Liquidation Suit

2003 2003-09-16T10:00:00+0300 1970-01-01T03:00:00+0300 en The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”

The Ministry of Justice of the Republic of Belarus

220004, Minsk, Kalektarnaya Street 10.

Telephone No. 220-86-87, fax 220-96-84.

02.09.2003 06-04/ 7352

To the Supreme Court of the Republic of Belarus,
Lenina Street 10, 220681, Minsk

Plaintiff: the Ministry of Justice of the Republic of Belarus
Kalektarnaya Street 10, 220004, Minsk.

Defendant: the Public association “Human Rights Center “Viasna”
Smorhawski Passage 3-1, 220053, Minsk.

Suit

About liquidation of the Public association
Human Rights Center “Viasna”

On 15 June 2003 the Ministry of Justice of the Republic of Belarus registered the Public association “Human Rights Center “Viasna” (registration certificate No. 00111).

According to Article No. 25 of the Law of the Republic of Belarus “About public associations” there has been conducted a check-up to find whether the activity of this public association corresponds to the demands of the legislation and the Statute.

During the check-up it was found that during the registration the founders of this association violated the demands of Article No. 13 of the Law of the Republic of Belarus “About public associations”, point 3 of the Ruling, adopted by Decree of President of the Republic of Belarus of 26 January 1999 no. 2, point 2 of the Rules, adopted by the Minister of Justice of the Republic of Belarus of 15 may 1995 No. 108.

In private, the association presented the documents that have no juridical validity (the minutes of the Constituent assembly of the association founders, the minutes of the Constituent assembly on creation of Brest branch of this association, the list of the Board members, the list of the Revision commission members, the list of the initiators of Vitsebsk, Brest and Homel branches), as these documents have a number of forged signatures.

Moreover, during the registration the assembly didn’t confirm its Republican status, by which at that time the demands of the decision of the Republican commission on registration (re-registration of public associations (Minutes No. 10/158/4) of 24 March 1999): the existence of founders in one of the regions (in Mahiliow region there were 8 people instead of 10) wasn’t confirmed.

During the check-up of the association it was found that during its activity it has repeatedly violated the demands of the Statute (points 3.1, 4.5 and 5.1) and, as a result, the demands of Article No. 4 of the Law of the Republic of Belarus “About public associations”, Article No. 48 of the Civil Code of the Republic of Belarus.

In private, the membership dues are not paid (athwart the Statute demands) and the branch on the territory of Minsk hasn’t been created.

There’s also the fact of violation of the violation of the demands of the electoral legislation (Ruling of the Central commission of the Republic of Belarus on elections and holding of Republican referenda of 8 September 2001) by this association.

The mentioned association doesn’t execute the demands of Article No. 72 of the Civil Process Code of the Republic of Belarus, Article No. 22 of the Law of the Republic of Belarus “About public associations” and point 2.1 of the Statute: the public association has applied to the Supreme Court of the Republic of Belarus with the request to allow it to defend the rights and represent the legal interests of the citizens who are not its members.

In such circumstances, being guided by sub-point 2 of point 2 of Article No. 57 of the Civil Code of the Republic of Belarus and Article No. 29 of the Law of the Republic of Belarus “About public associations” we ask to decide for liquidation of the Public association “Human Rights Center “Viasna”.

Taking into consideration that the Ministry of Justice, in accordance with the ruling of the Soviet of Ministers of 4 April 2002 is freed from paying the State fee for suing to court, the document about payment of the fee is not submitted.

Attachment:
1. the copy of the Statute of the PA “Human Rights Center “Viasna” on 26 pages – 1 item;
2. The copy of Registration certificate No. 00111 of 15 June 1999 on 1 page – 1 item;
3. The copy of the application for registration of 15 September 1998 on 2 pages – 1 item;
4. The copy of the minutes of the Constituent assembly on 5 pages – 1 item;
5. The copy of the list of the elected bodies on 2 pages – 1 item;
6. The copy of the minutes of the Constituent assembly on creation of Berastse branch on 2 pages – 1 item;
7. The copy of the minutes of the Constituent assembly on creation of Mahiliow branch on 1 page – 1 item;
8. The copy of the minutes of the Constituent assembly on creation of Homel branch on 1 page – 1 item;
9. The copy of the minutes of the Constituent assembly on creation of Vitsebsk branch on 2 pages – 1 item;
10. The coy of the list of initiators of the group on creation of Vitsebsk branch on 2 pages – 1 item;
11. The copy of the list of members of Mahiliow branch on 1 page – 1 item;
12. The copy of the list of members of Brest branch on 1 page – 1 item;
13. The copy of the list of members of Homel branch on 1 page – 1 item;
14. The copy of the list of the creation initiators (10 people) on 2 pages – 1 item;
15. The copy of the notice on the results of the check-up to find whether the activity of the PA “Human Rights Center “Viasna” conforms with the Statute and the present legislation on 2 pages – 1 item;
16. The copy of the Ruling of the Central commission of the Republic of Belarus of 13 September 1999 on 1 page – 1 item;
17. The copy of the letter of the Supreme Court of the Republic of Belarus of 13 September 1999 on 1 page – 1 item;
18. The copy of the minutes of the sitting of the Republican commission on registration (re-registration) of public associations No. 10/158/4 of 24 March 1999 on 1 page – 1 item.

Justice Minister: V. R. Halavanaw

Fishkina 223 27 93

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