Russia’s constitutional court examines the complaint of three women: they are trying to get an apartment in Moscow, since their parents during the repression of the 1930-ies were deprived of this property. And there is a law guaranteeing this, but in practice for the right of the pensioners have to fight. Read more at the St. Petersburg online newspaper “Fontanka”.
Photo: Reuters
Oct 22, 2019, the constitutional court of Russia for the second time in its history has considered the complaint of victims of political repression (the first was in 1995). Authorities at the Federal level caution: he may be the last, because in a while, and will defend nobody. For officials of the capital, however, and it’s too — “not rubber!”.
— I was born in banishment in the Kirov region. The mother was exiled from Moscow in 1941, on a national basis — stood behind the podium Alice Meissner, but a brisk beginning almost immediately came to naught, way too personal and it still hurts.
She just turned 69. The mother was deported as a German woman, mobilized in the forest industry in banishment in Darovskoe district of the Kirov region. Alice Meissner was born and still lives there. Along with 69-year-old Eugenia Chaseway from the village Ismail the Komi Republic and the 71-year-old Elizabeth Mikhailova with siding Zolotkovskaya Vladimir region it contested legislative provisions that do not allow them to return to the city parents — Moscow.
The Russian law “On rehabilitation of political repression victims”, article 13 guarantees to the victims of the tyranny of the totalitarian state and the mass persecution, which under the Soviet regime since 1917 were subjected to for their beliefs, for social and national grounds, the right to return to the cities where they lived before the repression, and to obtain housing. This right also applies to children born in exile.
The compensation is left to the mercy of the regions and, according to the applicant, in vain, because Moscow through Federal legislation if crossed.
The norm of the capital law “About ensuring the rights of residents of the city of Moscow to housing” sent repressed in a common place and put up a barrier of conditions, which lawyers call impossible. Applying for an apartment from the state in the capital need to overcome the 10-year “residency requirement,” to be poor and not to owning other housing.
— Just to get the housing allowance, they need to come to anywhere and live ten years without his housing and ability to buy it. This is a classic case of illusory rights. Even if by some miracle they will stand in line today, according to our calculations, to wait they will have 33 years, says representing the interests of the applicants Gregory Lipman. To get the housing allowance could not one.
Have Mikhailova is an apartment, which belongs to the daughter. Chaseway owns half of the apartment is 64 sq m and another in 69 squares on the right of use. The Meissner apartment with 32 square and one she enjoys, the employment contract concluded with the former spouse, has denounced the Complainants representing the Moscow government Vladimir Landa.
But the apartment the apartment strife. Elizaveta Mikhaylova to the question about the apartment sneered: a room in a wooden house with unstable floors and a rickety roof where even the Foundation was laid for yourself. She lives with her daughters. Applicant’s pestered ships, reached the Supreme court, but understanding have not met. In constitutional, they say, came for justice.
— You know, I was asked in the courts, and to you-how the persecution of treat?.. But actually in the same settlement of the Gulag, where he was serving a sentence father, I spent my childhood, is that the towers and barbed wire around the perimeter was not. Since the age of five knew that the hills in the woods were the graves of prisoners — took the word Eugene SALEWA and also unable to cope with the emotions: — it is Very painful when people who have not been through it, not feeling it, they will say that in my 70 years I have to wait another 30. And these are the same people who are talking about memory on the opening of the next memorial. For them it is a stone, but for me the face of my grandfather, father, mother, who was taken to a labor camp in Poland, and then received six years of strict regime.
Her father wanted to return to Moscow, collected the documents. To rehabilitation, he did not live and, says daughter, it may well: not have another 16 years to prove that you have the right to return to his hometown.
— I want to believe that after 56 years I will be able to fulfill the will and desire of his father, will be able to seek justice.
Representatives of the Moscow government and the Moscow city Duma, except that the shoulders didn’t shake: all constitutional. A by-law adopted in accordance with Federal, according to which the repressed housing to provide necessary, but (after amendments that came into force in 2005) — not as a matter of priority. Everyone I ask in the General queue. And change the order feel uncomfortable — financially and socially.
— Priority housing for victims of repression without taking into account the needs will increase the queue and will infringe upon the rights of those who it is already — predicts the negative impact of the exemptions the adviser of legal Department of the government of Moscow Vladimir Landa. The transfer of children of the Gulag in a different place, too, they say, is impossible: it is closely will be for veterans of the great Patriotic war and individuals with chronic diseases.
Call the number of applicants to the Department of accounting representatives of the city government found it difficult, but predicted: whatever it is, but it’s worth giving up the slack, and the number of appeals will increase “in the tens or even hundreds of times.”
— So, how many of you just on account of needing? — tried to get at least some specifics, the representative of the applicants, but did not succeed.
— The problem is not how many them and how their rights provide. In Moscow, by the way, the queue moves faster. And when the current mode is balance.
Representatives of parties and signatories to the law “On rehabilitation”, in its constitutionality is unanimously never questioned. According to them, it is the realization of the rights does not interfere, but Moscow, it seems, made a blunder: instead of having to define a special procedure of the repressed, pushed them in the General queue.
— I the radical Petersburger. I’m surprised to hear that the representatives of Moscow are unable to disclose the scale of the problem. In St. Petersburg in 2003 on the housing of claim 98 families of the repressed. Not so much — away from the regulations of the Plenipotentiary representative of the public Prosecutor in KS Tatyana Vasileva.
As said the representative of the Ministry of justice, Moscow — the only region where between the repressed and the apartments are such hard conditions. For example, in St. Petersburg, the Jewish Autonomous region, Astrakhan, Smolensk areas and housing, and provide subsidies on the basis of documents on the rehabilitation.
— We in Petersburg also have a residency requirement, and the same standards of the Housing code was rewritten in city law, but the repressed are separately made by the Council under RF President on development of civil society and human rights Natalia Evdokimova could not resist: — Shame on you, colleagues, as is the rich subject.
— The city budget — about a trillion, do not a few hundred, even thousand apartments to provide to people that we broke life? We are the state, added the expression of the Plenipotentiary of the government of the Russian Federation Mikhail Barshchevsky and also could not resist personal: — as a Muscovite. My grandparents lived in two rooms in three-room apartment on Tverskaya. Room like a neighbor, in 1937, he was told. On questioning, the grandfather acknowledged that made anti-Soviet organization of: Serafimovich, Sholokhov, Fadeev, Maxim Gorky. His six months shot. Grandma was Deputy Prosecutor of Moscow, so the first ten days she was not beaten, and then released. In 1937 my father was 14 years old, and he was left on the street. My son is now 14, and I have no idea… — was interrupted Barshchevsky and stretched to a soothing glass of water.
— The government broke my life. And today, the government finds legal hooks: we’re not responsible, you mean, it’s not that we were… These people came to you with the trouble. Try to make unemotional decision — he turned to the judge Valery Zorkin.
To abandon the emotions, the COP is about a month.
The law “On rehabilitation of victims of political repression” was passed in Russia in 1991. Four years later, the constitutional court issued the first and only ruling. In accordance with the status of victims of political repression were also the children who passed the link along with their parents. According to the presidential Commission for rehabilitation of victims of political repression, on January 1, 2019 in Russia, home to about 530 thousand repressed. Two years ago the figure was 60 thousand more.
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