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The Guarantor without GuaranteesArticle 82 of the Constitution of the Russian Federation says: «As acting President of the Russian Federation, I pledge to respect and protect rights and freedoms of every person and citizen …» Vladimir Putin has sworn to perform the acts he is not able to execute. He neglects the violations performed by the legislative, executive and judicial authority. Though he is the guarantor of the Constitution of Russia but he guarantees the protection of citizens against excess of bureaucracy only on paper. Vladimir Oleynikov might be one of the few courageous enough to file a lawsuit. He insists on open proceeding filing a lawsuit against president as the guarantor of the Constitution who has violated his duties. Plaintiff Oleynikov has written several letters and statements of action to President asking for assistance in claiming the debt. Mr. Oleynikov requested help in dealing with bureaucracy and officials. But the result of his appeal was quite unexpected: a letter was sent to the Office of Public Prosecutor of the Khabarovsk Territory (Krai) insisting in making Mr. Oleynikov answerable for violation of the law. This demand was made by Mr. Salimov who wrote an official answer on behalf of the Office of Public Prosecutor of Khabarovsk. The answer of the Office of Public Prosecutor of the Russian Federation directly states, that all actions and acts of arbitration courts are not subject to the Office of Public Prosecutor of the Russian Federation. Apparently Russian courts refuse to recognize the president of the Russian Federation as the guarantor of the Constitution. By the year 2002 official and judicial bureaucratic ’mockery’ had reached its peak and Oleynikov decided to file a lawsuit against Mr. V. V. Putin. Mr. Oleynikov sent a writ to the Moscow City Court designating as defendant Mr. V. V. Putin, the guarantor of the Russian Constitution obliged to protect the rights of the citizens of Russia both at home and abroad. The Moscow City Court re-directed the writ to the district court of Khamovniki. Moscow and informed Mr. Oleinikov of that in the written form. The district court of Khamovniki, Moscow did not answer Mr. Oleinikov at all which is the violation of Article 133 of the Civil Code of the Russian federation. In March 2004 Mr. Oleynikov sent a telegram to the district court of Khamovniki, Moscow demanding an explanation of the reasons of postponing his lawsuit. No answer was given. Then Mr. Oleynikov had to write a letter of inquiry to the Moscow City Court. It was only with the help of the attorney that Mr. Oleynikov managed to get an answer from the district court of Khamovniki. The answer stated that the writ was abjudicated as there was no defendant. The date of the letter was marked as written four months ago which made it impossible to appeal against a court decision. According to the rule such appeals should be made within ten days. Improbable as it might seem that is the true fact. The Moscow City Court directs the writ to the district court of Khamovniki (Moscow) and two years later the district court of Khamovniki says that President of Russia is not available and nobody knows where he is. Mr. Oleynikov had been writing numerous letters of complaints and inquiries to the Moscow City Court before he managed to get an answer. The answer contained the information of the address of the main office of Mr. V. V. Putin, President of the Russian Federation, the guarantor of the Constitution. On November 16, 2004 Mr. Oleynikov filed a lawsuit again writing a writ addressed to Chairman of the Tver district court of Moscow city. The defendant of the writ was designated, he was the guarantor of the Russian Constitution V. V. Putin. According to the mail notifications, both the court and the defendant received the documents, but the proper time of handling the case was neglected which was the violation of the Civil Code of Russia. It is difficult to adhere to the law when personal well-being matters most. «Before the law all are equal», the Roman postulate says. It’s a shame but in Russia the phrase does not mean anything much. Bureaucracy and red tape is limitless. Though Russia teaches how to live, and claims to adhere to democracy, but one just wonders whether she is capable of creating a constitutional order at home.
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