Resident of Vitebsk Irina Hajdel with ten son evicted from an apartment at street Chkalova house 24 Bldg. 6, apt. 18.
Simply put, the Vitebsk city executive committee throws a mother with a child in the street, not allowing other housing - a kind of Christmas present for the family. Caught in a desperate situation, a woman came to the office of deputy "civil contract" Alexander Mikulin.
Based on the decision of the court of Vitebsk in a civil case number 2-2368-2012 Court ruled: "To evict Hajdel Irina with a dependent of her minor child Ruslan Lobanov, V., 2002 Birth of apartments 18, houses 24, block 6, Street Chkalov Vitebsk without providing alternative accommodation. recognize tenancy agreement state housing employment entered into between the Vitebsk City Executive Committee and Vitaly V. Lobanov from 08.12.2012 years - invalid. "
Irina Hajdel - a single mother, which is dependent on the 10-year-old son. Former husband Vitaly Loban is a policeman.
According to Alexander Mikulin, the court violated the principles of competition and equality of the parties, which resulted in the neglect of the evidence presented by Irina Hajdel, suggesting bias and negative attitude to it by the court. According to the lawyer, the court also violated the principle of explanation of the true facts of the case. Vitaliy Lobanov (ex-husband of Irina) accused of intentional action to mislead the government when signing tenancy in public housing buildings in the Republic of Belarus. Basically - the constitutional right to housing put him as an evil and deliberate intent to achieve in solving the housing problem arising from it.
Cases decided under the laws of the Republic of Belarus. Court, however, ignored the paragraphs 15 and 16 of the Resolution of the Plenum of the Supreme Court of 28 June 2007 № 8 "On the practice of courts of housing legislation in cases of termination tenancy and eviction." Courts ordered investigate the identity of the disputed housing among office. And in cases where housing is not included as a service in the manner specified part 2, p. LCD 91 and No. 73 position, the status of the service premises are not covered.
During the trial, the court found that the status of the service premises controversial apartment assigned by modifying the decision № 1074 of 24.12.1997, the Vitebsk city executive committee "of the housing problem," only 15 years, 3 February 2012 decision № 157 Vitebsk City Executive Committee.
The actions of the Executive Committee of Vitebsk contrary claim 73 of Presidential Decree № 565, which prohibits citizens populated areas include the category of the service space.
The Constitution and the Law "On normative legal acts of the Republic of Belarus" provides that "a legal act is not retroactive, that is, does not extend to the relationship occurred before its entry into force, except in cases where it softens or removes the responsibility of citizens ... "The decision of the Executive Committee is none other than the local legal act.
Vitebsk city executive committee had violated the law of 28 October 2008 "On the basis of administrative procedures", which includes the right to appeal decisions made by the person concerned - Hajdel Irina.
Why the judge did not take into account the requirement to claim 19 Resolution of the Plenum of the Supreme Court of the Republic of Belarus № 9 from 2007 "On some issues of housing law courts" can only guess. A plenum treats the situation as follows: "In accordance with Part 2 of Art. 62 LCD demand for annulment of the contract tenancy of public housing may be filed within three years from the date of signing the contract. "Today already passed 7 years.
Prosecutors Pervomaisky district of Vitebsk made a protest against the decision of the court of first instance. Currently Hajdel Irina complaint and protest prosecution pending the appeal court of Vitebsk regional court.
"Deputy Civil Contract" Alexander Mikulin, who concluded believes "Irina Hajdel apartment brazenly taken as the statute of limitations on such cases is 3 years (Article 62, Part 2 of the Housing Code)." "The trial initiated Vitebsk City Executive Committee. Such cases began after cleansing the system of corrupt government agencies, when they started to do an audit in the special fund service apartments, "- Alexander Mikulin said.
Belarusian Partisan
