Saturday, July 6, 2013

Academics are preparing to file a lawsuit in the Constitutional Court - Proceedings

Academics are preparing to file a lawsuit in the Constitutional Court Photo: ras.ru

Lawyers of the Russian Academy of Sciences began preparing a class action, which will be formally submitted to the Constitutional Court within the next month. Academics want to challenge the government initiated reforms, which they claim is aimed at “the elimination of the Russian Academy of Sciences, and science in general.” The statement has already agreed to sign up 60 people, and the list is constantly updated, told “Izvestia” a union of Sciences.

grounds for filing a lawsuit were the results of due diligence carried out by members of the Academy of Sciences.

– We in the hands of violations of applicable laws, confirmed by examination of a member of the Advisory Board to the Chairman of the State Duma, director of the Institute of State and Law of Andrei Lisitsyn-Svetlanov, – said the head of the Russian Academy of Sciences Viktor Kalinushkin union.

official list of violations of the constitutional rights of Russian Academy of Sciences and its members as well as non-conformity with the laws of the Russian Federation reform presented by the author in the form of abstracts.

In general, according to academicians, the law violates Article 44.1 of the Constitution (“Everyone shall be guaranteed the freedom of literary, artistic, scientific, technical and other types of creative work, and teaching. Intellectual property is protected by law”).

«The bill is in conflict with the undeniable value that is fixed in the Constitution – freedom of scientific research,” – said the expert examination.

Another violation of Article contains. 19 of the draft law on the Russian Academy of Sciences, which instructs the close of the old Academy, and creates a new one, which eliminates the principle of historical continuity and legal structure created by Peter I, and contrary to Art. 6 of the Law “On Science».

In addition, the legislation does not form public-private association, and RAS lawmakers want to convert it to public and state association. The text of the reform is not complete determination of such a body set up which, according to opponents of reform, the state has no right under Art. 15 of the Federal Law “On noncommercial organizations».

The press service of the Russian Academy of Sciences “News” reported that, most likely as a result of a lawsuit subscribe to most academics.

– It is unlikely that there will be many among academics abstentions or dissenting – spotted there. – All decisions are taken to counter the Reform scientists with a surprising unanimity. We were even joined by young scientists who largely did not support the backbone of the Russian Academy of Sciences. Among them, for example, Michael Gelfand, who is the Public Council under the Ministry of Education.

to claim scientists are ready to join in the Communist Party.

– Socially important for the RF laws must be pre-public comment for 60 days before making the DG, and since this law is federal and regional significance, it must be sent to the regions, which will be discussed in the course of 30 days, after then return with amendments – explains Deputy Chairman of the Duma Committee on Constitutional Legislation Vadim Solovyov.

In the Constitutional Court until make it clear that if the action of academics and will be considered, it will take a very long time.

– file a claim can not be earlier than the law will be adopted and enter into force, – reported in the consulting department of the COP. – In addition, the court still has to decide on the admission to the examination of other petitions. It is not always positive, which depends on sufficient evidence of the claim, and on other factors.

In the “United Russia” too shy to comment.

– While we only had time to vote for the adoption of the law in the first reading – anything to challenge early. And regarding the constitutional rules, I will not comment on the compliance of the law, because such examinations are not conducted, and in general the issue is too sensitive – said another deputy chairman of the Duma Committee on Constitutional Legislation Vyacheslav Lyssakov.

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