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The new litigation of the case under the complaints of the Black sea Shapsugs Islam Napso and Haret Tesheva to the Judicial board on civil cases of the Krasnodar regional court is dated to August 28. And it becomes the third act when the applicants will wait for answer-back actions to their actions conformable to the circumstances.

According to the authorized representative of the applicants on that case Zaurbek Shu, in October of the last year Islam Napso and Haret Tesheva had sent their complaint to the Central regional court of Sochi town. They had challenged inactivity of the body of local self-management concerning the indigenous inhabitants of the Black Sea coast of Caucasus - Shapsugs. One month later they addressed to the Judicial board on civil cases of the Krasnodar regional court, as the verdict of the first judicial instance had not satisfied them.

"In spite of the fact that the applicants addressed to that regional instance having observed all the remedial terms, - the representative notified, - the Central regional court of Sochi town returned the materials to the applicants with a letter, in which they specified about stay of the case because of that the applicants, ostensibly submitting their complaint, did not do it the officially fixed term. But after returning of the documents to the same judicial instance, as it appeared, they submitted the same documents for cassation, too".

Replying the question of Zaurbek Shu about reasons for postponing and non-observance of the terms of consideration of the case by court, the secretary of the Sochi central court said that is it "is connected to the great number of cases in the cassation instance, and the court has not time to cope with them".

First time the Judicial board on civil cases of the Krasnodar regional court invited representative of the applicants to the judicial session in January of this year. However, according to the interlocutor, actually there was not any trial - because in the materials there were no copies of the powers of attorney of the representative of the applicants – Zaurbek Shu.

"Knowing that such situation could happen, - he said, - I had gone to Krasnodar with the whole package of the documents. Including the originals of those powers of attorney, with their copies, with the passport certifying my personality, and so on. However on my request to attach to the documents the missing copies I received refusal on the ground that forming the package of the documents is the right of the Central regional court of Sochi town, and not of the Krasnodar board".

Therefore, Zaurbek Shu said, the documents were returned from Krasnodar to Sochi to form the papers. So he, accordingly, returned to Maykop.

"Only in March of the current year, - the representative of the applicants continued his narration, - the Central regional court of Sochi town sent an inquiry to my address about the missing document, and I, having observed the remedial terms again, submitted it. But again, for the next time the materials were returned to me ostensibly because of that I had not observed the requirements of the court of the first instance, therefore, the case is stopped".

And once again, despite of that formal reply, the Sochi court submitted the materials to Krasnodar. To the representative in that occasion got an official notice therefrom that the cases would be considered – the one at the end of May, and the second - in the beginning of June.

"At first, - in that connection with the last fact Zaurbek Shu mentioned, - it was not clear to me, why they had dated two identical cases for different days. And my misunderstanding that lasted rather long, as I could not be present at those juridical sessions, about what I sent a notice by fax to the cassation instance".

It took the rest of June and two decades of July to find out of results of that session, and at the same time mysterious two-stage consideration, as the representative explained. In Krasnodar he was answered by phone that the case was returned again to the Central regional court of Sochi. He periodically called there - into office of the court on civil cases, where he was replied that they had no information while, as the materials had not been yet returned.

"In the third decade of July, - Zaurbek Shu continued further, - at last, I was said that the both individual complaints were taken off from the juridical consideration, because the copies of my powers of attorney though were added to the case’s materials, but were taken in wrong order. The document for Haret Tesheva’s name appeared to be enclosed in Islam Napso’s case, and, accordingly, his papers were put into hers".

And again he found out that the cassation instance of Krasnodar had no the right to put the powers of attorney from one folder into another, as the cases of the applicants on this time were considered on different days.

What verdict could be made at the session on August 28 Zaurbek Shu did not predict at all. "Sochi officials, together with Krasnodar ones, - he said, - evidently demonstrated that even in their inactivity they can be unpredictable".

The behaviour of the judges, in the interlocutor’s opinion, very much reminds of how the deputies of the Sochi town assembly "solved" the Shapsugs’ question. They "legalized" in the territory of Sochi residing of the small indigenous peoples of Siberia, Far North and Far East. And now "with clean conscience" they say to the representatives of the indigenous small people of the Black sea coast - Shapsugs that there are no them in that list.

"The judges do not have such universal tool as deputies have, but still they belong to the type of the Sochi officials and they use the same methods", - the representative of the applicants stated in the conversation with “Caucasian unit" correspondent.


Опубликовал administrator, 11-08-2007, 17:14. Просмотров: 1745
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