Valery LEVANEUSKI - personal site  
October 23rd, 2002. Posted in News from Belarus

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And judges who are? The decision about V.Levaneuski’s attraction to responsibility with comments

On October, 23rd 2002 the judge on administrative affairs and executive manufactures of court of Lenin area of  Grodno Kozel Natalia Grigorevna at secretary Boguk Tatyana Fedorovna, with participation of lawyer Jaroshevich Sergey Georgievicha, having considered the material which has arrived from chief of District Internal Affairs Department of administration of Lenin area of Grodno on citizen Levaneuski Valery Stanislavovich…

…, not involved in the criminal liability, 10.06.2002 involved in administrative responsibility by Court of October area of Grodno under item 166 of administrative code of Belarus to administrative arrest for 15 days about fulfilment of the actions provided p item. 2 items 167-1 of   administrative code of Belarus, having heard explanations of Levaneuski V.S., Hilko A.A., Stasjukevich V. I, Antonjuk A.A., Povoroznjuk N.A., have studied case materials.

Has established:

Levaneuski Valery Stanislavovich on October, 11th 2002, in time from 11 o’clock 58 minutes till 13 o’clock 02 minutes near the house №14 located on street Ozheshko in Grodno, was the organizer of not authorised meeting.

Levaneuski V.S. the fault in an incriminated offence did not recognize and has explained to court, that on October, 11th 2002, in time from 11 o’clock 58 minutes till 13 o’clock 02 minutes near house №14 on street Ozheshko in Grodno carried out action was not meeting, and also he is not its organizer, people have gathered for a meeting with representatives of the power on a legislation explanation.

However, his guilt proves to be true the report on infringement p.2 item 167-1 administrative code of Belarus, Stasjukevich V. I, Hilko A.A.’s explanations, the official report of the last video recording, the statement of Levaneuski V.S. about the permission of carrying out of meeting 11.10.2002, the answer of the Grodno city executive committee about refusal in carrying out of meeting 11.10.2002 which are consecutive, will be co-ordinate with each other, therefore not to trust them there are no bases.

Explanation of Levaneuski V.S. regarding fault non-recognition in fulfillment of the offence provided p.2 item 167-1 of  administrative code of Belarus, consider insolvent, caused desire to avoid responsibility for crime. Its explanations in that part, that the meeting of people near the house №14 on street Ozheshko in Grodno was not meeting, and he was not its organizer, is denied by following proofs.

According to item 2 of the Law of Belarus «About meetings, street processions, demonstrations and picketing» from 30.12.1997, meeting the mass meeting of citizens for public discussion and expression of their relation to actions of persons and the organizations, to events of a political life, and also the decision of the questions infringing on their interests is.

On case it is established, that the citizen Levaneuski V.S. before gathered (250-300 persons) led discussion, distributed a printed matter, suggested to subscribe on forms of statements with the requirement about a summer residence of answers to their interesting questions that grows out of realisation of will gathered and, that it is necessary to regard, as meeting. The offer of Levaneuski V.S. after he left from the building of regional executive committee, to “disperse” it is not necessary to consider, how his refusal of meeting carrying out as the purpose of meeting of people already has been reached.

According to p.2 item 5 of the above-named Law the organizer admits the citizen specified in given quality in the statement for carrying out of meeting, meeting, street procession, demonstration and picketing and incurred in writing the obligation on maintenance of the organization of the named action or the person who is actually carrying out organizing functions on preparation and carrying out of these actions.

So the citizen Levaneuski V.S in the statement in the Executive Committee of the City Soviet of People’s Deputies is specified as the organizer of carrying out of meeting, despite refusal of the Executive Committee of the City Soviet of People’s Deputies about an interdiction of carrying out of meeting and its prevention of a liability of infringement of Law RB «About meetings, meetings, street processions, demonstrations and picketing» from 30.12.1997, and also despite requirements of workers of militia about the terminations of not authorized meeting, has entered debate with them about legality of actions made by it, later, as the representative from the gathered visited the regional executive committee , he has actually executed organizing functions on preparation and carrying out of the given action.

Besides, explanations of Levaneuski in that part, that his actions are not illegal, are denied by indications of workers of militia of Hilko A.A. and Stasjukevich V. was seen on diet by a videocassette from which follows, that Levaneuski and all gathered citizens have been warned about not authorized meeting and suggested to stop the actions, therefore he could not understand illegal character of the actions.

Also it is impossible to recognize indications of witnesses Antonjuk A.A. and Povozroznjuk N.A. truthful as the given witnesses were also participants of not authorized meeting and they are interested in issue of a suit, their indications are caused to desires to release Levaneuski from responsibility for a offence.

In actions of Levaneuski V.S. I see signs of the offence provided p. 2 items 167-1 of administrative code of Belarus.

At punishment appointment I consider character of a perfect offence, the person of the infringer, a financial position, and also the circumstance, burdening responsibility: continuation of illegal behaviour, despite the requirement of representatives of that of persons to stop it and, I believe necessary to apply to it collecting in the form of administrative arrest.

On the basis of stated and, being guided by the item of item 261 of administrative code of Belarus

Has decided:

Citizen Levaneuski Valery Stanislavovich on the basis p.2 item 167-1 of administrative code of Belarus to subject to administrative arrest for a period of 15 (fifteen) days.

Arrest term to estimate since October, 23rd 2002.

The decision is carried out immediately and to the appeal as manufacture on affairs about administrative offences is not subject.

The press the signature


Apparently from the decision, it is not based on the law. The judge was not defined at all plainly, that it was: meeting, meeting or a meeting. And what for legal subtleties if the primary goal of our courts is to assist the authorities in suppression of fundamental laws and freedom of citizens of Belarus. If the authorities do not wish to meet people those who is persevering in the desires it is necessary to put behind bars. One more important circumstance – nobody has suffered what for to put. For preventive maintenance, probably that another it was instructive? It is a pity, that our courts are more and more used as the tool for suppression of Constitutional laws of citizens.

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Note: Translated by means of machine translation. The original text in Russian is on a site or