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Аслан Шаззо на сервере Стихи.ру

The Shapsugian question should become the whole-Adygeyan issue

In October after some break one of the litigations in Sochi concerned the rights of the indigenous small people - Shapsugs, recognized by the legislation of Russian Federation, but rejected by Krasnodar regional authorities - is renewed.

On May, 6th this year Lazarevsky regional court of Sochi had rejected reasons of applicant Madin Teshev (settlement Shkhafit) about a duty of releasing him as a representative of the indigenous small people, from the land tax on the basis of requirements of the Constitution of Russian Federation, the Federal law of Russian Federation “About guarantees of the rights of indigenous small people of Russian Federation” and the United Nations declarations from 9/12/2007.

The court considered that neither those statutory acts, nor the others do not have the direct instruction on presence at Shapsugs privileges under the land tax, and contains the instruction on the Shapsugs’ right to use gratuitously in places of their traditional residing and economic activities by the lands of various categories. At payment of Teshev the land tax for using the land area it does not get compensational character as by virtue of clause 8 of the Tax Code of Russian Federation the tax is an individually gratuitous payment.

That is, speaking not legal language, and simple which is used, for example, by aul inhabitants at the coast, the court of the first instance considered that, paying the tax to the state gratuitously, Teshev cannot gratuitously use the land because the tax that he pays, is gratuitous anyway.

This and other doubtful from the point of view of the common sense positions should be denied in the Presidium of the Krasnodar regional court where the cassation complaint had been sent. But will it be possible?

Simultaneously with it Islam Napso and Hariet Teshev (Golovinka settlement) had handed over to the Central regional court of Sochi an application with the request to the chairman to send the executive document to Sochi town assembly. As it was stated in the application, the town assembly has not executed the decision of the court so far whereas it had come to power on May, 8th, 2008.

Tesheva and Napso on December, 3rd, 2007 challenged in court inactivity of Sochi town assembly and recognition partially invalid the Regulations about the land tax of the town achieved. The court recognized illegal inactivity of the town assembly, obliged to reply the applicants, and has given up for the other part of the requirements.

Hariet Tesheva disagreed with the refusal and made a cassation complaint to the Judicial board on civil cases of the Krasnodar regional court. In its turn, the board on May, 8th left the decision of the Central regional court of Sochi without change. Thus, the judgement on inactivity of the town assembly should be executed in a month after the session of the board.

Inactivity of the town assembly consists of that Napso and Tesheva who had written their inquiry to the town assembly in July, 2006 then, were not replied. And it in spite of the fact that nothing prevented the people's chosen men to answer at once, say, after December court. The matter was that by this time the new structure of the town assembly of Sochi was elected, without those who ignored the inquiries.

But the answer has not followed so far. What has stopped the deputies? Probably, that the town assembly of Sochi should comprehensively examine the document of the applicants in the objective way. Further, in the law target dates the assembly should prepare the full reply to all the mentioned questions and to send it to the address of the applicants.

And if the deputies agree that the rights and legitimate interests of the indigenous small people are broken, carrying out the decision of this court, they will be obliged to take measures directed on restoration and protection of the rights and interests of Shapsugs.

Was it so or not, but right after the New Year's holidays the town assembly of Sochi adopted the position cancelling the privileges under the land tax for the peoples of the North, Siberia and the Far East. The cancelling of that absurd position was one of the requirements of Tesheva and Napso in court on December, 3rd.

Absurdity and even odiousness of that position consist of that it, certainly, did not give the right to the natives of the named territories far from us to receive any privileges in Sochi. But it was used actively by the structures of authority which referred that in the list of those people there were not Shapsugs. The signature under such document, for example, of the ex-mayor of Sochi Victor Kolodyazhnyj was easily put.

In Tuapse the litigations took place, too. Both at the town, and at the area level. Courts of the first instance and cassation - in Judicial board on civil cases of the Krasnodar regional court. As the applicants there were Rustam Tkhagushev (Tuapse) and Murat Husht (Tsypka village). But also those litigations appeared not in favour of Shapsugs.

In Tuapse on April, 12th, 2007 in court the representative of the municipality declared: “Official data does not prove to be true the fact of Shapsugs’ residing in Tuapse. There are Gypsies - 5 men. There are Tatars, too - 22 persons. And there are no Shapsugs”. According to it in the decision of the court it was told that Shapsugs, probably, have the rights and corresponding privileges, and, but they are not present in the town.

As the basis to such statement was the census of 2005 where Shapsugs were written down as Adygs. Thus the court was confused at all with that as the applicant there was nobody but a Shapsug, Adyg – Rustam Tkhagushev.

Besides the court supposed that in conditions of the modern town the opportunity of conducting the traditional lifestyle, managing and employment in crafts can be excluded. In other words, living in a town, a Shapsug cannot grow on his personal plot a garden. Namely gardening was also one of the basic forms of Shapsugs’ managing.

The Tuapsinsky area court which session had passed on May, 23rd, 2007, did not deny that representatives of the indigenous small people – Shapsugs - live in the area. But it declared that the law “About the general principles of organization of local self-management in Russian Federation” entitles the local authorities to establish privileges, instead of obliging.

That is, on the logic of this court, Murat Husht in his application referred to the law “About guarantees of rights of small peoples of Russian Federation” in vain because the word "guarantee" in it does not oblige the authorities to that. "Guarantee" is treated by the area, and the town courts of Tuapse as an additional right of the officials: “I do not want it, that is why I shall not do that”.

The region supported it as well as the other positions, having replying the applicants that “by court of the first instance it has been drawn a correct conclusion that establishing of the general principles of organization of activities of territorial public self-management of the small people, is the right, instead of a duty of the institutions of the local government”.

It is clear that all those litigations are described briefly and very schematically. Actually they are much more intricate, on the one hand, and are volumetric, on the other. But it should be clear that actually the courts of the first and regional instances are overcome. It is necessary the higher level – the federal.

What conclusions should be made of the passed stage?

First, the applicants both in Sochi, and in Tuapse have faced “a monolithic wall” when the authorities and the judicial system at the same time leave Shapsugian question by the dead point.

Secondly, the same courts had shown that “a monolithic wall”, nevertheless, shudders very powerfully, and in it there are some gaps impossible to patch any more.

Will this wall fail after transition of the litigations to the federal level?

Despite of evidence: at the federal level Shapsugs are brought in “ the Uniform list of indigenous small peoples of Russian Federation”, and at the regional level there is no legislative mentioning about them, - probably, it is necessary to prepare for the worst variant, too.

And it means that it is possible to wait for more refined pettifogging. As a consequence, necessity for more thorough training appears. And not only legal, even the most ordinary – the material training because, not a secret, a litigation needs much money.

In other words, it should not remain a headache only of the single persons. The wide public should be involved, too. And it is even better, if it becomes the whole-Adygeyan affair.

Zaurbek Shu,

the applicants-Shapsugs representative in court,



Опубликовал administrator, 2-11-2008, 17:32. Просмотров: 2077
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