In civil cases the judge Oktyabrsky district of Viciebsk Natalia Lyakh refused to satisfy the complaint of pensioners and invalids of the second group, the human rights activist Valery Misnikova the actions of state bodies and officials. Mr. Misnikov said that if he could not get justice in Belarusian courts, he will be forced to turn to international organizations for the protection of their social rights.
It all started with the fact that even in 2013, Valery tried in court to achieve recognition of its lone citizen. The reason for filing the lawsuit was similar certificate issued by the social services center in Pervomaisky district of Viciebsk. According to this certificate, a citizen Misnikov is a member of the family with which he has currently no official relations – it has long been divorced from his wife, and his children reached adulthood.
However, according to the decision of the judge of the court of Pervomaisky Natalia Brovko, certificate of family composition and remains in force, and Valery A. Misnikov considered public authorities a family man.
The court of cassation – Collegium for Civil Cases of the Viciebsk regional court – agreed with the judge Brovko's decision, ie Valery finally cemented his status as a family member.
The main thing in this anecdote is that, having the status of a family member Valery Misnikov unable to receive state social housing, which, according to him, he desperately needs, and which has a legal right.
In fact invalid and lonely lives citizen Misnikov being, however, according to the reference, a family member of tenants (as the employer – his ex-wife), appealed to the Viciebsk city executive committee with a request to modify the agreement on the order of use of premises in connection with a change in facial account. What its decision Viciebsk city executive committee refused. According to the officials to change the contract does not allow the current legislation.
Complaints against the Viciebsk city executive committee to a higher state authority – Vitebsk regional executive committee – have not helped to solve the problem. Officials of the regional executive committee took the position of his colleagues-tier cities.
The Council of Ministers of the country where Misnikov complained about the actions of officials of Viciebsk, sent a complaint to the Viciebsk for consideration by the Executive Committee of existing guidelines. The response received from the executive committee, appeared indecently brief: to examine the complaint on the merits there is no reason, because it does not contain any new arguments.
Contacting the Oktyabrsky District Court against the actions of city and regional officials did not give any positive results. Judge Natalia Lyakh refused to recognize Misnikov’s right to change the contract and, as a consequence, the separation of account. Indeed, in the case of separation of accounts for payment of utility and other payments Misnikov would be recognized by the state citizen living separately from his former family. And it would give him another chance for public social housing – highlight the lonely invalids separate apartment in the authorities' plans not included.
Another instance, which is now invalid, and the lone citizen is going to file the appeal and privacy – Viciebsk regional court. But Valery Misnikov harbors no hope that the court will change the lower court's decision and call to account the officials of the municipal and regional executive committees.
If the Regional Court does not help, the only authority for the protection of his rights as a disabled person, according Misnikov, remain Committee on the Rights of Persons with Disabilities of the United Nations, where he wants to consult with individual complaints. If his experience is positive, Valery will help other people with disabilities to defend their rights in the international human rights organization.
Vitebsk Spring
