2014 17/10

Supreme Court of the Republic of Belarus rejects appeal of member of the campaign “Tell the Truth” Alexander Kuzmin from Belaazersk, who asked to cancel the court rulings regarding the validity of a written warning, made by Bereza prosecutor’s office under Art. 193.3 of the Criminal Code – activity on behalf of an unregistered organization.

It should be noticed that activist received a written warning in March 2013 from the prosecutor of the Bereza district. Former head of the Belaazersk executive committee Viachaslau Dambrouski requested in his submission to the police department to bring Kuzmin to the criminal responsibility for activity on behalf of unregistered organization.

Police of the Bereza district refused to initiate criminal proceedings because they didn’t see any signs and characteristics of an organization in public actions which were carried out by the representatives of the “Tell the Truth” campaign. Alexander Kuzmin with activists from Beloozersk launched a campaign for the improvement of social and living conditions of citizens: they collected signatures for the repair of roads, repair of houses, improvements of yards, and others. However, prosecutor’s office of the Bereza district found signs of organization and made Alexander Kuzmin warning under Article 193.1 of the Criminal Code.

The Supreme Court has also recognized that the prosecutor’s office of the Bereza district properly responded to the illegal actions of Kuzmin: “According to the Art. 27 of the Law “On Prosecutor’s Office of the Republic of Belarus” in case of determining violations of the law, depending on their nature, the prosecutor may make mandatory warnings. ”

Further, the decision of the Supreme Court says: “At the hearing you weren’t refuse the fact that you are an activist of the campaign “Tell the Truth “, which is held under the project “Civil contract.” At the same time, you didn’t present to the court evidence that you were presenting activities in the campaign “Tell the Truth” being a member of a registered public association.

Since you are an active participant of an unregistered in established order public association, and according to part 2 of article 7 of the Law “On Public Associations” activities of such organizations on the territory of the Republic of Belarus is prohibited, the prosecutor’s office had the right to make you an official warning.
In this regard, the Court rightly dismissed the complaint. ”

Reply signed by the Deputy Chief of the Supreme Court Andrey Zabar.


Quoting spring96.org
Prepared by Ales LETA,
Belarusian Legal Portal.

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