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Adygea сitizen’s right to judicial protection reinstated

29 July 2016

With the assistance of the High Commissioner the right of a citizen of Adygea to judicial protection has been reinstated. On 28 July, the Presidium of the Supreme Court of the Republic of Adygea vacated the ruling of the Tahtamukaysky District Court and the decision of the Judicial Chamber on Criminal Cases of the Supreme Court of the Republic of Adygea. The action was withdrawn for the absence of elements of a crime.

The chairwoman of a gardeners' non-commercial partnership was charged of embezzlement and sentenced to deprivation of the right to hold executive posts in social organizations. She did take the money from the fund of the gardeners' non-commercial partnership, but by common decision of the joint owners’ meeting and in order to pay out a fine. The fine was imposed because of a persistent nonpayer’s complaint about the cut-off of electrical energy from his land lot and, although the decision about the cut-off was made jointly, only the chairwoman was affected.

Fully realizing unfairness of the situation, the woman sent in an appeal and a cassational appeal. However, the decision of the district court remained valid and the transfer of her cassational appeal was rejected. At this particular stage the High Commissioner got involved into the case having sent a request to the Chief Justice of the Supreme Court of the Russian Federation to investigate the enforced court ruling.

The Supreme Court of the Russian Federation denounced the order of refusal to transfer the cassational appeal and ruled to forward the complaint of the petitioner to the Presidium of the Supreme Court of the Republic of Adygea for consideration of the case in the court of cassation. As a result of the last court session the decision of the district court was overturned, the case was closed and the chairwoman of the gardeners' non-commercial partnership will be able to keep her post and good reputation.

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