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In Ukraine courts take decision about eviction of citizens without grounds

taIn Ukraine courts decision about eviction of citizens without grounds

In the article the facts of the most rough violation of human rights by the judges of all of instances: from Dzerzhinsky district court of Kharkov to Supreme Court of Ukraine are presented (abstract from the of judiciary commission "Working Khar'kovshchina")

08.10.2004 Kharkov state aircraft manufacturing company appealed to the court with a lawsuit for the forced migration of Ruban Vladimir Nikolaevich who lived Derevyanko, street, 17-а, room 509, Kharkov in a domestic dormitory to a bachelor dormitory into room 819, Derevyanko street, 19.
In the ground of the requirements the Kharkov state aircraft manufacturing company that the defendant of Ruban Vladimir Nikolaevich caused bodily harms to his former wife Ruban Galina Nikolaevna, and these facts are confirmed by the acts of medical examination dated by 19.10.1998, 29.03.2004, and in this connection Chief of the Dzerzhinsky district branch of militia appealed on 03.06.1998 to the Kharkov state aircraft manufacturing company with settling apart Ruban Vladimir Nikolaevich and hisformer wife Ruban Galina Nikolaevna.
In this connection on 09.01.2004 meeting of housing-manners commission decided to migrate Rubana Vladimir Nikolaevich in a dormitory to a new address: street of Derevyanko, 19, to room 819, Kharkov. In the lawsuit in the court the Kharkov state aircraft manufacturing company alluded to the point 19 of Exemplary on dormitories and article 124 of the Constitution of Ukraine as on the norm of material law, which a court with a right to migrate Ruban of Vladimir Nikolaevich to a new housing.
22.12.2004 judge of the Dzerzhinsky district court Lazyuk S.V. adopted a decision about satisfaction of claim of the Kharkov state aircraft manufacturing company, and Ruban Vladimir Nikolaevich was migrated in other dormitory.
27.12.2005 The appeal court of the Kharkov province abolished the decision of judge Lazyuk S.V. and sent the case for the new investigation to the that Dzerzhinsky district court.
On 19.10.2005 according to the decision of the executive committee of Kharkov city soviet, № 17-а, Derevyanko street, was eliminated from dormitories.
Case in the court of the first instance was accepted for investigation judge of Dzerzhinsky district court Slobodin M.N. He examined case from 06.01.2006 to 10.07.2007 until his decision that he can not be a judge in this case due to his self-challenge. There were 17 sessions of court in all.
After the declared self-refusal to investigate the case, case was accepted by judge of the Dzerzhinsky district court Omel'chenko E.A., who examined case from 27.07.2007 to 26.06.2008. More than 15 judicial meetings were conducted in all.
 26.06.2008 judge of the Dzerzhinsky district court Omel'chenko E.A. made a decision and accepted a claim of the Kharkov state aircraft manufacturing company about the forced migration of Ruban V.N., and refused in accepting a cross-action of Ruban Vladimir Nikolaevich to KhSAMC.
 The decision of judge Omel'chenko E.A. is illegal due to the followings grounds:
1. The court violated article 11 of civil-procedural Code of Ukraine, in accordance with which «Court examines civil cases not as on the appeals of physical or legal persons, delivered in accordance with this code, within the framework of the declared requirements and on the basis of proofs of sides and other persons who participated in the case».
2. In the ground of necessity about migration of Ruban Vladimir Nikolaevich, the Kharkov state aircraft manufacturing company alludes to the point 19 of exemplary rule on dormitories, «Migration, in the case of necessity, of citizens from one dwelling apartment in other in this dormitory is made in decision of administration of enterprise, establishment, organization and trade-union committee and committee of komsomol with delivery of new warrant». And at the same time the Kharkov state aircraft manufacturing company asks a court to transmigrate Ruban Vladimir Nickolaevich not within the limits of this dormitory, but in other dormitory, to other address with worsening of housings conditions: migration according to the demands of plaintiff must be conducted from a domestic – family dormitory (where the warrant gives dwelling-place in two or three-room apartments) in a bachelor dormitory (where the warrant gives one bed with joint living with strange people in one room). The Dzerzhinskiy district court in composition of judge Omel'chenko E.A. had to decline this lawsuit, however on 26.06.2008 court satisfied the illegal, groundless requirements of lawsuit of KhSAMC. Appeal court of the Kharkov province in composition the judges of Izmaylovoy G.N. (presiding), judges of Sytnik O.M., Kokosha V.V. ignored the requirements of law, said no in defence of the broken housings rights of Ruban Vladimir Nikolaevich, and the court of Appeal declined petition of appeal on 23.09.2008. Supreme Court of Ukraine in composition of the judges of Okhrimchuk l.I., Mazurok V.A., Senina Yu.L. ignored the requirements of law, said no in defence of the broken housings rights of Rubana Vladimir Nikolaevich, and The Supreme Court declined appeal on 07.09.2009. Thus the Supreme court of Ukraine violated the requirement of Civil-procedural Code, because it considered an appeal in absence of declarant, not looking on that Ruban Vladimir Nikolaevich solicited about conducting of the judicial meetings in his presence. In respect of norms of article 124 of the Constitution of Ukraine, its norms carry general character, and say that justice is carried out in Ukraine exceptionally by courts. This article does not regulate relations in the field of rights on eviction or migration from a dormitory.
3. 22.12.2004 judge of the Dzerzhinsky district court Lazyuk S.V. made a decision, and evicted Ruban V.N. from the occupied habitation. This decision was acknowledged to be illegal and abolished according to the Decision of the Appeal court of the Kharkov province in composition of the judges of Shevchenko N.F., Zazulinskaya T.P., Danilenko V.M. on 27.12.2005 with sending case to new consideration. In obedience to the information of Kharkov City bureau of the technical inventory from 04.10.2006, in accordance with the decision of executive committee of Kharkov city soviet from 19.10.2005 № 1325 house № 17-а on a street Derevyanka is eliminated from a number of dormitories. Thus in the moment of the repeated consideration of the case, Ruban Vladimir Nikolaevich was not evicted from the dwelling apartment, and a dwelling apartment lost status of dormitory. That is, during the new consideration of the case the district court had to leave the lawsuit of the Kharkov state aircraft manufacturing company without motion, because it does not accounts for the requirements of the law, that was not done by the court in composition of judge Slobodina M.N., and then by judge Omel'chenko E.A. renounced to do that, declining the proper petitions of Ruban V.N. In the moment of decision-making from 26.06.2008 the Dzerzhinskiy district court in composition of judge Omel'chenko E.A. had to follow the norms of Housing Code of Ukraine, which regulate the mutual relations of citizens, residenting in the dwellings apartments of state and public housing fund, but not by the norms of law, regulating the order of residence in dormitories, and had to decide about a refuse in satisfaction of lawsuit. But a lawsuit was satisfied by the court.
4. Examination of cross claim of Ruban V.N. about settling to his dwelling was groundlessly delayed, that is the proof of violations of judicial rights of Ruban Vladimir Nikolaevich for consideration of case in reasonable terms (3 months). Obviously the illegal, criminal decision of judge of the Dzerzhinsky district court Lazyuk S.V. about eviction of Ruban V.N. was accepted during 1 month (On 12.11.2004 a lawsuit was accepted to the consideration by the judge Lazyuk S.V., and on 22.12.2004 judge Lazyuk S.V. allowed a lawsuit). The repeated decision of court of the first instance was adopted on 26.06.2008, that almost after 4 years.
5. Appeal of militia about the necessity of settling apart Ruban Vladimir Nikolaevich, and his former wife dated as 03.06.1998 was adopted and delivered before than bodily harms were caused and conflicts have been registered in militia, namely 19.10.1998 and 29.03.2004, and these facts are in lawsuit of Kharkov state aircraft manufacturing company. That is the proof of falsification of case materials, and the courts of all instances of Ukraine ignored these facts.
6. During illegal migration of Rubana Vladimir Nikolaevich, his valuable for a total sum of 102 153 hryvnas (50 000 US dollars) and 800 dollars of the USA were stolen. In cross-action of Ruban Vladimir Nikolaevich there were demands to recover him moral harm in connection with the theft of his personal things. This lawsuit requirement was produced to Shvets Viktor Dmitrievich, who was settled in the apartment, occupied earlier by Ruban Vladimir Nikolaevich, and who was witness during the forced migration of Ruban Vladimir Nikolaevich, and was accordingly participating during the loss of things. These requirements were declined by the courts of the first, second and Supreme instances despite the act signed by 2 witnesses that such thing were stolen.

Foregoing confirm illegality of decisions of the Appeal court of the Kharkov province and the Supreme Court of Ukraine.

Yaroslav Karachevtsev, right-defender, journalist 

Категория: Международные новости | Добавил: stbudg (28.02.2010)
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