Founder FBK Alexei Navalny appealed to the constitutional court. According to the statement, which is in the possession , Navalny believes that existing legislation did not allow him to file a lawsuit on protection of honor and dignity to the Prosecutor General Yuri Chaika.
The complaint notes that on 1 December 2015, the Fund of struggle against corruption has published investigation devoted to the business of the sons of the Prosecutor General Artem and Igor Gulls. The authors of the investigation doubted that their capital they earned solely on legal grounds.
Yuri Chaika has called the investigation the FCO ordered and declared that the customer was the head of investment Fund Hermitage Capital William Browder. After that FBC has addressed in court with the claim to the Seagull on the protection of honor and dignity, but the courts refused to accept lawsuits against the production.
Then the Fund Navalny decided to use a fundamentally new legal structure for filing a claim: in addition to the attorney General, the defendants in the new lawsuits was the leading Russian mass media, which aired statements made by Seagulls on the custom-made nature of the investigation the FCO, however, these claims were not accepted.
As noted by Navalny in his application to the constitutional court, the courts refused to consider claims, citing the fact that they challenged acts, which do not affect rights, freedoms or legitimate interests of the applicant”. Bulk referred to the relevant decisions of the Tver and Moscow Basmanny courts that made decisions on the basis of the article “the Refusal to accept the claim” the Civil procedure code (clause 1 part 1 article 134 GPK the Russian Federation).
Navalny is sure that in fact the statements of the attorney General relate not only himself, but also the authors of the investigation and officers of the Fund George Alborov and Lyubov Sobol. Thus, the courts refused to consider claims, violated their constitutional right to access to justice. Navalny asked the COP to recognize a specified rate code of civil procedure was unconstitutional.
As told the representative of the Fund of the Bulk Kira Armys, the complaint was filed through the electronic system on the website of the COP. The representative of the court said that Navalny’s application is not yet displayed in the system of the constitutional court.
Previously, the FCO announced its intention to appeal to the European court of human rights because of the refusal of Russian courts to take action against the attorney General.