During the monitoring of vessels Vitebsk human rights defender Pavel Levinau was established that - in Oktyabrsky district court, where the chairman is Eugene Burunov administers justice Judge Elena Protas, his wife.
Human rights activist legitimately thought that this is a clear violation of the order of the court, which should be allowed as soon as possible, and one of the spouses must immediately withdraw from the jurisdiction of another. For example, go to the next or forced vacation.
According to Article 7 of the Law "On State Service in the Republic of Belarus", all the judges of general courts are public servants, and are subject to all the provisions of this law.
The law on civil service stated that the public service should be discontinued if civil servants are able to close consanguinity or affinity, and their performance is related to the direct subordination or controllability of one of them to another.
In our case, the judge Protas directly under the President of the court Burunov. Therefore, in accordance with Article 40 of the law on civil service, civil service, one of the judges of the spouses should be discontinued immediately if there is impossible to transfer some of them to another court, or they refuse such a transfer.
To stop violations of the law on civil service in the October District Court of Vitebsk human rights activist Levin turned in Vitebsk regional court with the requirement to eliminate all the circumstances that contribute to a violation of applicable laws.
Chairman of the Vitebsk Regional Court Hamichenok Nicholas hurried human rights activist said that all necessary actions taken Court - documents to reappoint a judge of the court in October district of Vitebsk Protas E.S. in another district court area decorated and sent to the Supreme Court of the Republic of Belarus. This was done immediately after the registration of marriage Protas ES with the Chairman of the Oktyabrsky district court of Vitebsk Burunov E.I.
Deputy Chairman of the Supreme Court Valery Kalinkovich confirmed that, yes, the documents obtained from Vitebsk and sent to the Presidential Administration for the appointment of Helen Protas to another court with the release of her from the office of a judge of the court of Oktyabrsky district of Vitebsk.
There is no doubt that the president will reassign the judge Elena Protas to another court. But the question arises. Are the legal regulations which was passed by Judge Elena Protas at that time, when it was directly subordinated to her husband - Chief Justice Eugene Burunov?
