Locksmith NPO Avtomatika Ilyin (2016)

Problem number 1

Locksmith NPO Avtomatika Ilyin filed a statement on the collection of wages during the overtime work to the labor dispute committee (the company´s administration refused to pay wages during the overtime work). The commission satisfied Ilyin’s demands, obliging the enterprise to pay the said salary. The administration of the company, not agreeing with the decision of the commission, filed a lawsuit in court.
Identify process participants.

Problem number 2

The driver of the motor enterprise Zhuravlev allowed the car to break down. Its repair cost 15 thousand rubles. The enterprise appealed to the court with a claim for recovery of the indicated amount from Zhuravlev.
The judge refused to accept the claim, stating in the definition that, according to labor legislation, Zhuravlev should be held liable within his monthly earnings, and the recovery of material damage in such cases is carried out indisputably.
Assess the legitimacy of the actions of the administration and the judge.

Problem number 3

The local authority filed a claim with the court against Isaev for the recognition of the contract for the sale of an apartment by Pyssin as invalid for the reason of the deteriorating living conditions of his minor son. In connection with the non-attendance of Isayev on June 11, the court issued a decision in absentia to satisfy the claims, but postponed the drafting of a reasoned decision for a period of three days, but this was done after 10 days. Not being able to get acquainted with the full content of the court’s decision, Isaev on June 16 filed a “preliminary” cassation complaint, in which he indicated that he had not been duly notified of the time and place of the court session, he did not agree with the court’s decision, but did not give specific reasons to substantiate the illegality . The judge refused to accept the cassation complaint due to the fact that it does not meet the requirements.
Give a legal assessment of the situation.
Is a cassation appeal subject to acceptance?
What should the judge do when receiving a cassation complaint that does not meet the requirements?
Is there a reason to cancel the court decision?

Statement of claim and court decision

The prosecutor appealed to the court with a claim for depriving the spouses of Alferovs of parental rights in respect of their sons in 1995 and 2001. of birth. The statement of claim indicated that for six years the Alferovs systematically abused alcohol, did not raise children, and led a parasitic way of life. Mother constantly beats up children, the father at any time of the day drives them out into the street. The eldest son ran away from home three times, spent the night in cellars and attics for weeks. The guardianship and trusteeship body, not responding to the signals of neighbors about the plight of the children, was eliminated from protecting their interests.
Having reviewed the case, the court granted the claim. According to the conclusion of drug testing, both spouses suffer from chronic alcoholism, the disease progresses. In the case there are certificates from the trauma wards where the children were brought about the beatings. The testimony of witnesses confirms that alcoholic beverages are being drunk around the clock in the Alferov’s apartment, scandals and fights often arise. Children are intimidated, exhausted. From the housing inspection report it is clear that the apartment is kept in unsanitary conditions, the children sleep on the floor in the kitchen. They don’t have books, toys, clean clothes.