|
|
|
|
|
|
|
|
|
In the Central commission of the
Republic of Belarus on elections and realisation of referendums. THE
COMPLAINT On the actions of a district elective commission Grodno – Zanemansky Constituency #51. We, the undersigned, members of the
initiative group on petition to promote Alexander Alexadrovich Vasiliev as
the candidate in the deputies of the Chamber of the Representatives at Grodno
- Zanemansky constituency #51 declare that 11. 08. 2000 at 16.30 at the
session of the district elective commission of the Grodno - Zanemansky
constituency #51 we were refused to register our initiative group. In the
oral form the chairman of the selective commission Vladimir Andreevich
Khlabich said personally to Alexander Alexadrovich Vasiliev that the basis for the refusal to register the initiative group are: 1. In the
list of the members of initiative group it was pointed out that Alexander
Alexadrovich Vasiliev is the businessman and works at the market
"The Southern" in Grodno. The chairman of the district elective
commission declared that it was necessary to specify the exact legal address
instead of the market "The Southern", it was regarded by the
selective commission as the breach of the requirements of the Elective Code
and was one of the reasons to refuse in the registration. 2. In the
list of the members of the initiative group Anatoly Vasilievich Khomyachuk
and Elena Alexandrovna Khomyachuk are specified, they live at: Grodno,
Indurskoy highway 4/1 - 163. The chairman of the district elective commission
declared that these citizens are not registered at this address that also is
the sufficient reason for the refusal to register all initiative group. Alexander Alexadrovich Vasiliev at the presence of all members of the elective commission tried to
explain to Vladimir Andreevich Khlabich, the chairman of the elective
commission, that the reasons for the refusal to register the initiative group
are not proved, but V. A. Khlabich did not want to listen to the objections
of A. A. Vasiliev and asked him to leave the room. A. A. Vasiliev asked V. A. Khlabich, the
chairman of the elective commission, to make an extract of the protocol of
the session of the elective commission and to specify in it the reasons of
the refusal to register the initiative group, and V. A. Khlabich said that
the extract will be send by registered post. The next day, i.e. 12.08. 2000,
after the repeated inquiry V. A. Khlabich, the chairman of the district
elective commission, gave A. A. Vasiliev an extract from the protocol #4 of
the session of the district elective commission. The reason of refusal to
register the initiative group of the citizens on petition to support
Alexander Alexadrovich Vasiliev was specified in the extract: «… in
connection with insufficiency and unreliability of the items of information
specified in the documents, given in the district elective commission.» A. A. Vasiliev asked V. A. Khlabich, the
chairman of the elective commission, in written form with the registration of
this question in the working note book of the elective commission to answer
the question: « Which items of information in the submitted documents did the
selective commission find insufficient and doubtful?» V. A. Khlabich, the
Chairman of the district selective commission informed, that in writing he
will direct the answer to this question to the Central commission of the
Republic of Belarus, in a case if the inquiry on this occasion arrive from
there. He also read the message of any of division of MIA in Grodno, in which
they told that A. V. Khomyachuk and E. A. Khomyachuk are not present in their
lists. As to the first reason of the refusal to
register we explain you that according to the current legislation of the
Republic of Belarus the conception «the legal address» is not applied to the
individual businessmen. Alexander Alexandrovich Vasiliev, a businessman, was
given: «The Certificate about All-republican registration of the businessman
who is carrying out the activity without the formation of the juridical
person». In this certificate is specified: «Grodno regional executive
committee registered Alexander Alexandrovich Vasiliev who lives at:. Grodno,
Indurskoy highway 4/1 - 136 as the businessman who is carrying out the
activity without the formation of the juridical person, in the Register of
the all-republican registration #2767 by the decision from November 12 1996
#412». This certificate allows Alexander Alexandrovich Vasiliev, a
businessman to carry out the businessman’s activity in the Republic of
Belarus what he and does. At the same time A. A. Vasiliev a businessman
carries out the activity in Grodno at the market "The Southern"
most frequently. So being guided by article 65 of the Elective Codes of the
Republic of Belarus where they told: «In the list a surname, name and
patronymic, the date of birth, profession, post (occupation), place of work
and residence, party-membership of the person who is offered to promote the
candidate in the deputies are specified … », it was written down that
Alexander Alexandrovich Vasiliev, a businessman works at the market "The
Southern" in Grodno that does not contradicts to the reality and to the
full meets the requirements of the Elective Code. Besides Alexander
Alexandrovich Vasiliev addressed repeatedly in the oral and
written form to the chairman of the elective commission with a question: «Are
the application for registration and list of the members of the initiative
group made correctly?» And the chairman of the elective commission answered
that the elective commission is given 5 days to consider the application and
within 5 days the elective commission will not give any advice on these
questions. It is necessary to notice that this question could be decided
within several minutes as the certificate of the businessman was constantly
at A. A. Vasiliev who daily with the beginning of the elective company came
in the elective commission and was interested how the question about the
registration of his initiative group is solved. As to the second reason of the refusal
to register we explain that Anatoly Vasilievich Khomichuk and Elena
Alexandrovna Khomichuk who wished to participate in the work of the
initiative group live to the address specified in the list of the members of
the initiative group: «Grodno Indurskoy Highway 4/1 - 163». As the list was
made in the Byelorussian language from their words a surname "Khomichuk”
was deformed on "Khomyachuk". The elective commission would
establish without any difficulty and in by any way that to the address
specified in the list, really, the citizens of Belarus, the members of the
initiative group with a surname "Khomichuk" who wanted to
participate in its work live. Moreover, A. A. Vasiliev offered to V. A.
Khlyabich, the chairman of the elective commission to present to the elective
commission all members of the initiative group with their personal passports
at once after submission of the application about the registration of the
initiative group and the chairman of the elective commission said that it is
not necessary to do. It is necessary to note that the list of the members of
initiative group on petition of the voters to support Alexander Alexandrovich
Vasiliev included 13 members and even if the chairman of the elective
commission and its members have decided not to "trouble" themselves
and not to execute the requirement of the Elective Code (article 42 item 5)
and to exclude from its structure 2 members on a formal attribute, the rest
of the members of the initiative group - "11" met the requirements
of the Elective Code and could not a reason for the refusal to register the
initiative group. Besides the elective commission and personally its chairman
Vladimir Andreevich Khlyabich roughly breaks the requirements of article 65
of the Elective Code about the list of the members of an initiative group
:«In the list …, place of residence
of each member of a group and its chief are specified.» Having explained the
refusal to register the initiative group V. A. Khlyabich, the chairman of the
elective commission referred to the written message of any organisation
(whether division of MIA, whether dentist’s office, it was not clear) in
which it was informed that there are no the citizens of Belarus with the
surname Khomyachuk in their lists to the specified address. On what basis V.
A. Khlyabich, the chairman of the elective commission replaced the conception
"a place of residence" to the with conception «transfer in any
lists» and who gave him such rights it is not clear. Even if he meant «a
place of the registration» even then he should know that a place of the
registration and a place of residence it not one and the same. It is necessary to remind, that
according to the Civil Code of the Republic of Belarus signed by A. Lukashenko,
the President of the Republic of Belarus 7. 12. 1998 for #218-3 “Article
19. A place of residence of a citizen 1. A place
of residence is that populated area where a citizen lives constantly or
mainly”. According to article 65 of the Elective Code of the Republic of
Belarus it does not mean that a member of the initiative group should be
registered at the specified place of residence, especially, to be enlisted in
any lists (including the dentist’s office). It is necessary to note that
actually the district elective commission held aloof from the check of
reliability of the items of information specified in the lists of initiative
groups, including the check of a place of residence of members of initiative
groups and was limited to formal inquiry in any organisations. It is the
roughest breach of the Elective Code and testifies to inadequate execution of
the duties by the members of the elective commission and personally by
Vladimir Andreevich Khlyabich, its chairman. Thus, we think that the members of the
district elective commission of the Grodno - Zanemansky constituency #51 and
personally Vladimir Andreevich Khlyabich its chairman roughly broke the
requirements of article 42 item 5 of the Elective Code in which it is told
that district elective commissions: «5) help to organise the promotion of the
candidates in the deputies;». We regard that the wrongful refusal to register
the initiative group is an action which deliberately interfere to the free
realisation by citizens of the Republic of Belarus of the right to
participate or to not participate in the election, for what according to
article 49 of the Elective Code the members of an elective commission and its
chairman should be called to account. Simultaneously we inform you that during
the elective company Vladimir Andreevich Khlyabich, a chairman of the
elective commission of the Grodno - Zanemansky constituency #51 personally
made a lot of roughest breach of the requirements of the Elective Code and
current legislation of the Republic of Belarus. The mentioned below breaches
interfered the citizens of the Republic of Belarus to get free the authentic
and exact information concerning election, so: ·
Within several days
after the beginning of the elective company in a room, where the elective commission
is, there was No the Elective Code in Russian with all brought in changes and
additions, that in writing is fixed in the working note-book of the elective
commission. On questions of the voters: « Where is it possible to get
aquatinted with the Elective Code with all changes and additions brought in
to it?» they sent in "any" library. ·
Personally Vladimir
Andreevich Khlyabich, a chairman of the elective commission, refused to give
any advice about the order of registration of the documents at drawing up of
the application about the registration of an initiative group referring to
article 65 of the Elective Code, where, in his opinion, there is no any point
that he is obliged to do such things. ·
Personally Vladimir
Andreevich Khlyabich, a chairman of the elective commission, refused to show
examples of the documents to register the application about the registration
of an initiative group and lists of an initiative group in Russian. ·
Working note-books of
the selective commission (The Diary of the registration of the documents and
The Diary of the registration of the applications of the citizens) are made
out with breaches of the current legislation of Belarus, determining the
order of the office-work, in particular, note-books are not numbered, are not
laced up, are not fastened by seals and are not registered anywhere. Being guided by article 65 of the
Elective Code, we ask you to cancel the decision of the Elective commission
of the Grodno - Zanemansky constituency #51, in a part of the refusal to register
the initiative group on petition of the voters to support Alexander
Alexandrovich Vasiliev and we ask to assist in the registration of this
initiative group. 12 signatures, members of the initiative
group. (0152) 72-61-19 A. A. Vasiliev. |
||
|
|
||
