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Lawsuits. Review

31/01/2013

In 2012 Office for the rights of persons with disabilities took part and assisted in several precedential trials in the sphere of protection of the rights of persons with disabilities. All the trials were won by the claimants – persons with disabilities who tried to protect their rights. In some time after the trials we asked the claimants “What happened after the trial had been finished and if the judgments were enforced?”

Khaletskiy’s case: labour relations

Khaletskiy filed a claim, in which he asked to find the firing to be illegal, reinstate him in job, recover average earnings for the time of enforced idleness and compensate for moral damages. Hearing of his case took place September 24, 2012 and the court satisfied his claim. Another hearing of Khaletskiy’s case took place on December 13 after the cassational appeal filed by the Defendant “Avtozavodskoi” and cassational protest by the prosecutor in cassational instance of Minsk city court. But during the hearing the prosecutor’s appeal was withdrawn. The cassational appeal by the defendant was considered but the court’s decision was left without changes. The claimant is waiting for the compensation and the return of state duty. In accordance with the law in some time he will have to appeal to executors in order to get his compensation.

“Barrier-free environment” case of Richard Pavlovskiy

Richard Pavlovskiy, a wheelchair-bound disabled, decided to build an apartment and signed an agreement with “Belinte-Roba” for constructing apartment in block of apartments in Minsk, Masherova av. 43. But the constructor violated the construction norms. Because the constructor declined to to bring the house in accordance with the construction norms, Pavlovskiy filed a suit to Pervomaiskiy court of Minsk. The Last hearing took place on September 27. The court satisfied the claim and sent the document s to Pervomaiskiy district’s executor. Now Richard Pavlovskiy has no information about any changes in his case: “I think that someone is procrastinating the time on purpose”, - says Mr. Pavlovskiy.

Matskevich’s case: wheelchair-bound disabled won the case on violation of the barrier-free environment norms

For the first time in Belarus court found state owned organization (Babruisk unitary communal branch road maintaining enterprise) guilty of violating the norms of barrier-free environment. Wheelchair bound disabled who got injured in the result of the accident got compensation for moral damage. Direct connection between the violation of barrier-free environment norms and the violation of the rights of persons with disability was found.
The final hearing of Matskevich’s case took place on July 23, 2012. City court of Babruisk satisfied the Matskevich’s claim to Babruisk unitary communal branch road maintaining enterprise on compensation for moral damages. Half a year later he told us what is happening now: “We won in court and the defendant had to compensate for moral damages and all the expenses. But till now I got nothing. But the case drew a wide response: the defendant company claimed its wish to lower curbs at all the pedestrian crossings in Babruisk. The infrastructure has been examined and I am sure that in the nearest future Babruisk will become much more accessible city”.
Sergey Drozdovskiy, the coordinator of the Office for the rights of persons with disabilities comments on the situation: “The cases we described are all precedential. Their successful winning in court shows positive potential of the development of protection of the rights of persons with disabilities in our country. We will follow the development of the situation”.