2012/11/28 "Right to Social Support Restored!"
  • Press Release 76/1510
  • November 28, 2012

TODAY, November 28, in Leninsky District Court, Perm, the Mother's Right foundation has won a case filed on behalf of the parents of a deceased serviceman, Nadezhda  Gennadievna and Yury Vladimirovich Rasskazov. Their son Dmitry Rasskazov (born 1979) was called up into the army in winter 1999 and was sent to the Guard Regiment belonging to the RF Ministry of Defense, Moscow, which was considered prestigious. While in the army, Dmitry obtained a rank of junior sergeant. Despite the fact that the regiment was considered elite, Dmitry told that sick servicemen didn't receive appropriate medical treatment. Once Dmitry complained about his health to an officer, but the latter waved him aside: "A soldier shouldn't be ill". On May 8, 2001 the Rasskazovs received a telegram reading that their son was in critical condition in Podolsk military hospital. They went to the hospital at once and found their son alive. It turned out that Dmitry had sepsis because of an occipital furuncle. He was allowed to go to the hospital by train only when his condition had become very bad. Doctors said that Dmitry needed an urgent operation, but they couldn't do it in that hospital, and Dmitry was non-transportable. On May 14, 2001 Dmitry Rasskazov died.

Dmitry Rasskazov died in military service. The Territorial Administration of the Ministry of Social Development, Perm, Perm Region, refused to provide the parents of the deceased with measures of social support. The Mother's Right foundation applied to court.

The court divided the case of the Rasskazovs into two parts: the first part was won by the foundation on September 13, 2012 (the court confirmed that the parents of the deceased had the right to measures of social support and obliged the defendant to grant the father a certificate confirming his right; it obliged the defendant to recover the costs for the court duty paid by the Rasskazovs) ; the second part was won today (the court declared illegal the cancellation of the social benefits due to the mother of the deceased; it obliged the defendant to resume providing those measures from October 1, 2011; it confirmed the right of Mrs. Rasskazova to monthly payment from July 11,  2011 and obliged the defendant to recover LA charges - 1000 roubles to each parent). Therefore, the claims of the Mother's Right Foundation in the case of the Rasskazovs were fully satisfied.

The hearing started on November 27, and on November 28 the Court announced a decision supporting the position of the Mother's Right foundation. Thanks to our today's victory, the parents of the deceased will freely receive measures of social support from the moment of the violation of their rights. (The interests of the Rasskazovs were represented by the lawyer of the Mother's Right foundation, Anna Mukaseyeva. She announced our position: the Rasskazovs are the parents of the serviceman who died in military service on May 14 2001. Thus, according to the Act "On Veterans" they have the right to measures of social support. The defendant objected on the ground that Dmitry Rasskazov didn't perish but died, and so his parents have no right to measures of social support. The foundation's lawyer answered that "died" and "perished" are synonyms in this case. During the hearing, the defendant's representative Elena Russakova kept saying, "Why all this?" and "Why don't you want to find a peaceful solution?" Judge Elena Kurnayeva had to remind the defendant, "The stage of peaceful solutions is over".

TODAY, on November 28, the court announced a decision according to which the claims of the Mother's Right foundation were fully satisfied. The parents of Dmitry Rasskazov will receive measures of social support due to them under the law.

 
 

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