On Introducing Changes And Additions Into The Code Of Civil Procedure Of The Rsfsr

Original Language Title: О внесении изменений и дополнений в Гражданский процессуальный кодекс РСФСР

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Overtaken by Federal Law N 137-FZ A to the Russian Federation On Amendments and Additions to the Code of Civil Procedure of the RSFSR Article 1. Amend the Code of Civil Procedure of the RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1964, N 24, sect. 407; 1980, N 32, sect. 987; 1984, N 18, sect. 592; 1985, N 5, sect. 163; 1988, N 5, sect. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1560) the following changes and additions: 1. Article 82 should be supplemented by the following part of the sixth content: " On complaints against the actions of State bodies, public organizations and officials who violate the rights and freedoms of citizens, the court may exempt a citizen from the payment of State duties or reduce its size. ". 2. Article 90-1 should read as follows: " Article 90-1. The division of the legal costs of the review of the complaint The legal costs of the complaint may be borne by the court if the court decides to refuse a complaint, or a public authority, a public organization or an official if the court determines that their actions were unlawful. ". 3. In article 99: to supplement the article with a new part three: " Complaints against State bodies, public organizations and officials who violate the rights and freedoms of citizens, and cases of complaints Refusal to permit travel from the Russian Federation abroad or entry into the Russian Federation from abroad shall be considered by a court within ten days from the date of filing of the complaint. "; Part three of the article in the current version is considered to be Part Four, respectively. 4. Part one of article 231, paragraph 1, restates: " The Court considers cases: 1) on complaints of irregularity in the voter lists; (2) on complaints against the conduct of public authorities and officials in connection with Administrative penalties; complaints against the actions of State bodies, public organizations and officials who violate the rights and freedoms of citizens; complaints of denial of permission to leave the Russian Federation abroad or enter the Russian Federation from abroad. ". 5. Chapter 24-1 should read: " Chapter 24-1 Complaints against public authorities, public organizations and officials who violate rights and freedoms of citizens Article 239-1. The right to petition the court The citizen is entitled to file a complaint with the court if he considers that the misconduct of a public authority, public organization or official has been violated by his or her rights or freedoms. Article 239-2. Actions by public authorities, public organizations and officials subject to judicial review to the actions of State bodies, public organizations and officials subject to judicial review Appeals include collegial and single actions that: 1) violated citizen's rights or liberties; 2) created obstacles to the exercise by a citizen of his rights and freedoms; 3) to a citizen unlawfully charged or illegal to be held accountable. Article 239-3. The scope of this Chapter cannot be appealed to a court in accordance with this chapter of the following acts of State organs, public organizations and officials: 1) individual and normative acts, Verification of which is attributed to the exclusive competence of the Constitutional Court of the Russian Federation; (2) individual and normative acts related to the provision of defence (operational control of troops, organization of combat duty, OF THE PRESIDENT OF THE RUSSIAN Federation; 3) individual and normative acts for which the law prescribes a different procedure for judicial review. Article 239-4. Filing a complaint A citizen is entitled to file a complaint against the actions of a public authority, a public organization, an official directly to the court or to a higher authority, a public authority, or a public authority organization, official. The higher authority, a public authority, a public organization, and an official must examine the complaint within one month. If a citizen is refused a complaint or has not received a reply within one month from the day of the complaint, he is entitled to file a complaint with the court. A complaint may be filed by a citizen whose rights or freedoms have been violated, or by his or her representative, and at the request of the citizen, duly authorized by the representative of a public organization and of the labour collectives. A complaint shall be made at the discretion of the citizen to the court in the place of his or her residence, or to a court in the place of the State organ, the public organization and the official. A member of the armed forces, in the manner indicated in this article, is entitled to file a complaint with the military court against the actions of military authorities and military officials. Complaint concerning refusal of permission to leave the Russian Federation abroad on the grounds that the applicant is aware of the information constituting a State secret, shall be submitted to the Supreme Court of the Republic as part of the Russian Federation, respectively. The Federation, the Regional, Regional, City Court, the Autonomous Regional Court, the Autonomous District Court of the Autonomous Region, at the place where the decision was taken to leave the request for departure without satisfaction. Article 239-5. Time limit for filing a complaint To file a complaint, the following dates are fixed: 1) three months from the day the citizen became aware of the violation of his rights and freedoms; 2) one month from the day Receiving a citizen's notification of a refusal by a higher hierarchical authority of a public authority, a public organization, an official in the satisfaction of a complaint, or from the day of expiry of the period of time after the submission of a complaint, if the citizen was not received a reply. Article 239-6. Consideration of a complaint A complaint shall be heard by a court within 10 days with the participation of a complainant and the head of a public authority, a public organization or official whose actions are being appealed or Representatives. With the consent of the complainant, she may be considered by the judge alone. Failure to appear in court on a disrespectful reason for the complainant or the head of a public authority, a public organization or an official whose actions are being appealed or their representatives are not served The court may declare the appearance of the individual compulsory. Representatives of public organizations and labour collectives, as well as officials of higher reporting bodies or their representatives, may participate in the proceedings. The Court shall examine the material submitted by the hierarchically superior public authority, public organization or official who has accepted the legal action complained of, and may also be heard The explanations of other persons have been examined, the necessary documents and other evidence have been examined. Article 239-7. The Court's decision on the complaint The Court, after accepting the complaint, decides on the duty of the relevant State organ, public organization or official to eliminate in full the violation of rights and freedoms A citizen. Having established that the acts complained of were committed in accordance with the law, within the powers of a public authority, public organization or official, and the rights or freedoms of the citizen were not violated, the court issues a decision the failure to respond to the complaint. The decision of the court of appeal shall be directed towards the elimination of the violations of the law or other normative act to the head of a public authority, a public organization or an official whose actions have been appealed, or is hierarchically superior to a public authority, a public organization or an official. Article 239-8. Execution of the court's decision The decision of the court, which has entered into force, is binding on the public authority, the public organization and the official concerned. The decision of the court shall be sent to a public authority, a public organization, an official and a citizen not later than ten days after the decision has entered into force. From the date of entry into force of the court's decision to recognize an individual or normative act or a separate part thereof, the act or its separate part shall be deemed to be invalid. The execution of the decision shall be communicated to the court and to the citizen not later than one month from the date of receipt of the court's decision. In the event of non-execution, the court shall take the measures provided for in the legislation of the Russian Federation. ". Article 2. President of the Russian Federation B. Yeltsin , House of the Russian Federation 28 April 1993 N 4882-I