Prosecutor Yuri Romanovsky Vitebsk refused member of the Conservative Christian Party of the BPF Jan Dzyarzhautsau prosecutor in protest at the decision of Vitebsk city executive committee "On mass events in the city of Vitebsk", which, according to the policy, contrary to the decision of the Council of Ministers.
Asked the prosecutor Mr. Jan prompted by the fact that for 6 years by the local authorities, he received bans on more than forty events - pickets, rallies and marches. The basis of these prohibitions was no Mr. Dzyarzhautsau agreements with the police, community services and health facilities to service their events. All attempts to enter into contracts ended categorical denials by the management of police and city clinic. Usually, doctors refused to enter into contracts because of congestion ambulance workers and the police failures argued that the government should first resolve the mass event: if such permission is granted, then you are welcome - the contract is concluded.
Appeal against decision of the head of the executive committees of Vitebsk in the courts did not help solve the problem. The judges just shrugged, saying that we can not induce authorities and institutions to enter into contracts, we do not have it on authority.
Nevertheless, Jan Dzyarzhautsau persistently sought a way out of the situation. After all, the right to hold public events guaranteed by the Constitution and applicable laws, and to exercise this right in Vitebsk impossible!
Change the situation with total prohibition to hold public events in Vitebsk is possible, according to the politician, only to change the decision of Vitebsk city executive committee on July 10, 2009 № 881 "On mass events in the city of Vitebsk".
And this opportunity came when Belarus began to change in such decisions of local authorities, as these decisions contrary to the provisions of the Council of Ministers on March 5, 2012 № 207. This government decree actually eliminates the need to enter into contracts with the police to ensure public order in it the time of the events.
But it took more than three years after the decision, and the officials of the Vitebsk City Executive Committee did not consider it necessary to change the decision № 881. According to policy, such inaction of local authorities explicitly violates the Law of the Republic of Belarus "On normative legal acts of the Republic of Belarus". According to Article 10 of this Law, regulation higher state body (in our case - the government) has greater legal force in relation to the normative legal acts of subordinate public body (ie, Vitebsk City Hall).
In March of this year, after another ban picket Jan Dzyarzhautsau addressed to the prosecutor of Vitebsk Yuri Romanovsky with a request to appeal the decision Vitebsk City Hall № 881 "On mass events in the city of Vitebsk" as contrary to the decision of the Council of Ministers № 207. He also asked the prosecutor to make an official warning to officials City Council, which fails to initiate changes in the decision number 881, and thus, does not remove the inconsistency of the local legislative act to government regulation.
After receiving a response from the prosecutor of Romanovsky, opposition was dissatisfied with them, the guardian of the rule of law considered insufficient Dzyarzhautsau’s arguments for lodging the decision number 881, as well as the announcement of official warnings Vitebsk City Hall officials.
Now Jan Dzyarzhautsau preparing a complaint to the Vitebsk Regional Prosecutor's Office and hopes to be able to convince prosecutors to demand from there the city executive committee lead regulatory decision № 881 "On mass events in the city of Vitebsk" in line with current legislation.
Vitebsk Spring