The candidate from the Party of the Left "Fair World" Vadim Kuzmin accused district committee of causing material damage in the amount of 3 rubles 45 kopecks. Consideration of the case on an administrative offense in the court of the Railway District of Viciebsk lasted half an hour, the announcement of the decision by the judge Yuri Urban took less than two minutes.
The administrative process started with the reading compiled by law enforcement protocol. According to this document, August 26, 2016 in 10 hours and 10 minutes a candidate for the Chamber of Representatives of Belarus Vadim Kuzmin of the National Assembly, being in a room of the district election commission on the Viciebsky Rail constituency №19, intentionally injured two common posters with biographical information of candidates in this constituency. He crossed his ballpoint pen image and personal data.
According to members of the district election commission, Vadim Kuzmin, damaging the printed materials related to the election commission caused material damage. Thus, the candidate allegedly committed an offense under Article 9.11 of the Administrative Code.
In his explanation essentially Vadim Kuzmin case said he did not feel guilty, and explained the reason for the emotional act biased attitude towards him on the part of some representatives of the district commission.
The fact that, unlike the other participants in the race for the District number 19, the final text, published in the general election poster containing biographical data of the candidates agreed with him was not. Adding to the text of the chairman of the district commission information about his past criminal record, Vadim Kuzmin considered intentional and deliberate. According to him, by writing on the poster of his convictions, and not indicating that the record is long since extinguished, authorities sought to play a pro-government candidate for deputy at hand.
A similar incident has occurred in the local elections of 2014, in which Kuzmin took part as a candidate. Then newspaper "Vićbičy" also published a biographical information on the candidate information, he was tried, "forgetting" to note that the criminal record has been removed. As a result, the newspaper had to publish a refutation and apologize.
With this in mind, it is clear why now Vadim Kuzmin, having seen the text of the poster, responded so emotionally, took a pen and crossed out information, consent to the publication of which he did not give. Thus he expressed his disagreement with the arbitrariness in relation to it.
After hearing witnesses from both sides and guided by Article 9.11 of the Administrative Code of the application of Article 8.2 the court ruled: the case of stop considering the insignificance of the offense. According to Article 8.2, the person who committed an administrative offense may be released from administrative liability in the case of recognition of a minor nature. On the basis of this provision, which in practice is rarely used, and the court decided to dismiss the case, admitting the fact of damage Vadim Kuzmin two posters insignificant.
Over the course of the proceedings in the courtroom following long-term observers of the OSCE Office for Democratic Institutions and Human Rights Kirsten Yorgansen and Michael Aykes. And for the first time in recent years the court in Viciebsk was so favorable to the opposition, in respect of which the administrative process was carried out to the satisfaction during the trial all his applications, including even the possibility to make photo and video, and eventually deciding on essentially, in favor of opposition.