Tuapse inhabitant’s application for reconsideration of town charter rejected by court (Krasnodar territory)

The Tuapse town court of Krasnodar Territory considered the application of Tuapse inhabitant Rustam Tkhagushev against the council of municipal formation about recognition inappropriate of the town charter of the municipal formation «The town of Tuapse» item 14 of item 1 of item 8 of the federal law from August 28, 1995 # 154-ФЗ «About general principles of the local self-management organization in Russian Federation».

As the representative of the applicant Zaurbek Shu explained in his interview to IА REGNUM correspondent, in the charter of the municipal formation of the town of Tuapse (in which territory the radical small people — Shapsugs compactly live) there is no word about protection of its interests as a small people mentioned in «the Uniform list of the radical small peoples of Russian Federation” from March 24, 2000.

In the applicant’s opinion, the discrepancy of the charter to the federal legislation is in absence of obligatory for inclusion in the charter of the rules about Shapsugs as a radical small people (in Tuapse 638 Adygs-Shapsugs live), which interferes with realization of the rights and the guarantees protected by the Constitution of Russian Federation and the federal legislation.

By the decision of the Tuapse town court from April 12, 2007 in satisfaction of the requirements the applicant was refused in complete volume recognizing that during the judicial session to the court it had not become clear, realization of which rights of the applicant the charter of Tuapse interfered. In the court’s opinion, referring of the applicant to the rule of the federal law «About guarantees of the rights of the small peoples» was unreasonable. Besides the court considered that in the life conditions of the modern town the opportunities of conducting any traditional lifestyle both realization of any traditional managing and employment with traditional crafts are excluded.

«We have submitted a claim to the judicial board on civil cases of the Krasnodar regional court; we shall pass all the instances, up to the European court of human rights», — the claimant’s representative Zaurbek Shu declared.

Natpress

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