But even if the notarial conclusion takes place OVIR refuses to receive these documents for the consideration. Attempts to use the Soviet Civil Law procedure for ascertaining the judicial fact (based on clauses 245250 of the Civil Judicial Code of the RSFSR) are also failed. The courts are definitely guided by the private instructions of the higher authorities and refuse to ascertain the fact of the absence of nonexecuted obligations for those who want to emigrate in Israel. Thus the right to quit the USSR is placed in dependence of submitting the relatives declaration in spite of these declarations having no legal significance. OVIR with their duty to demand and obtain these statements violate the mentioned Decree of Supreme Council and refuse to demand thereof. The other possibilities to ascertain the fact of the absence of obligations are inaccessible or disregarded in OVIRs. The result of this practice is: the problem of emigration becomes dependent not on Law. but on arbitrary decisions of relatives. This is the heaviest violation of the citizens right to quit the country of residency which was specified in the Clause 12 of "Civil and Political Rights Pact". in spite of the USSRs membership among those states which signed the Pact. In connection with stated above we ask for your assistance in front of related Soviet authorities for raising and resolving the following problems. (1) To develop the legally valid procedure for resolving the mentioned situation and to put it into practice according to the legal order. (2) Before this procedure will go into forceto resolve our problem with relatives by any legal means.
Keywords matched
emigrate emigration