Klimavichy resident appeals against biased decision of administrative commission

2014 2014-05-22T13:51:05+0300 2014-05-22T13:51:05+0300 en http://spring96.org/files/images/sources/marchanka-alena-1.jpg The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”
Alena Marchanka

Alena Marchanka

Alena Marchanka, a resident of the village of Domamerychy, Klimavichy district, filed today a complaint with the Court of Klimavichy district against the decision of the administrative commission of the Klimavichy District Executive Committee of May 13, 2014.

Ms. Marchanka asks the Court in her complaint to overturn the decision of the administrative commission and terminate the administrative proceedings against her, to issue a special ruling against the commission, as well as to return the state fee.

The administrative commission of the Klimavichy District Executive Committee punished Alena Marchanka with a fine of 2,250,000 rubles finding her guilty of violating Part 1 of Art. 15 of the Administrative Code for breaking veterinary rules.

Ms. Marchanka disagrees with the ruling, calling it one-sided, incomplete and biased, as it was reportedly accompanied by gross violations of the law.

The claimant believes that the administrative commission’s decision is a punishment for her principled stand and for the mere fact of appealing against the earlier decision and the administrative commission, for which the officials of the Klimavichy District Executive Committee were brought to justice.

Of the same opinion is local human rights defender Barys Bukhel.

“In this case we can say that the administrative commission violated Alena Marchanka’s right to appeal and actually punished her for her complaint,” said Barys Bukhel. “In addition, after considering the administrative case against Ms. Marchanka, the administrative commission increased the penalty against her, which is unacceptable according to the current legislation and the established administrative legal practice.”

Ms. Marchanka’s confrontation with local authorities began after she opposed the killing of her pigs due to the threat of African swine fever. She was then brought to administrative liability under Part 1 of the Administrative Code’s Art. 15.38 and warned for violation of the veterinary and animal health rules.

On February 5, the Klimavichy District Court quashed the administrative commission’s decision and ordered a reconsideration of the administrative case.