Yesterday the Charter Court of St.Petersburg refused to examine
the complaint of Maxim Reznik, the leader of St.Petersburg
YABLOKO branch. Reznik claimed the resolution of the St.Petersburg’s
government on construction of 403 meter high Okhta-Centre
and a number of legislative acts should be cancelled. The
Charter Court as well as Public Prosecutor preferred not to
interfere into the scandal around Gazprom’s skyscraper Okhta-Centre
and wait until “a general jurisdiction court makes its judgment”.
Reznik applied to the St.Petersburg’s Charter Court claiming
that the resolution of the city government headed by Governor
Valentina Matviyenko was unlawful as allowed Gazprom to construct
at 403 meter high skyscraper prohibited in the historical
part of the city. Also Reznik asked to cancel several normative
acts (on regulation of city construction and public hearings)
that served as a basis for the scandalous resolution.
Yesterday the Charter Court of St.Petersburg refused to examine
the complaint stating that it “can not” to examine these issues,
as, in accordance with the amendment to law on the Charter
Court initiated by Governor Matviyenko, the citizens are allowed
to dispute in court only laws, but not normative acts. However,
the court completely neglected its own resolution stating
that such curbing of the rights of the city dwellers was unacceptable.
Also it should be noted that the decision of the Charter Court
is final and binding.
Another argument set forth by the Charter Court is even more
contradictory. The court indicated that it can not examine
the resolution, as the latter was not a normative act and
only contained some “individual legal instructions”. However,
the document refers to a deviation from the allowed parameters
in construction (i.e., change of legal norms constituting
an integral trait of a legal act), and its application affects
not only Gazprom, but a broad circle of persons, including
construction companies and the residents of the city.
Thus, it becomes clear that the court headed by Natalya Gutzan
does not dare to openly confront Gazprom and Governor Matviyenko.
Reznik also stated that the court “financed by St.Petersburg’s
taxpayers violated their right to relief in court and also
cancelled its own practices.” Reznik also promised that this
complaint will be sent to the court again from five deputies
of the Legislative Assembly (as in accordance with the law
on the Charter Court that have the right to dispute the decisions
of the city government). And it would be difficult for the
court to turn down their complaints.
See also:
The original: www.spb.yabloko.ru
Initiators
of the referendum on Okhta-Centre to appeal St.Petersburg
parliament’s ban on the referendum in court. Press Release.
December 24, 2009
Human
Rights
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