2014 01/08

Human rights defenders from Zhodzina made a second since a Decree № 1020 from July 27 of 2012 year try to conduct paid service agreements with the police, health professionals and utility providers which are demanded by the executive committee to be attached to the application on holding a mass event.

On July 16-17 of 2014 they sent application offers to Zhodzina Municipal Department of the Interior, municipal hospital and housing and utility sector by e-mail. In their applications Alaksiej Lapicki and Sviatlana Lapickaja explained the situation that forces them to apply for additional or special and absolutely unnecessary paid services of these state institutions in details. By the way, these institutions work according their own regulations and that’s why they have official duties to provide policing, medical service and cleaning of grounds without any other special and certainly paid agreements.

Health professionals were first to answer (see attachment 2). They invited the applicants to conduct an agreement despite the fact that it was clearly explained in the application offer that the declared event (a picket in support of Mikalai Statkievicz and others political prisoners in Belarus and also in support of territorial integrity of the Ukraine and for termination of Russian military aggression) in case the executive committee allows it will take place on a well-prepared ground under the guardianship of the police. As the result there will be no risks regarding health of the participants and there will be no necessity to bear expenses because of the medical assistant or ambulance crew is present at the event. In case of emergency providers of the event suggested transporting anyone in purpose of salvage services by car.

 Municipal hospital, main (old) building

 

The review of the papers suggested and negotiations with legal assistant Drabyszeuskaja and other officials of the municipal hospital showed that the hospital has an experience of working and forms of typical agreements only with business entities and that category of mass events as “other mass events” (sports, commercial and municipal holidays and fairs and so on). These events always have their budget, plan of income and expense. In fact it is really necessary to provide special or additional paid services in the form of medical assistance for them. It is clear, because any competitions, outdoor games and sport amusements always have risk of injuries, fairs cannot do without beer, conflicts and risk of breakdown of participants’ health. That’s why payment of medical assistance makes sense and has a logic background and it is paid out of internal recourses of a provider (as stated in the standard agreement) – out of received income and profit(!).

In order to exclude this contradiction (because the aim of our event is the realization of civil and political rights and constitutional freedoms during a peaceful assembly (a picket), where there is no commercial and financial calculation and relevant incomes, what is absolutely clear) the legal assistant removed the adjusting statement about profit, which showed that any agreement like this and payment of additional services are counted out of “income of a provider” from holding planned “other mass events” and cannot result in a loss of providers of peaceful assembly of citizens. And citizens do not have to pay for the realization of constitutional right on peaceful assembly at all, even by the way of such dependent, but obligatory and even imposed payments, which are absolutely groundless and unproven and are demanded for absolutely unnecessary and pointless additional medical services and expenses based on them…       

As the result of four days of meeting and negotiations there was a signed agreement (see attachment №5) on a medical assistant present during a picket and a calculation of expenses (see attachment №6), which remain questionable for the ordering customer. The final sum in calculation is almost 4 times bigger than the salary of medical assistant and contains even charge for profitability in the amount of 30% (?). At it seems, such calculations may be correct only in regard to payment of real special medical services by business entities or customers as temporary employers, but not in regard to average citizens (retirees, pioneers, unemployed and representatives of other social and civil and political groups) who are forced to exercise their inherent constitutional right on commercial basis because of such “commercial sieve” of payment method and by refusing from their constitutional rights and guarantees on them supposedly on their own initiative (!?).   

In any case it would be necessary to make sure that both parties understood each other and made everything possible to put this paid service agreement with very doubtful (from legal and economic point of view) into cold storage (see article 4.3 of the agreement in the attachment) in case it will be needed.  

What about other application offers, then applicants didn’t manage to conduct paid agreements demanded by the executive committee. So, housing and utility sector replied that they have no staff available for providing cleaning of the grounds after the picket, and the authorities of Municipal Department of the Interior didn’t reply to the application at all. However the position of local police was clearly presented by the Head of Zhodzina Municipal Department of the Interior Siarhiej Siaviec during previous court case chaired by Judge Ivan Hinkievicz. Zhodzina Municipal Department of the Interior doesn’t conduct such agreements and acts in accordance with Laws “On the police” and “On mass events” and relevant Resolution of Council of Ministers № 207, which prescribes another official order of policemen acting in such circumstances.

As the result we can conclude that demanded according to article 5 of Decree № 1020 from July 27 of 2012 by Zhodzina executive committee paid agreements for additional or special services during mass events of civil and political focus, but not the “other mass events” (sports, commercial and others) cannot be conducted with those state institutions which are not stated as main, without violation their own regulations, the Resolution of Council of Ministers № 207 (in particular) and articles 23 and 35 of Main Law, articles 21 and 19 of International Covenant on Civil and Political rights, and also demands of Civil Code of the Republic of Belarus regarding main principles of conducting any legal agreements (self determination, reasonableness and so on). There are no other institutions in town which are able to conduct such service agreements.

Information provided and what documents contain (see attachments) prove one more time that the demand to attach copies of paid service agreements to application on holding a mass event is impracticable, unproven and illegal. This demand can be correct only in regards such category of mass events as “other mass events” (commercial, sports, and holiday and nundial and others).  

ATTACHMENTS:

1) Application offer on conduction a service agreement with health professionals ( Zhodzina Municipal Hospital);

 

2) Reply from the Municipal Hospital with a suggestion to conduct an agreement (by e-mail);

3) Additional requirements of applicants (by e-mail);

4) Standard agreement on medical assistance which was further changed by legal assistant of Municipal Hospital;

5) Final signed agreement;

6) Suggested calculation to the signed agreement.

Alaksiej Lapicki,
specially for Belarusian Legal Portal,
www.prava-by.info

Photo by A.Lapicki

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