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Dialogue with High Commissioner. Housing for an orphan

05 October 2017
Dialogue with High Commissioner. Housing for an orphan

Mom and Dad are the closest people in the world, they provide support, and they are like two wings protecting the child from all possible misfortunes. Unfortunately, sometimes a child remains alone in this difficult world, and there is no one to defend his interests.

In July, I was approached by K., a nineteen-year-old graduate of an orphanage who complained of the right to a fair trial violation.

At the age of 3 she was deprived of parental care. Her father died and her mother was recognized as missing. The girl was sent to the Orthodox St. Dimitry children’s home.

A dwelling was assigned to her, but it was occupied by people who were not family members; and guardianship authorities confirmed that it was impossible for K. to live in this living space.

After K. had attained the age of majority, her appeal was considered at a meeting of the City Interdepartmental Commission on Issues of Housing for Orphans and Children Deprived of Parental Care. Despite the established circumstances, the Commission refused to provide her with other housing.

In August 2016, the first instance court ruled in favor of the applicant, finding the decision of the Commission illegal and obliging the City Property Department of Moscow to provide K. with a comfortable living accommodation.

However, the appellate court overturned the ruling. The court of cassation instance also refused to consider the complaint of K.

Having read the materials, I appealed to Chairman of the Supreme Court of the Russian Federation Vyacheslav Lebedev in support of the cassation appeal of K., which she had sent to the Judicial Board for Civil Cases of the Supreme Court of the Russian Federation.

August 29, according to the results of the meeting, the decision of the court of first instance was upheld.

It is difficult to understand what the officials were guided by, making the orphan live in unacceptable conditions. This girl had faced a lot of problems, and I’m glad that I was able to help in solving one of them.

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