Norms of bureaucracy per capita.
Norms of bureaucracy per capita.
The Swiss lawyer with the Russian citizenship offers
The recipe against chinovnogo an arbitrariness.
VEINS yes the old man the fisherman existed. It was fair, to work is eager,
Liked above all the Russia-mother. Also it was broken off
Its heart from a pain when saw, what difficult share has dropped out it
Native storonushke. As torment her, darling, the tsarevy servants.
As they steal yes zhirujut, and to fair people - to poor muzhiks
Easy to work do not give.
The author of this new version "Fairy tales on the fisherman and a small fish" - the lawyer
Charles Ekshtajn. And if its trade to define not difficultly,
Has more difficult put is with a national identity. Prior to the beginning
Last autumn Charles Ekshtajn was the Swiss. Since September it -
The citizen of the Russian Federation. That has pushed on so sweeping change in
Lives of quite safe European? Mister Ekshtajn
Explains the act 19-year-old stay in the country, to which
It has become attached and has got used and where it manages to apply the
Professional knowledge and experience, helping the western businessmen
To accustom in the original Russian market. And still - desire
To promote lawful state formation in quality not
The detached onlooker, and most that on is the interested
The citizen of new Russia. And the main care Charles
Ekshtajn the adoption of law about administrative procedures names.
In transfer with legal on ordinary language it is a question about
Regulation of relations between the ordinary citizen and the official.
However, we will meet further with composed Russian-Swiss
The lawyer a fairy tale.
There was somehow an old man on coast of Volga-mother. And uvidala it
The small fish gold, has taken pity it over the old man. "Do not mourn, the old man.
I will help your trouble. The old man was delighted and has thought up the first
Desire: "Make so, that to all fair people, who the work
Bread to extract wants, servants imperial did not stir ".
The small fish starikovo has executed desire - it in Russia has entered the law,
Yes not idle time, and about administrative procedures.
Let's interrupt once again a fairy tale to listen to Charles Ekshtajna.
Here he considers what rules "good":
- We will follow the most simple example. On what only to occasions with
The Russian citizens are not demanded by different inquiries and documents. But in
Any demokraticheski the developed state there are principles
Mutual relations between ordinary people and officials, and these
Principles are based on the constitutional guarantees of fundamental laws.
Let's tell, you have lost the passport, come to militia and is not simple
Speak, and fill the questionnaire where specify all data about itself,
And their reliability confirm with the signature. And all - you the business
Have made, and to you are obliged to give out the new passport. If at the official
There are any doubts not you should dispel them, and it
Itself, having addressed (on that and the power is given it!) in department of a registry office or
Other establishments. We will admit, it was found out, that the bearer of the statement
Has given obviously false data. But then it is threatened already with the criminal
Responsibility.
I will result also other examples. If the citizen addresses in
Any department, and the question mentioned in the statement, is
Outside the limits of the competence of this department, officials on it
The basis have not the right to reject the statement and are obliged independently
To find out, what state body is competent to solve
The brought attention to the question, independently to carry out readdressing,
Having notified the citizen where its statement is passed.
Or you address in authority for permission reception on
This or that kind of activity. Officials should not drive you on
To different instances! The tax corresponding inquiry of all suffices
Only in one establishment. If others be involved
The state departments to notify them on it it is made in
Duty to that authority which has accepted your statement.
Have wanted to open firm? Hand in the statement only in one department.
And it is already obliged to address in tax inspection, Pension
Fund and to that similar structures to inform them on opening
New firm and to register it.
By the way, wrongfully and to force citizens personally to be in
The state department to receive there this or that
The data card to hand in the statement or to present documents. All it
It is possible to make by mail.
Besides, any decision of official body should
To be proved in written form. Each of us has the right to know, on
What basis of the legal certificate this or that decision is passed. And
The official body besides is obliged to specify, where and in
What terms the given decision can be appealed against.
Especially would like to tell about an interdiction for application of the senseless
Norms. As you understand, almost for two decades of a life in this
To the country I got to different scrapes. I flied somehow to Sochi, have handed over
The suitcase, has received a label. I arrive and find out, that a label
I have lost the. Absolutely fairly the controller does not let out
Me as I cannot show the document on the luggage. But
Here all passengers dispatch, remain I, my suitcase and the controller.
Unless it is not clear, what other applicants for this suitcase are not present?
The controller refers to the instruction, I - on common sense, and stood
We so long if I have not given it 10 dollars. The problem was
It is there and then solved. As a matter of fact this situation is reproduced on everyone
To step: that the press not round, but triangular or on the contrary,
Any typing error - street Lemina, instead of Lenin... Clearly, that
It is a pure formalism, and not I should correct errors
State employees. For this reason in civilised as here speak,
The countries the principle, according to which any legal certificate operates,
Whether it be the law or the instruction, can be interpreted and applied
Only in strict conformity with its sense and a main objective, and
Administrative bodies should correct obvious errors.
But give dorasskazhem a fairy tale on the fisherman and a small fish.
The old man has thought of the second desire: "Make so, razljubeznaja
Small fish that to all kind muzhiks yes to women, that the business correct,
From dashing people strong protection was led ".
The small fish starikovo has executed desire - and there was in Russia a strong
And incorruptible court. The small fish has taken care of, that all three branches
Imperious for equal on force were esteemed. She has divided between them so
Money state that also the kind share has come to courts. She has created
New court - administrative yes specialised.
Also has thought then the old man of the third desire: "Make so,
razljubeznaja a small fish that darling we storonushka is great and strong
Became and that its laws and commands of judges Russian not to execute
Anybody and to think is not dared ".
The small fish and it starikovo has executed desire. It has got in Russia
Strong police. poumenshila it first of all numbers policemen,
And that on service remained, the salary good has defined.
Money in a prosperity for patients, old was got in the state and
The poor. Children also have thrown small all overseas wonders like Volume
And Dzherri, have again recollected about CHeburashku. It began to learn children
To good and geniality...
Here and a fairy tale the end. According to genre laws, all in it
Comes to an end safely, bureaucrats and officials are put on
The place, and the people exults. In a real life all is much more difficult.
- In Russia till now is not present the law on the administrative
Procedures, the corresponding principles developed in
Decisions of the higher courts, - Charles Ekshtajn speaks. - Therefore
Officials feel absolutely free in registration
Bureaucratic procedure. For the citizen it is created so much
Artificial barriers that he has understood: without their bribe not
To overcome. Is better a situation Russian saying illustrates:
"Prove, that you not a camel!".
And after all it is necessary to prove. For example, to issue after
Introductions into marriage the driver's licence of my wife on the new
Surname, 12 various documents, in that were necessary to present to it
Number the inquiry, that it is not pregnant! And found militia
The stolen car of my employee after that even 6 months
(!) Was in a computer database of searched cars,
That, clearly, deprived of its possibility to use the personal
Transport.
Your newspaper, by the way, wrote recently about hunger-strike of working women by one
Provincial factory which cannot receive pension,
As all financial documents have burnt down at a fire of 10 years
Back. Unfortunate women cannot confirm the rights on
Pension and consequently receive it in the minimum size. Here to you still
One case when not they, simple citizens, and the state should
To incur restoration of documents. You can mind: and
If working women name the inconceivable sums of the earnings?
But, as in any action of proceeding, there are witnesses, there are indirect
Proofs. When it is a question of a crime, it after all
There is enough to pronounce a sentence. Why in a case with
Such principles do not operate with pensioners?
Here, that is called, for power became insulting, and I have blamed
To Charles Ekshtajnu on that, as the West is not innocent on the bureaucratic
Field. Has referred, in particular, to own experience of several
The years spent in official journey to France. Once in
To the Parisian prefecture where I have come behind the visa on departure from the country,
From me have demanded physical presence of the son entered in mine
The passport. What for? After all it now at school? These naive questions
Have called spiteful reaction sluzhitelnitsy an official-visa cult.
"And I should be convinced, that it is still live", - I have received in the answer.
- All is correct, - Charles Ekshtajn has told, having heard mine
The heart-breaking story. - you have named France, and it is that
The country where there is no law on administrative procedures. Certainly,
That lady from prefecture if it was overcome by suspicions, should
Itself to call in school and to ask, whether there is at them such pupil. And
In general I do not wish to tell, that in the Western Europe all is ideal. At
Any bureaucracy where it was, there is a temptation
To use the position, the if want,
The superiority over the ordinary citizen. But law presence nevertheless
Limits an arbitrariness.
As to Russia, here such law - vital
Necessity. At least because vestiges of the planned are strong still
Economy at which the state supervised all and all.
The law on administrative procedures will not simply adjust
Relations between the state bureaucracy and citizens, it
Will create that in Russia name an investment climate.
I will dare to result one more case from my practice. My uncle
- The financial head of one large German concern.
For the first time has arrived to Moscow as has wanted to invest in
The Russian motor industry. Has lodged in hotel
"Balchug", has given the passport on registration, and I have led it on walk
On a city. We go on parkway, towards the militiaman. Has seen two
Well dressed foreigners also has asked documents. The western person
Has not got used to go with the passport, besides the uncle has handed over it in
Hotel. We explain to the militiaman. It: "About, it should be checked up". We
To it: "Well so call in"Balchug". No, it is necessary to pass in the militian
Site. There us long detained, and have then told: from you the penalty 200
Dollars. We have given 20 without any registration and have easy left
Militian post. As a result the uncle has told: "To be put in the country,
Where with you so manage? No, I not the fool ". Also has left. It seems,
For ever.
The former Swiss, and nowadays Russian Charles Ekshtajn has written
Fairy tale. Also wishes to make it bylju. Has for this purpose founded fund
"Constitution", has made a bill about the administrative
Procedures, lets out textbooks under human rights for high schools and
Lawyers, and also for schoolboys... Also rests against a blank wall
Official resistance to any attempt at sources of incomes
For mzdoimtsev on gosudarevoj to service. Though it is convinced: its time still
Will come.
Vitaly Dymarsky.
<$>
//* an information Source: the Russian newspaper, 25.01.02
//* Reg. Nom. - 1120100245.94-------------------------------------------
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