"Belposhta" tells "Hazeta Slonimskaya" to distribute circulation on its own
On the New Year eve the national unitary enterprise "Belposhta"
received a collective address with the request the request to include
the private newspaper "Gazeta Slonimskaya" in the state
sale network of the national unitarian enterprise "Belsayuzdruk".
The address was signed by more than 300 citizens of the Slonim
Several days ago the editorial staff of the newspaper received an answer signed by the deputy director general on exploitation Alena Skrypchyk, in which it was stated:
"Your collective address, filed to the national unitarian enterprise of postal communications "Belposhta", and also received from the secretariat of the Chamber of Representatives of the National Assembly of the Republic of Belarus concerning the inclusion of the newspaper "Gazeta Slonimskaya" in the subscription catalog, has been considered. I can tell the following about its results:
Article 391 of the Civil Code of the Republic of Belarus (further referred to as CC) establishes that physical and juridical bodies are free in the conclusion of agreements.
According to part 3 of Article 2 of the CC participants of civil legal relations acquire and realize their civil rights on their own will and in their own interests. They are free in the determination of their rights and duties on the basis of agreements and the establishment of any conditions of agreements provided they don't contradict to the law.
On the basis of point 1 of Article 17 of the Law #427-3 of the Republic of Belarus "On Mass Media" of 17 July 2008, distribution of mass media in conducted in conformity with the legislation of the Republic of Belarus by the legal body which implements the functions of the editorial board of the mass media, or on the basis of an agreement, concluded with distributors of media production.
There is no agreement between "Belposhta" and the editorial board of the aforementioned edition, according to which this edition could be included in the subscription catalog of the enterprise.
As far as the duty to include any mass media in the catalog is not provided by the legislation, the choice of printed editions for the catalog with the aim of their further distribution by subscription is the right of the national unitary enterprise "Belposhta", implemented by it in conformity with the legislation.
On the basis of the aforesaid, the distribution of the printed edition "Hazeta Slonimskaya" must be conducted directly by its editorial board."
It's worth mentioning that this situation has a long story – it has lasted since the beginning of 2006, when "Hazeta Slonimskaya" and a number of other independent printed editions were excluded from the list of the centralized subscription of "Belposhta".