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The Supreme court of Russian Federation born definition under the application of the chairman of "Council of Maykop workers" Valentin Melnikov, challenging the normative legal acts of the Soviet of People’s Deputies of Adygeya capital in relation to the town tariffs of the communal and housing service for 2005. The definition canceled the previous verdicts of the judicial instances of the republican level and stopped litigation on that case.

"We addressed to the court of the first instance in December, 2004, - the chairman of the organization in his interview to “Caucasian unit" correspondent explained. - For that period we also revealed infringements in the price politics of the town authorities".

But 2005 became the base year of the increase of the tariffs, as he said, when cost of the communal and housing services in the town jumped up in 47 percents. And in February of the same year, the other judicial process was initiated, lasting over a year. Its result was the verdict of the court from March 21, 2006 about recognition inappropriate to the federal legislation of the town normative acts "in the part of the tariffs on the contents and repair of habitation, taking out of the firm household trash, water supply and water systems".

The Soviet of People’s Deputies, the town administration, executing that decision, made a recalculation, the interlocutor said. But that recalculation, that had suited them, but not the townspeople in any way. The previous normative acts were cancelled accordingly.

"As a result of these joint actions of the town’s deputies and the officials of the town administration, 150 million rubles (that were illegally withdrawn from the pockets of Maykop inhabitants for that year) remained not returned, - the applicant stated. - Moreover, it had been already the year of 2006, and that meant that the townspeople for that period, as well as for the next years, paid the same "excessive" 150 million rubles".

Therefore, Melnikov said, the litigation proceeded. And today the main reason, for which the Supreme court of Russian Federation born the definition about discontinuance of the case - that the challenged normative acts were not working, so, they cannot be challenged.

"A legal act, - he quoted, - which action was stopped, is not the basis to occurrence of the civil rights both the duties and also can not entail any infringements of the rights, protected by the law, and freedoms of citizens". Further in the court verdict it was stated, - the chairman of "Council of Maykop workers" said, - that if the applicant disagrees with such statement of the question, he can address to court.

As a whole, in Melnikov’s opinion, the Supreme court of Russian Federation proceeded not only and not so much from the situation in Adygeya capital. Then under the similar circuit many regions of Russia "were processed". And nobody desired to come back to that period.

"Within the base year, - he explained, - the decision of Government of Russian Federation "About the federal standards of payment for habitation both municipal services and order of the reimbursement on overhaul of habitation for 2005" operated. It was not as popular as the law. It also allowed the local officials to make their own decisions. And the appropriate law of the State Duma of Russian Federation, where it was fixed that the tariffs could be raised within one year only once and no more than in 20 percents, was adopted in December of the same year".

The chairman of "Council of Maykop workers" also said that the definition should be necessarily challenged. "In what concrete instances it can be made, - he added, - we are discussing now".

NatPress

Опубликовал administrator, 8-01-2008, 17:05. Просмотров: 1142
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