- Sergey Rosedkin -
		p r about z and
	Main | News | Cut-away | fotobio | Prose | About Dostoevsky | J. Roberts | Humour | Non-fikshn | Criticism | Virgin Pussy
THE CLAIM P. 2	2. A judicial christening By the way, about neighbours. If right at the beginning peregorodochno-koridornogo the conflict all tenants to uniform from five apartments (the person fifteen!) have amicably come to Ulyanovs-Syskunovym and chorus, but unanimously have firmly demanded at least a metal partition to clean — I think, even at these "novorashej" the thick-skinned would get. However real forces of "resistance movement» and at the very beginning of war with aggressors-invaders of the general corridor have appeared on a miscellaneous objective and not so to the reasons are rather liquid, and then and have at all started to thaw and thin. The apartment 165 almost has disappeared at once: former owners just soon have sold it, new to be installed did not hurry, handed over in employment — illegal tenants-employers, naturally, in what did not interfere. Skoptsovy, spouses-pensioners from the most extreme to an exit of 167th apartment, first actively were indignant with capture and signed all papers, but have soon realised-have understood, what their hut absolutely with the edge, yes besides all remained four koridornyh windows and batteries akkurat are located opposite to a door of their apartment, whether so it is necessary to burn down because of another's grieves nerves … Who will throw in them a stone? The owner of 166th one-room apartment, Victor Djachkov (on a twist of fate — the namesake gallant brandmajora), was unconditional, furious and primary against all and all partitions, and in general against all Ulyanovs-Syskunovyh and other newly appeared novorusskih burzhuinov: with class hatred he even to speak easy not could — it shook. But, unfortunately, it instead of the right foot had physical inability of 2nd group and on courts to be dragged, naturally, could not. Tenants of 94th apartment, family Rjurikovyh from 4 persons the same as also we, have as the fates decree appeared in position of the nearest neighbours of shopkeepers-aggressors, in a role most utesnyonnyh so mother of family, Valentina Ivanovna, became, especially at the beginning, my most effective assistant. The basic burdens of the leader of struggle for «koridornyj», alas, to me should be incurred the sovereignty. As though I had nothing to do more! It is time to pass, however, at last, and to the court. It has been appointed to March, 9th, 1999. Me and Valentina Rjurikovu have invited, honour on honour, summonses as interested persons. I slept at night before this court first in the life badly. To a building of the former city town committee of Communist Party in which at demvlastjah have settled down two regional court (on a facade the slogan «Glory of the CPSU!» Have replaced on — «Glory to work!»), I have arrived nearly for half an hour. Skilled acquaintances warned, that the respondent even will not think to be, as understands proigryshnost affairs, it is important to it to pull time and pomotat nerves to neighbours, and the penalty for absence on court in 100 roubles (an equivalent of litre of vodka!) For them, «new Russian», it is ridiculous as a joke. And, really, court session has broken: by 10-00 were going to: representative МПЖХ-3 (familiar to us engineer Loskutova), a certain young man from department of housing and communal services of the mayoralty (that I in any way did not expect), interested persons (easier speaking — we, utesnennye neighbours) and … Mrs. Ulyanov! The claimant, that is — the representative of administration of Lenin area was not, strangely enough. The judge L.  V.Chabretsova has tried to find for it by phone — unsuccessfully. By the way, this judge Chabretsova will play our documentary-truthful judicial history one of leading roles so I will underline: it from the first sight not so was pleasant to me — severe not on years, the unsmiling, dry woman. However, among judges for all time of suit I at all did not see smiling people! It at them, possibly, professional. Liking at me to judge Chabretsovoj has not increased especially after on my shy request at the very beginning of the first session (when have only just started to find out who was on court and who is not present) whether supposedly it is impossible to switch on a dictophone, it categorically cut off: no! A horse-radish to myself, I have thought, here to you and the keeper of laws! I then the Civil remedial code (GPK) in eyes not vidyval, but from newspapers fine knew, that there is in him article in this occasion. I have then found it — article 10 «Publicity of proceeding», a part 7th which says: 7. The persons participating in business, and the citizens who are present at open judicial session, have the right in writing, and also by means of audio record means to fix a proceeding course … Naturally, I did not begin to achieve explanatories from L.  V.Chabretsovoj why it not in frets with the law — whether it was necessary to spoil from the very beginning relations with the severe judge? Besides, as I have had time to notice, in court office, in a reception of an office of the judge of computers and in pomine was not, there was a crash even not electric, and antediluvian typewriters of type "Bashkiria". Really, I almost have seriously decided-has thought, that L.  V.Cherbaeva, maybe, at all does not know, that such a dictophone and has confused it with any megaphone … More shortly, court session have postponed that time till March, 12th. I do not know, whether Mr. Nemchurov has been fined for this terrible sum of hundred roubles, but on following session its representative was as a bayonet. At 12-00 the court secretary has invited all of us in an office, we have passed, settle grandly along walls. Here at once it is necessary to tell, that the person got involved or involved in judicial suit, automatically becomes to a certain extent the actor and is obliged to play the role taken away to it with observance of all conventions of judicial-theatrical action: to speak only standing and only from the permission or on request of the chairman (so the judge during session is called), remarks into another's performances to insert it is impossible, to the judge it is necessary to address «your honour» or «Dear court», etc . For the person even not especially nervous, not too scandalous and quite brought up, but in judicial lawsuits dark — a problem, it is probable, first, as the political classic, arhislozhnaja used to say. However, and any person in the given situation hardly feels comfortably. So, each of us on request of the judge has risen and has reported on itself all cherished secrets: when and where was born, what the marital status and education where you work and is registered. Then once again it was necessary to jump to assure court, that no taps to the chairman, the secretary you have. After that the judge has reported an essence of the matter and so-called judicial debate has begun. The representative of the claimant — the legal adviser of regional administration at first has acted. That it has told to court — the reader already knows, so will repeat I will not be. And here speech of the respondent has appeared is full of unexpectedness and surprises. As the dictophone was under an interdiction, I will refrain from literal citing, but the point of view and "argument" of Mrs. Uljanovoj I undertake to pass authentically. (However, I do not wish to call further the given person "madam" — well what it, to hell, the madam? Titlo "citizen" too does not approach — state laws in which lives, does not execute. Let it will be simple "Uljanovoj".) So than has proved-has explained the aggressive actions sovladelitsa Open Company "Taiga" and the proprietress of 92nd apartment of Ulyanov? The amazed neighbours in the presence of dear court have learnt-have heard about themselves such, that though all sacred take out! We, neighbours, it appears, in the general corridor floors did not wash, windows koloshmatili, bulbs unscrewed-stole, dust stored and even, sorry, celebrated the big and small need … In a word, not a corridor of the city house, and directly any wood thrown, here to that Ulyanov, as they say, under laws of a taiga and has decided to rescue from wild neighbours as it is possible бóльшую a corridor part, to fence off it and in passing to adapt under a warehouse for "Taiga" and separate svetelku for a dog … When the judge has asked me to speak, I have set Uljanovoj one reasonable question on which before could not receive the answer in any way: why she considers almost half of general corridor on six apartments as the individual property? Homebrew biznesvumen could not understand an essence of this simple question in any way: say, and whose else? This part of a corridor is from them, Ulyanovs-Syskunovyh, edge and ochenno, well is direct extremely it is necessary … Judge Chabretsova, having listened attentively all parties, has asked to leave us in a corridor, in ten minutes has invited back and declared-has taken out a verdict: illegal partitions to clean, a corridor to result in a former condition, from the respondent to collect the state duty at a rate of 8 rbl. 35 copeck; and if she wishes, can appeal against against the decision of regional court within 10 days in regional court. We, neighbours, have deeply sighed two times: once with simplification, that, despite the first impression, L.  V.Chabretsova the judge has appeared fair, and our tortures multimonthly have ended; and second time with affliction, that L.  V.Chabretsova for some reason has not allowed justice to triumph up to the end and has rejected our request at once to consider the problem and on compensation of moral harm. But nevertheless, inspired, we with Valentina Rjurikovoj have hastened in our darling house «on kurih legs», in our ill-starred corridor to observe personally as the grown hateful partitions … will communicate-disappear As the acute reader has already guessed, this joyful event we have not waited neither this day, nor on following, but behind a partition serious repair has begun. Neighbours-optimists have decided-have thought, that the repented owners of 92nd results the grasped part of a corridor in «a former condition» before partition removal, and neighbours-pessimists, looking from windows of the apartment sideways through koridornye windows (architecture of the house it allows), confirmed, on the contrary, that-de repair too capitally-smart — up to a label tsvetastyh wall-paper: so update premises only for itself and for ever … And to neighbours meanwhile pining in uncertainty the message that in regional court will obey business under cassation complaint Uljanovoj comes. We, neighbours, and have gasped: well still could think up, what arguments to invent in protection of the aggressive aggression «taiga biznesvumen»? Not otherwise, she has thought up-has solved in the grasped and repaired part of a corridor to arrange a dining room for deprived or a shelter for refugees from Kosovo (whereas time war in Yugoslavia blazed)? But when we have familiarised with its arguments on a copy of the cassation complaint, at us, figuratively speaking, hair have on end risen: about a partition words, and all business, appears, that on it in regional court not those people have submitted the claim. The respondent, from the help, probably, the lawyer, with references to articles of the Civil remedial code of the Russian Federation assured, that-de giving on it of the claim from regional administration «is principle infringement dispozitivnosti …» It it is necessary what "vuchyonnost"! But, it is necessary to admit, hair on end at us rose nevertheless in vain: Ulyanov, it appears, struggled for our rights, but personally I then about it had no concept. "Dispozitivnost" — the legal term: the right of participants of litigation to operate at own discretion. It appears (it I now only has understood!), the regional court, having accepted the claim of regional administration to Uljanovoj, should according to article 33 GPK (1964 which operated then; in new GPK 2002 is item 38, ch. 2) to give me as to the representative of the restrained neighbours the status of the claimant. Then, I will repeat, maybe, the further red tape it was possible to reduce considerably. Well, and then, in April of 1999, Ulyanov on judicial session in oblsud was not also the lawyers-prompters has not sent, having solved, possibly, this time obviously to show, that the destiny of its cassation, as they say, not kolyshet — if only business tjanulos-was tightened. The regional court has upheld the decision of regional court. The final part of my article «Захват-2» in the city newspaper already was not so impetuously optimistical, as an ending of the first: This material is written after a week after a definitive verdict. The partition costs still and is firm. Speak, further the claimant (area administration) should push judicial executors, those should use the power … Well, five months waited, still we will wait. For now, as well as intended, we will bring an action the separate claim against compensation to us from mental cruelty party Uljanovoj — we agree to receive indemnification simply contemptible money, its apologies are not necessary to us. As you can see, dear readers, in any way to us in this red-tape business not to do without next "series" of our municipal serial. I hope, that «Захват-3» it will be laconic: I only will inform date and the most important details of a pulling down of an ill-starred partition (fie, fie, if it, at last, will be taken down!), and also I will notify, how affairs with the claim about mental cruelty compensation will be was-move ahead. So — see you. At night after an exit of the newspaper with «Захватом-2» already traditional call (the first has sounded after the "Capture" publication) was distributed in our apartment: the pimply voice has again taken an interest — whether nevertheless has bothered me, to a goat to live?. It would be possible and not to pay attention to these vile night calls, but here it is a high time to clear one essential and juicy detail. The matter is that, as well as everywhere on cities and vesjam in present Russia-mother, in our mossy Baranove government officials and employees divided-divided the power with bandjukami, and frequently the power official and mafia sovmeshchalas-merged in one person, will be more exact, of course, to tell — one mug. One of the most powerful similar JAnusov was certain Dzhejranov — the colonel of militia and simultaneously about what fine knew all city, natural pahan. It baranovskogo dona Karleone had a greenhorn who has blazed with passion to unique dshcheri ours Uljanovoj (from first marriage) and akkurat married it soon after the first "peregorodochnogo" vessels. And so, called and threatened me at night, no doubt, newly appeared zjatyok Ulyanovs-Syskunovyh, and, with the account of its status-position mafia daddy-cop, threats of a puppy could be not quite harmless: after all these present owners of a life each other wet as mad dogs in broad daylight and publicly from "kalashej", and us, orphaned and poor, to kill are ready-can for slanting sight, for nasty scratch on their smelly foreign cars, for reasonable requirement to return uvorovannyj the general corridor … Did not suffice only for the corridor to pay a life or, at least, the beaten off kidneys! 3. A judicial appendix The demon, meanwhile, did not doze. It was visible a little to me of judicial grieves as the interested person, I have dared at sheer adventure. Once has told to the wife — as though for fun: — Instead of whether to try to earn additionally to us on judicial claims? Look, both the telebox, and radio, and newspapers to it directly push and favour … Indeed, there you will hear, there you will read: the passenger has submitted the claim on the airline which has detained flight, and has forced it to fork up; the buyer has addressed in court with the request to heat up on a round sum of the careless shopkeeper, vsuchivshego to it the poor-quality goods, and has achieved the; the worker posudilsja with the chief who has illegally dismissed it, also has seized for moral harm many money … Certainly, similar messages went in foreign or, less often, capital news. But after all the law is uniform for all country: why and in ours palestinah not to try? Article of 12th Civil code of the Russian Federation says, that protection of the civil rights at us is carried out by, in particular, and indemnifications of moral harm. Article 44th adds, that the civil claimant can sue and for property indemnification of moral harm. And article 151st «Indemnification of moral harm» explains: If moral harm (physical or moral sufferings) by the actions breaking its personal non-property rights or encroaching for other non-material blessings belonging to the citizen, and also in other cases provided by the law is done to the citizen, the court can assign a duty of monetary indemnification of the specified harm to the infringer. At definition of the sizes of indemnification of moral harm the court takes into consideration degree of fault of the infringer and other worthy circumstances. The court should consider also degree of the physical and moral sufferings connected with specific features of the person to which harm is done. Clearly, that many "physical" and especially "moral" sufferings to each of us because of other people to undergo it is necessary continually, almost continually, but, of course, the occasion to the claim was required more or less not the private soldier, not too ordinary. And here, as specially, a case podgadal. In Moscow there was my next book (which I already mentioned) in circulation of 10 thousand copies. As from sad experience I already knew, that in darling Rams one hundred-two will get from force only, I have decided to take the fee not money, and — a circulation part: there was exactly one thousand copies. And when them delivered in Rams, I have concluded, besides "Knigotorga", the contract and with "Rospechat" on realisation of my collection "Kriminal-show" through news-stands. Has put our partner have gone first fine, my book in booths has not lain too long, however soon it was necessary to me instead of the next story or the new story to compose the statement of claim in court. However, that my debut claim for style, lexicon and, especially, on the forces spent for it and time is quite equivalent to a short story or a poem in prose. On a litigious twist of fate and the law of musters-aukanja, with "Rospechat" I have concluded the contract on November, 18th, 1998, that is akkurat on the eve of installation in our corridor of a metal partition and the beginning «koridornogo process», and the claim in court on "Rospechat" has submitted on March, 12th, 1999 — just to day of the first judicial session on a partition. Here this my first composition on a judicial-claim theme from a word to a word: In Lenin regional court of Baranova Claimant Rosedkin Sergey Nikolaevich (Address) The respondent of Open Company "Rospechat" in the person The general director Marinin Sergey Alekseevicha (Address) The statement of claim About collecting peni and mental cruelty compensation  On November, 18th, 1998 I, Rosedkin N. N  , have concluded from Open Company "Rospechat" in the name of general director Marinin N . A the contract for № 53 for a period of 2 (two) months about realisation of my book "Kriminal-show" in number of 100 (hundred) copies with payment to me on 12 (twelve) roubles for each sold copy — only 1200 (one thousand two hundred) roubles.  On January, 20th, 1999 I, having preliminary convinced, that in "Rospechat" booths on sale was not present my book more, have asked to pay in office to me money under the contract for the sold lot of my books and to take on realisation hundred more copies. Waybills on new party of books have already been filled and corresponding record is brought in the contract as it was found out, that money will pay for already sold lot of books to me only in a day or two. I have disagreed with it and have decided to receive at first the sum due to me (1200 rivers) and only after that to talk about contract prolongation. Since then I within one and a half months went 26 (twenty six) time in office "Rospechat", but my money to me to pay refused: say, sales manager Kovalyova V.V. can solve this question only . Last that was during a dinner (and — at various times) and it is not known when will be, on business trip, is very occupied, it it it it is sick (we will present for a minute, that at us in the country, pleading illness the President, absolutely will cease to pay salaries!) … three times I tried to solve a question with general director Marinin N . A who signed the contract, but it refused flatly even to discuss a question, referring that supposedly is the competence of the sales manager. I did not test similar moral humiliation, mockery, possibly, still never in a life. This polutoramesjachnaja hassle has absolutely unsettled me: I the person creative (the writer, the journalist, the competitor-author of dissertation of university) and these one and a half month absolutely was unable is high-grade to work. Besides, this tightened humiliating situation has affected not only my nervous system, but also has aggravated all my chronic diseases — gastroenteric and warm. And the most amazing: workers of "Rospechat" at all did not consider and do not consider itself guilty, and their main argument on fair claims — not you one to us behind money go, to all of us of not less than ten times go … And here I not only on its own behalf, but also as though on behalf of those all"who has and will have contractual relations from Open Company" Rospechat ", I ask dear court to force this Open Company to pay money and for rough infringement of conditions of the commercial contract, and for humiliation of my human advantage, and for causing of the big mental cruelty. Until workers even joint-stock companies in our country will use with impunity in job methods of bureaucrats-officials, until then will be in Russia and ruin, and crisis, and bespredel. In contract point 2 it is specified, that if my books within two months have not been sold, and I not would take away at once the rests I would be compelled «for every days … to pay for storage of 2 % from cost» the remained copies. Undoubtedly, given position both de facto, and de jure extends and on contract point 6 : «the Rospechat lists sums of money in process of production realisation». In this connection also all above-stated I ask to collect from Open Company "Rospechat" in my advantage: 1) penju, which "Rospechat" has refused to pay voluntary, at a rate of 2 % from the sum of the contract per every day of payment delay at least for 40 days — 24 h 40 = 960 (nine hundred sixty roubles); 2) mental cruelty compensation at least in the 10-fold size from the contract sum — 1200 h 10 = 12000 (twelve thousand roubles). In total 12960 (twelve thousand nine hundred sixty roubles). The application: Contract copy. Waybill copy. The inquiry on reception of money under the contract. Two marked envelopes. (Date) (Signature) It would be necessary, of course, less emotions, pathos and instead of amateurish "mental cruelty" to use the term «moral harm», but not in it an essence. Any novorash, same Ulyanovs-Syskunovy, meanly to grin, uvidav calculations-arguments — whether costs supposedly so krohoboritsja. But I fairly admit: if the court has justified my expectations-hopes at least half and has forced bureaucrats to fork up from "Rospechat" of thousand on 5-6 — I would quite be satisfied and was happy (My God, whether it is necessary to the poor Russian writer much!). Meanwhile, because of my legal then lopouhosti the law machine has first earned idling. The matter is that the claim a tax it is possible in two ways: 1) to come directly in court building, to defend turn to the judge on duty and personally to hand over the claim; 2) to send a paper by mail the certified mail with the notice. Certainly, I have chosen the second as it seemed to me, economical on expenses of time a way. And — has paid. In two weeks I have received the paper back with an addition: The Lenin regional court of Baranova returns the statement of claim about collecting peni and compensation of moral harm. I explain, that with the similar claim you should address on the location of the respondent, i.e. In October regional court, and the statement moves in duplicate and 56 rbl. 34 copeck should be paid the state duty in the sum   The judge of Lenin regional court  I.N.Melnikova. Clearly, that the new GOOD ADVICE from here follows: the claim is better for submitting to court personally — the judge will specify at once in lacks-miscalculations (if they are) your statement, in addition always it is possible, preliminary having collected data, to wait watches of the judge, polzujushchego worthy reputation that raises probability of the fair decision. By the way, in judicial corridors it is very easy to learn-hear characteristics of all local judges, but the most faultless way to define the judge fair (and those though and it is rare, but meet!) — by the form turns: in day of watch of the worthy judge in court literally crowd, as if in "brezhnie" times behind deficiency is going to. Here again, of course, there is a back of a medal: time of reception of statements-claims is limited and it is possible to defend turn in vain. And, to be understood, following the results of my first judicial-claim "pancake" which left a clod, it is possible to formulate one more GOOD ADVICE based on a strict judicial rule: the statement of claim, and also all applied documents should be submitted not less than to two and more (on number of participants of process) copies. Yes do not forget, as it was already mentioned, to put the same quantity of envelopes, differently risk about "own" session of court to learn a post factum. And in general, if you were got involved in suit, having decided to kill-spend on it a part of the precious life, a considerable shred of nerves and health on a paper, tapes for pishmashinki or cartridges for the printer, envelopes and stamps to save not a trace. However, with envelopes not all so is simple, but about it is hardly further. So, everything as judge Melnikova has advised unknown to me, I have made, papers have doubled, the state duty have paid, two fresh envelopes have pinned (clearly, that in one of former to me have returned back my papers, but for some reason without the second envelope) and have forwarded the claim on April, 1st, 1999 to October regional court. And, of course, on a habit of the beginnings patiently to wait for reaction-answer. But, I am sorry, the horse-radish has waited (behind an exception me of the paid notice, that my package is received on April, 2nd). At last, not having born and having chosen a pause in "peregorodochno-koridornom" process, on May, 18th I have personally gone to October court, which, unlike darling Lenin … (I ask besides from far descendants-readers if they are at this sad story of "time years», pardon for such wild names-imenovanija: In dostoslavnom the city of Baranove, as well as everywhere in Post-Soviet Russia, there was an area Lenin, area October and, certainly, area Soviet so all rajuchrezhdenija were called accordingly.) and so, the October court, unlike Lenin, is in Baranove at the world's end, and even further. More shortly, by the bus — stops fifteen. I have reached, have reached and have found out preljubopytnejshuju a thingummy: day of court already, appears, for a long time is appointed — on June, 2nd, but to inform me on it there was no possibility because of (for what will not guess!) Absence of an envelope. I, shamefully showing meanness, have tried to find out destiny of my darling two envelopes and have understood from explanatories of the writing girl, that in court there is as though a communistic system: all envelopes arriving with claims develop, so to say, in the general copper and are used as required but as need advances quantity of arriving envelopes happen here such bezkonvertnye the periods-breaks. The Girl-secretary has calmed me, that-de all the same on I would wash a share any envelope was later and has there and then written out and has handed over me the summons personally in hands, having saved thus to the office the postage. Naturally, there is a question: and why it is impossible at least the claimants terribly interested in proceeding and hardly wishing to evade from it, not to invite behind the summons by phone? Would disappear, by the way, and the problem with assurances of receipt on which at rasejskih courts and at all expenses it is not provided … But — is not present: by laws and judicial rules-regulations it is not provided! As well as it was supposed, on court session on 2nd of June the respondent was not. The judge was this time true the judge — on surname CHugunov and by sight very strict. "True", means — muzheska a floor, the muzhik. For some reason among judges at us the lion's share is made by representatives of the weaker sex so the person with philological education or without education at all and would like, at times, instead of a word "judge" involuntarily to use incorrect "sudiha". And in general, if vdumatsja-get a grasp of is severe-majestic etymology of a word "judge" (court — I!) at once it becomes clear, that this trade-post initially — especially man's. (Maria Arbatovoj's greetings and to the other rested feminists!) I hoped, that severe judge Chugunov will immediately involve all levers of the judicial-remedial power to call the careless respondent to order, however terrible judge Chugunov instead has started to ask me to play a role of the courier and personally to carry-deliver the summons to the director of "Rospechat". I from such surprising offer am polite, but have firmly evaded: after 26 humiliating campaigns in the gazetno-trading office, formed the basis for the claim, you see, it would be strange peretsja there in 27th time and to beg Mr. Marinin to be in court. Session have transferred for a week and when we (dear court and the persistent claimant) 10th again and again have in vain waited the whole hour for the representative of "Rospechat", judge Chugunov has addressed to me well with absolutely unexpected offer: instead of whether I can to run nevertheless and personally to hand over the summons to Mr. Marinin? I only also was what silently make a helpless gesture. Then judge Chugunov undertook phone, has phoned to "Rospechat" and has ordered (more correctly, of course, has asked) to be the respondent next day by 9-00 in court. I will not intrigue and weary the reader: next day to 9 mornings any respondent in any court to be and has not thought. But, when poor judge Chugunov has phoned to "Rospechat", to it on that end of a wire have promised to be arrived-appear by 14-00. Alas! And it has appeared no more than a humiliating joke. Then judge Chugunov has dared nevertheless, has risked, having recollected the maintenance of article of 157th then GPK, and has opened court session. By the way, in the new Civil remedial code to it to extremely important point in judiciary practice it is devoted already entirely separate 22nd head from 12 articles which and is called — «Correspondence manufacture». Article 233 opening it «for correspondence manufacture» absolutely accurately regulates the Bases: 1. In case of absence in judicial session of the respondent informed on time and a place of judicial session, not informed on good reasons of absence and not asking about a legal investigation in its absence, business can be considered as correspondence manufacture. About a legal investigation in such order the court takes out definition. … 3. In case the claimant who was in judicial session does not agree a legal investigation as correspondence manufacture for lack of the respondent, the court postpones a legal investigation and directs to the respondent the notice on time and a place of new judicial session … So I will dare in this connection to give, first of all, of course, to the claimants, a corresponding GOOD ADVICE: if the smart respondent persistently is not in court — at least, already at the second session broken for this reason remind the spineless or forgetful judge of existence of the chapter by 22nd GPK in general and articles of 233rd in particular and persistently underline, that-de you agree on «a legal investigation as correspondence manufacture» and «in absence of the respondent». We come back, however, to our judge Chugunovu. The heat that day has happened degrees under 40 (certainly — on Celsius; by Farenheit there in general read off scale). Perhaps it has served as the reason, can, that another which only have opened session of court was there and then safe and was closed: the dear court has become interested in the important question — and whether precisely it I have written the given book? In other words: whether there is at me a document confirming, what I am a professional writer? I with myself to grasp certificates of a member of the Union of writers of Russia have not guessed. I could, certainly, to start to prove, that the book the contract on its sale any amateur author is capable to write and conclude today, everyone homebrew grafoman, I could remind judge Chugunovu a known scene from «Masters and Margaritas» when Korovev floutingly questioned the door-keeper at restaurant of the House of writers: Pier, what, even without literary ksivy in this restaurant would not pass Feodor Mihajlovicha Dostoevsky?. Yes I did not begin to remind and prove anything. A heat, I repeat, and suddenly judge Chugunov Michael Afanasevicha Bulgakov not chitamshi?. When on 15th of June at the opened new session of court Chugunov has received from my hands the literary certificate, it studied it nearly a quarter of hour, then has heavy sighed (the God knows — why) and has gone to a consultative room to compose a verdict. This sudejsko-criminal product, as well as is accepted, with a zanudno-sample beginning and the languid culmination absolutely unexpectedly razreshilos-has ended with the improbable ending: in the claim on penju to GIVE up; the claim on compensation of moral harm to SATISFY and oblige the respondent to pay to the claimant (for what will not believe!) — 200 roubles … Zachityvaja this "sentence" (it is natural, it — navytjazhku; I — too on a rack am quiet"), judge Chugunov screwed up the face and bent: and process to it was obvious not to liking, has exhausted to chyortikov, and the sentence did not please: any« moral harm », gratuitous money to the person … And I, in turn, did not know — whether to laugh, whether to cry. The matter is that I in good time, having rejected superstitions, have estimated is mercantile possible net profit from this suit and, accordingly, have already considered to rouble all expenses-deductions – the state duty, transport expenses, envelopes, x-copies and so forth It has turned out in the sum akkurat … 205 rbl. Thus, even without the calculator at once it was possible to estimate these "incomes" — a minus five one rubles. Well posudilsja! Appeal my complaint in regional court, admits, looked-was read zanudno. In it, having stated an essence of the matter, I as it seems to me, very much even am fair, that's it, — appealed: … the Court has been transferred for June, 15th. Thus, I have been compelled, as if a guilty party, 5 times (and all – 7!) to go through all city in court though, it agree GPK (item 157), similar tretirovanie the claimant and a business tightening it is completely not obligatory. And, the main essence of my claim claims to "Rospechat" consisted that in this office humiliated me and slighted almost two months, having forced 26 times to come to receive my own money and more 3 times, to receive the inquiry on reception of this money. There is, that a respondent, in a pointed manner not being on court and with the connivance of court, has simply continued the mockery over me. Now about the court decision. I have concluded from Open Company "Rospechat" the contract on sale of my books for a period of two months. I delivered books (goods), did not take an advance payment, have conceded unconditionally from sale of 20 % in summary when books have been sold precisely in time, instead of payment to me long time tormented and humiliated me. In our contract with "Rospechat" there is a point on collecting 2 %-s' peni from one of the parties in case of default of treaty provisions. I asked court to extend conditions of this point to point 6 where it is told, that "Rospechat" is obliged to me to pay money in process of sale of goods, and to collect from the respondent in my advantage of 960 roubles peni. Absolutely not clearly, why the court has rejected this my lawful and reasonable request. As to moral harm I, understanding that we live not in capital and at us, in provinces, other criteria, has asked to collect from Open Company "Rospechat" rather modest sum – all in the tenfold size from the contract sum: 12000 roubles. The court, recognising my right to compensation of moral harm, has passed the decision on collecting from the respondent in my advantage of the sum of 200 roubles (8 dollars!). If to consider, that I have spent for the state duty, the postage, a x-copying of documents and a trip to a municipal transportation in "Rospechat", and then and in court of exactly 205 roubles, – the awarded sum not that that looks strange, and — is simply improbable. At me the impression was made, that the judge Chugunov V. P  not absolutely accurately understands, that such «moral harm» and as it is compensated. No material losses are comparable to moral harm, that is a damage caused to an internal, sincere condition of the person that is reflected in its nervous system, on its health. Compensation of moral harm includes also concept about an honour and dignity protection of the person, irrespective of, the writer it, the switchman or the housewife. For humiliation of the person, for conscious motanie to it of nerves the guilty party should be punished financially and, certainly, not ridiculous and besides the offensive sum for the victim. I do not know, whether the respondent for repeated absence on proceedings has been fined by court, but in any case it will have a belief, what is it he has won process and can continue further the hamsko-humiliating methods of job, and at me the impression was made, that the lost party there was I … I will not smear and repeat here — I will inform short: anybody in oblsud on hearing of my complaint has not invited me (though I and this time has put to the claim two envelopes), only on August, 18th, again personally having gone at the end of the earth, I have learnt, that the court has taken place still on July, 7th and has left chugunovskoe the "pig-iron" decision in force; then I had to go yet time behind any documents-signatures in October court (having finished expenses already roubles to 250!) and only on October, 14th I have received won unfortunate two hundreds which, I admit in the Savings Bank, there and then in next kafeshke and have safely shirked for half an hour, having washed with the friend the picturesque iskovo-litigious debut. So this chapter I will finish the next and sore GOOD ADVICE: never try to be enriched by means of judicial claims — to itself becomes more expensive. Especially, if live in a province, in any mossy Baranove where about concept even judges concept have «moral harm» rather indistinct. <<<(P. 1) (P. 3)>>>
çç ● èè
© Rosedkin Sergey Nikolaevich, 2001
E-mail: emp-reports@fustercluck.com