Ministry of Justice of Belarus – 1st Appeal
Submitted COMPLAINT to the Ministry of Justice 2019.03.05
Complaint: Breach of Services Abroad
Complaint:
I am a Swedish citizen and have constantly lived in Sweden. I have repeatedly requested that the judicial authorities send correspondence through official channels. The Oktyabrsky District Court of Minsk ignores my requests and the international obligations of Belarus. For example, they send me email notifications in Russian, although I do not know Russian.
Guided by:
– the Convention on the delivery abroad of judicial and non-judicial documents in civil and commercial matters by Decree of the President of the Republic of Belarus of April 7, 1997, No. 229,
– and taking into account, given the task of ensuring the unity of the law enforcement practice In the Republic of Belarus, the Resolution of the Plenum of the Supreme Economic Court of the Republic of Belarus of October 31, 2011, No. 21 “On some issues of the consideration of cases involving foreign persons by the economic courts of the Republic of Belarus”, which contains instructions for the proper delivery of court documents to foreign citizens into account in the context of the task of ensuring.
Please specify the court on the need to respect international law, which establishes an appropriate procedure for the delivery of judicial documents to foreign citizens. To forward all judicial correspondence through the official state authorities, properly executed and translated.
Nicolas Cheropoulos,
Citizen of the Kingdom of Sweden
Stockholm 2019-03-05
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Received ANSWER from the Ministry of Justice 2019.03.13
on my Complaint dated 2019.03.05
On specifying the scope of competence
In response to your appeal received on March 6, 2019, the Ministry of Justice of the Republic of Belarus, within the scope of its competence, reports the following.
The procedure for the filing of appeals with state bodies and other organizations by citizens and legal entities, as well as the procedure for considering such appeals, is established by the Law of the Republic of Belarus No. 300-З “On Appeals of Citizens and Legal Entities” of July 18, 2011 (hereinafter the Law) and by Decree of the President of the Republic of Belarus No. 498 “On Additional Measures for Processing Appeals of Citizens and Legal Entities” of October 15, 2007 (hereinafter – Decree No. 498).
In accordance with paragraph 3 of Article 10 of the Law, when the state body or another organization receives appeals containing issues that are not within their competence, they leave the appeals without consideration of the merits and specify to which organization the issues stated in the appeals should be referred.
According to Decree No. 498, the Ministry of Justice considers the merits of appeals related to the field of justice, including the issues of registration of acts of civil status, monitoring the implementation of these activities, issues related to the organization of the work of the enforcement agencies, monitoring compliance with the law on notaries, on legal practice and on providing legal services.
Your appeal does not contain issues related to the
competence of the Ministry of Justice (!?).
By virtue of Decree No. 498, the chairpersons of the respective courts of the Supreme Court of the Republic of Belarus are responsible for the consideration of the merits of appeals related to judicial activities, including the organization of the work of district (city) and regional (Minsk City) courts.
By virtue of Decree No. 498, the chairpersons of the respective courts of the Supreme Court of the Republic of Belarus are responsible for the consideration of the merits of appeals related to judicial activities, including the organization of the work of district (city) and regional (Minsk City) courts.
Furthermore, hereby we inform you that, in accordance with paragraph 2 of article 3 of the Law, foreign citizens and stateless persons, representative offices of foreign organizations may exercise their right to appeal on an equal basis with citizens and legal entities of the Republic of Belarus, unless otherwise specified by the Constitution of the Republic of Belarus, laws and international treaties of the Republic of Belarus.
Furthermore, it is important to note that, in accordance with the Law of the Republic of Belarus No. 334-З “On Lawyers and Legal Practice in the Republic of Belarus” of December 30, 2011, rendering legal assistance to clients on a professional basis in order to exercise and protect their rights, freedoms, and interests is one of the main objectives of the legal practice. Therefore, you are entitled to contact a lawyer of your choice to receive legal assistance, including advice and clarification on legal issues.
Deputy Minister, I.G. Tushinsky & A.D. Avdeev
Mr. Tushinsky and Mr. Avdeev were obviously not versed in “The Hague Convention” and must have been in a hurry to dismiss my Appeal. They sent me the exact same answer, one was with a date, the other without a date!
Thus, when they state that my appeal does not contain issues related to the competence of the Ministry of Justice, they are wrong! I will develop this later on. Either they don’t know their jobs, or they just choose to ignore my Appeal!
Alice in Belarus (Wonderland)
Worth noting, Mr. I.G. Tushinsky was one of the names on the sanction list presented by the Council of Europe in 2011.
Источник: https://telegraf.by/arhiv/eu_announced_new_names_of_banned_belarusian_officials/
Tushinsky Igor Geroninovich, Ex-Deputy Minister of Justice (И.Г.Тушинский)
Avdeev Andrey Dmitrievich, Ex-Deputy Minister of Justice (Авдеев Андрей Дмитриевич)
Attached Hereto:
# 2019.03.13 RU Reply from the Ministry of Justice on my complaint RU (5911280)
# 2019.03.13 RU Reply from the Ministry of Justice on my complaint RU (5911273)
# 2019.03.13 EN Ministry of Justice responds to my Appeal-Complaint dated 2019.03.05 (5911280)
Николаос АА Черопулос
Отец Анти и Александры
Stockholm, Mar. 2019
Пересмотрено октябрь 2023 г.
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