Review of the acclaimed action “pensioner Suvorov against President Putin,” which the judge Tatyana Leskina held in one day, as soon as the information about it hit the media, ended in the resignation of the judge itself. The Qualification Collegium of the Saratov region “Gazeta.ru” the judges said that Leskina left on their own, refusing to say when she filed a letter of resignation – to review the controversial claim or after. In the Arbitration Court of the Saratov region on the issues of “Gazety.Ru” did not respond, the judge Leskina, according to her assistant, the whole day was at meetings and unavailable for comment.
Between the filing of an arbitration court are gone all the definitions and the decision itself on Suvorov suit Putin
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As already reported, “Times”, 85-year-old Nikolay Suvorov called the Russian president “other oligarchs and officials”, guilty of “impoverishment of the Russian people and razbogatenii billionaire robbers” and demanded to dismiss him . The court accepted the claim for production, assigning preliminary hearing date for April 28. However, the judge considered Leskina claim 7 April, although in the morning on April 7, according to daughter Suvorov, he called home from the court to announce that the meeting will be the 28th. However, as soon as information about the existence of such an action came in the media, Leskina judge one day made several determinations and ultimately rejected in its consideration.
lawyers who initially sympathized with the judge, which will have to disassemble the lawsuit Suvorov to Putin, after his lightning consideration changed their mind on the exact opposite. On the legal sites, a host of comments about the low qualification of the Saratov arbitration judges who managed to grossly violate the rights of both parties – and a pensioner, and the President of Russia, without notifying them to postpone the hearing, which is a wholly cancellation of the decision itself. “What was it? Court frightened own courage? Came “command from above”? And maybe – a deliberate sabotage? – Surprised Alexander Plate, Partner of Law Firm “Intellect-C.” – As a result, instead of sluggish and natural dying process, we see a scandal – A determination of cut-off in the absence of not properly notified about the time and place of the applicant’s meeting, which is the clear procedural basis for cancellation of the definition »
« It is. characterizes the qualification of employees of the Arbitration Court of the Saratov area: the right to have broken even the Russian president to a fair trial, depriving him of the possibility to submit their objections “- outraged lawyers on the relevant websites!. Lawyer Alexander Ostrovsky, however, says that the judge might not be so illiterate that does not understand what she had done. “Judges like to work in quiet offices, as well as about their cases and ask questions the press writes, then eventually start to fear for himself, nervous and” sculpt “mistakes”, – he said. Ostrovsky believes that the judge Leskina voluntarily agreed to resign. “The impression is that there and guide the court itself judge were preinfarction condition and decided to play it safe by getting rid of the judges under the pretext of”, – says he
Nikolai Fedorovich Suvorov due to the dismissal of the judges was very upset. . “How so? For what they are it does so it is possible? We’re not the 37th year! “- Amazed it
However, for Leskinen judge can strongly do not worry -. With the wording on which she left, she left the federal retired judge and may even return to service. At the same time she is entitled to a respectable pension – according to the Supreme Court of the Russian Federation, the average content of retired judges is more than 76 thousand rubles
The former judge is also entitled to numerous benefits for themselves and their.. family: transportation, for housing and spa services. Tatiana Leskina worked as a judge for 17 years. On the website of the court is informed that her second qualifying judges the class, she was awarded numerous diplomas and the Council of Judges of the Medal of the Russian Federation and the Judicial Department at the Supreme Court of the Russian Federation “For faultless service».
However, the claim of the pensioner Suvorov to the president Putin has also led to more serious consequences – changes in the Arbitration Procedure Code (APC). On Thursday, the Plenum of the Supreme Court of the Russian Federation approved a bill that would allow arbitration courts refuse to accept claims. To do this, AIC proposes to add Article 127.1, which provides grounds for refusing to accept the claim. Such a rule existed in the Arbitration Procedure Code of 1992 and 1995. In modern agribusiness wording follows from the bill, this provision is not that “increases the workload of the courts, as the production of such allegations may be terminated only in the proceedings (Art. 150 APK RF)».
lawyer Artur Ramazanov said that, most likely, the adoption of the Arbitration court of the Saratov region to consider action for the removal from office of President was thus a detonator, which accelerated the removal of the Supreme court of the lack of APC: “Lawyers, both scientists and practitioners have long seen this gap in the law and may make proposals for the introduction of this rule »
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The APC invited to make a new item. 127.1 – to refuse to accept the statement of claim, if the statement is not subject to arbitration, or if the same dispute already resolved by another court. Determination to refuse to accept the claim prevents repeated application to the court, though, and can be appealed
«It was done in good faith:. To strengthen the guarantees of the right to judicial protection. Current regulations of the arbitration process does not provide the possibility of the court to refuse to accept the claim prior to the initiation of the proceedings and of the full process: the need to open the process to consider the claim on the merits and then terminate the proceedings if it is found the fact it of jurisdiction, – explains a lawyer large state-owned corporation, It works closely with the arbitral tribunal. –
Returns to verification unfounded claims outside the judicial process, alas, it can hardly be regarded as a step towards progress
Although many. arbitration courts, literally littered with lawsuits, such a rule would have liked, in fact refuse to accept the claim can not exciting process »
« in the morning in the newspaper -. night in the verse, “was formerly a saying here and this claim turned out: figuratively speaking, the judges on the go tear soles, adjusting the jurisprudence under the momentary situation, “- said the lawyer Ostrovsky
Nikolai Suvorov told” Gazeta.ru “. that has filed a lawsuit against the president because he was “sorry for the country and the people, that it was built, and now begging».
«I myself have worked all my life, our country was built, as well as the we are living? Old people can barely make ends meet, young people receive 10-15 thousand rubles -. How to live on that kind of money? – He was indignant. – And officials and oligarchs and pay millions of dollars and huge pensions. What kind of a shame? Why Putin admits to robbing the country? So its very necessary to remove from power, I think so! »
Leskina Judge, stopping production at the suit of Suvorov, referred to the 4th chapter of the Constitution, according to which the President shall have the power, the implementation of which is its prerogative, so the courts “have no right to interfere in his work.” In addition, the decision stated that the head of state enjoys immunity, but only cases related to business and other economic activities are the responsibility of the arbitration. However, the full wording of the decision in writing to the pensioner Suvorov of Balakovo has not yet received.
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