"The district election commission is not an organization, so the Law on citizens and legal persons does not apply to it" - so the judge Yuri Urban justified its refusal to satisfy a claim the activist Kastus Mardzvincau against Alexander Krasovsky, chairman of the DEC Vitebsk rural election district number 21 during elections, and Irina Zhuleva, secretary of the commission.
The decision in the civil case, the consideration of which the court went a half weeks, it was announced on October 19. Activist asked the court to charge the responsible members of the electoral commission expenses which it has incurred as a result of the fact that the latter, as he believes violated the law. He also asked the court to to collect from Mr. Krasovsky and Mrs. Zhuleva compensation for moral damage inflicted.
During the parliamentary elections, which ended nearly a month ago, Kastus Mardzvincau was a trustee of the candidate from the BPF Leanid Autuchou. He was also an observer at one of the sites.
"In carrying out their responsibilities, I, of course, often returned to the district election commission with written statements. One such statements relate to the fact that I was allowed to attend the meeting of the committee during the validation of signatures collected by the action teams for the nomination of candidates. Submitted, as and all his other statements in the DEC, said in their native language - Belarusian. However answer signed by the Chairman and Secretary of the DEC Krasovski & Zhuleva, somehow I came in Russian. And the answer was vague, that in order to understand what is written, I had to apply for a transfer to Belarus in the translation," - says Kastus Mardzvincau.
"However, I should never have thought that the only reason why I do not understand the meaning of scribble DEC - the language of response - continues activist. - Even after reading this piece in the Belarusian version, made by a professional translator, it was difficult to see what exactly it the authors had in mind. sent me some nonsense as unsubscribe - just to say hello! Even Yermoshina, which I complained, recognized that the text contains inaccuracies and contradictions, there the meaning of one another within the meaning of paragraph contradicts - she said in a letter to the chairman of the commission, which became known to the court."
"At the end of his reply to my statement the chairman and secretary of the DEC have written that I can appeal it in accordance with the law on citizens and legal persons. Sorry, dear, but if you are referring to the law, do not think that you are responsible for to execute it? But the law clearly says that the answer to the application must be given in the same language. I write to you in Belarusian - be kind, according to the law of action - answer me in Belarusian. This is what I wrote in the complaint Lidia Yermoshina. Due to this and filed a lawsuit, as because of the DEC have broken the law, I had a damage - money paid to the translation, "- said Kastus Mardzvincau.
He spoke about the reaction Lydia Yermoshina to his complaint. CEC Chairman wrote to him that the answer given by the district election commissions, is, in fact, correct. However, recognized Yermoshina, it is inaccurate. Thus, according to Yermoshina, chairman and secretary of the district election Commission did not have the right to refer to the law on citizens and legal persons, "as the district election commissions are not organizations." "At the same time, because of this error your right to appeal the district election commission answer is not broken" - wrote Lydia Yermoshina.
Now, the activist refused to meet his statement of claim, the judge Urban, in fact, repeated argument Yarmoshyna. Mol, the election commission is not an organization, so the law on citizens it was not written and is not obliged to implement it.
Kastus Mardzvincau outraged. Of Belarusian citizens, in his view, already are in degraded condition, in a kind of ghetto. They can not use their own language in public life. He believes that Yermoshina simply helpув dodge members of the district election commission, and now Judge Urban, did not wish to quarrel with those who, in fact, appointed by the country - which, in turn, appoints the judges (and himself as well) - admitted the obvious rubbish for the legal norm.
- But here we have not the case. Where the electoral code says something about a different order of consideration of applications like mine? No? But then the law has to act on citizens. "
Kastus Mardzvincau: "Organization is not an organization or DEC - who cares? Officers should carry out the law on citizens in any way. But the fact that the election commission is not an organization supposedly - too funny. And who are they, having this seal, bearing important decisions on the election? Maybe some kind of "group", as expressed by Chairman Krasovskii a preliminary hearing? Hopefully, at least not a criminal? "
"Since the law does not explain the term" organization "is exactly what it means in the framework of the law, the word must be understood in its general sense. Linguistic expertise to judge I refused - I said corresponding application - so in a court in the course of the debate, I read the definition of the word that is found in the dictionary: the organization - this is a formal group of people with one or more shared goals. According to this definition, the electoral commission - that other, as the organization is. A group of people - Yes. - Formal - Yes, details how her education and work. - with common goals? - Absolutely, yes. "
The activist said the court's decision, taken on his claim, unfair and discriminatory, and announced his intention to appeal it. According to Mr. Mordvintseva, Judge Yuri Urban, in ruling, did not follow the letter and spirit of the law, and hopes that the Vitebsk Regional Court canceled this decision and sent the case for retrial.
By the way, Judge Yuri Urban, which is now conducted the case in the court of Vitebsk Railway area, has long proved to be a loyal servant of the regime. Even back in 2005, he appointed a fine of slightly more than a member of the CCP BPF Vladimir Pleschenko for what he allegedly insulted passers for the distribution of the party publication "Belarusian Solidarity." In 2006, the Urban Justice fined in half the base value distributor of independent press Boris Khamajda "for trade in the wrong place." Distinguished Judge Urban and this year, considering one of the complaints of the independent trade union activists REB against the employer - JSC "Vitebskmyasomolprom." It is clear that the decision taken by the judge in that case, was not in favor of the workers ...
"Vitebsk Spring"
