TBILISI, July 6 (AVN) - A military court of the Russian troops group in the Trans-Caucasus considered on Friday the claim filed by the head of the the group's trade union chairmen council against Chief-of-Staff Anatoly Kvashnin.
North Caucasus military district commander Colonel General Gennady Troshev and Russian group commander Major General Nikolai Zolotov are the co-defendants of the case.
The claimant requested to declare null and void Kvashnin's directive on disbandment of several military units, organisations and offices of the Russian group by April 1, 2001. He said it contradicted the president's order as of November 11, 1998 which states that establishment and disbandment of all units up to the size of regiment can be done only by the defence minister so the chief-of-staff has no rights to do it. The chief-of-staff can not make decisions on the future owner of equipment, arms and materiel of the disbanded units either for their funds and materiel can be managed only by the defence minister.
Moreover, the claimant considers that drafters of the directive did not obey to rules of elaboration and issuing of federal and departmental legal acts. Being first deputy defence minister the chief-of-staff can only issue orders and directives that do not require state registration with the Ministry of Justrice. However in accordance with the Russian legislation, laws and other legal acts which concern interests, rights and freedom of people and which have not been registered with the Ministry of Justice are considered dysfunctional. Orders and directives on disbandment of units, organisations and offices always concern interests and rights of their employees. The controversial directive did not undergo registration and thus might be considered illegal.
The court decided to meet the claim of the defendant's and co-defendants' lawyer, Lieutenant Colonel Yuri Basalayev, senior juridical consultant of the Russian group, and submitted the case to the Supreme Court on the basis of the civil code of practice.
According to specialists, if the Supreme Court satisfies the claim and considers the directive null and void the disbanded units' personnel will be able to apply to courts demanding restoration of their jobs and payment of salaries or monetary allowance for the whole period of forced vacation.