From: MSN NicknameEagle_wng  (Original Message)    Sent: 1/15/2008 5:25 AM
Sochi deputies cancelled privileges of peoples of North, Siberia and Far East
14.1.2007
     

The Sochi town assembly on December 11 passed the decision about cancellation of the privileges under land tax for the peoples of North, Siberia and the Far East. The new "Order about the land tax" inures; in it they are not mentioned any more, "since January 1, 2008, but not earlier, than in month from the date of publication", that is, on these days.

"The litigation under the applications of Hariet Tesheva and Islam Napso about cancellation of that absurd situation had taken place in Sochi on December 2, - the chairman of the Youth lawyers union of Adygeya Aidamir Tkhagushev explained. – The court, as we remember, rejected the applicants in this part of their requirements. And in nine days the deputies cancelled it, having renamed "Rule about the taxes in Sochi town" into "Order about the land tax".

As a whole, in his opinion, it was a prudent course of the town authorities trying to avoid a public resonance. Nevertheless, the victory on the legal field - though it was rather small, besides veiled - remains the victory. It proved that the rights of the indigenous small people – Shapsugs - can be protected with the help of the judicial processes.

"That victory was won by very few persons, - he also said. - As all the Shapsugs are indignant of inactivity of the law. But when the question is about protection of the right by lawful ways, majority of people prefers just to observe. Meanwhile, if as the applicants could be not only few persons, and many, that circumstance would get such victories easier and faster".

"According to the rule which had lost now its juridical force, - the representative of Hariet Tesheva and Islam Napso in court Zaurbek Shu told, - Persons from among the small indigenous peoples of North, Siberia and the Far East were released in 100 % in Sochi from payment of the land tax in relation to the land, on which they would be engaged in traditional managing and crafts. The court rejected in satisfaction of the requirement of the applicants, in spite of the fact that it contradicted the federal legislation by two criteria".

According to the interlocutor, the deputies had no any right to give up those privileges of the specified category of the citizens because the lands of Sochi were not the autochthonic area of habitation of representatives of the peoples of North, Siberia and the Far East. And on the contrary, the same privileges were necessary for the small indigenous people of Krasnodar Region living, in particular, in the territory of Sochi - for Shapsugs.

"One thing is when these privileges are cancelled by court, and such verdict’s execution appeared to be the duty of the town assembly, - he said. – Quite another thing is when the deputies do as though independently. Thus, the court, not having cancelled the verdict concerned the rule about the taxes, allowed the town deputies to save their faces".

"Taking into account this decision of the town assembly, - the interlocutor continued, - we can summarize the results of the litigation on December 2. Now from among five items of the applicants’ requirements three are executed. But in spite of the fact that the most part of the requirements was satisfied, we shall continue our judicial process. It would be not logical, having achieved a partial execution of the federal law in Sochi, to calm down with it".

The privilege, he reminded, did not give an opportunity to use it in any way by representatives of the peoples of North, Siberia and the Far East in the territory of Sochi. Those privileges can be given to the persons from among the small indigenous peoples right in the places of their historical residing.

On the other hand, as he said, it became a tool in the hands of the Sochi officials for refusal to Shapsugs, though they were registered in "Uniform list of the indigenous small peoples of Russian Federation" on Krasnodar Region and live in the territory of Sochi.

So, in usual formal replies of the local tax service it was stated the following so far: "The Interregional inspection of the Federal tax service of Russia #7 across Krasnodar Region to your application informs that according to item 2 of the item 1,2 of the Law of Russian Federation "About payment for land" and Decision of the Sochi town assembly # 348 item 7 of item 14, from payment of the land tax the physical persons belonging to the indigenous small peoples of North, Siberia and the Far East of Russian Federation, as well as communities of such peoples in relation to the land areas used for preservation and development of their traditional lifestyle, managing and crafts are released".

Refusal followed further: "You can not use the privilege of payment of the land tax according to the above-stated legislation, as you do not concern to this category of physical persons".

"It turned out to be just like it was said in a northern joke, - Zaurbek Shu said in conclusion of his comments, - "the deer is always right", even in the south of Russia. And only now we know that of the deer’s not always right, including in such town as Sochi".

"Caucasian unit" had informed earlier that Hariet Tesheva and Islam Napso had started undertaking measures for realization of the natural interests in the summer of 2006. At first they addressed with letters to various instances, including to the head of the town Victor Kolodiazhny, as well as in the Sochi Town assembly.

From every instance they received negative replies. The Sochi Town assembly became the only instance, whence a reply had not received so far.

In the autumn of 2006 Hariet Tesheva and Islam Napso submitted the applications to court of the first instance. During that litigation they won the juridical process in the Judicial board on civil cases of the Krasnodar regional court. Now they again direct a cassation complaint - to the Krasnodar regional court - against the decision of court of Sochi from December 2 of the last year demanding consideration of their case.

NatPress

http://www.natpress.net/stat_e.php?id=3201