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Excessively fine – not the best of slander

Paul Tulubenski

April 18 Oktyabrsky District in Vitebsk judge Jauhien Burunov examined the case of Paul Tulubenski, ordered the punishment of his fine. According to the decision, Mr. Tulubenski will have to pay 3 million rubles to the state for what he allegedly spread calumnies against the director of the Limited Liability Company - Scientific-Production Enterprise "Mera" Sergei Litvinchuk.

It all started a few months ago. Then two dozen citizens living near the cinema "Mir", appealed to President Lukashenko with a letter, which complained about the actions of the authorities and the leadership of Vitebsk ODO "Scientific-Production Enterprise "Mera". This high-rise commercial building structure, trade and administrative building in the neighborhood street Lenin str. Chekhov str. Griboyedov str. Suvorov.

In his address, residents of the two houses, which is planned to demolish in favor of business interests NPP " Mera », - № 35 on the street. Suvorov and number 66 and on the street. Lenin - reported the head of state : being a director ODO "SPE Mera " Litvinchuk systematically captures the property and large tracts of land to private ownership, land encroaches on citizens in the city center, driving them out, tightens domestic territories, categorically demands from tenants homes located between his construction sites and cinema "Mir" voluntarily abandon their homes and land in his favor.

According to established practice, the employees of the presidential administration forwarded appeal Vitebsk residents in Vitebsk Regional Executive Committee, to the complaint and the complainants understood by local officials.

And then... at the request of the Chief Inspector Litvinchuk NFS Kastrychnitski Vitebsk police department Police Major Alexei Pavlov was an administrative report in respect of one of the complainants - Paul Tulubenski - under Art. 9.2 (slander ) of the Code of Administrative Offences of the Republic of Belarus.

During the trial it became clear that the tenants have flatly refused to move because of the disparity of the current cost of housing and housing that was promised merchants. However, even after a written refusal to move, representatives of ODL "SPE Mera" repeatedly plagued residents persuasion and promises. These actions tenants perceived as attempts to seize their homes and land commercial firm.

Paul Tulubensky admitted in court that perhaps he and the other signatories to the treatment described Lukashenko actions merchants not those words. However, according to him, the actions of merchants really psychologically perceived as an open assault on their real estate. It was unclear how and for what services ODO "SPE Mera" received ownership already six plots of land in the city center, whether public authorities observed the procedure for granting these areas, and whether to leave after refusing to move to rest him and his elderly mother - order bearer.

Sergei Lytvynchuk explained to the Court that he acted according to the law and in view of the decisions of the Executive Committee of Vitebsk and Design Institute " Vitebskgiprozem." He said he considers himself a victim, slandered because of the complaint of inhabitants of houses number 35 on the street. Suvorov and number 66 and on the street. Lenin addressed to the President of the country, contain offensive and defamatory information. Moreover, because of complaints Lukashenko injured his business - currently suspended construction of the complex with respect to ODL "SPE Mera" checks and proceedings conducted by the state agencies. However, he confirmed that he had sent a letter with proposals to move the residents of demolished houses in the well-appointed accommodation.

After a brief hearing, Oktyabrsky district of Vitebsk judge Jauhien Burunov announced the decision : the actions of Paul Tulubenski seen an administrative offense - slander against the director ODO "SPE Mera" Sergei Litvinchuk. And on this basis fined Mr. Tulubenski in the amount of 3 million rubles.

But the question remains: will the rest were fined sixteen signatories complaints to the head of state, or the country has a selective application of the Code of Administrative Offences? After all, in fact, Paul Tulubenski was brought to administrative liability only because the envelope with a complaint to the President was his home address was listed as the return address.