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THE CLAIM P. 4 |
5. Days of defeats and victoriesAs already acute reader has understood: character and forces on a personal pulling down of partitions at me has not sufficed — the gut is thin at yntyllihenta! All the autumn long and the beginning of winter of 2000 year I went on all to new and new instances. Has to begin with addressed to the deputy of the Baranovsky municipal duma and the lawyer by V.N.Djachkovu's trade (to the next namesake of the fireman!) . It has absolutely shamelessly explained to me, that there are two ways: it can try to understand business and to help as the deputy and is absolutely free, but thus the success is hardly guaranteed; the second way — if it will get down to business as the lawyer it is possible not to doubt success and it will cost under the rate within one thousand roubles. A pancake, such "double" almost as at Dostoevsky! Superfluous thousand roubles at us, poor neighbours Uljanovoj, by itself, were not available, and my hints about that, say, the story in the newspaper how it has helped with such tightened business — becomes it advertising, alas, the deputy-lawyer have not tempted: it is visible, as judges our provintsialno-homebrew do not understand, that such mental cruelty, and lawyers local absolutely understand nothing advertising business. Village! However Mr. Djachkov nevertheless has given at last absolutely free of charge efficient, in its opinion, council: to address to the deputy of the State Duma from T.I.Zaborovoj's our area . Well, council and me has seemed to the efficient: to whom how not the representative of the higher legislative power of the country to become interested and understand why it in ours the God forgotten Baranove legality gives such ridiculous failures — years do not execute the simple decision of court? And business first, like, has gone: in some days after a filing of application in office of the deputy assistant Zaborovoj has visited our notorious corridor, has personally examined partitions, has promised from her name to understand … Alas when already in the end of November from regional justice department the next formal reply has come, became clear, that in principles of job of communists (and Zaborova represented in their State Duma) has changed nothing: the statement without superfluous efforts has been lowered on instances … I have in a temper addressed for the help and the beginnings was to go to chairman Baranovsky of the regional remedial centre L.E.ShChukinoj, yes only time have lost: all has come to an end besides free council — to bring an action the new claim, but already against judicial police officers. Having convinced, that the exit is not present and really for struggle against judicial-executive pettifogging it is necessary to dive again into judicial system, I mail it have sent on December, 17th, 2000 the statement of claim to Lenin regional court on inactivity of judicial executors. It is possible to present mine, to put it mildly, bewilderment when a week later I have received the papers back with an addition-definition of the judge of L. V.Iljuhinoj (it is interesting what at it the official salary?), that-de the statement is necessary for submitting to October court. The absurd, of course, absolute but not to argue with the judge — has sent papers in other area. Therefrom, after time, the copy of the letter of the chairman of October regional court to the chairman Lenin has been received: a pier, the friend-colleague, what you there — opupeli? We send back to you the given statement of claim «for consideration in essence». Meanwhile, still almost month has departed to a cat under a tail … And only on March, 29th a century-millennium judicial session under presidency of judge T has taken place. M.Miloserdovoj. It was found out: one of respondents, Mandovsky, the person receiving the salary of the judicial executor whom the first almost year did not execute the court decision — has already left; the second, Kozlenko, continuing to receive the salary of the police officer till now — it is simple in court was not. Besides, a paper washing, it has suddenly appeared, it is made terribly incorrectly — heading not that: it is necessary, whether see, not "statement of claim" above to write, and — "complaint". Why it judge Ilyukhin (interestingly, what salary at it could not still?!) at once to prompt — God knows. It was necessary to copy hastily. In April, 3rd, the court all taki has taken place. Both parties including putannye explanations of judicial executor Kozlenko which, ostensibly, personally saw how one — metal — a partition took down, therefore he about the termination of executive manufacture and has made a paper have been listened. But answers simple enough questions of the judge "executor" could not: what sizes grasped Uljanovoj corridor parts, how much there all partitions, whether a corridor have been resulted in a former kind why the nearest neighbours (interested persons) have not been advised of the termination of judicial manufacture?. The decision of court and again was this time logical, simple and clear: to cancel the certificate about the termination of judicial manufacture, to execute the decision of court from March, 12th, 1999 completely and up to the end. However we, the neighbours learnt by bitter experience to rejoice did not hurry. And — as in water looked! Business first though and slowly, but like has moved from a dead point. The court order has been issued, the third (!), judicial police officer is appointed new, already, it has started to get acquainted with papers … Meanwhile heart sharpened, as are expressed in soap operas, bitter insult: well in honour of what we, the neighbours, two with superfluous year of the life have ruined in vain, all nerves have tormented for this time? Court, unfortunately, a question on punishment guilty of red tape even to consider did not become. But someone should for it answer? I was convinced of full impunity Uljanovoj quite so has decided to hand in the statement in regional justice department at least on police officer Kozlenko. Soon to me from this office have confidently informed-have answered, that supposedly will understand … Here again it is necessary, hardly running forward, to give the next advice in a theme. For years that this ridiculous history-suit, I lasted, having undermined the kind reputation, has got in any measure glory of the tale-bearer and sutjagi. Naturally — at officials of instances and ill-wishers who tried to hang this label on me. Citizen Ulyanov who impudently is not executing the decision of court, behaved, in their opinion, more adequately, than I, achieving its execution. And so, in this connection — the GOOD ADVICE: not reflecting, submit in case of need and at confidence of the correctness of the statement, write complaints, be not afraid to pass for tale-bearers. Labels of tale-bearers and sutjag are hung on us by those officials of all colours, specialisations and ranks who named bureaucrats earlier, and now, in the spirit of time and without any euphemisms it is quite possible to name — «official shaluponju». It official shalupon, preserving the idleness, the high salaries and collateral incomes, call tale-bearers of those people who try to force to work and not to take them of bribes … Spit on their opinion, that's all! Let's return, however, to ours baranovskim to rams. As it is surprising, but there has passed month, the second has passed also after the new decision of court on execution old, and Ulyanovs-Syskunovy still continued to use thriftily otgrablennym at neighbours a corridor. Whether «yes there will come sometime a victory?» — neighbours thought. As suddenly akkurat on June, 22nd, in day of the beginning of the Great Patriotic War, we receive the notice from oblsuda, that war and in our corridor is flashed-begins again: somehow, though all and all terms taken away under the law for the appeal have passed-passed (and how it is possible to it?!), Ulyanov has made the plaintive complaint, that-de her have not invited to session of Lenin regional court under the complaint to the police officer, yes besides supposedly it already has a permission from the mayoralty on uvorovannuju a part of the general corridor … Besides I will not tyre here readers with details, punktirno I will inform: oblsud, to undisguised surprise of judge Miloserdovoj, has returned business for new consideration already in the presence of Uljanovoj. But on August, 6th regional court session has not taken place again because of absence of police officer Kozlenko. Minutes forty we waited for it. I looked in a court corridor in a window at street and sadly thought: no, will not be at us in the order country! Also directed at these sad thoughts not only judicial red tape and impudence of everyones uljanovyh-syskunovyh, but also the pictures-episodes observed by me from a window. Between court and municipal duma buildings the big lawn and raznotsvetilis two perfect enormous beds turned green. Directly on a carpet still an is bright-emerald grass of a lawn slowly walked a mastiff healthy ambal, chewing indifferently a cud and spitting out constantly under feet the smelly saliva. On one of beds the granny is bright pottered about, collecting seeds, most likely, on sale and treading other flowers ruthlessly. Two pretty little girls of student's age were late on heels of minutes at the second bed and have efficiently dug-have made a magnificent gratuitous bouquet, aloud discussing, to hand over to its any Elena Lvovne before lecture or after — it is probable, their teacher had today birthday or anniversary … Melancholy! At following session, already in three months (on November, 5th), the court has decided to create the commission for check of circumstances of business with an exit into place. On November, 13th the commission led by the senior police officer of Lenin area and consisting of police officers of Lenin area has come to our ill-starred corridor to check up quality of job of the companion — the police officer of Lenin area Kozlenko. (It was involuntarily thought: and here if, for example, the court somewhere there, on caucasus, has charged to field commander Basayev to create the commission and to check up — whether on the business its subordinated field commander Raduev committed crimes?.) The commission was, certainly, without the prevention so from the nearest neighbours of the house by miracle there was only I — has literally dropped in casually for five minutes between urgent matters. Ulyanov was, of course, at home. The commission did not have a corridor plan, it at all the most philosophical question-problem for some reason did not interest: whether it is possible to consider destroyed-disassembled under the court decision a metal partition if this partition safely costs till now on the same place? The commission had no time for that is it sympathetically listened, as citizen Ulyanov publicly reproached and shamed me that has dissolved ja-de squabble in a corridor and I do not allow to it to live easy (and still supposedly the writer!), and even it agree to it assented … More shortly, as a result members of the commission have drawn up the statement, for which judge Miloserdova then during the next session of court has simply chided them, as careless schoolboys: in a paper it has been fixed, that, say, one assure, that the partition communicated, others assert, that the partition did not communicate, and at present the partition costs … the Madhouse! At this session, on December, 7th, I have set to representative-lawyer Uljanovoj (it on courts has ceased to be) in the presence of it blagovernogo Syskunova three concrete questions: 1) If in business is explanatory Syskunova what it has personally restored ostensibly removed partition already next day, on December, 4th, 1999, but there is also statement Uljanovoj in oblsud, what it had been ostensibly received on September, 27th, 2000 the permission of the mayoralty to a partition and only then she has established it — who from them so shamelessly says lies again? 2) If in business there is a paper from the mayoralty from January, 19th, 1999 what Uljanovoj is given up in registration of illegally erected partition without the consent of neighbours, and Ulyanov is assured, what on September, 27th, 2000 such permission from the mayoralty has received, that for incomplete two years was occurred-has happened — the mayoralty became another or laws have exchanged? 3) Why, well why nevertheless citizen Ulyanov considers, what half of general corridor on six apartments should belong only to one 92nd apartment?! On the first question the answer has given itself Syskunov: the partition was really at once is established personally by it again because decision of court decisions, and the saved up good on a kind you will not leave (for what then the spouse, gnevja the Criminal code, has deceived regional court, he to explain did not become — and without that is clear). Judge Miloserdova has tried to find out, whether understands Syskunov, what it could not be done? To Understand it understood, but the good is kindly! (No, only to imagine: it turns out, the person in a court hall, in the person speaks to the judge supposedly yes I spat on all and all your decisions!.) On the second question of a point over i the judge has put, besides, having explained Syskunovu, that in a strange paper from the mayoralty, is told, that it, the mayoralty, "does not mind", if the partition corresponds to all technical norms and «does not infringe upon interests of neighbours». And between words "permission" and "nevozrazhenie" — two big and even huge differences. (I will add from myself, what even such ambiguous paper with "nevozrazheniem" to give out was more than strange — it was possible to congratulate baranovskogo the mayor with such rabotnichkami!) Well, and the answer to the third question, it is absolute aukalsja with the first: it, Uljanovoj with Syskunovym, is what to preserve against dashing people, for this purpose and the additional living space with a partition-fence is necessary. On the fair remark of the judge, that, say, it is impossible to be baked about the interests for the bill of infringement of interests of neighbours, husband Uljanovoj and its representative only vaguely shrugged shoulders … Listening to this debate, I have vaguely started to suspect something wrong: painfully judge Miloserdova diligently and somehow for show told off respondents, expostulated them, even on them was angry … Alas, presentiments have not deceived — judge Miloserdova at verdict removal-announcement even has turned pink from easy atavistic confusion. And that the court decision not seemed absolutely unexpected and strange, has explained in the beginning, that is formal it is compelled to accept it for at business there is a paper about dismantle of a partition and that-de formally judicial executor Kozlenko has as though executed the debt, so the court decides «the complaint to its inactivity of the police officer to leave without satisfaction». And there and then sluzhitelnitsa a Themis in the presence of all participants of judicial session has told-has advised, not looking in my party: you, say, should submit the new claim, already again to Uljanovoj, on a pulling down as though a new partition and in success, has added Taisija Martynovna, it is possible not to doubt … Coming back from a court building home, I thought bitterly on road: so, remains three ways: 1) as advised the cheerful public prosecutor — nevertheless personally to take down a partition and then itself Ulyanov will go on courts as the claimant-pravdoljubtsa; 2) too to erect-build at the door platform-partition (time it is allowed to build them without the permission, probably, — all?) and then Ulyanovs-Syskunovy will be compelled to make pass-exit (as, by the way, it and is provided by the architectural project!) from the apartment in 2nd entrance; 3) to submit the new claim and to begin a new three-year campaign on all to nine circles of a sudejsko-bureaucratic hell … It was terrible and think! And forces already remains. And more I understood: not absolutely I the naive person also knew-had a presentiment I from the very beginning what not to punch to me this wall, that is, a partition a forehead what suditsja-compete with men of means, novorashami, all the same, what to spit in the sky. However all these three nervnomotatelnyh tjazhbyoy were sustained year by me also because persistently collected a material here for this documentary story about our judicial system. And a material it was typed very much, that was possible even to use something in works of art — for example, in written by me then the novel «I am am liked by Dzhulija Roberts» I very caustically used Ulyanovs-Syskunovyh as prototypes of very nasty characters … the Trifle, and — it is pleasant! By the way, I wish to be explained here if not in love, at least, in respect for Tamara Moiseevne Uljanovoj. No, the truth, I am quite serious: this fragile by sight the woman not only was engaged in business (such biznesvumen!) and fearlessly drove a jeep in size with the tank of average weight, it still had forces and persistence all these three years to prove a democracy celebration in our society for separately taken people — full, naipolnejshuju freedom from moral, legal and any other laws … About, lucky persons! Meanwhile, on December, 24th, 2001 during the Straight line on ORT and RTR from V.V. Putin I, having stated through the Internet to the President of Russia the essence of the given problem, that-de almost in ours forgotten Baranove is not executed three years by the God the simple decision of court on any nasty partition, has asked a question on a theme «Judicial reform»: «When, Vladimir Vladimirovich, will particularly begin at us in the country this reform, that is — struggle with volokitstvom, bureaucratism and bribery in judicial system?» It was promised, that any concrete question set during the Straight line, the President will not leave without the answer. And it is exact, after almost nine months, I have received a beautiful paper from the main federal inspector of the device of the plenipotentiary of the President on Baranovsky area. You will not believe, that this representative of the President has answered me: the partition, judging by papers, is taken down, so address, smart guy, again in court — «I wish you health and well-being!» As they say, have arrived, have come, have landed!. 6. Hand-to-hand fightTo the shame should admit: I — have surrendered. I — have lowered hands. I — have reconciled. Has spat, figuratively being expressed, and almost that the whole year at all did not pay attention both to them, and to their smelly partition to these mean Ulyanovs-Syskunovyh. Health is more expensive! An far from it. It is known: put to the boor a finger in a mouth, it all hand on the elbow otzhuyot-otkushaet. More shortly, owners of 92nd felt right and winners, noses have lifted up and have solved samoupravstvovat and samodurstvovat to a limit. The lantern which they have suspended over a partition instead of stolen-fenced off koridornyh windows, burnt all this time all day and night — differently even in the afternoon at the created deadlock there would be a full darkness. And here somehow time, already the late fall of 2002, I after usual, at midnight, came back home and, having stepped from platform in our corridor, has fallen asleep: darkness total — it is not visible zgi. It was necessary on stenochke, to the touch to reach the door and long nasharivat-search a key for a keyhole (the wife was away). Next two evenings I specially looked out in an eye and have found out-has fixed: poganets Syskunov, coming back after evening walk with the sukoj (I mean not the wife, and — buldozhihu) hours per ten, closed behind myself a door and there and then cut down light in the general corridor — the switch was at them behind a partition. I, by itself, have boiled: ah you a goat parhatyj! The house-keeper of horse-radishes! However, at what here the house-keeper if this lantern has been connected to the general electroline, and all of us six room owners paid watts wound by it. More shortly, in dur popyor Syskunov: a pier that I want I turn back! And again pokajus. To me as clever "yntyllihentnomu" to the person to be thrown off on the twenty with other neighbours or to be ruined on one hundred most, to invite the electrician that he has adjusted-has restored at least one of three cartridges in the rest of our ill-fated corridor (all of them have been uprooted huliganstvujushchej shpanoj or vagabonds) to twist there a bulb and to continue to ignore inhabitants of 92nd … Alas, the person is weak! It is small! It is vain! I have decided to appeal to the conscience somehow of Ulyanovs-Syskunovyh, it is polite to explain to them, that they are not right, badly itself conduct, not in a neighbour's way. But after all not to talk to them (from one only thoughts of all distorted!). Has thought up-has invented is quite logical-children's way out: took sheet of a dense paper, red ink has brightly written-has asked «Light in a corridor not to extinguish!» Also has hung out this poster on general syskunovskoe a review, and — on the wall, near to our door. Also what? In the evening light has been again extinguished-is cut down, and my poster from a wall has disappeared, one buttons remained. Ah you, I think, the cave man haughty! Good, obstinacy to me not to occupy. I have created the following poster on the computer and have deduced through the printer. It has turned out not such colourful, but there was now a possibility to print and hang out its duplicates in unlimited quantity. The next days I have spent a paper for such four appeals. And, that to hide, I have started the text to edit-alter, adding more and more sarcasm, to bile and poison. For example, on the third poster a phrase-order «Light not to extinguish!» It has been printed in English and German languages and below appeared more small: «For the competent!». And on the fourth appeal where again in Russian, the explanatory above flaunted: «To data for the most stupid!» … helped nothing: posters disappeared, light was cut down. And then I have gone va-bank: the next poster from a wrong side has fatly smeared with writing glue and prishpandoril it is direct on shining leatherette of their illegal door-partition, having closed up even an eye. Naturally, I assumed-expected, that this my demarche becomes, that is called, last drop in poster war and has prepared for defence. And — seriously. In an economy at me for a long time it was stored just in case gas ballonchik "Shock" which I have got in "Hunter" for calmness of soul and nerves when it was necessary to appear in evening and night streets of a city or to make the way on a bicycle through flights of stray dogs on a way on "fazendu". Having pasted a poster, I ballonchik this has attached in a hall on a shoe shelf — perhaps and it is useful. Hours per six evenings when we with the wife have only just sat down to have supper, at a door zatrezvonili. And — it is impudent, exacting, continuously. «Well here also has begun!» — with any even satisfaction I have thought and have gone to open. But, I admit, I nevertheless thought, that Syskunov will be limited to a verbally-abusive diarrhoeia, therefore about "Shock" have absolutely forgotten also a door at once have opened wide open. It was necessary to see an anger crimson dye on fleshy cheeks of the neighbour and brightness of the lightnings sparkling in its pork eyes! From it even heat polyhnulo. But I have not had time to marvel to such heat of fury as in the person the clod of the crumpled poster was put in me, trace the stream of dense abuse and threats («I you uroju, a reptile has rushed on me! I to you bashku shchas will tear off, the ugly creature!! I you, a bough, on a wall will smear!!!» ). I even have become puzzled for an instant: Syskunov generally was the taciturn person, and I even plainly never heard its voice (on court, practically, for the first time) so I directly was stunned by unexpected its and such vigorous eloquence. But the scene continued to develop and fill with an expression. Syskunov not deliberating there and then it is total has broken article 139 UK «Infringement of inviolability of dwelling»: 1. Illegal penetration into the dwelling made against the will of the person living in him, — is punished by the penalty at the rate from fifty to hundred minimum wage rates or at a rate of wages or other income condemned for the period about one month, or obligatory jobs for the term from hundred twenty till hundred eight-ten o'clock, or corrective jobs for the term up to one year, or arrest for the term up to three months. 2. The same act made with application of violence or with threat of its application, — is punished by the penalty at the rate from two hundred to five hundred minimum wage rates or at a rate of wages or other income condemned for the period from two about five months or imprisonment for the term up to two years. This hog has broken into my vestibule, on my territory and has tried to drive naturally to me the hairy fist in the person. And at me, it is necessary to tell, eat very nasty quality: I for some reason do not like, when me beat on the person. Especially — any shopkeepers smelly. More shortly, I was receded-has deviated by any miracle and did not deliver it such pleasure. Here I has jumped out of kitchen supruzhnitsa and has straight off switched on a voice siren: — And well in-about from our apartment!!! The villain has gone in-about!!! Syskunov for an instant was was taken aback-has receded, vyshagnul back in the general corridor, but fury in its fat soul still bubbled on full power, it again napruzhinilsja-was going to and has gone on us already on both to attack. Here it is necessary to mention, that Syskunov was almost on a head above me and in shoulders is much wider. During this moment fraught with consequences I have recollected "Shock", have seized ballonchik from a shelf, have directed towards the enraged boor and have pressed the trigger valve. The dense stream has struck it in a breast. I wished to aim better and to irrigate to it freshening gas a crimson muzzle, but it has already jumped aside from our door. During this instant voice-vskrik Uljanovoj was heard in a corridor: — Timosha! What there occurs?! What they with you have made?! Swine!! Gangsters!!! I have slammed a door and, panting, have stared at the Tatyana. That rubbed eye fists. — You that, cry, whether that? — I was amazed. — Eyes burns! I and itself have felt easy rez in eyes — the part of a gas cloudlet remained-has got stuck in our hall. But — strange business: judging by the instruction to ballonchiku, we with the wife should expire simply tears and writhe from a pain. However eyes only slightly pinched from time to time, and tears flew avariciously enough. I have turned ballonchik, esteemed inscriptions: fie, working life has expired it already two years ago … a horse-radish to itself — self-defence! — Perhaps militia we will call? — I have offered and there and then itself was ashamed of the offer. We even five-ten poobsuzhdali in a hall with the wife a foolish scene of poster fight, prospect of our relations with sick neighbours-aggressors and only have gone minutes on kitchen by a cooling down supper as at a door have again called. Well here, it was thought, and the second series! Tatyana has rushed to an entrance door, has looked in an eye, and I on everyone the fireman have again prepared gas ballonchik. But the wife from a door has informed perplexed: — Militia! — Here and well! Open! — I have vigorously ordered, but ballonchik from eyes have cleaned. Three attendants of an order — the captain and two sergeants have entered. Were presented. Also have there and then started interrogation, drawing up of reports. Has called them, it appears, Syskunov, having informed, that-de on his wife the enraged neighbours have attacked in a corridor and nearly have not killed poisoning gas … Judging by avaricious and any reproachful data of militiamen, the mistress of 92nd laid almost without consciousness, its person was obozheno to a redness, eyes have gone blind from slezotechenija, breath is complicated etc ., etc ., and so forth There, behind a wall, it appears, the whole brigade of "first aid" already fusses. We with Tanej silently were stunned. I have pulled out and have given on request of cops ballonchik — they requisitioned it. All our confused explanations-arguments were listened by attendants of an order rather indulgently and with an understanding smile … Natural consequence "plakatno-gazovo-koridornoj" fights was that next day I have sent in a post envelope in regional court the new statement: Still on March, 12th, 1999 the Lenin regional court (judge Chabretsova L. V ) has passed the decision № (such) about a pulling down of the illegal partitions erected without the consent of neighbours in the general corridor on 6 (six) apartments in the house № 54 on street by the International mistress of sq. 92 Uljanovoj T. M , and reduction of a corridor of the general using in a former condition. In due course in business there was a paper that executive manufacture under the given decision is ended 6.12.1999 However till now partitions stand on a former place, and all of 12,5 running metres of the general corridor grasped illegally Uljanovoj, still are in full possession of her family. In reply to complaints of neighbours about default of the decision of court to the chairman of Lenin regional court, in regional, city, regional Offices of Public Prosecutor, regional justice department, to the deputy of the State Duma T.I.Zaborovoj etc . Up to the President of Russia V.V. Putin, to us, neighbours, advise to address with the new claim in court. In connection with the above-stated on behalf of Uljanovoj T. M's the nearest neighbours I ask to pass the decision on a pulling down of all partitions in the specified general corridor, an interdiction of their new erection and corridor reduction in a former condition. And next my miss which left to me sideways later became an unnatural consequence of the same fight. Therefore, running forward, I hurry to give very important GOOD ADVICE: in a similar conflict situation with participation of militia which was called by yours suprotivniki, immediately, in turn, hurry in militia with the statement. Here delay if if not death, to defeat precisely similarly. I, alas, have guessed to make the statement addressed to the chief rajotdela militias only after ten precious days. I managed to get on reception to chief ROVD, he attentively has listened to me, zajavu esteemed, has called any subordinate, has disposed to understand "in essence", and then we still have lovely enough talked to the colonel about the literature, crisis of a detective genre and domination on pages of modern prose of a pornography and sex. The educated colonel, probably, and itself did not know, that by then Ulyanovs-Syskunovyh detailed "cart" which they delivered in militia next morning after koridornoj fights, was already with corresponding soprovodilovkami-comments preprovozhdena in world court. To business has been set in motion. The role of victims already has been fixed to our neighbours, I managed an ominous role of the defendant-respondent. The divisional starlej has called me (in ten days!) That I in the paper have for some reason replaced a cap "Statement" with "Complaint" and promised to send in addition it after to syskunovskim to papers in court — can, say, and will play any role. Meanwhile, me have called in regional court in connection with my claim for a partition. What I if it is possible so to be expressed, the pleased amazement when it was found out was, that business has got to judge Chabretsovoj, that at which participation all this judicial-claim epopee in March of 1999 began. Lyudmila Vasilevna has been sincerely surprised, that its decision which has been taken out 3,5 years ago so till now and it is not executed. She has asked to bring still missing papers (documents on our apartment what for and the statement second copy about which I have again forgotten) then has appointed a legal investigation to December, 15th. This day Ulyanov was not, and has sent instead of itself explanatory, that the pier mum at it very much is ill also time for courts at the approximate daughter at all is not present. Have transferred session for December, 23rd — again oblom: Syskunov has dragged the inquiry for some reason from military hospital, that it supruzhnitsa Ulyanov is ill ostensibly with a bronchitis. And on February, 12th (term so term of a distance for recover!) the respondent has not deigned to come already without any explanatories: say, yes all of you have gone with your claims and courts! Session nevertheless at last has taken place, there was short, and a verdict short and unambiguous, as an echo of court of four-year prescription: to clean-take down all partitions in the general corridor and to result it in a former condition. Ulyanov, naturally, has made the cassation complaint in regional court in which, in particular, spun: … the Court has not considered, that the partition is a shoddy construction, the corridor area behind a partition in an apartment total area does not join also to alienation is not subject, and permissions to erection of a partition at me are — from department of a housing-and-municipal and power economy, the Center of sanitary-and-epidemiologic supervision and the technical conclusion "Baranovgrazhdanproekta". All these documents are directed by me to architecture of Baranova for permission reception. … I could not be present on February, 12th, 2003 at judicial session and could not inform court on respectfulness of the absence (die Denis!. — N. N) as the day before felt very badly and has gone on reception to the doctor … in the morning From regional court I have there and then received a copy of this tsiduli and the offer-council to submit in written form objections, that I, not delaying, and have made. … Ulyanov has made the cassation complaint in the regional court, full perederzhek, falsifications and a direct deceit. Namely: 1) the Respondent was not on sessions of court 4 (four) times: 15, on December, 23rd, 2002 , on February, 12th and on March, 4th, 2003 so the court has made the decision IN ABSENTIA according to the law letter. 2) Speech in suit (and the court decision) goes not about a partition, and about PARTITIONS (not less than two), and at all shoddy constructions, and CAPITAL: one partition brick, another — metal, built in on probes in corridor walls. 3) Owners of 92nd sq. have fenced off-have appropriated at all only the "" share in the general two-section corridor on six apartments: they have grasped 80 % (12,5 one of sections (with all 4 windows and 4 radiators), having left the nearest neighbours from two apartments (93rd and 94th) only dark zakutok. 4) Still the first decision of Lenin court on a pulling down of the illegal partitions erected by owners 92nd sq. in ours obyoshchem a corridor, and more then, 4 (four on March, 12th, 1999 was accepted!) year back, Uljanovoj it has been explained, that neither the mayoralty, nor regional administration, the President cannot give out to it razreyoshenie on a construction of partitions in the general corridor WITHOUT the CONSENT of neighbours, and all similar pieces of paper-permissions can be only lime. Since then the law not izyomenilsja so references Uljanovoj on mythical «architecture of Baranova» (?), koyotoraja ostensibly four years the permission to assignment bolshej promises to give out it parts of the general corridor, look, to put it mildly, not convincingly … The regional court has considered cassation Uljanovoj on 2nd of April, has rejected it and has upheld the regional court decision. Tamara Moiseevna on this last — "peregorodochnoe" — judicial session to be also has not deigned. As it was then found out, she protected the forces now for other court. Vessels — world, "gas". |
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© Rosedkin Sergey Nikolaevich, 2001 |
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E-mail: emp-reports@fustercluck.com |
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