Teacher's tears

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On August 11, 2010, a teacher cried in the Sosnogorsk City Court. The judge tried to reassure her: "You work with the children, your nerves should be strong ...". Through tears in response, it sounded: "Disciples ... better than the administration ..."

... It was about the administration of the city settlement "Nizhny Odessa", who excluded a school teacher living in the "Little family" from the lists of waiting lists, after 13 years of waiting in the priority housing line. The unexpected news, falling on the asserbater-bugrian in March this year, initially shocked her. And maybe so she would have lost the last hopes in the year of the teacher to finally get out of the “little family” with a common kitchen, without a bath, a soul and hot water, if not for the help of a human rights activist.

A letter was sent to the Lower Odessa administration with a demand to explain on what basis the decision was made to deregister. There was no answer. Then the former timeman went to court and demanded that she be recognized as unlawful both to the failure to provide her with a written answer (by the law it was supposed to be issued within a month), and the decision to deregister.

In court, the Nizhny Odessa administration insisted that the plaintiff lost grounds giving the right to receive housing under a social rental agreement: she has enough housing in the area and, moreover, in 2007 from the house where she lives, the status of a hostel was removed. The plaintiff, along with her representative, was on her own: in 1996, the basis for setting her in the queue was not a shortage of square meters, but insufficient by the standards of Lower Odessa the level of improvement of a small family, and this level has not yet changed. And the removal of a hostel status from the house should not be taken into account at all, since this circumstance is not included in the list of grounds for deregistration.

I had to recall that paragraph 2 of Art. 6 of the Federal Law “On the Enforcement of the Housing Code of the Russian Federation” stipulates that citizens who are accepted before the entry into force of the new Housing Code (i.e. until March 1, 2005), in order to subsequently provide them with residential premises under social employment agreements, retain the right to consist of this accounting until they receive residential premises. Such citizens are withdrawn from this account only on the grounds provided for in paragraphs 1, 3-6 of part 1 of Art. 56 of the Housing Code of the Russian Federation, as well as in the case of the loss of grounds, which, before the enforcement of the Housing Code of the Russian Federation, gave them the right to receive residential premises. But not a single grounds for deregistration in this case was not!

The representative of the defendant, the deputy head of the administration of Lower Odessa A. Martyn, after several court hearings, nevertheless recognized the legality of the requirements for restoration in the queue. The court’s decision was obliged to restore the plaintiff in the housing queue, to reimburse her almost a thousand rubles of legal costs (for the state duty and travel to court), as well as pay compensation for non -pecuniary damage in the amount of 500 rubles.

The mayor of Moscow Yu. Luzhkov, who regularly wins in the capital's courts, lawsuits on the protection of honor and dignity with the payment of non -pecuniary damage, the amount of which is usually not lower than 0.5 million rubles, 500 rubles would definitely not suit. But the teacher immediately after the trial went to the sanatorium to treat health and did not appeal the amount of compensation.

The administration of Lower Odessa has already restored the school teacher in a preferential queue for housing and accepted the executive sheet for payment. But when a woman-pedagogue with 31 years of experience and with indecently small salary below the MRO will finally receive a separate landscaped apartment-a big question. The year of the teacher, about whom with such pathos they talked on TV and wrote in newspapers, is coming to an end. Judging by the example that I talked about, 2010 did not step forward to the implementation of the goal, proclaimed by V.I. Lenin at the beginning of the last century: "Raise teachers to an unattainable height."