On Introducing Changes And Additions Into The Law Of The Russian Federation "legal Proceedings Against Actions And Decisions Violating Citizens ' Rights And Freedoms

Original Language Title: О внесении изменений и дополнений в Закон Российской Федерации "Об обжаловании в суд действий и решений, нарушающих права и свободы граждан"

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Overtaken by Federal Law N 22-FZ RUSSIAN FEDERATION FEDERAL LAW On Amendments and Additions to the Law of the Russian Federation " On Appeals to Court of Action and Decisions, The violation of the rights and freedoms of citizens " Adopted by the State Duma on 15 November 1995 Article 1. To amend the law of the Russian Federation "On appeal to court of actions and decisions violating the rights and freedoms of citizens" of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, 685) the following changes and additions: 1. In article 1: , after the words "officials", add ", public servants"; to supplement the article in the second and third content: " The responsibility of a public servant is in the process of -to recognize, respect and protect human and civil rights and freedoms in accordance with article 5 of the Federal Act on the Basis of the Public Service of the Russian Federation. Article of this Law applies also to municipal employees in the event that they are equated with federal law to civil servants. ". 2. In article 2: , after the words "officials," to be supplemented by the words "public servants," after the words "sole action (s)," to be supplemented with the words " including the provision of official information that has become the basis for the commission of the Actions (decision-making), "; to supplement the article in the second, third, fourth, fifth, reading: " Citizens have the right to appeal also the omissions of the organs, enterprises referred to in paragraph 1 of this article, associations, officials and public servants, if any for the same part of the article. Every citizen has the right to receive, and officials, public officials are obliged to give him the opportunity to get acquainted with documents and materials directly affecting his rights and freedoms, if there are none The federal law limits the information contained in these documents and materials. 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. 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, enterprises and their Associations, public associations or officials, public servants who have committed acts (who have taken the decision), with the authorship of the information, if it is recognized by the court as a ground for committing acts (acceptance) ). ". 3. In article 4: , after the words "public official", after the words "official", add ", public servant". 4. Article 5 should be supplemented with a third part, reading: Any circumstances that make it difficult to obtain information about the actions (decisions) and their effects under article 2 of the present report are considered to be a good reason Law. ". 5. In article 6: , after the words "public servants", after the words "civil servants", add the words "taking into account the features of this Law."; Part Two: " To State authorities, local authorities, institutions, enterprises and their associations, public associations, officials, public servants, actions (decisions) of which are subject to appeal by a citizen and have a procedural obligation Document the legality of the actions complained of (decisions); a citizen is exempted from the obligation to prove the illegality of the action complained of (decisions), but must prove that his rights and freedoms have been violated. ". 6. Article 7 shall be supplemented by a new part three as well as parts four, five and six reading: " The action (decision) complained of is unlawful if it leads to the consequences referred to in article 2 of this Law. Having established the validity of a complaint, the court shall determine the responsibility of the public authority, the local government body, the institution, the enterprise or association, the public association or the official, the public servant, Actions (decisions) resulting in violation of citizens ' rights and freedoms. With regard to public servants who have committed acts (who have taken decisions), the court shall determine the measure provided by the Federal Act " The foundations of the State service of the Russian Federation", other federal laws of liability of the civil servant, 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. Losses, moral damage inflicted on a citizen by recognized illegal actions (decisions), as well as the presentation of distorted information, are reimbursed in the established Civil Code of the Russian Federation ."; part three is considered part seven. 7. In article 8: , after the words "officials", add "public servants" after "official," to be supplemented by the words "public servant,". 8. In article 9: , after the word "official", add the words "public servant,"; to supplement the second reading: " A local government, an institution, an enterprise or association, a public association or an official, a civil servant, also in the event of recognition by a court of their actions (decisions), if the citizen's superior is in the order subordination to the authority, the association, the official left unanswered or answered with a violation of the time limit prescribed by article 4 of this Law. ". Article 2. This Federal Law shall enter into force on the date of its official publication. " To invite the President of the Russian Federation and instruct the Government of the Russian Federation to bring their normative legal acts into conformity with this Federal Law. President of the Russian Federation Yeltsin Moscow, Kremlin 14 December 1995 N 197-FZ