Legal Proceedings Against Actions And Decisions That Infringe Civil Rights And Freedoms

Original Language Title: Об обжаловании в суд действий и решений, нарушающих права и свободы граждан

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102023069

Expired-the Federal law dated 08.03.2015 N 22-FZ z and c o n RUSSIAN FEDERATION legal proceedings against actions and decisions that infringe civil rights and freedoms (as amended by the Federal law of 14 December 95 N 197-FZ;
from 09.02.2009 N 4-FZ), Article 1. The right to petition the Court, every citizen is entitled to bring a complaint before a Court of law if he considers that unlawful actions (decisions) of State bodies, local government bodies, institutions, enterprises and their associations, public associations and officials, government officials violated his rights and freedoms. (As amended by the Federal law of 14 December 95 N 197-FZ) Liability of the civil servant comes in connection with his duty to recognize, respect and protect human and civil rights and freedoms in accordance with article 3 of the Federal law of May 27, 2003 N 58-FZ "on the State service of the Russian Federation", articles 4, 15 and 18 of the Federal law dated July 27, 2004 N 79-FZ "on civil service of the Russian Federation". (Part is supplemented by federal law from 14 December 95 N 197-FZ; as amended by the Federal law dated 09.02.2009 N 4-FL) articles of this law in respect of civil servants also applies to municipal employees in the case of equating them to federal public servants. (Part is supplemented by federal law from 14 December 95 N 197-FZ), Article 2. Actions or decisions that may be appealed to the Court to actions (decisions) of State bodies, local government bodies, institutions, enterprises and their associations, public associations and officials, civil servants, which can be appealed to the Court, are collegial and individual actions or decisions, including submission of official information, which became the basis for an action (decision making), resulting in: (as amended by the Federal law of 14 December 95 N 197-FZ) violated the rights and freedoms of the citizen;
created obstacles to the implementation of the citizen's rights and freedoms;
citizen illegally some responsibility or he illegally brought to any liability.
Citizens have the right to appeal against the omission also referred to in the first part of this article bodies, enterprises, associations, officials, civil servants, if it entailed the effects listed in the same part of the article. (Part is supplemented by federal law from 14 December 95 N 197-FZ), every citizen has the right to receive, and officials, civil servants are obliged to provide access to documents and materials directly affecting his rights and freedoms, if not stipulated by the Federal law limits on the information contained in the documents and materials. (Part is supplemented by federal law from 14 December 95 N 197-FZ), a citizen has the right to appeal as the above actions (decisions), and served as the basis for an action (decision-making) or both. (Part is supplemented by federal law from 14 December 95 N 197-FZ) official information includes information in written or oral form, affecting the rights and freedoms of the citizen and the State bodies, local self-government bodies, institutions, enterprises and their associations, public associations and officials, public servants who commit actions (taking action), with the authorship of this information if it is recognized by the Court as the basis for an action (decision making). (Part is supplemented by federal law from 14 December 95 N 197-FZ), Article 3. The limits of this Act in accordance with the present law courts consider complaints about any actions or decisions that violate citizens ' rights and freedoms, except actions (decisions), which attributed to exclusive competence of the law of the Constitutional Court of the Russian Federation;
Action (actions), for which legislation establishes another procedure for appeal.
Article 4. Filing a complaint a citizen is entitled to file a complaint against actions or decisions that violate his rights and freedoms either directly to the Court or to the upstream petitioning State and local self-governing body, institution, company or association, a public association, official, public servant. (As amended by the Federal law of 14 December 95 N 197-FZ) Higher in the order of authority, Association official 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 have been violated or by his representative, as well as at the request of a citizen of a duly authorized representative of a public organization of labour collective.
The complaint is served at the discretion of the citizen or the Court at the place of his residence, either in the Court of the place where the body of the Association, official, public servant. (As amended by the Federal law of 14 December 95 N 197-FZ)

A member of the armed forces is in the order specified in the present article shall apply to the military court against the actions or decisions of the military administrative bodies or military officials that violate his rights and freedoms.
Accepting the complaint for consideration, the Court shall, at the request of the citizen or on its own initiative, shall be entitled to suspend the execution of the appealed action (decision).
Filing a complaint is paid State fee in the prescribed amount. The Court can exempt a citizen from paying duties or reduce its size.
Article 5. Terms apply to court with a complaint For appeal to the Court shall be established by the following deadlines: three months from the date on which the citizen has become aware of the infringement of his rights;
one month from the date of receipt of the written notice of the refusal of a citizen parent body, Association, 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 a written reply.
A missed deadline for good reasons complaints may be reinstated by the Court.
Good cause shall be deemed any circumstances made it difficult to obtain information about the alleged acts (decisions) and their consequences provided for in article 2 of this law. (Part is supplemented by federal law from 14 December 95 N 197-FZ), Article 6. Procedure for consideration of the complaint of the citizen complaints against actions or decisions of State bodies, local government bodies, institutions, enterprises and their associations, public associations, officials, civil servants before the courts by the rules of civil procedure with the specifications established by the present law. (As amended by the Federal law of 14 December 95 N 197-FZ) at the State and local self-government bodies, institutions, enterprises and their associations, public associations, officials, civil servants, actions or decisions which are appealed by the citizen, has procedural obligation to prove the legitimacy of these actions (decisions); citizen is released from the duty to prove the illegality of these actions (decisions), but must prove a violation of their rights and freedoms. (Part is supplemented by federal law from 14 December 95 N 197-FZ) Article 7. The Court's decision on the complaint based on the results of consideration of an appeal court renders a decision.
Setting the validity of the complaint, the Court recognises the contested action (decision) illegal, commits to meet demands of citizen cancels penalties applied to it or otherwise restores it violated rights and freedoms.
The contested action (decision) is illegal, if it causes specified in article 2 of this law consequences. (New paragraph 3 amended by Federal Act of 14 December 95 N 197-FZ) Setting the validity of the complaint, the Court determines the responsibility of the public authority, local government, institutions, enterprises or associations, public association or official, civil servant for acts (decisions), which led to the violation of the rights and freedoms of the citizen. (Part is supplemented by federal law from 14 December 95 N 197-FZ) of public servants who commit actions (taking action) recognized illegal, the Court determines the measure envisaged by the Federal law "on the State service of the Russian Federation", other federal laws liability of a civil servant, until the submission of resignation letter. Responsibility can be assigned as those whose actions or decisions deemed illegal, and those who provided information, which became the basis for the unlawful actions (decisions), referred to in article 2 of this law. (Part is supplemented by federal law from 14 December 95 N 197-FZ) damages, moral damage caused to a citizen recognized the unlawful actions (decisions), as well as submission of distorted information, shall be reimbursed in accordance with the procedure established by the Civil Code of the Russian Federation. (Part is supplemented by federal law from 14 December 95 N 197-FZ) If the contested action (decision), the Court recognizes the lawful, does not violate the rights and freedoms of the citizen, he denies the claim. (Part three regarded as part of the seventh edition of the Federal law dated 14 December 95 N 197-FZ) Article 8. Pursuant to the decision of the Court the Court's decision, which entered into force is mandatory for all State bodies, local government bodies, institutions, enterprises and their associations, public associations, officials, public servants and citizens and subject to execution throughout the territory of the Russian Federation. (As amended by the Federal law of 14 December 95 N 197-FZ) of the decision of the Court shall be communicated to the appropriate body, association or officer, civil servant, as well as citizen not later than ten days after the entry into force of the decision into legal force. (As amended by the Federal law of 14 December 95 N 197-FZ) 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 9. 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, local authority, institution, enterprise or association, public association or official, public servant, if determines that their actions or decisions were illegal. (As amended by the Federal law of 14 December 95 N 197-FZ) court costs imposed on the public authority, local authority, institution, enterprise or association, public association or official, civil servant, also in case of recognition by the Court for their actions (decisions) legal if filed a citizen parent by way of subordination body, Association official complaint was left unanswered or answer is in violation of the term established in article 4 of this law. (As amended by the Federal law of 14 December 95 N 197-FZ), the President of the Russian Federation, b. Yeltsin Moscow, Russia House Tips April 27, 1993-4866 N (I)