We are waiting for Latinina in courtOn October 15th, the “Access code” program featured Latinina sharing her own knowledge on legislation. She did it in her style - without understanding the subject. Whereas in this case Latinina’s incompetence touches upon her own legal perspectives as the accountant in court.
Latinina states that she still hasn’t received a civil complaint from Farid Makhmudov on honor and virtue protection addressed to her and which was taken for legal consideration by the Presnensky court of Moscow. Quoting the journalist, if turn down offenses in my address, her speech says: “in the civil complaint the appealer is to notify the accountant, not the court”.
We can make a conclusion that Latinina will again ignore today’s court meeting taking place at 14 hours.
While Latinina is looking for a legal attorney who could explain to her the Alpha and Omega of elementary legal proceedings and advice to accept Makhmudov’s complaint demands, it seems to me I will have to make clear for Julia Leonidovna what is happening and what can happen.
Firstly, the duty of the appealer to notify the accountant is provisioned in in the Arbitrary court (Article 125, part 3 of the Arbitrary Proceedings Code of the Russian Federation says: “The appealer is to send to other personalities, taking part in the case, copies of the appeal and documents attached to it, if the latter have none or such are absent, by a registered letter with the notification on delivery”).
But Latinina and I are not in the Arbitrary court, but the Court of general jurisdiction, where, correspondingly, the Civil Proceedings code norms of the Russian Federation are valid. Particularly, part 3, article 114 the Civil Proceedings code of the Russian Federation provisions “Simultaneously with the court letter of summons or any other notification, the judge sends a copy of the statement of claim…”
Conclusion. If Latinina still has not received the copy of the statement of cliam, it can only be connected with the court workers being overloaded – everything is clear there. What is not clear is what interferes with her coming to the Presnensky court in visiting hours and simply get acquainted with the statement of claim and documents attached to it? Probably Latinina understands that she was not right in her explicit expressions about Makhmudov and drags time now. But it is not logical as well.
What can happen if Latinina continues to ignore the court? According to Article 167 the Civil Proceedings code, the court is entitled to consider the case by default if one of the parties concerned, which was notified in due order before, is absent without duly notifying the court, or if the court finds the reasons of absence lame.
In our case the accountant publicly claimed that she knew about the statement of claim , the hearing preparation date, etc. We have fixed this fact and can submit it in court. But still we are waiting for Latinina in court.
Informational reference on Fahrudin Makhmudov’s statement of claim to Julia Latinina
On July 30th, a well-known journalist Julia Latinina made a number of statements having relation to my client Fahrudin Makhmudov in her program called “Access code” about a so called case on a Trade Center “Passage”. From the words said by Latinina, messing with the names of participants, referring to non-existing facts and circumstances, as part, followed that everything was clear in the case long ago, the guilt of the suspected was proved, and that Fahrudin Makhmudov, allegedly poses as the leader of the regional criminal gang from the Dagestan.
Makhmudov’s defense decided to file a statement of claim to the journalist on honor and virtue protection. In the statement of claim Makhmudov insists that he has never been charged for criminal actions, has never been imprisoned, and is a family man and a businessman. No accusations of creating an organized criminal gang have so far been done against him.