A former law professor, human rights activist Valery Misnikov from Vitebsk for many years struggling with the arbitrariness of the bureaucratic system. He is not only trying to defend their legitimate interests, but hopes that his fight will help other citizens who, like him, faced with the bureaucracy of government officials.
The fact that human rights defender has been doing for more than five years, regards the implementation of their right to social housing. In 2010 he was expelled from the social stage on the grounds that allegedly has the able-bodied family members.
In 2009, the decision of Viciebsk city executive committee Valery Misnikov included in the waiting list for social housing, and in 2010 from the queue, he was expelled. Freely interpreting the law, the executive committee officials do not pay attention to the fact that his adult children live separately, have their own families, and therefore have no relevance to the case of social housing for their father.
Mr. Misnikov's children are not members of his family, he is not doing them a common household and do not live together. Because by law the family can be found living in one village alone only if they declare it and if it is witnessed by a court decision, as well as when they entered into an agreement on the membership of the family.
As the Vitsebsk human rights activist, all previous decisions and executive committee two ships in his case were made not in accordance with the law, and only in accordance with the specific situation. When the officials were helpful to have Mr. Misnikov were legitimate members of the family, they said, that the children – members of the family. When was that they do not need, they claimed that certain people can not recognize his family members.
So, when a human rights activist demanded social housing, he was not given, saying that his children are members of his family. And when asked to share personal account of the executive committee of the apartment (in which it is registered, but not live) between him and the former mother-in one hand and his ex-wife and children on the other hand, he was informed that the city council can not recognize a member of his family of the former mother in law. This game officials continues to this day. According to Valery Misnikov, there is a deliberate substitution of concepts.
From the judgment of officials that if citizens have relatives living in the same village with him, he is not eligible for inclusion in the list for social housing, as they must take care of him. In this case, they are not guided by the Housing Code and Article 100 of the Code on Marriage and the Family, which states that "the children are obliged to care for their parents and help them, content disabled parents in need of assistance is the responsibility of adults, able-bodied children."
However, the reference officials of the Code on Marriage and Family in this question is irrelevant, since the said Code regulates not the distribution of property and alimony relations, settlement of which Mr. Misnikov yet has no need, as it is located in the state pension and state dependent, and his pension is comparable to the salaries of his children. According to human rights, even if he is judicially demanded that their children's help, his request would not meet the no court – would not meet, because by law he, in addition to a pension, still has the right and material assistance, and a lump sum, and targeted assistance from the state.
Says Valery Misnikov: "They do not want to recognize me alone and give me a social housing because I have children, and if so, they will automatically recognize the children of the members of my family. On this occasion, I went to the city council and wrote a statement that she was handed a copy of their decision on the fact that children are recognized as members of my family. But, of course, the city council does not possess such a right. And here is the answer of the Office of Housing Policy Viciebsk City Executive Committee: Consideration of the recognition of citizens' family members of the employer "is not an administrative procedure and not within the competence of the Viciebsk city executive committee. Thus, it could not be considered at the session of Vitsebsk city executive committee or the public commission, and therefore give the appropriate statement is not possible. "
"With this response, I began to tell them that they have exceeded their powers. – Continues Valery Misnikov. – Officials arbitrarily interpret legal acts than violate my rights. In connection with this appeal in writing to the Executive Committee and Chairman of the Executive Committee ask Nikolai Sherstnev take me to the visiting day for solving contradictions and the political decision of my question. This appeal is considered managing director and executive committee handed down its decision: "The reasons for you to write a personal welcome to the officials of the regional executive committee no. '"
"After this failure to find a piece of number 24 of the Oktyabrsky district court litigation card reception of citizens: Misnikov Valery Abramovich, social group, address, phone number, content of treatment – the appeal of Viciebsk GIK number 253 on the false information, contained in the reply executive committee. Name of who is receiving: NN Sherstnev, Chairman of the Viciebsk Oblast Executive Committee. But I was not on his admission – it means cheating, forgery. And this document is in the materials of the civil case. Of course, I'm writing an application addressed to Sherstnev and ask him to take me personally. Sherstnev takes the citizens, but I am not on the list. No, on the grounds that, as I said earlier: "From your correspondence terminated on all matters relating to social housing, since 2013". It turns out, they did not send me a notice on the ground that the terminated correspondence with me, and I should not know anything. But in this case must be considered, that no one ever saw. So officials are deceiving not only me, but also the chairman of the executive committee, "– Valery completed Misnikov story about its history.
I asked Mr. Valery evaluate the behavior of Viciebsk officials and to justify its position. His answer: "There are several groups of people: orphans, the disabled, large families, the characters and other categories – they do not get what is guaranteed by the state. A forced blood to pull out their legally guaranteed rights. I also belong to this category, which these bureaucrats manipulate as they wish, have fun. If I was not a teacher of law, after the first pass anywhere else and would not address. But I know that they're lying, distort information, deceive me. And not only me, but also all the others, to whom the government can not fulfill its obligations. I try to just resist the bureaucratic system of deception to other citizens has become a little easier."
S. Horki, Vitebsk Spring