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Federal judge of Obninsk penalized the prosecutor for the chicane

Татьяна Котляр
Татьяна Котляр
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Today the court of Obninsk adjudicated the Obninsk prosecutor's claim for invalidity of registration of residence of a Russian citizen, member of the state program of voluntary resettlement (a native of Pamir, Khorog), and deregistration from the apartment of my ownership.


Federal judge Soldatkina (Obninsk municipal court) raised the issue: whether the prosecutor has the right to file such claim.


Then the prosecutor abandoned a part of the claim "in the interests of an indefinite circle of citizens", but said the claim was filed on behalf of the Russian Federation on the basis of Art. 45 CPC RF (they say, the prosecutor has the right).


My attitude was that no state's interests haven’t been violated.


Also, during the trial I have demanded the prosecutor to stop "carrying out experiment on migrants": "You can carry it out on me, on you, prosecutor, but you can’t carry it out on migrants!"


Another representative of the compatriot prepared several legal positions:


1. Chicane (the prosecutor clearly abused the right given to him by law, with reference to possible crimes or offenses that compatriot can make);


2. Invasion of personal privacy and family life (Article 8 of the ECHR; Jesuitically prosecutor filed a claim only on a young mother-compatriot, brassily stating in court that he doesn’t bother a father and two young children, doesn’t cancel their registration; he said that the father is a legal representative of the child, and that's enough for kids);


3. With his claim prosecutor infringe on Tatyana Mikhailovna’s right to property guaranteed by Art. 1 Protocol №1 ECHR (the owner is entitled not only to possess and use but also to dispose of his property as he pleases);


The judge also didn’t find a violation of state interests. A determination on the termination of the proceedings rendered. I can get the determination only on Monday.


Good news."




While hearing the determination, which has been proved by several constitutional provisions, representative, of course, wanted to hear that federal judge will also put the norms of international law.


 ...only in my dreams...


As for the rest, yes, the determination is beautiful :)


Original: http://7x7-journal.ru/post/35198?r=kaluga

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