Minsk resident Aliaksei Balashou lodged a complaint with Minsk City Court appealing an earlier verdict by Minsk Maskouski District Court. However, the reply received by the plaintiff was signed by the same judge who sentenced Mr. Balashou to 5 days of arrest.
In her reply, Judge Volha Krauchanka says the claimant has no legal right to appeal the verdict. Thus, the judge accepted the responsibility of a superior court and by doing this violated the Code of Administrative Procedures.
“Judge Krauchanka argues that my complaint was submitted on 15 July, i.e. more than five days after the verdict by Maskouski District Court. Considering this, the complaint was not sent for consideration by Minsk City Court. In reality, the complaint was submitted on 12 July, which is certified by a postal seal and the claim itself. Thus, the claim was submitted in due time. Apart from that, under Par. 2 Art. 12.04 of the Code of Administrative Procedures, the incoming complaint should be sent to a competent court within 3 days. In this case, the court is Minsk City Court. Therefore, it is not clear why Judge Krauchanka accepted responsibility of a superior court and ruled to the appeal”, says Mr. Balashou.
In his complaint to chair of Maskouski District Court, Aliaksei Balashou demands to take urgent measures to submit the initial complaint, together with the administrative case file, to Minsk City Court and order Judge Krauchanka to implement the legal provisions, while executing the functions of a judge.