- Sergey Rosedkin -

 

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THE CLAIM

 

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THE CLAIM

 

The truthful story about lessons of one judicial suit

With the application of a good advice going to court

 

 

 

Some preliminary words

From sumy yes from prison, speak, do not promise. I will add: and — from court.

Though, of course, and in prison get, basically, through court, but, first, not all defendants and furthermore respondents put, and secondly, through drudgeries of court besides them there pass victims, claimants, interested persons, witnesses, — all those poor fellows whom the destiny has dragged in a law machine besides their will and has forced, spending nerves, forces, health and a part of the life to shiver in it on potholes of judicial office-work unlimited quantity of time. In a word, it is a question of hundreds thousand if not millions, fellow citizens who already participated in judicial performances or participate at present. To all of them, martyrs of our judicial system, this is devoted epic (here both the epic bylina, and is truthful-documentary byl) a narration. It, first of all, is addressed those who will get under law machine wheels, yet not suspecting about it, tomorrow, by that who promises.

The court as that has been thought up and created during bible times is unique for the blessing of people. It should provide to any and everyone offended, utesnyonnomu, plundered a justice celebration, to protect its rights. However the history, the literature and, first of all, folklore testify, that the court uses in the people, to put it mildly, strange reputation. It is necessary to glance at least in a popular wisdom well —  V.I.Dalja's dictionary  :

— To have legal proceedings — not to the God to pray: bow you will not get off.

— The court so will be thin has settled.

— Be not afraid of court, be afraid of the judge.

nepravdoju the court costs.

— Straight line court, yes the judge of a curve.

— To court you will go — the truth you will not find.

— It is useful for the judge, that into a pocket has got.

— Suit — a loop; court — the gallows.

— The Earth likes manure, a horse oats, and the judge prinos

Etc ., etc ., and so forth — up to classical:

— The law dyshlo: where has turned, there and left.

Vladimir Ivanovich, itself, probably, having amazed with such dense mistrust of the people to courts, has made the eloquent note in the bottom of dictionary page: «we did not have any proverb in a praise to courts, and nowadays I heard one: Nowadays before court, that before the God: all are equal». Where heard? From whom heard?. Does not explain. It is not excluded, that itself by kindness sincere this saying and has thought up.

Contemporary Dalja Feodor Mihajlovich Dostoevsky, devoting is a lot of one and a half centuries ago pages of the of "the Diary of the writer» and «Brothers Karamazovyh» to then judicial reform, did not get tired to mourn and be angry, being amazed with its sluggishness, together with absurdities of judiciary practice, during reform only the multiplied. For poltorasta years, past since then, absurdities did not become, and judicial reform of the end of the century by XX th and the beginning of XXI th in the same way less, as well as its predecessor of a century of XIX th, to impropriety was tightened and revolves …

However, will suffice to theorise. It is time to business., At first sight, absolutely improbable history from judiciary practice, and the most improbable in this history that similar to it in ours rasejskoj to judicial system are occurred-happen pretty often further will follow, are typical and obydennynesmotrja even on as though roughly as though going as though many years judicial as though reform-reorganisation …

 

1. Background

In dostoslavnyj the city of Rams (we will name-will designate this regional centre at least so) has arrived I in 1982 on distribution, having finished faculty of journalism of the Moscow State University. The editor regional molodyozhki (so then Komsomol newspapers were called in use) has enticed-has enlisted me in these gluhomannye chernozyomnye palestiny the promise, that-de at once and will immediately present me, nesmotrja even on my barchelor status, separate apartment. By itself, the editor dreamt, as the grey gelding, all has appeared a bluff, and I, promajavshis year in a working hostel, have already started to pack unique chemodanishko, as suddenly …

Probably, it was fated nevertheless Baranovu to become my native and fatal "residence". More shortly, at first I have fallen in love, then, as consequence, married, addition soon was outlined in family. The wife washing worked in the same edition of the youth newspaper, and lived before with mother in the small private house where lived also a family of the brother. More than a year pomytarilis we, renting another's apartment on city suburb while, at last, have not received the — in the new house in the street International in centre Baranova. It was not the house, and simply any architectural monster: the ten-storied brick fortress, pressed down itself the whole quarter. Sharp ledges and deepenings on a facade the house reminded a huge cranked shaft. In front at level of the second floor the glass parallelepiped of "the trade House» hung. The big flight of a wall of this shop has soon failed (has managed, thanks God, without victims!) Sides have propped up it on all perimetre iron beams, and our house in the people began to call since then the house on kurih legs.

Any Armenian was the architect of our house-monster, and its this project intended, speak, for Yerevan, but was for some reason embodied in Baranove. However, now it is a question not of absolutely ridiculous ladder marches which are located absolutely away from inhabited sections-corridors, and on them it is necessary to get on open all winds and icy colds to the street transitive balconies which are piled up directly over an entrance by the whatnot. (Patsanyo, by itself, at once has chosen these balconies: it is interesting to spit downwards on heads entering, and even to dump something more essentially and more hard!) More essentially what even this silly project our homebrew builders have managed to make still anekdotichnee therefore numbering of apartments has turned out such, what even in the "yellow" house hardly happens. The matter is that, whether on excite, whether for fun, builders have put partitions not in the middle as it was projected, corridors that three apartments had an exit, let us assume, in 2nd entrance, and three — in 3rd, and took and have muffled a brick partition one of exits. The long corridor on six apartments with one exit has as a result turned out.

We managed one-room apartment № 93 on 6th floor at 3rd entrance, and as the fates decree yes «free masons» in neighbours there were at us tenants of apartments №№ 92, 94, 165, 166 and 167. And on all — the general corridor in 2 metres in width and kind 35 metres in length. The townspeople living in "five-storey apartment blocks" with tiny ladder platforms, quite could envy: a long light warm corridor (eight windows with the window leaves, eight radiators) — to kiddies on bicycles can go for a drive, to old men in bad weather to be walked-be kneaded. On some floors neighbours have amicably co-operated at once and in the end of a corridor, in "appendix", have built the general kladovochku on six apartments — bicycles, children's carriages, old furniture to store … If to consider, that cellars in the house were not, these general kladovochki fine facilitated a life to amicable tenants-neighbours.

On our 6th floor to agree too was have begun, but negotiations quickly were at a deadlock: the mistress of 92nd T.  M.Ulyanov — to the most extreme in the heart of a corridor — has for some reason opposed flatly. However, her long did not persuade: does not want so does not wish — to respect another's will it is necessary. poudivljalis, it is final: really to her it is not necessary in an economy zakutok-kladovochka? Strange, not clearly!

Soon the mistress of 92nd has divorced from the former husband, has moved it, but together with a daughter lived in apartment not for long — a certain businessman-businessman Timothy Syskunov has there and then driven to them. As the husband or a roommate, not an essence important (in passports neighbours did not look), the main thing, that the apartment was registered for Tamara Moiseevnoj, it both was, and remained the sovereign mistress of 92nd — from it, as they say, and demand.

But with the advent of  T.B.Syskunova all also has begun: owners of 92nd have called-have employed hard workers, those have delivered-have brought on a floor of bricks, a solution and have bright built a powerful partition, having snipped off in the individual property for Ulyanovs-Syskunovyh a kind third of general corridor (with three windows yes three radiators), at all having fenced off them from neighbours. Neighbours intelligent, with a view of world and calmness preservation, have kept silent in a rag.

Appetite, as is known, comes to meal time, especially at predators. Once in clear week-day (there was a Thursday on November, 19th, 1998) we, the nearest neighbours who have casually appeared the houses, have heard noise-roar in a corridor and when have looked out have beheld, that iron designs there are piled up, the gas welding flame is shone-rustles, and under the guidance of Timothy Syskunova at full speed there is an installation of a new metal partition. And, it is established not instead of former brick, and ahead of it on three-four metres. Thus, enterprising owners of 92nd on eyes at fair ljuda took-otgrablivali already almost half of general corridor (13 running metres!), but, the main thing, last of remained in the given section at all closed a window and a radiator, leaving for the nearest neighbours cold (winter), stuffy (summer) and dark (always) deadlock.

Shy attempts of neighbours to bring to reason Syskunova to persuade-beg him not to put an additional partition, not to deprive of their ray of light in this wing of a corridor — were gone in vain: Timothy and to talk has not wished, only has thrown-has filtered through a shoulder, that I to you, poor supposedly will make, light: over a partition a lantern I will build — will burn round the clock. To neighbours to be satisfied, and to be glad for Ulyanovs-Syskunovyh: people had in addition and for nothing a wonderful light room for a dog, under a warehouse, and can, under a cosy hall … But neighbours have definitively lost the intelligence and has impudently made the protest. And, not only in words, but also on a paper. Namely: we have written this very day the statement addressed to director МПЖХ-3 (this abracadabra is deciphered, like as — the municipal enterprise of housing and communal services number three) which we concerned «the house on kurih legs». We would know then in what bother we are got involved!.

The first (already historical) the statement looked so:

To chief МПЖХ-3 of Lenin r thow Baranova

From tenants of apartments 93, 94, 165, 166 and 167

At home № 54 on street International

 

THE STATEMENT

 

Several years ago tenants sq. 92, not having co-ordinated with anybody from neighbours, have fenced off a considerable part of the general corridor (with three windows and three heating batteries) a capital brick wall, than have considerably worsened our living conditions. However with a view of the world and calmness we to protest did not become.

And here just, on November, 19th of this year., in the afternoon, it is literally for one hour they have mounted a new partition already from iron, having fenced off some more metres of the general corridor, and now in their individual using there is almost its half.

As a result of it:

1. Last heating battery in this wing of a corridor Is fenced off-is closed.

2. The last Is fenced off-is closed also in this part of a corridor a window so on other five apartments now remains only four windows from eight, therefore:

The most part of the remained corridor is transformed into deaf, dark deadlock;

In case of a fire, smoke blanketing (that already happened in our corridor) there will be no possibility to air this part of a corridor;

Now there is in general no possibility normally to air a corridor, especially in summer heat.

3. The dog from sq. 92 which contains in the fenced off part of a corridor, now practically is under walls of apartments 93 both 94 and the bark delivers weight of inconveniences.

4. That factor is important also, that tenants sq. 92 concern a category of businessmen so if any racketeers or competitors will start to blow up their door (that happens today pretty often) now walls of neighbours will suffer from such explosion also.

5. At last, fifthly, and the most important things: as far as we know, in houses with koridornoj system in general it is forbidden to construct in the general corridors any partitions without the consent of neighbours.

In connection with the above-stated we ask you to use all measures that all and all partitions (both new iron, and old brick, and all the others, how much there ponastroeno still) in our corridor on 6th floor of the house № 54 on street International have been disassembled-are cleaned.

Very much the simple problem hopes for the fast decision of this enough!

(Date, signatures of tenants-neighbours)

To us, naive, appear, that we well have o-o-very convincingly stated an essence of the matter, and that it of really eaten away egg is not necessary. I even for secure have specified in the signatures, that supposedly «the member of the Union of journalists and the Union of writers of Russia», and the wife too has forced to "admit", as it a member of the Union of journalists in addition — the correspondent of the regional newspaper «Baranovsky life». On the one hand, of course, in any measure pressure upon those who with the statement will understand and even polite blackmail, with another — simply unostentatious prevention to potential bureaucrats: in case will begin business volokitit — it can become known.

Aha, shchas! Napuzhali! It earlier, in "brezhnie" times, bureaucrats «the fourth power» were rather afraid (for criticism in the newspaper and of awards deprived, and in a post could lower and even under court to give), to an epoch "eltsinizma"

However, we will return to arguments and the facts. Here it is a high time to give also a place to potential victims-participants judicial igrishch the first GOOD ADVICE: write-make statements (claim, on instances) it is strict, efficient, laconic: since the first lines only an essence, the reference to the law and — any lyrics.

For example, in our case the dog bark under a door, hypothetical explosions of racketeers-competitors and even infringement of fire-prevention safety is just and there is a lyrics. Statement salt contained in last (5th) point, and that has been expressed too shy and prositelno («as far as we know …»): at once it is visible — wrote lohi, "lousy" intellectuals wrote, wrote shy ljudishki, the first, not assured of the rights. Efficiently this statement should look so:

The statement

 

In our general corridor on six apartments owners of 92nd apartment have stolen the most part of the general koridornoj the areas, autocratically having established partitions, than have broken articles of the Civil code (such), the Criminal code (such), Constitutions of the Russian Federation (such) and the General Declaration of human rights (such).

We demand immediately to take measures to that partitions in our general corridor have been taken down, and owners of 92nd apartment are involved in administrative responsibility.

As our codes constantly vary, periodically there are to them specifications and additions it is desirable to find among the acquaintances of the lawyer or not to regret money for legal consultation where will help to specify references competently. We, for example, neither did not know a dream nor spirit, that in the Civil code there is article 289 «Apartment as object of the property right» in which it is accurately told:

«The proprietor of apartment in an apartment house along with a premise belonging to it occupied under apartment, posesses also a share in the property right to the general property of the house».

And following remarkable article at number 290 unambiguously explains and specifies:

«1. Proprietors of apartments in an apartment house posess on the right of the general share property the general premises the houses bearing designs at home, mechanical, electric, sanitary-engineering and other equipment outside of or in the apartment, serving more than one apartment.

2. The proprietor of apartment has not the right to alienate the share in the property right to the general property of an apartment house … »

Moreover, Ulyanovs-Syskunovyh actions quite fell and under article 330 "Arbitrariness" of the Criminal code on which rather strict punishment up to corrective jobs and arrest is provided. And absolutely to us in heads could not come, that we koridornaja history directly is interfaced to 17th article of the General Declaration of human rights:

1. Each person has the right to own property as individually, and together with others.

2. Nobody should be any way deprived the property.

Meanwhile, delivered I our amateurish "cart" in МПЖХ-3 where at once it was found out one detail which is formulated in one more GOOD ADVICE: on instances it is necessary to represent each statement in duplicate and necessarily to demand, that on the second copy the official or the secretary accepting the statement, have named date, registration number, phone of office and have undersigned. From this second copy which remains at the applicant, it is desirable to make and two-three x-copies — it is useful.

With our statement to understand has dropped out to the engineer of the given municipal office  A.L.Loskutovoj. She at once, yet up to the end having read up the statement, has started to complain hot suddenly to us that-de the authorities at them, «private soldiers kommunalshchikov», awfully is not enough, and it help hardly to us can, so it is supposedly better to address at once in regional administration. However our statement engineer Loskutova with a reluctance, but nevertheless has registered. And we have printed in the meantime on pishmashinke the same statement still in duplicate — already addressed to the head of Lenin area of Baranova  E.A.Nemchurova and delivered in office rajadministratsii on 20th of November.

Whether long shortly time went, partitions safely stood, only on December, 17th we had to unpack urgently our statement in four copies, with a new cap, and run to deliver it in two offices. The matter is that soon after my campaign in rajadministratsiju pojavilas in our corridor the representative commission in which structure there was even a militiaman with the organic weapon in a holster. To shoot to Ulyanov, the mistress of 92nd apartment, of course, nobody became, but through day-two it have sent the strict instruction: partitions in the general corridor immediately to take down! Us, applicants and it is extreme interested persons, about this wonderful strict instruction to notify for some reason did not hurry. And only on 16th of December we have received at last a paper from administration of Lenin area, dated on 1st of December (between a building of administration and our house on a straight line — 500 metres!) where it was informed, in particular:

… sq. 92 the instruction about the offer of a pulling down of a partition is given out till 15.12.98 the tenant . If the autocratic structure is not cleaned to the specified term a question should dare in a judicial order.

(I and will leave further style, a punctuation and spelling of documents whenever possible in all their protogenic beauty.) it is natural, I as the representative of neighbours have hastened in administration to inform, what «the instruction about the offer» has not conceived action on the mistress of "an autocratic structure», and to specify — whom and when «the question should dare in a judicial order»? It is possible to imagine expression of my person when in office of administration I have seen-has beheld in business № 989 about "our" ill-starred partition over answer nemchurova the resolution signed by its subordinate — the chief of department of housing and communal services and an accomplishment of administration  of A.A.Volodkina, dated on 10th of December: the statement to remove from the control whereas owners sq. 92 make out-de the permission to the partition in management of architecture of the mayoralty.

A horse-radish to itself! I run have rushed off in an office of Mr. Volodkina to glance to it in eyes and personally to be convinced: can, it, really, had till now no concept, that without the consent of neighbours anybody and never (even the President!) will not resolve, will not legalise capture in a private use of the general corridor? Having looked at official Volodkina, on its shining person and indifferent full eyes (the most typical saltykovsko-shchedrinsky the hero!), I have quite guessed: all what it is necessary, it has concepts, and citizen Ulyanov has visited here knowingly …

By the way, running awfully forward, at once I will tell, that many peripetias given peregorodochnoj lawsuits, the behaviour of other officials and other is responsible-irresponsible persons look from the point of view of the normal person absolutely illogical, ridiculous, strange and inexplicable (it would seem, make all under the law as it is necessary, under the instruction and — you have less than efforts!) so willy-nilly it was necessary to it to assume an explanation only one, and, besides, it is perfect in the spirit of unforgettable Michael Evgrafovicha: take-with! It is characteristic in this plan an involuntary sigh-recognition of citizen Uljanovoj during the next judicial session, already on the fourth year of suit supposedly horror, how much to it it was necessary to exhaust money because of these partitions — the whole house could be constructed!.

Well and so, having understood, that with official Volodkinym to speak it is useless, I have made the way next day on reception to most nemchurovu. To admit, too has come with small "vzjatochkoj" — has handed over to start acquaintance the book the "Kriminal-show" published shortly before those in Moscow. I do not know, how with other visitors, but with me Edward Alekseevich was courtesy. Has attentively listened, sympathetically clinked language, to a case has confidentially told and about the lawsuits-problems, cares and affairs, and then has called Volodkina, has put it before itself on a carpet and has made to the subordinate at my presence the strict suggestion: tightened koridornyj the conflict to resolve immediately and according to the law letter. The chief zhilkomotdela poeliku has probably stood at attention and has muttered: it will be executed! And, E. And. nemchurov it has appeared it is so delicate, what did not begin to find out from the subordinate (at least, at me) — why, from what such interests that has tried to lower business on brakes?.

Here again it is necessary to formulate one morethe GOOD ADVICE: it is not necessary to wait indifferently for messages-answers from instances in which you have addressed for the help, follows persistently, at least by phone, to demand the operative answer.

This rule is especially actual presently when many state institutions, almost all offices, up to judicial, save on the postage. By the way, on doors of judicial offices so it is frank and shameless pieces of paper-requirements are pinned: in communication, say, with insufficiency of financing we ask to apply on claim and cassation statements the marked envelopes on number of participants of process. Thanks, that an input in a building of court and toilets in him still remain free … Though, however, about toilets I have hurried: toilets in courts (and I could happen in two regional and regional) are closed-are strongly closed on code or usual locks and are accessible only to judges. As there are position usual visitors in case of a diarrhoeia attack — do not know: the God pardoned …

And meanwhile, as it was mentioned, this very day, on December, 17th, I nevertheless have run on any fire case, have carried statements for illegal partitions in department on affairs of building and architecture of mayoralty Baranova and, that's it, in a fire brigade. The chief of firemen  V.G.Djachkov, as well as it is necessary to the person sluzhivomu, has responded quite operatively (on December, 22nd), but it is strange:

Your statement from December, 17th, 1998 is considered with an exit into place.

During check it is established, that data stated in your statement, questions of fire safety do not mention.

From Management of architecture and town-planning of the mayoralty of Baranova 2.12.1998 years in СПЧ-1 have arrived the statement for possibility of registration of a partition in a corridor of 6th floor sq. 92 on street International, 38 gr. Uljanovoj T.M  .

The statement is considered with an exit into place and it is offered to impose a metal partition with a bricklaying …

I did not know then, what fire education has Sextons, but he obviously did not know alphabetical fire-prevention trues: in a long corridor with set of apartments any partitions mention «questions of fire safety». As to the mythical statement from management of architecture which has ostensibly entered a fire brigade it in general from area of black humour: it nothing the mayoralty of a city more how to write statements to regional fire brigades concerning partitions of any citizens of Ulyanovs. It is important, that two campaigns dostoslavnyh firemen in our corridor («with an exit into place») for the nearest neighbours have passed not noticed. Well and about obkladyvanija a metal partition "bricklaying", I think, and to make comments there is nothing: still would offer their Ulyanovs-Syskunovym the first, brick, a partition to chain in iron and the reservation …

When in the first newspaper material about peregorodochnoj I have made to history the observations about the strange answer of fireman Djachkova, it has there and then sent in edition hot, flaring fire of anger the letter or, more correctly, at all the letter, and — an is epistolary-memoirs short story under the title «Black envy», not deprived literary izyskov (I result in some reduction):

Black envy

 

Having read article in the newspaper from March, 17th under the name "Capture", N.Rosedkinu who sneers concerning my vocational training should answer «the chicken staff reporter» .

First, not to the person to a member of the Union of journalists and the Union of writers to print an unchecked material and to be engaged in a juggling and peredyorgivaniem the facts and that is why. Your statement was not considered by me, as I have been occupied by other job, and have been operatively considered by one of assistants who has signed the answer. In the letter directed it was noticed to applicants, that on December, 2nd, 1998 from management of architecture and mayoralty town-planning the inquiry with the request has arrived to prepare the conclusion about possibility of registration of the partition erected autocratically T.  M.Uljanovoj. On December, 3rd inspection gospozhnadzora parts had been prepared the conclusion, that the partition can be registered under condition of its device from a brick. Besides citizen Ulyanov for autocratic building has been fined on 50 roubles.

And secondly, gr. Rosedkin, allow to spend with you a small fire educational program. The partition executed from a brick, will fence off a part of a deadlock corridor in which there is only 1 exit from sq. 92. The brick partition in this case is not infringement of fire-prevention requirements as does not reduce a limit of fire resistance of a building, does not interfere with evacuation of people and fire extinguishing. For smoke release remains 4 more window apertures.

You black envy which you give vent on builders, moves businessmen, fire, administration of area and others. As so the corridor part was occupied with one family, and at you such possibility has not appeared.

You suggest to make in the end of a corridor the general kladovochku on six apartments, and here it just to do it is impossible, forbid «Fire prevention rules in the Russian Federation» to arrange in staircases and in corridors pantries.

And in summary your question what education at the chief of a part  V.G.Djachkova I answer: the higher, has ended VIPTSH the Ministry of Internal Affairs, the job experience in fire protection — 25 years, on the bill of ten extinguished and warned fires. All employees of inspection of the state fire supervision of a part who, by the way, spend the big job on the prevention of fires in Leninsk area have the higher vocational education. Only last year they check up a fire-prevention condition 501 objects, for infringement of rules of the fire-prevention is involved in administrative responsibility of 219 officials … (Further follows still half-pages of figures and victorious reljatsy. — NN)

So, gr. Rosedkin, let the reader will draw a conclusion who is engaged in business, and who a cackle, arranging well own "hen house" …

As we see, Djachkovu it was possible (and not once) rather witty to beat-connect my "chicken" surname with the metaphorical name of ours «houses on kurih legs». It was possible in any measure to the fire chief and to underline-show the good breeding: "you" all these from the big letter, the reference «gr.» (Can, even — the count?). But here with the facts and logic at Mr. Djachkova (I will notice in passing — as at many chiefs!), at once it is appreciable — naprjazhyonka obvious. He has accused me in «to a juggling and peredyorgivanii the facts» on the ground that the answer was signed not by him, and its deputy But under the answer accurately typewriting has been designated «the Chief of a part  V.G.Djachkov» and — a flourish which and Sherlok Holmes would not disassemble. So in a juggling followed accuse unknown zama Mr. Djachkova who for some reason has forgotten before a list as it and is necessary, to attribute pro or "instead of".

Further the fire chief mentions about «inquiry with the request to prepare the conclusion» which has entered СПЧ-1 from the mayoralty, but in the answer to tenants-neighbours as we remember, lexicon a little bit another: «the statement for possibility of registration of a partition …» I Think, any and everyone will agree, that «inquiry with the request» it at all "statement" so one more is available podtasovochka firemen: after all, it turns out, they tried to assure of the first answer us, as if management of architecture of the mayoralty already completely on the party of Mrs. Uljanovoj.

But the sharp reader has already understood, that the culmination of rather original logic of the commander was showed by a regional fire brigade especially brightly not in these small deceits, and in the further passage — about brick partitions and the general kladovochki. Only to ponder: the fifth part of the general corridor for a pantry on six apartments to fence off «Fire prevention rules of the Russian Federation» forbid, and almost for a pantry of one apartment the same fire rules-instructions permit half of same corridor! Here, really, the law, that dyshlo … And, as though has at all forgotten Sextons about the most essential fire-prevention fact: all partitions in this general corridor from "bad" 92nd apartment block the second exit from a corridor — in 2nd entrance. It is interesting, where there were firemen when our house was accepted in operation?

More shortly if gallant chief Djachkov also has finished «VIPTSH the Ministry of Internal Affairs» (a horse-radish knows, what is it the such!), but logic, most likely, there did not teach. And if taught, not protivo - namely — the fire any logic.

However, Let it pass, with this regional brandmajorom, I so have in detail stopped on its answers more visually to show, that from the very beginning of this peregorodochnoj histories there was a sensation as if it is developed not in the city of Baranove on crisis XX and the XXI-st centuries, and in the middle of XIX century in unforgettable gluhomannom Glupove.

Well, and from management of architecture of the mayoralty to which so firemen shamelessly referred, though and with delay, on 20th of January, but almost that the business answer signed by chief O.P.Skorohodovoj also has arrived  :

… Under the demand of the owner sq. 92 management considered a question of registration of re-planning but because it is made autocratically with infringement of effective standards and can infringe upon interests of citizens living on this floor, to the applicant is given up in its registration, submitted by the statement it is withdrawn.

For the decision of a question of a pulling down of the established partitions you can address in UMPZHH, serving an apartment house, or in court.

Why the answer almost that the business? Yes because in the answer for some reason did not contain references to perfect articles 289 and 290 Civil codes (here still then to us about them to learn!) and instead of the message on when illegal partitions will be taken down, free council only flaunted to start to spoil to itself nerves and to have legal proceedings. Well really at our authorities so not enough this power that nasty contrary to all rules and laws the established partitions to clean without any red tape? In any way I did not understand it and till now I do not understand!

However, we will not run into pathetics.

So, time went, partitions is firm stood, and strict the regional heads «the instruction about the offer of a pulling down of a partition nichutochki has not puzzled till 15.12.98" owners of 92nd apartment. There is nothing, I have girt, took, figuratively speaking, the staff and has gone to hands at first in МПЖХ-3 where to me have informed, that-de on 26th of December grazhdanochke Uljanovoj one more has been given out «the instruction about a partition pulling down», however it on it, this instruction, leaves, has sneezed from our sixth floor. On it as I have understood, the local municipal heads have settled the power and the forces. It was necessary to go again in rajadministratsiju, to  E.A.Nemchurovu. Edward Alekseevich has called again on a synthetic carpet of the office of Mr. Volodkina, stamped, besides — figuratively speaking, on it feet and has categorically demanded to accelerate the decision of a question on a pulling down of an illegal partition … By itself, at me the impression has started to develop, that business has started to turn on a circle and without any spiral progress — in one plane.

Has passed even three weeks without the slightest results and consequences from angry topanja overbearing shtiblet on a synthetic carpet — the partition flaunted on a former place. Then on February, 3rd 1999 I have decided to have a look once again in eyes Volodkinu. To make it it has appeared not so simply: no, on reception to the chief of department zhilkomhoza rajadministratsii I have made the way, but its sight remained all same drowsily-fish and impenetrable. However, he at me has called in МПЖХ-3 and has categorically enough demanded to draw up the statement at last about presence of an ill-starred partition …

Soon we have received a paper signed by Mr. Nemchurova with the short message, that the regional administration submits on Mrs. Ulyanov to court. Naturally, we have there and then heard a ring of fanfares and litavrov — if business has reached court!. The ending of my first material-story "Capture" about peregorodochnoj to the suit, appeared in the city newspaper in March, 1999, has been penetrated by naive optimism, despite some bitterness:

Let's bring preliminary unfavourable results. Let Mrs. Ulyanov have not learnt in the childhood, that another's to take it is impossible, and the general is not personal. Dishonesty of Mrs. Uljanovoj — its personal trouble. But here it was required more than 15 cheloveko-campaigns of the occupied people on the instances, four months of time, the heap of a scarce paper is translated, has cleared up, that our authorities do not possess the power. Or to possess do not want. But bureaucratic methods "brezhnih" times blossom terry colour. We will present for a minute, that for example, the inspector of motor licensing and inspection department instead of fining the malicious infringer at the wheel, will start to complain of it in court … (I and to assume then could not, that so soon and will be! — NN) we Will present, what any boor from «new Russian» will put garage directly on sidewalk near to an entrance that it was more convenient to it to go on affairs in the morning — really the authorities city will start to have legal proceedings with it?.

In the country at us it is created full, excuse, a brothel. Unscrupulous new owners of a life, feeling anarchy, create bespredel. And it will not stop until the overloaded courts will be dug in "peregorodochnyh" affairs, and the authorities prederzhashchie instead of job will be dragged on courts and to receive decent salaries …

In a following material from this «a municipal serial» under the name «Захват-2» I hope to state litigation details — Lenin administration against Mrs. Uljanovoj. And this series I will finish nevertheless on the optimistical note: first, it is good, that as the claimant the regional administration — to us nevertheless acts, the mere mortal, tjazhelovato to compete even in court with new owners of a life. Secondly, we, mere mortals, will try to bring up on court a question on compensation to us of mental cruelty. After all even Mrs. Ulyanov as biznesmensha should understand and feel, that — including for multimonthly motanie nerves neighbours — should pay for all …

And it is read between lines: now a justice celebration not far off … Ek after all the childhood what! And here, zaskakivaja forward, it is a high time to give the next GOOD ADVICE: on the neighbours who have struck your rights, the claim in court submit only — any administration, any official shalupon it is not capable to defend your trampled, struck rights it is better, ubezhdyonnee and is more persevering than you.

(P. 2)>>>

 

 

 

 

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© Rosedkin Sergey Nikolaevich, 2001

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