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

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Overtaken by Federal Law N 22-FZ A A C O O On appeal to court of action and decisions violating citizens ' rights and freedoms (B The federal laws of { 14.12.95 } N 197-FZ; dated 09.02.2009 N 4-FZ) Article 1. The right to complain to court Every citizen has the right to file a complaint with the court if it considers that the illegal actions (decisions) of the State bodies, local authorities, institutions, enterprises and their Associations, public associations or officials of thecivil servants violated his rights and freedoms. (In the wording of the Federal Law of 14.12.95) N 197-FZ) The responsibility of a public servant is due to its duty to recognize, respect and protect human and civil rights and freedoms in accordance with article 3 of the Federal Act. On 27 May 2003, articles 4, 15 and 18 of the Federal Act of 27 July 2004 on the State Civil Service of the Russian Federation. (Part of padded-Federal law of 14.12.95 g. N 197-FZ; as amended by Federal Law of 09.02.2009 N 4-FZ)Articles of this Law apply to public employees also in municipal employees if they are equated with federal law by public servants. (Part of padded-Federal law of 14.12.95 g. N 197-FZ Article 2. Actions (decisions) that can be appealed to the court To actions (decisions) of state bodies, local authorities, institutions, enterprises and their Associations, public associations and officials, civil servants that can be appealed to the court, include collegiate and single-person actions (decisions), including representation the official information that has become the basis for the commission of the acts (Decision-making), as a result of which: (In the wording of Federal Act No. N 197-FZ ) violated citizen's rights and freedoms; created obstacles to the exercise by a citizen of his rights and freedoms; illegally has an obligation to be held unlawfully on a citizen or is unlawfully engaged of any responsibility. Citizens are entitled to challenge also the omissions of the organs, enterprises, associations, officials and public servants referred to in paragraph 1 of this article, if it has caused the consequences listed in the same part of the article. (Part of padded-Federal law of 14.12.95 g. N 197-FZ )Every citizen has the right to receive, and public officials are obliged to provide him with documents and materials directly affecting his or her rights and freedom, if there is no federal law to limit the information contained in these documents and materials. (Part of padded-Federal law of 14.12.95 g. N 197-FZ) The citizen has the right to challenge both the above actions (decisions) and the basis for action (decision making) of the information either at the same time. (Part of padded-Federal law of 14.12.95 g. N 197-FZ) The official information includes written or oral information that has affected the exercise of citizens ' rights and freedoms and submitted to State bodies, local authorities, institutions, etc. enterprises and their associations, voluntary associations or officials, public servants who have committed acts (who have taken decisions), with the authorship of the information, if it is recognized by the court as a ground for action (decisions). (Part of padded-Federal law of 14.12.95 g. N 197-FZ Article 3. Scope of this Law In accordance with this Law, the courts consider complaints against any actions (decisions) that violate the rights and freedoms of citizens except: The law is the exclusive competence of the Constitutional Court of the Russian Federation; acts (decisions) for which the law provides otherwise for judicial appeal. Article 4. The complaint is entitled to complain about actions (decisions) that violate his rights and freedoms, either directly to the court or to a higher authority, a local government body, the institution, enterprise or association, the public association, the official of the, public servant. (In the wording of Federal Law from 14.12.95 g. N 197-FZ ) The higher authority, the association, the official is obliged to consider 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 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 collective. The complaint is filed at the discretion of the citizen either in court at his place of residence or in court at the place of the body, association, official of, public employee. (In the wording Federal Act No. N 197-FZ ) A member of the armed forces is entitled, in accordance with the procedure provided for in this article, to apply to a military court to file a complaint against actions (decisions) of military authorities and military officials who violate his rights and freedoms. By accepting the complaint, the court, at the request of the citizen or on his own initiative, may suspend the execution of the contested action (s). The complaint is paid by the state fee in the prescribed amount. The court may exempt the citizen from paying the duty or reduce its size. Article 5. The time limit for filing a complaint In order to file a complaint with the court, the following dates are fixed: three months from the day when the citizen became aware of the violation of his right; one month from the date of receipt by the citizen Written notification of a refusal by a higher body, association or official to respond to a complaint, or from the day of expiry of a period of time after submission of a complaint, if the citizen has not received a written reply to it. The time limit for submission of a complaint may be reinstated by the court. The Respectful reason is any circumstances that make it difficult to obtain information about the actions (decisions) and their consequences provided for in article 2 of this Law. (Part of padded-Federal law of 14.12.95 g. N 197-FZ) Article 6. The procedure for dealing with the complaint Complaint by a citizen against actions (decisions) of State bodies, local authorities, institutions, enterprises and their associations, public associations, officials of the Civil servants are considered by the court according to the rules of civil procedure , taking into account the characteristics set out in this Act. (In the wording of the Federal Law of 14.12.95) N 197-FZ) To state bodies, local government bodies, institutions, enterprises and their associations, public associations, officials, public servants, actions (decisions) of which The citizen has a procedural obligation to document the legality of the acts complained of (decisions); the citizen is exempted from the obligation to prove the illegality of the acts complained of (decisions), but must prove the fact of the violation of their rights and freedoms. (Part of padded-Federal law of 14.12.95 g. N 197-FZ) Article 7. The court's decision on the complaint The court issues a decision on the outcome of the complaint. Having established the validity of a complaint, the court recognfies the action (decision) complained of (decision) unlawful, obligates the citizen to satisfy the requirements of the citizen, cancers the measures taken against him, or else restores his violated rights, and of freedom. The action (decision) complained of (decision) is unlawful if it results in the consequences referred to in article 2 of this Law. (The new part of the third is supplemented by the Federal Law of 14.12.95 g. N 197-FZ )Having established the validity of a complaint, the court determines the responsibility of the public authority, the local government body, the institution, the enterprise or the association, the public association, or a public official for acts (decisions) that resulted in a violation of citizens ' rights and freedoms. (Part of padded-Federal law of 14.12.95 g. N 197-FZ ) The court determines the measure provided by the Federal Law "On the foundations of the State service of the Russian Federation" and other persons who have committed actions (which took decisions) The federal law of the civil servant's liability, up to the notion of dismissal. Responsibility may be assigned to both those whose actions (decisions) are found to be unlawful and to those who are provided with information that is the basis for the unlawful actions (s) referred to in article 2 of this Law. (Part of padded-Federal law of 14.12.95 g. N 197-FZ ) Losses, moral damage inflicted on a citizen by recognized unlawful actions (decisions), as well as the presentation of distorted information, shall be compensated in accordance with the procedure established by the Civil Code of the Russian Federation. (Part of padded-Federal law of 14.12.95 g. N 197-FZ If the action complained of (decision) is lawful and does not violate the rights and freedoms of a citizen, he refuses to address the complaint.(Part Three is considered part of the seventh revision) Federal Act No. N 197-FZ) Article 8. Execution of the court's decision The decision of the court, which has entered into force, is obligatory for all State bodies, local authorities, institutions, enterprises and their associations, public associations, officials class="ed">, public servants and citizens are enforceable throughout the territory of the Russian Federation. (In the federal law from 14.12.95 g. N 197-FZ) A court decision is sent to the appropriate authority, association or official, and to a public servant, as well as a citizen, no later than ten days after the decision has been taken power. (In the wording of the Federal Law of 14.12.95) N 197-FZ ) 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 decision. In the event of non-execution, the court shall take the measures provided for in the legislation of the Russian Federation. Article 9. Distribution of legal costs of the complaint procedure The costs of a complaint can be borne by the court if the court decides to refuse a complaint, or a public authority, a local government body, an institution, an enterprise or association, a public association or an official, a public official, if it determines that their actions (decisions) have been unlawful. (In the wording of the Federal Law of 14.12.95) N 197-FZ) The legal costs are assigned to a public authority, a local government body, an institution, an enterprise or association, a public association or an official, a public servant In the event of recognition by the court of their actions (decisions), if the citizen's higher authority, the association, the public official, the complaint was left unanswered or the answer was given in violation of the time limit Article 4 of this Law. (In the wording of Federal Law of 14.12.95 g. The President of the Russian Federation, Mr. Yeltsin Moscow, House of the Russian Federation 27 April 1993 N 4866-I