The investigative committee of the Russian Federation

The Chairman of the Investigative Committee of Russia holds a personal reception of citizens in need of housing

Mr. Alexander Ivanovich Bastrykin, Chairman of the Investigative Committee of the Russian Federation, held a reception of citizens. The videoconference meeting was attended by Mr. Eduard Valeryevich Kaburneev - First Deputy Chairman of the IC of Russia; Mr. Sergey Nikolaevich Goryainov - Deputy Chairman of the IC of Russia; Heads of Main Directorate Divisions, as well as the Leadership of the Territorial Investigative Bodies, in whose proceedings are criminal cases that have become the subject of attention of the Head of the Department.

The Chairman of the Russian Investigative Committee listened to the Applicants from Volgograd Oblast, Krasnoyarsk Krai and the Udmurt Republic.

Three residents of orphans from Volgograd Oblast complained to the Chairman of the Investigative Committee of Russia about the failure in provision the apartments for them, despite the presence of court order, obliging local authorities to grant them comfortable living quarters in Volgograd. However, the orders of the courts have not been executed up to date, in this regard, the Construction Committee of Volgograd Oblast has repeatedly been brought to administrative responsibility in the form of large-scale fines.

Mr. Vasily Ivanovich Semenov, Head of the Investigative Directorate of the Russian Investigative Committee for Volgograd Oblast, reported to the Chairman of the Russian Investigative Committee that a decision had been made to launch a criminal case in accordance with Part 1, Article 293 of the Criminal Code of the Russian Federation (negligence) in September 2022, but it was canceled by the Prosecutor's Office. Based on the results of an additional inspection in December of this year, a criminal case was launched again on this fact, and the proceeding upon it currently continues. In addition, to date, two criminal cases have been sent to the court on crimes related to the violation of the rights of citizens from among orphans who need housing. Also, five more criminal cases of mentioned category are in the proceeding of the Investigative Bodies of the Investigative Directorate of the Investigative Committee of Russia for Volgograd Oblast.

The Chairman of the Investigative Committee of Russia inquired about the progress of the criminal cases in court and instructed to submit a report on the situation with the provision of housing for orphans in Volgograd Oblast to inform the Head of the region.

A resident of Krasnoyarsk Krai also applied for an appointment with the Chairman of the Investigative Committee of Russia, this citizen not only belongs to the category of children left without parental care, but also has a dependent child. The applicant stated that until the age of majority she had retained the right to use the apartment owned by her grandmother. However, she had no title to the property. She tried to register as a housing needy but was denied by the local authorities.

Mr. Aleksey Leonidovich Eremin, Head of the Main Investigative Directorate of the Investigative Committee of Russia for Krasnoyarsk Krai and the Republic of Khakassia, said that at present, because of the measures taken, the Applicant has been put on the appropriate register. She will be able to exercise her right by obtaining an apartment or a certificate for its purchase. Mr. A.L. Eremin also reported on the progress of the riminal investigation on case launched in accordance with Part 1, Article 286 of the Criminal Code of the Russian Federation (abuse of official powers). Mr. A.I. Bastrykin instructed to give a legal assessment of the officials' actions who had taken the decision to refuse to register the applicant within the preliminary investigation. In addition, the Head of the Department demanded a report being submitted on the need for housing and the order of orphans at Krasnoyarsk Krai for further informing the executive authorities.

Two more Applicants belonging to orphans and children left without parental care category from the Udmurt Republic applied to the Chairman of the Russian Investigative Committee with a request to restore their housing rights. In the case of the first applicant, who has an unfulfilled court decision on the provision of comfortable living quarters, a criminal case was initiated on the grounds of a crime under Part. 1 of Art. 293 of the Criminal Code of the Russian Federation (negligence), but later it was decided to terminate it. The second Applicant's appeals were considered, but no procedural inspections were carried out on the set out arguments, and no criminal cases were launched or investigated.

Mr. Rustam Rashidovich Tugushev, Head of the Investigative Directorate of the Investigative Committee of Russia for the Udmurt Republic, reported that after the intervention of the regional Investigative Directorate, one of the Applicants had been offered accommodation, but it did not suit her due to the difficult transport accessibility and the condition of the entrance of the apartment building. Since the woman refused to receive a housing certificate, work on this direction will be continued. In the second case, the Applicant had previously considered the possibility of obtaining housing in another region where she had studied. However, today she lives in Moscow, and she has decided to exercise her right to receive an apartment in the Udmurt Republic, in connection with which she will be assisted in resolving the issue of housing provision.

The work of the Investigative Directorate in this area was criticized by the Head of the Department. So, to date, a criminal case is terminated. It was launched in accordance with Part 1, Article 293 of the Criminal Code of the Russian Federation (negligence). The territorial Investigative Body decided that there was no corpus delicti in the actions of officials of the Ministry of Construction, Housing and Communal Services and Energy of the Udmurt Republic. At the same time, the circumstances and circle of persons involved in the violation of the housing rights of orphans and children left without parental care have not been fully established so far. In this regard, the Chairman of the Investigative Committee instructed to submit a report on the procedural activities of the Investigative Directorate of the Investigative Committee of Russia for the Udmurt Republic in this area. In addition, Mr. A.I. Bastrykin instructed to prepare a draft information on the state of affairs in the region to inform the Head of the subject.

The Head of the Department noted that the issues of providing housing for orphans and children left without parental care should be under constant control of the leadership of the territorial investigative bodies. At the end of the personal reception, Mr. A.I. Bastrykin announced a number of instructions to the Heads of the Territorial investigative Divisions, as well as Unitsof the Main Directorate of the Department, and he determined the deadlines for their implementation.

28 December 2022 18:35

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