- Sergey Rosedkin -
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THE CLAIM P. 6	8. Complain do not complain Coming back from a court building home, I, hardly having digested-having overcome nasty mood, have recollected at last a good advice which was given for a long time already to me by people a good judge of judicial lawsuits, and I hurry to give-present it to you. The GOOD ADVICE: having got into litigation — and especially in criminal, and especially as accused! — do not stint the skilled lawyer. First, the defender-professional that's it will professionally protect you, will track observance of legality of all stages of process and will check up reliability of documents and certificates; and secondly, the judge it will be perfect in another way, it is possible to tell, more validly and more responsibly and not so to take a jaundiced view of you. My God, yes after all I have the friend-poet, which wife not simply lawyer, and the post managing legal consultation holds. Sozvonilis-have met. Alas, friendship friendship, and business by business: for acquaintance with business materials it was required to pay five hundred roubles, yes for participation in process a minimum one thousand. Money available for me was not available. And my quite reasonable offer on payment of the lawyer fee after a victory in process — the response-sympathy has not called: a payment only forward. However, the spouse of the friend-poet nevertheless has free of charge looked my appeal complaint and has free of charge introduced in it which-what corrective amendments. I and was infinitely grateful for it. My appeal in general, besides in my opinion (and prijatelevoj the wife-lawyer), has turned out demonstrative and convincing. Re-reading it, I have again started to hear victorious litavry and fanfares. Well judge for yourself! In Lenin regional court of Baranova From defendant Rosedkina Sergey Nikolaevicha, On a sentence of world judge Fominoj T. K  from 12.05.03  THE APPEAL COMPLAINT On May, 12th, 2003 the world judge of a judicial site № 3 Lenin areas Fomina T. K has pronounced a sentence on criminal case № (such), recognising me guilty of crime fulfilment under item 116 UK the Russian Federation "Beating", and has appointed punishment in the form of the fine at a rate of 25 minimum wage rates in the state income. I of guilty do not recognise, categorically do not agree with a sentence and I consider, that during judicial examination have been broken or variety of articles UK and UPK the Russian Federation is not considered. Namely: 1) Item 318; 321, ch. 3 UPK. Already more than 4th years between our family and owners sq. 92 (Ulyanov T. M, Syskunov T. B  ) there are the aversions, arisen that Ulyanovs-Syskunovy have stolen at neighbours the most part of the general corridor (on 6 apartments) and in a pointed manner refuse to return it though was already two decisions of Lenin regional court (from March, 12th, 1999 and on February, 12th, 2003 ), and thus terrorise neighbours: switch off light in the rest of the general corridor at own discretion (the switch is behind a partition), drive on a corridor the sentry dog without a muzzle and so forth On November, 23rd, 2002 in the evening on this soil there was a conflict, four persons became participants and which witnesses: I and my wife Rosedkina T. M  — on the one hand; Syskunov T. B  and Ulyanov T. M — with another. Under my version, in our apartment has rushed Syskunov and has rushed on me with fists, threats and insults (at least — item 130 UK): with a view of necessary defence (item 37 UK) I had to apply gas ballonchik — once "pshiknut". Under the charge version, Syskunov with me simply talked, at this time in a corridor left Ulyanov, and I for no reason at all «have scattered to it in the person» from gas ballonchika. On December, 4th, 2002 I have made the complaint addressed to the chief Lenin ROVD to of Tambov about attraction of hooligans-neighbours from 92nd sq. to responsibility for the given incident. On December, 19th, 2002 the item l-t Jokers A, understanding with the complaint, has sent it in Lenin world court as my complaint as private charge for consideration on a being (ref. № Н-4). In office of Lenin world court it has been registered on December, 23rd, 2002 Since then any data on destiny of the complaint I did not receive. Meanwhile, under the complaint as private charge Uljanovoj, dated on March, 31st, 2003 , me have instituted criminal proceedings. Judge Fomina T. K  and could not motivirovanno explain, why my complaint from December, 4th, 2002 has not served as an occasion to excitation of criminal case or at least has not been connected in one manufacture to complaint Uljanovoj as a counter claim as it is available two statements of conflicting parties for the same collision-incident. 2) item 74, ch. 4; 81; 284, ch. 1 UPK. The Most important thing (and in essence — the only thing) a material evidence of my "crime" and my protection — gas ballonchik, withdrawn from me militiaman Pervushkinym that evening, — and was not, despite my persevering requests, is shown court during judicial investigation. And meanwhile on ballonchike its important parametres for judicial examination are specified: an operative range — to 2,5 m, a zone of dangerous, strong action — to 1 m; working life which has expired in March, 2001   3) Item 73, ch. 1, item 5; 75, ch. 2; 88, ch. 1; 287, ch. 1 UPK. Indications of all four participants and witnesses of incident completely coincide that I did not leave the apartment, and Ulyanov did not depart from a door of the partition which left: that is, the distance between us was not less than 4 (four) metres so a stream (and furthermore "splashes") from gas ballonchika with the maximum operative range to 2,5 m could not reach «in any way the person of the victim» and furthermore on such distance «to cause a physical pain», on what I repeatedly paid attention of court, and it absolutely excludes application of item 116 UK. Meanwhile, all indications of the victim, witnesses of charge and results of a forensic medical examination are based on the assumption, that, probably, Rosedkin has directed a gas stream in a direction of "person" Uljanovoj, that, probably, the stream, contrary to instructions, parametres and physics laws, has reached "persons" Uljanovoj, that, probably, gas has caused it «a physical pain» though term of its validity has expired for a long time (one year and eight months prior to the application moment). Important and to underline, that in the inquiry of station of fast medical service from 25.11.02 , given out Uljanovoj, in the certificate of a forensic medical examination from 29.11.02 it is not specified, that «reaction to unknown aerosol substance» at Uljanovoj has occurred from gas from ballonchika, withdrawn at me in evening of incident though to prove it during examination of any work would not make. 4) item 14 UPK. The court sentence is based on two assumptions: The assumption I. I have applied gas ballonchik not against Syskunova (as self-defence), and against Uljanovoj. Meanwhile, I confirm also one witness (Rosedkina T. M  ) confirms, that at the moment of application ballonchika Syskunov was in the general corridor opposite our door, faced to me, and gas on it has not worked only because for a long time has expired period of validity; Ulyanov is confirmed also by one witness (Syskunov T. B  ) confirms, that during this moment Syskunov from our door departed, the gas stream has got to it on clothes and at the same time on "person" Uljanovoj, being in several metres further. At equality of quantity of witnesses and discrepancy of certificates the situation «doubts in guilt accused» was created, but all doubts are interpreted by court for some reason, contrary to an innocence presumption, in favour of charge. II. "Splashes" from mine ballonchika have reached persons Uljanovoj and have caused it «a physical pain». It as already it was proved above, is excluded by material evidences (parametres gas ballonchika, distance) and results of examination. 5) item 303 UK. There is some question on which during judicial examination of answers has not sounded: Question 1. Why Ulyanov after a "first aid" call has refused offer «to deliver it in toksilogicheskoe branch» where it is possible to establish precisely by analyses from what particularly substances had it «dry barking cough» and other symptoms of "illness"? Question 2. Why Ulyanov has applied for information on first aid station only 25.11.02 — for 3rd day after happened? Question 3. Why the forensic medical examination has been spent only 29.11.02 — for 6th day after incident? Question 4. What communication exists between «out-patient treatment» Uljanovoj from 27.11.02 for 03.12.02 and gas ballonchikom, 23.11.02 withdrawn from me if besides the above-stated proofs even in results kriminalisticheskoj examinations from 02.11.02 it is accurately told, that found out in withdrawn ballonchike substance kapsaitsin-estrakt siliculose pepper «neither to strong, nor do not concern poisonous substances» (therefore and is in free sale!); moreover, and in the certificate of a forensic medical examination from 29.11.02 it is fixed, what "physical injuries (?)" Uljanovoj «have not caused short-term frustration of health or insignificant proof loss of the general work capacity (as harm to health are not qualified)»? Question 5. What communication can exist between gas ballonchikom, withdrawn at me, and «puffiness of the person, slezotecheniem» and other painful symptoms at Uljanovoj, the found out 29.11.02 (for 6th day) when tear gas influence even from new is known, what, not delayed ballonchika stops in 20 minutes and completely disappears in 2 hours after hit on the person? Question 6. Why witness Zaharkina S. A  confirms, what even names of "aerosol substance» ostensibly applied against Uljanovoj, it, doctor Zaharkina, did not know, though simultaneously from it on an incident place there was militiaman Pervushkin who has withdrawn from me ballonchik with gas? All these questions obviously testify to falsification of proofs of charge. I confirm also all data confirm it, that any traces of influence any «aerosol substance» on a body and "person" Uljanovoj have no communication with ballonchikom, withdrawn at me; if similar traces also took place, have occurred from influence of any deodorant, osvezhitelja air, dihlofosa and any other aerosol substance which are available in an economy of Ulyanovs-Syskunovyh. 6) item 46, ch. 3 UK. Before adjudgment judge Fomina T. K at all has not taken an interest in a property status of the defendant: whether in a condition I, the writer, the representative of creative intelligency, for last years vvergnutoj the state in full poverty to pay 25 minimum wage rates in the income of this state? 7) item 307 UPK. In a verdict of guilty not motivirovano why all proofs in favour of the defendant are rejected, and all disputable moments, contrary to an innocence presumption, are treated in favour of charge. Besides, the opisatelno-motivation part of a verdict of guilty contains the rough discrepancies deforming an essence of incident and harming to the accused: instead of "gas", «a gas stream» — "splashes", "has sprinkled"; instead of «an illegal partition» — «an apartment Uljanovoj door»; instead of «in a direction (victim)» — «in the person», etc . The court for some reason at all has not taken into consideration and has not considered essential circumstances in a sentence: initiators and originators of long-term aversions between owners of apartments 92 and 93 are Ulyanovs-Syskunovy; the initiator and the originator of the quarrel, in the evening on November, 23rd, 2002 , Syskunov T. B  — not I in its apartment is happened   , and it was in mine to find out relations. On the basis of stated and being guided by item 323, 354, 355, 363, 369, 371 UPK, I ASK: To cancel a sentence of world judge Fominoj T. K  from May, 12th, 2003 in view of discrepancy of the conclusions containing in a sentence, to actual circumstances of criminal case, and numerous infringements UPK and UK the Russian Federation during judicial examination — with the termination of criminal prosecution concerning me. Articles UPK mentioned here and UK should be quoted for presentation or at least to result their titles. THE CRIMINALLY-REMEDIAL CODE: Article 14. An innocence presumption. 1. Accused it is considered innocent while its guilt in crime fulfilment will not be proved in the order provided by the present Code and it is established by the sentence which has entered validity of court. 2. Suspected or accused is not obliged to prove the innocence. The burden dokazyvanija charges and refutations of the arguments resulted in protection suspected or accused, lays on the charge party. 3. All doubts in guilt accused which cannot be eliminated in an order established by the present Code, are interpreted in favour of the accused. 4. The verdict of guilty cannot be based on assumptions. Article 73. The circumstances which are subject dokazyvaniju. 1. (Item 5). The circumstances excluding criminality and punishability of act. Article 74. Proofs 2. As proofs are supposed: 4) material evidences. Article 75. Inadmissible proofs. 2. Inadmissible proofs concern: 2) indications of the victim, the witness, based on a guess, the assumption … Article 81. Material evidences. 1. Material evidences any subjects admit: 1) which served as tools of a crime or have saved on itself crime traces; 2) on which criminal acts have been directed; 3) other subjects and documents which can serve as means for detection of a crime and an establishment of circumstances of criminal case. 2. The subjects specified regarding first present article, look round, admit material evidences and join criminal case about what the corresponding decision … is taken out Article 88. Rules of an estimation of proofs. 1. Each proof is subject to an estimation from the point of view otnosimosti, admissibilities, reliability, and all collected proofs in aggregate — sufficiency for the criminal case permission. Article 284. Survey of material evidences. 1. Survey of material evidences is spent at any moment of judicial examination under the petition of the parties. Persons to whom material evidences are shown, have the right to pay attention of court to the circumstances important for criminal case. Article 287. District and premise survey. 1. District and premise survey is spent by court with participation of the parties, and if necessary and with participation of witnesses, the expert and the expert. Premise survey is spent on the basis of definition or the court decision. Article 318. Excitation of criminal case of private charge. Article 321. Criminal case consideration in judicial session. 3. Statement consideration on criminal case of private charge can be connected in one manufacture to counter claim consideration. Connection of statements is supposed on the basis of the decision of the world judge prior to the beginning of judicial examination. At connection of statements in one manufacture the persons who have submitted them, participate in criminal legal proceedings simultaneously as a private accuser and the defendant. For preparation for protection in connection with receipt of a counter claim and connection of manufactures under the petition of the person in which relation the counter claim is submitted, criminal case can be postponed for term no more than 3 days. Interrogation of these persons about the circumstances stated by them in the statements, is spent by rules of interrogation of the victim, and about the circumstances stated in counter complaints, — by rules of interrogation of the defendant. Article 307. An opisatelno-motivation part of a verdict of guilty. The opisatelno-motivation part of a verdict of guilty should contain: 1) the description of the criminal action recognised as court proved, with instructions of a place, time, a way of its fulfilment, the form of fault, motives, the purposes and crime consequences; 2) proofs on which conclusions of court concerning the defendant are based, and motives on which the court has rejected other proofs; 3) instructions on the circumstances softening and aggravating punishment, and in case of a recognition of charge in any part unreasonable or establishments of wrong qualification of a crime — the bases and motives of change of charge … Article 323. The appeal of a sentence and the decision of the world judge. Article 354. The right of the appeal and cassation appeal. Article 355. An order of bringing of the complaint and representation. Article 363. The appeal complaint or representation. Article 369. The bases of cancellation or change of a sentence of court of the first instance. Article 371. The appeal of a sentence and the decision of court of appeal instance. THE CRIMINAL CODE Article 37. Necessary defence. 1. Is not a crime the tresspass to the encroaching person in a condition of necessary defence, that is at protection of the person and the rights defending or other persons protected by the law of interests of a society or the state from socially dangerous encroachment if thus it has not been admitted excess of limits of necessary defence. 2. All persons irrespective of their professional or other special preparation and office position have the right to necessary defence in an equal measure. It the right belongs to the person irrespective of possibility to avoid socially dangerous encroachment or to address for the help to other persons or authorities. 3. Excess of limits of necessary defence the deliberate actions obviously mismatching character and degree of public danger of an encroachment admit. Article 46. The penalty. 3. The size of the penalty is defined by court taking into account weight of the committed crime and taking into account a property status condemned … 5. In case of malicious evasion from payment of the penalty it is replaced with obligatory jobs, corrective jobs or arrest according to the size of the appointed penalty in the limits provided by the present Code for these kinds of punishments. Article 116. A beating. Drawing of a beating or fulfilment of other violent actions which have caused a physical pain, but not entailed consequences specified in article 115 of the present Code (short-term frustration of health or insignificant proof loss of the general work capacity) … Article 130. The insult. 1. The insult, that is humiliation of honour and advantage of other person, expressed in the indecent form … Article 303. Falsification of proofs. So, this appeal has carried I in the same world court (such is an order) on 20th of May, and its analysis in regional court has been appointed already to July, 7th — 48 days later. And how here not to result, to quote one more stateechku UPK the Russian Federation — 362: «Criminal case consideration in an appeal order should be begun not later than 14 days from the date of receipt appeal complaints or representations». But before to inform, my lethal appeal has made what impression on so phlegmatic federal judge, I will tell about what very much even juicy "sjurprajz" has happened in ours sosedsko-koridornom a world. In the beginning of June, 6th, in the morning when I was at home one, at a door have called. Has opened. And, figuratively speaking, hardly on a wall-Timothy Syskunov slowly has not slipped! And, at all Timothy, and — Timosha: silent, modest and even looked down from confusion. In a word, as I soon was understood-has understood is there was Timothy who already paid 500 roubles of so-called executive gathering and has received two notices on the penalty for default of the decision of court about a pulling down of partitions (about it speech at us ahead), besides it was Timothy who familiarised with the text of my appeal on "criminally-gas" business and has received from supruzhnitsy corresponding instructions-instructions. So, it was found out, that Ulyanovs-Syskunovy wish to conclude the agreement of lawsuit. Amicably also it is mutually advantageous. From their point of view. The essence of their offer sounded silent Timoshej, consisted in the following: I write zajavu to judicial police officers-executors supposedly about partitions of more claims at me was not present and let they will lag behind owners of 92nd apartment at all … Well and, of course, I will take away back my appeal, and we poherim ours with it "pobojno-gas" business too once and for all. — And how to be with the penalty in 25 minimum wage rates? — I have decided to specify. — Yes in any way! — vshohotnul Syskunov. — We here do not execute the decision of court on a pulling down of partitions, and you do not execute the decision on the penalty … Delov! — No, Timothy Borisovich, — has firmly declared I, — I so am not able to do and I do not want. Let's arrive as follows: you will write the petition to regional court that have cancelled a sentence about the penalty in connection with reconciliation of the parties, and I there and then withdraw the court order about partitions. Goes? Timothy Borisych has strained all the one and a half (or how much they there at it) crinkles, have started to think. Has decided: — But how so, and? I and was spent for the lawyer, already five hundred roubles pristavshe have paid, it already to us has written out two penalties … And you, leaves, in general an expense will not incur?! Seeing, that process is tightened, I have offered: — Timothy, I here can is urgent to Moscow on affairs leave, so just in case I will make right now an official paper, that in case of what without me the question has dared, you with Tamara Moiseevnoj once again all ponder and — make the definitive decision. I bystrenko have started a computer, have called Word and have typed-unpacked the following: ADDITION TO THE APPEAL COMPLAINT On a sentence of world judge Fominoj T. K  from 12.05.03  On May, 20th, 2003 I have made the appeal complaint to a sentence on criminal case № (such). On a good reason I cannot be present at session of regional court (it is urgently called to Moscow on literary affairs), therefore I ask to take into consideration the following. Owners sq. 92 (Ulyanov T. M and Syskunov T. B  ) have suggested me to come to the agreement of lawsuit: Ulyanov refuse charges in my address, formed a basis for adjudgment of the world judge about imposing on me of the penalty in 25 minimum wage rates; I withdraw the court order of Lenin regional court № (such) from the April, 2nd, 2003, obliging to Yelizarov to take down autocratically erected partitions in the general corridor (served by the reason of aversions between us and the conflict-incident on November, 23rd, 2002 ). I hope, ours with Uljanovoj the mutual decision to stop lawsuits-conflicts between us will allow to cancel a sentence of world judge Fominoj T. K  from May, 12th, 2003 with the termination of criminal prosecution concerning me. Timosha, puzzled, took a paper and has left … Good, I will not tighten my mournful narration. Alas, citizen Ulyanov of the hatred and embitternment on me to overcome-overcome and could not — very much it was desired to punish me rouble (on its concepts — more terribly punishments and are not present!). To see, it has convinced the Syskuna, that again they will manage the law to bypass, police officers to coax and remain at the interest, that is — at the partitions. So, on July, 7th the regional court has upheld the crooked decision of world court, and on July, 29th and regional court (after all forces and on it have sufficed at me!) has confirmed steady desire of the democratic state absolutely prejudicedly to plunder the poor Russian writer on two and a half tyshchi roubles to own advantage. The god it the judge! 9. Finish of a judicial marathon Judicial police officer-executor Veretyonkina has excited (a mot what!) executive manufacture on April, 10th about a pulling down of partitions also has given to citizen Uljanovoj 5 (five) days on execution of the decision of court. Another on we would wash a place there and then has reserved the big pie and has bought champagne, preparing numbers 15-16 in light April day sprysnut the celebration viktorii, however experience bitter to me was not to occupy — so with a pie and celebratory wine I to hurry up did not become. As 14 numbers has personally met Veretyonkinoj Oksana Anatolevnoj, specially having arrived for this purpose in pristavskuju office. I have looked at it (Veretyonkinu) and have sighed involuntarily: m-da-a-a — the teenager any, instead of the terrible police officer-executor! SHCHuplenkaja the girl of years 20 tried to do an attractive face solid and resolute, but it turned out at it rather comically. However, as they say, to a presented horse … is more correct — to a foal … Oksana Anatolevna has informed me, that has already visited at it Syskunov, made an effort to move to pity with hvorjami-illnesses of the spouse, but it, Oksana Anatolevna, has not given in to pressure, has corrected on it supruzhnitsu a paper about payment of executive gathering at a rate of 5 minimum wage rates and I have very strictly ordered to take down partitions … have cheered up and have specified: — Means, tomorrow last term for them? — No, — has taken aback me Oksanochka, — I have prolonged term till May, 5th … What? How? Why? In this connection? For what? Answer!. Has not given the answer. Directly gogolevshchina any! Ulyanovs-Syskunovy played for time, resisted both month, and the second, and the third … As was already mentioned, Veretyonkina regularly came to our corridor, drew up statements about default of the decision of court, took out decisions about penalty imposing at first on two minimum wage rates (200 rbl.), then on four (400), has threatened to write out and on eight … However, as subsequently was found out, Syskunov, according to the belief, and did not think these penalties to pay! It would Seem, the girl-police officer arrived resolutely and karatelno, but here it is a high time to result-quote also a place some more articles from remarkable «the Federal law on executive manufacture», accepted on July, 21st, 1997 : Article 81. Performing gathering. 1. In case of default of the executive document without valid excuse in time, established for voluntary execution of the specified document, the judicial police officer-executor takes out the decision on which performing gathering is collected from the debtor at a rate of seven percent from the collected sum or cost of property of the debtor. In case of default of the executive document of non-property character performing gathering is collected from the debtor-citizen at a rate of 5 minimum wage rates, from debtors-organisations — 50 minimum wage rates … Article 85. Responsibility for default of the executive document obliging the debtor to make certain actions or to refrain from their fulfilment. 1. In case of default without valid excuse the executive document obliging the debtor to make certain actions or to refrain from their fulfilment, in time, established by the judicial police officer-executor, it according to article 73 of the present Federal law takes out the decision about imposing on the debtor of the penalty at the rate to 200 minimum wage rates and appoints to it new term for execution. 2. At the subsequent infringements by the debtor without valid excuse new dates of performance of the executive document the size of the penalty each time doubles. 3. At repeated default without valid excuse the executive document the judicial police officer-executor brings in corresponding bodies representation about attraction to administrative or the criminal liability provided by the legislation of the Russian Federation, the citizen or the official which owing to the official duties should execute the executive document … Article 87. Responsibility for default of legal requirements of the judicial police officer-executor and infringement of the legislation of the Russian Federation about executive manufacture. 1. For default by citizens and officials of legal requirements of the judicial police officer-executor and infringement of the legislation of the Russian Federation about executive manufacture, and it is equal for loss of the executive document or its untimely departure, representation of doubtful data on incomes and about a property status of the debtor, and also nesoobshchenie the debtor about dismissal from job, about a new place of job or a residence guilty citizens and officials are fined by the judicial police officer-executor at the rate to 100 minimum wage rates, and for evasion without valid excuse from an appearance on a call of the judicial police officer-executor or to a place of fulfilment of executive actions — to a drive about what the corresponding decision … is taken out Article 89. Compensation of the judicial police officer-executor. 1. The judicial police officer-executor who has provided real and timely execution of the executive document, receives compensation at a rate of five percent from the sum collected by it or property cost, but no more than 10 minimum wage rates, and under the executive document of non-property character — 5 minimum wage rates. In case of partial execution of the executive document for the reasons independent of the judicial police officer-executor compensation is paid to proportionally collected sum … As we see, judicial police officer-executor Veretyonkina operated not too rigidly and operatively as it was regulated by the remarkable law. I even tried to persuade her to involve persistent peregorodochnyh owners, according to article 85 (ch. 3), «to administrative or the criminal liability» or at least to earn more bonus, imposing not ridiculous penalties, alas, my requests-offers were gone in vain. Moreover, when Ulyanovs-Syskunovy nevertheless poddalis-were trembled, Oksana Anatolevna and has at all led itself, to put it mildly, inadequately. And business was so. Before the next visit having stuck in our corridor owners have disassembled 92nd internal brick partition, but on its place have put wooden of DSP (as then explained — for preservation of the stored property), a metal partition at last have removed and have leant there and then to a wall. Veretyonkina has there and then drawn up the statement as if the court decision is executed. I, naturally, in the column of the certificate «Statements and remarks» have expressed the disagreement. And when in some days has suddenly learnt from sent by mail to a paper, that business is closed, has written-has made the statement addressed to the senior judicial police officer from whom all details become clear: On February, 12th, 2003 the Lenin regional court has passed the decision under my statement of claim: «to Oblige to Ulyanov Tamara Moiseevnu to take down autocratically erected partitions in a corridor of the general using which to result in a former condition». On April, 10th, 2003 judicial police officer PSP of Lenin area Veretyonkinoj of Island A had been raised executive manufacture. Then throughout almost three months from the moment of the beginning of executive manufacture of Veretyonkina O. A  only four times Uljanovoj T. M appointed  new terms for execution of the decision of court and only took out decisions about imposing on Ulyanov of the penalty (2 minimum wage rates and 4 minimum wage rates) for the general ridiculous sum of 600 roubles twice. Last time of police officer-executor Veretyonkinu I saw in our corridor on June, 30th, 2003 It the statement about partial execution of the decision of court has been drawn up. In the column of the certificate «Statements and remarks» by me it has accurately been specified: «the court Decision is executed not completely: the corridor is not resulted in a former condition …» And suddenly I learn a post factum, that on July, 4th, 2003 (I have received the decision by mail only on July, 9th) police officer-executor Veretyonkina, not having let me know at all, executive manufacture have closed. Meanwhile, the court decision completely and is not executed: there is one more wooden autocratically erected partition (on terminology of the police officer — "platform"), "things" absolutely are not cleaned even not (to a corridor wall the massive bench is attached, the brick is stored by the big heap, blocks up space the removed metal lattice and so forth) and, at last, the most important thing — from walls of the part of a corridor closed before ridiculous wall-paper is not cleaned, and walls are not painted former dark blue colour … Moreover, owners of 92nd apartment today, on July, 10th, 2003 when at all has not expired term of the appeal of the decision of the police officer about the termination of executive manufacture, again and again have autocratically established an iron partition in the general corridor!!! The former history when in the same way, only partially having executed the decision of Lenin regional court from March, 12th, 1999 about return to neighbours of the corridor stolen at them, Ulyanovs-Syskunovy after the termination by police officer Kozlenko of executive manufacture have there and then established partitions on a former place has repeated . I categorically ask and I demand to oblige the police officer Veretyonkinu O. A to cancel the decision from July, 4th and to achieve from Uljanovoj T. M  of execution of the decision of court completely and up to the end — to clean in the general corridor all partitions and to result a corridor in a former condition … Alas, all my complaints and «categorical requests» were gone in vain. Besides, it is equal in two weeks after business about a pulling down of partitions definitively regional court has been pohereno-is closed (a pier, the regional court decision is safely executed), and Ulyanovs-Syskunovyh metal partition stood is firm and is eternal on a former place, I have received «the Decision about excitation of executive manufacture» apropos sdiranija from me the penalty in 25 minimum wage rates for notorious "beating". As I have resolved (pamjatuja councils of my instructor Syskunova!) the penalty from a principle not to pay, and as a last resort, according to point of 5th article of 46th UK to undergo to arrest or corrective jobs intended tastefully to spit upon a piece of paper with an official stamp, has not looked yet on podpis-familiju the judicial police officer-executor … Never will guess, who it has appeared. VERETYONKINA OKSANA ANATOLEVNA — here who! I have really tastefully spat, but not upon an official stamp, and is simple on a floor. Then has collected on susekam and to kind acquaintances two and a half tyshchi roubles, has gone, has paid the ill-starred penalty then has called by phone in the newspaper of free announcements and has dictated: — I change one-room apartment of the improved lay-out in city centre … I admit, when I dictated-said it, hardly it was possible to me to constrain tears: with this cosy apartment which was received by me as the young expert 20 years ago, the considerable and best part of my life … has been connected In a month we lived in the old house, in the apartment demanding major repairs, but — far from Ulyanovs-Syskunovyh! Whether this happiness, and? Already on new old (here such is an oxymoron!) apartment I have formulated definitively main (the prompted  V.I.Dalem) the GOOD ADVICE: never and under no circumstances have not legal proceedings with nouveau riches-novorashami — to itself becomes more expensive! I, certainly, am sorry for such decadent pessimism. But, I think, me to understand it is possible. P. S. Having switched on not so long ago the TV, I have learnt from the reporting from the All-Russia congress of judges that it during a uniform instant raises the salary in 3 (three!) time and, on assurance of the President, will be steadily, often and promptly to raise henceforth … Remains for our fair, incorruptible and highly professional judges, all these chugunovyh-miloserdovyh-fominyh only to be glad. Flag it in hands! P. P. S. All surnames, except the, I in this sad story have changed — not to have legal proceedings again with everyones, excuse My God, zhlobami and morons! Good advice In the end of this sad history, I think, it is expedient to result-remind once again all GOOD ADVICE which can help the people who for the first time have got to judicial corridors. So: ·       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. ·       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. ·       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. ·       On the neighbours who have struck your rights, the claim in court submit only: no administration, any official shalupon is capable to defend your trampled, struck rights it is better, ubezhdyonnee and is more persevering than you. ·       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. ·       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. ·       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». ·       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. ·       Never wait, that the judicial police officer-executor himself and will voluntary rush to execute immediately according to article of 9th «the Law on executive manufacture» the direct duties: push him, potormoshite, induce it to do. ·       If the court decision on a pulling down of illegally erected partition (a fence, garage, a shed, etc .) it is not executed in due term, the claimant has the right to execute personally it if it has enough on it character and forces. ·       Beginning detour of offices, establishments and the organisations in search of protection and justice, make the list-scheme and strictly observe a hierarchical order (from below upwards, not trying to jump a step), and differently — only time and nerves in vain will spend. ·       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! ·       In a conflict situation with participation of militia which was called by your "opponents", immediately, in turn, hurry in militia with the statement. ·       In no event it is impossible to give in to pressure of the judge, refusing to accept to consideration your lawful statements and-or forcing to change-deform their essence; there and then demand a written substantiation in refusal and immediately address in higher judicial instances, and it is even better — in Office of Public Prosecutor. From the first steps of judicial action having given in to unreasonable pressure of court or an adversary, you here immediately will start to lose process morally, and then, it is possible not to doubt, will lose and actually. ·       Till the moment of announcement of a verdict in no event it is impossible to be assured of a victory: then, if the court decision will be in your advantage, you will test pleasure doubly and if will hear from lips of the judge, that have lost — the bitterness and insult any more will not be such sharp. ·       Having got into litigation — and especially in criminal, and especially as accused! — do not stint the skilled lawyer. First, the defender-professional that's it will professionally protect you, will track observance of legality of all stages of process and will check up reliability of documents and certificates; and secondly, the judge it will be perfect in another way, it is possible to tell, more validly and more responsibly and not so to take a jaundiced view of you. ·       Never and under no circumstances have not legal proceedings with nouveau riches-novorashami — to itself becomes more expensive! <<<(P. 5)
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© Rosedkin Sergey Nikolaevich, 2001
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