Jehovah's Witnesses claim procedural violation in justice ministry's case

[Guest Kurt]

JEHOVAH'S WITNESSES ASK SUPREME COURT TO DEFER CONSIDERATION OF JUSTICE MINISTRY'S LAWSUIT

Jehovah's Witnesses in Russia, 17 March 2017
 
On 16 March 2017, the Administrative Center of Jehovah's Witnesses in Russia filed in the Russian Supreme Court a petition with the request to defer consideration of the Russian Ministry of Justice's lawsuit.
 
Legislation requires that a plaintiff who possesses governmental authority must first inform the defendant and only after that file documents in court. But in violation of this rule, believers learned about the filing of a lawsuit for liquidation (!) of their administrative center from news media, and two days later they still had not received a copy of the lawsuit. In these circumstances, the administrative plaintiff's declaration is subject to deferral inasmuch as the principle of adversarialism and equality of the parties of the administrative judicial proceedings has been grossly violated. 

DOCUMENT
 
To the Supreme Court of the Russian federation
Judicial College for Administrative Cases
First instance
Povarskaia ul., bldg. 15, Moscow, 121260
 
From the Religious organization "Administrative Center of Jehovah's Witnesses in Russia,"
ul. Srednyaya, bldg. 6, Solnechnoe, St. Petersburg, 197739
 
Re: Declaration of the Ministry of Justice of the Russian federation for finding the religious organization "Administrative Center of Jehovah's Witnesses in Russia" to be extremist, for prohibiting its activity, and liquidation
 
Case AKPI17-238
 
PETITION
regarding the noncompliance with the rules of filing an administrative plaintiff's declaration and for deferring the lawsuit
(in the procedure of point 1, part 1, article 126 and article 130 of the Code of Administrative Judicial Procedure of the RF)
 
On 15 March 2017, the religious organization "Administrative Center of Jehovah's Witnesses in Russia (hereinafter Organization) became aware from information posted on the official website of the Supreme Court of the Russian federation that the Ministry of Justice of the Russian federation had filed in the Supreme Court of the Russian federation an administrative plaintiff's declaration for finding the religious organization "Administrative Center of Jehovah's Witnesses in Russia" to be extremist, for prohibiting its activity, and liquidation.
 
Point 1 of part 1 of article 126 of the Code of Administrative Judicial Procedure of RF imposes on an administrative plaintiff the obligation to attach to the administrative lawsuit a notification about delivery to other persons involved in the case of copies of the administrative plaintiff's declaration and of documents appended to it. Similar requirements are stated in part 5 of article 262 of the Code of Administrative Judicial Procedure.
 
The obligation of sending the aforesaid documents to other persons who are participating in the case derives from the requirements of part 7 of article 125 of the Code of Administrative Judicial Procedure of the RF, imposed on the administrative plaintiff who possesses governmental or other public authorization.
 
In violation of these rules, the Ministry of Justice of the Russian federation, acting in the capacity of administrative plaintiff possessing governmental authorization, when appealing to the court did not provide to the Organization copies of the administrative plaintiff's declaration and documents appended to it.
 
By virtue of part 1 of article 130 of the Code of Administrative Judicial Procedure of the RF, the administrative plaintiff's declaration that fails to comply with the requirements of articles 125 and 126 of the Code of Administrative Judicial Procedure is subject to deferral of consideration.
 
By virtue of point 7 of article 6 of the Code of Administrative Judicial Procedure of the RF, an administrative judicial proceeding is conducted on the basis of the principle of adversarialism and equality of the parties of the administrative judicial proceeding. The principle of equality of the parties requires that each of the parties be allowed reasonable opportunity to present its case in such conditions in which neither of the parties has a clear advantage (Ruling of the Constitutional Court of the RF of 12 April 2005 No. 113-O).
 
The court's advancement to proceedings of the case before the defendant's receipt of the pertinent administrative plaintiff's declaration will be evidence of the violation of the principle of the equality of the parties, which is enshrined in law.
 
In light of the foregoing and guided by part 7 of article 125, point 1 of part 1 of article 126 and article 130 of the Code of Administrative Judicial Procedure of the RF:
 
the Organization ASKS THE COURT:
 
To defer consideration of the administrative plaintiff's declaration of the Ministry of Justice of the Russian federation (AKPI17-238), filed on 15 March 2017 for finding the religious organization "Administrative Center of Jehovah's Witnesses in Russia" to be extremist, for prohibiting its activity, and liquidation.
 
In the event that the administrative plaintiff poses the question of applying measures of preliminary defense, to consider it with the participation of the Organization, since such measures undoubtedly affect the rights of more that 200,000 Russian citizens who profess the doctrine of the Jehovah's Witnesses and who are living within all constituent entities (subjects) of the Russian federation, from Kaliningrad to Kamchatka.
 
With respect,
I.A. Troshin
Representative by proxy
16 March 2017
Appendix: copy of power of attorney
Russian original posted on website of Administrative Center of Jehovah's Witnesses in Russia,