Translated material
The St. Petersburg Court gave Vladimir Putin a month for thought
Vladimir Putin should respond to the court within a month. Photo: RIA NovostiThe definition was submitted after the consideration of the civilian claim of the military prosecutor of the Department of the Leningrad Military District (Lenvo) Vladislav Baleevsky, who was denied the payment of monetary compensation.
Private definition
In Russian procedural law, this is a special type of judicial decision, representing the court reaction to certain violations of the rule of law that were revealed during the trial, but not related to the essence of the case under consideration. In this document, the court draws the attention of relevant organizations and officials to these circumstances requiring the adoption of the necessary measures. Accordingly, officials are obliged to report the measures they have taken within a month: the violation is punishable by a fine of up to 1 thousand rubles, which, however, still does not exempt them from the need to respond to the court.
Compensation for 411 days
As the Chairman of the Court Yuri Kozlov told the GZT .ru correspondent, according to the law, for every three days of business trips, the soldier has two additional days of rest, which can be replaced by monetary compensation. From September 2005 to March 2009, Baleevsky served in the military prosecutor's office of the United Group of Troops in the Khankala of the Chechen Republic and accumulated 411 days of rest. As Baleevsky himself considered, the amount of compensation for them was supposed to amount to 1 million 4 thousand 430 rubles 44 kopecks.
However, the head of the financial department of the headquarters of Lenvo refused Baleevsky to pay, referring to the fact that the Ministry of Defense of the Russian Federation does not have the procedure for the payment of such compensation. Then the military prosecutor filed a lawsuit against the St. Petersburg garrison court. The judge recognized the refusal illegal and decided to satisfy the applicant’s claims, but only partially - in the amount of 235 thousand 380 rubles 38 kopecks.
According to Kozlov, Baleevsky calculated compensation based on the full amount of his monetary content, including bonuses and matches (prosecutors are supposed to be an annual prize for exemplary military duty in the amount of three salaries, another reward for a year also in the amount of three salaries and material assistance in the amount of two salaries). In addition, in his lawsuit Baleevsky demanded that the court decision be fulfilled immediately, since due to inflation the delay in payments may cause him damage.
However, the judge considered that the applicant’s desire to receive such an amount “explainable by human logic, but contradicts the current military legislation and its meaning.” Therefore, the amount of compensation was counted, based only from the salary by office and rank. As for the possible inflation, the judge advised the plaintiff to re -apply to the court with a lawsuit to recover additional losses, if any.
Last Tuesday, the court decision entered into force.
The court is tired of waiting for the decision of the Ministry of Defense
Kozlov emphasized that the last three years, military personnel have constantly arose similar problems. It was so much time that has passed since the legislation on the possibility of replacing monetary compensation for additional days of rest for business trips to the North Caucasus region. The procedure and conditions for payments was supposed to establish a Ministry of Defense, but so far it has not done this. As a result, military personnel are forced to achieve the payments assigned to them through the court.
Moreover, when they are accrued by money by court decision, they are paid at the expense of monetary allowance, that is, they are taxed by income tax, although they should not be as a compensation payment. Some persistent stubborn re -applying to the court to return the tax amount.
“We are tired of expecting the leadership of the Ministry of Defense so that it finally fulfills the requirement of the law, developing this procedure and issuing an appropriate order,” said the chairman of the court. “And we decided to draw the attention of the Prime Minister of the Russian Federation to this problem.”
About the measures adopted by the government in accordance with Art. 226 Code of Civil Procedure, the court must be notified within a month.
Not the first definition of Putin
The St. Petersburg Garrison Military Court has already issued a private ruling against Vladimir Putin and the Ministry of Defense in September 2009. Then this was preceded by a consideration of 25 criminal cases instituted against the audience of the St. Petersburg Military Academy of the rear and transport. In June 2008, they were sent on a business trip to the Moscow Region, and upon returning they submitted documents to the accounting department that they allegedly lived in the hotel, asking them to reimburse them for 11 thousand rubles.
However, the audit showed that the documents are fictitious. The officers were found guilty of fraud, sentencing them to fines in the amount of the stolen.
After that, Kozlov issued private decisions to the chairman of the Government of the Russian Federation Vladimir Putin, the Ministry of Defense of the Russian Federation and the command of the Academy. In his opinion, an insignificant monetary allowance of listeners of the Academy (17 thousand rubles) and not indexed by 2002 travel expenses: 100 rubles of per diem and 550 rubles of compensation for housing expenses that have not been indexed since 2002. Kozlov considered this the conditions for committing such crimes, and invited the government to eliminate them.
Soon, the government and the Ministry of Defense answered in the spirit that they were developing the necessary regulatory documentation.