonomous district court at the place of a decision on the abandonment of request for departure.
Article 239-5. Time limits for appeal to the Court for the Court establishes the following terms: 1) three months from the date on which the citizen has become aware of the infringement of his rights and freedoms;
2) one month from the date of receipt of the notification of refusal of a citizen parent petitioning State organ, social organization, an official complaint or from the date of the expiration of one month after the filing of the complaint, if a citizen was not received at her response.
Article 239-6. The complaint the complaint before the Court within ten days, with the participation of the citizen, the complainant and the head of a public body, a public organisation or official whose actions are appealed, or their representatives. With the consent of the complainant, it may be considered by a judge sitting alone.
Failure to appear in court on the distortion of the citizen, the complainant, or the head of a public body, a public organisation or official whose actions are appealed, or their representatives, does not constitute an obstacle to the consideration of the complaint, but the Court can recognize the appearance of these persons is required.
In the proceedings may participate representatives of public organizations and working collectives, as well as officials of the parent petitioning authorities or their representatives.
The Court must be examined materials submitted by the parent petitioning State organ, public organization or official action complained of having legitimate and can also be listened to explanations of others, researched the necessary documents and other evidence.
Article 239-7. The Court's decision on the complaint, the Court, having found the complaint to be well founded, shall decide on the responsibilities of relevant State organ, social organization or official address in full breach of the rights and freedoms of the citizen.
Finding that the actions complained of were committed in accordance with the law, within the limits of authority of a State organ, social organization or official and rights or freedoms were not violated, the Court decides to dismiss the complaint.
The Court's decision on the complaint is directed to address violations of law or other normative act to the head of a public body, a public organisation or official whose actions have been appealed or the parent petitioning State body, public organisation or official.
Article 239-8. Pursuant to the decision of the Court the Court's decision, which entered into force is mandatory for a public body, a public organization, official, whom it concerns.
The decision of the Court shall be transmitted to the State body, public organization, official, as well as citizen not later than ten days after the entry into force of this decision into legal force.
Since the entry into force of the court verdict on recognition of individual or regulatory act or a portion of unlawful the Act or its separate part are considered inactive.
On the enforcement of the decision shall be communicated to the Court of Justice and citizen not later than one month from the date of receipt of the decision of the Court. In case of failure to execute a court decision shall take the measures provided for by the legislation of the Russian Federation. "
Article 2. This Act shall enter into force on the day of publication.
The President of the Russian Federation, b. Yeltsin Moscow, Russia House Tips April 28, 1993 N 4882-I
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