- Press Release No. 06/1342
Today, February 15, the Mother's Right Foundation won the case of Elena Vladimirovna and Yuri Mikhailovich Potapov in the Dovolensky District Court, Novosibirsk Region. Their son, Mikhail Potapov (b. 1991), was called up for military service on June 15, 2009 though he suffered from a heart decease. People with such decease should not overwork. Mikhail served in M.U. 3478 for over a month and died on July 22, 2009. Misha died of the decease with which he had been drafted into the army. The Social Defense Department of the Dovolensky District, Novosibirsk Region, denied the parents of the deceased the certificates confirming their right to measures of social support. The Mother's Right Foundation filed a lawsuit and won the case on September 15, 2010 but on November 16, 2010, the Novosibirsk Region Court cancelled the decision issued by the Dovolensky District Court and sent the case back for retrial. It started on February 9, 2011 and ended with the foundation's victory on February 15.
The interests of the parents of the deceased were represented by Anna Mukaseyeva, the Mother's Right Foundation lawyer. She stated the foundation's position: the court of cassation instance agreed with the decision of September 15, 2010 in the part stating that the decision should be determined by the wording "in military service", not by the choice between "died" and "perished". The panel of judges emphasized the fact that the parents of the deceased had not reached their retiree age which was an obstacle to their right to measures of social support. The Mother's Right Foundation refuted the statement. According to Art. 21 of the law "On Veterans", parents of a dead serviceman have the right to measures of social support irrespective of their dependent status or pension or salary.
The defendants were represented by Valentina Avramovna Subbota, head of Social Defense Department of the Dovolensky District; Viktor Sergeyevich Cherkasov, expert of the Social Development of the Novosibirsk Region; Julia Alexandrovna Elistratova, expert of the Pension Department of the Dovolensky District, Novosibirsk Region. They persisted that the parents had no right to benefits because their son had "died", not "perished".
Today, after hearing the parties judge Larisa Alexeyevna Lukina issued a decision satisfying the claim filed by the Mother's Right Foundation.