LawState and Law

Wild Field of the Russian State

Russia, they say, has two woes - fools and roads. Certainly. But there is also a third. This is the ANARCHY, arising from the separate coexistence of the system of power in the state and the people, consisting in the most part of ordinary citizens, not clothed with any ranks and not burdened with a tight purse, formerly called smerds, serfs. Meanwhile, according to the Constitution of the Russian Federation, the state, therefore, the whole state apparatus, functions for the sake of this people, declared as the supreme authority, and for which politicians and various figures are tearing the shirt on their rostrum.

It is a problem - the separation of the system of power in the state and the people - certainly originates from a distant time, when a state was established, or rather planted, in the territory of Ancient Rus by force of arms, that is, by the will of the Varangians, an alien tribe of professional soldiers. That is the reason why in some areas of the empire, then the Union, there were zones where any groupings (family, nomenklatura, criminal) completely subjugated themselves to the resigned because of their lack of rights citizens. Of course, with the connivance of officials, enthusiastically working only on their spheres of bureaucracy, their indifference to the fate of servants, and sometimes the joint interest of accomplices. And in these territories - DICK FIELD - all statehood ended. There, the law was replaced by the WILL of any HOST.

Terrible stories, but already modern, about the lawlessness that is created on such territories of lawlessness, anarchy, which occasionally reach the public, shaking it, but without changing the essence of the problem after that (one grouping is replaced by another), show that in Russia The twenty-first century nothing has changed.

And, behold, you, dear citizens, have one such story, clearly showing that this is all - not empty reasoning.

In the middle of the eighties of the last century in the city of Yakutsk, the capital of the then Yakut Soviet Socialist Autonomous Republic, construction of one of the largest large-panel house building plants began. And from all parts of the USSR working people, mostly young people, were attracted there, attracted by the promise of receiving them in three years of separate apartments, the coveted dreams of all Soviet people. More than three decades passed. The plant was built, and its products turned an ordinary wooden Siberian town into a modern, real city, one might say, a metropolis on permafrost. And the builders, who later became factory workers, grew old. But instead of the promised apartments, they only got room-cages in working dormitories, where they were settled on arrival and where they still live. Moreover, the bird rights. Why?

In the early nineties, privatization of state property began in the country, which I would call derbalovka. Yakutia, of course, was not on the side, more precisely, the ranks, activists from the former party-economic nomenclature. They became directors, that is, in essence, masters of joint-stock companies, therefore private enterprises. On August 17, 1992, the Yakutsk Plant of Efficiency was reorganized into the Joint-Stock Company of the House-Building Factory (DSC). Well, well, the plant with all its equipment was privatized (I want to say, it was appropriated), but the housing stock of the enterprise with the housing department had to be transferred to the local authorities, according to the Decree of the President of Russia of January 10, 1993, No. 8 "On the use of facilities Socio-cultural and communal-household purposes of privatized enterprises ".

However, this decree was wounded. No one thought to give such a fat piece to some slaves.

And on December 10, 1997, by order of the Government of the Republic of Sakha (Yakutia) for No. 1557r three hostels, located in the residential community of DSC on the street. Roads for No. 40, 40/1, 40/2, which are in state ownership, were transferred to OAO DSK as a debt to the republic before the plant. The state that transferred, counting for free, its property, in just a few years was a debtor of those whom it bestowed on the national treasure. The transfer agreement was signed on December 29, 1997.

Thus, OAO DSK became the owner of these hostels, despite all prohibitions. And not one official has not filed an outraged voice with such a clear violation of the law!

Moreover, on March 27, 2003, the Presidium of the Supreme Court of the Republic, without long deliberation, RECOGNIZED, as he snapped, this transaction of factual sales, but not the transition of law. And in order to cancel the decision of the city court and the Chamber of Civil Cases on recognizing the right of one of the tenants to privatize the dwelling, where he lived and still lives! His right to privatize was recognized by the city court in accordance with Art. 18 of the Law "On the privatization of housing in the Russian Federation," which establishes that the transfer of state ownership into another form does not affect the housing rights of citizens, including the right to privatization. And the Plenum of the Supreme Court of the republic ruled that once there was a sale, there was no transfer, and if so, then the smerd has no right, the above requirement of the law does not apply to him. And before all tenants of hostels the door to privatization for ever has slammed.

And no one, no official, and what to say about ordinary citizens, and who would have heard their squeak, did not see all the terrible depths of the meaning of this Decree. AT THE END OF THE TWENTIETH CENTURY OF PEOPLE ARE SOLD IN RUSSIA WITH HOMES, AS THE FOREST PEASANTS! One gentleman sold it to another. And in the Presidium of the Supreme Court of the Republic, which should be a bulwark of legality, no one seems to have even thought about how wild this case is in modern civilized society. The judges have something wrong with just the mind, not to mention the elementary morality inherent in every normal person. How can one so calmly perceive an act corresponding more likely to Ancient Rome, where slavery was elevated to the rank of state policy, and people perceived the sale of the crown of creation, like cattle, a normal phenomenon from the point of view of legality!

Meanwhile, on February 25, 2011, the Constitutional Court of the Republic of Sakha (Yakutia) - according to Article 87. 1. The Constitution of the Republic - the supreme body of the judiciary for the protection of the constitutional order of the Republic of Sakha (Yakutia) - The above-mentioned Government Decree on the transfer (sale) of three hostels to OAO DSC recognized as inadequate to the Constitution of the Republic. The Acceptance and Transfer Agreement of December 29, 1997 was recognized as an integral part of this Order, accordingly, no separate Order was required to determine it.

It seemed everything. Stories are the end. OFFICERS REMAINED TO RESTORE THE SITUATION EXISTING UP TO THE VIOLATION OF RIGHTS IN ACCORDANCE WITH THIS DECISION. But no matter how it is! Began the most interesting.

In all judicial sessions, officials, primarily the Ministry of Property Relations of the republic, followed by the Department of Property Relations of the city of Yakutsk, took the position of an ally of OAO DSC, referring to the fact that he had the right to own these dormitories, because smerds do not have any rights To living quarters! Refuse their claims! But after all, the right of establishing the document for this right was abolished by the highest court of the republic! And the restoration of the original provision is the duty of officials. But they did not think about it. Moreover, they began to refer to the failure to comply with the court's decision, that is, the property right of OAO DSK, which they did not discontinue, as an objective defense of this property right! Absurd? Certainly. But on the absurd and holds the wild field of the Russian state.

And with the housing rights of citizens and still in the same place, that is, they remain as disenfranchised as serfs, as serfs. Moreover, now employees of OAO DSK go to the Rosreestr, BTI and the District Administration of Yakutsk, in order, as they say, to bring all documents on their property right to the mind. And they still give suits in court to evict some citizens from the hostel, referring to the fact that the owners! AND ANY OFFICIAL, INCLUDING, AND JUDGES, DOES NOT SAY THEM, THE LORD IS GOOD, THE RIGHT-STABILIZING DOCUMENT FOR YOUR OWN RIGHT IS RECOGNIZED NOT BY THE RELEVANT CONSTITUTION, THERE IS ANY CANCELED! Let's figure it out!

If this is not lawlessness, if this is not a demonstrative disregard for Russian law, the Constitution of the Russian Federation, what kind of action is this?

And then it turned out that one of the dormitories was three years ago by the decree of the Government of the Republic, namely, on June 22, 2009 it was transferred to the municipal authority. And according to the Act of Acceptance and Transfer for No. 35/277 of June 25, 2009 and the Order of the Ministry of Education of the Republic for No. P-992 of July 7, 2009, the house with all living quarters is included in the Register of Municipal Property. Thus, residents have a right in accordance with the requirements of the RF Law "On the privatization of housing in the RF" to conclude with the District Administration a contract of social hiring with the subsequent acquisition of property in the manner of privatization of the residential premises where they live. But no one has notified of this Order, although it has been gathering dust in all these years. Residents learned about it, and then accidentally, only in 2012. Meanwhile, the end of the period allocated for the privatization of housing is approaching - only a few months are left. Because the tenants quickly appealed to the MU "Department of Housing Relations" of the District Administration of Yakutsk for the conclusion of social employment contracts.

However, in this JO refused to accept their statements, referring to the fact that the certificates of form No. 3 submitted by them do not correspond to the required form, since they were issued by the passport officer of DSC, but not by the passport service of the Federal Migration Service of Russia in the city of Yakutsk. For information, I am noting that there is no rule of law establishing strict compliance with this requirement.

It turned out that during the reception and transfer of the hostel for the omission of officials, the apartment cards of rooms representing communal apartments were not transferred to the Federal Migration Service of the Russian Federation for the Republic of Sakha (Yakutia) in Yakutsk. Here, of course, it is clearly the fault of the employees of the Property Relations Department, the Department of Housing Relations of the District Administration of Yakutsk and the Ministry of Property Relations of the Republic. Therefore, in the database of the Federal Migration Service of Russia for the Republic of Yakutsk, there is not a single apartment from the transferred house, in spite of their inclusion in the Register of Municipal Property. Accordingly, tenants can not submit certificates of the form required in the JOE, except for certificates issued by the passport officer of the DSC, which have these apartment cards.

Meanwhile, the officials of JOU flatly refuse, moreover, not in a very correct form (in other words, they drive the dog away, accidentally wandered into someone else's yard), receive documents from citizens, this problem is OBJECTIVE, and not by the WISE of the EMPLOYEES. That is, officials do not feel any responsibility for misconduct, making from their omission an obstacle in the exercise of the rights of citizens, as justified on an objective demand proceeding from the rule of law, instead of fixing the situation by calling for apartment cards from the passport officer of the DSC. It's the same, feel completely unpunishable for violating the rights of citizens! WILD FIELD.

And tenants themselves can not solve the problem of apartment cards themselves. The passport officer of the DSC does not issue these cards to them, and, in general, is not going to hand them over to the FMS, referring to the fact that there is no order of some Bersh, most likely, the director of OAO DSK. FROM THIS SHOULD THAT THE WILL OF THIS CHURCH ABOVE HAVE ANY ORDERS OF ANYTHING THERE GOVERNMENT AND DECISIONS, THINK, THE CONSTITUTIONAL COURT.

And this statement is not irony. On the nature of the attitude to normative acts, as to insignificant papers, this story shows: I was, therefore, after the first trial to the Ministry of Property Relations, to explain myself.

To the minister, as an earthen louse, which had no significance and weight, of course, they did not allow me. So I was honored to be accepted as first deputy. A small woman was sitting at a huge table, but she looked at me so haughtily as if she were an insect that moves something under her feet. She said that these hostels are not their property, which I can learn from the application to the State Registration Office, because they do not have to do anything and therefore citizens have no right to encroach on someone else's property. To my question, and how to deal with the decision of the Constitutional Court of the republic, she arrogantly gave such a remarkable response that I remembered him for life and immediately got up and left because I understood that there will be no equal discussion of the problem. SHE SAID - AND YOU HAVE IN THE CONSTITUTIONAL COURT ASK WHAT THEY HAVE INVOLVED!

This lady is still in her post, and, in all probability, she does not intend to go anywhere.

Therefore, it follows that the Russian statehood ends on the territory of OAO DSK. And this territory, as can be seen from the situation, includes the entire republic, since citizens can not exercise their legitimate rights, confirmed by state power, because of the demonstrative non-recognition of laws and the lack of enforcement of court decisions in OAO DSC, of course, with the connivance of officials , Their support (God forbid, because of any interest). AND HERE THE LAW IS REPLACED BY THE GUIDELINES OF THE HOST, WHICH WILL NOT BE ABSOLUTELY. But this is the darkness of Egypt.

WILD FIELD OF THE RUSSIAN STATE.

But will the law come to this territory?

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