Businessmen accuse the chief physician of the first maternity hospital of Nikolaev of illegal actions. About it they collected a press - conference where except mass media invited representatives of law enforcement agencies and other instances to whom officially appealed to give a legal assessment to actions of the management of medical institution. However, with the loud name "Illegal Activity of the Honourable Citizen of Nikolaev — the Chief Physician of Maternity Hospital No. 1 Evgeny Volokhov" uninvited guests tried to break this action. But, about everything one after another.
On April 13, in the building business - the Aleksandrovsky center I had to will take place a press - conference which three business owners to tell about the problems decided to carry out and to publish a number of the shouting facts about activity of the well-known person in the city of Nikolaev. Providing photos and video of service in a solemn extract of newborns businessmen Dmitry Melnik, Vadim Kolesnikov and Rostislav Badretdinov rented the room a press - the center, intending in confirmation of the words продемонстриваровать videos available for them, and also to involve in action of the consumers using photoservices in maternity hospital No. 1.
But, on this action, besides journalists and participants a press - conferences, came representatives of the second party of the conflict - people at whom, according to them, Evgeny Volokhov's reputation doesn't raise doubts. Among supporting the chief physician of maternity hospital No. 1 representatives горздрава and a depuy corps of the Nikolaev city council, and also a group of persons about fifteen people presented simply by the public were noticed. They blocked pass to a press - the center and demanded that them let in a hall, having declared that if to them won't allow to enter, action won't take place. Among zealous defenders E.Volokhova his colleague on a depuy corps of city council and the member of the same party from Party of Regions Valery Burkun who declared is noticed that they won't allow to carry out a press - conference. The main character about whom had to there be a speech, - conference didn't come to a press. And here the defenders of the honourable citizen conducted by V. Burkun, blocked a door and very much tried to break through in a hall in which had to will take place exposure.
Organizers a press - conferences, in turn, didn't want to allow strangers in a hall, motivating it with that the support group of E.Volokhov can break action. While two of businessmen adjusted equipment for demonstration of the videos, the main function of the negotiator was assumed by the third businessman Vadim Kolesnikov. Comic verbal sparring during which V. Kolesnikov on request of uninvited guests provided the certificate of the business owner and the receipt on a tenancy a press - the center was started not. But also after that defenders of the chief physician of the first maternity hospital refused to unblock a door in a hall.
Approximately in an hour after the beginning of "operations" V. Kolesnikov caused militia, but it helped a little: the arrived militiaman was discouraged by the events therefore under a pretext to call the administration as quickly both I appeared, and disappeared.
Warring parties tried to find a compromise. So, V. Kolesnikov suggested to stay for a while on a press - conferences only to the deputy of the City Council V. Burkun as the representative of support group of Evgeny Volokhov, and all the rest to wait behind a door. However the deputy refused to pass in a hall without other visitors who came with it.
In half an hour organizers of action had to cause the second time militia which, despite that V. Kolesnikov and rented a hall, didn't want to remove the indignant party. Then businessmen made the decision to distribute to journalists texts of the written address to mass media, disks with videos, and to comment on an essence of the claims. Considering that fact that the term of a tenancy came to an end, and someone had to defend an entrance to a hall from uninvited guests, on behalf of injured businessmen V. Kolesnikov who told an essence of claims to E.Volokhov acted and answered questions of journalists.
Finally, from representatives of support group of the chief physician of the first maternity hospital in a hall - the center the deputy V. Burkun deigned to pass a press.
ESSENCE OF CLAIMS
As photographers - businessmen told, they were united by the same problem which has arisen in Nikolaevsk maternity hospital No. 1. According to their statement, the chief physician of medical institution violates their rights and legislation requirements as photographers addressed to E. Volokhov with missives in which asked for permission to a tenancy for providing the services in the maternity hospital territory. However their addresses were ignored.
"I in writing addressed in maternity hospital No. 1 to the chief physician Volokhov on the fact that to lease the room in maternity hospital, - the businessman tells. - From the staff of maternity hospital I knew that since March first the room is free. Under the law to rent it, it is necessary to submit the application addressed to the chief physician, then to address in management of municipal property, and to pass the tender to get permission. I also made it. Here the receipt - the certificate of that it reached - well to Volokhov. But the answer to my address to the chief physician didn't follow. After a while I once again wrote the letter, but the answer wasn't. I began to doubt, went to meet personally mister Volokhov".
V. Kolesnikov declared that the vacant post for which he applied and other businessmen, from Evgeny Volokhov's blessing was occupied by certain photographers without procedure of carrying out competition that contradicts the law on rent of municipal property which the maternity hospital is.
"When arrived, it wasn't, but I saw that there already certain persons carry out a photo - and video filming. I asked, on what basis they do it. To me answered that all questions to the chief physician supposedly he is a director, he and solves all. The room there now rent without contract, women in labor are compelled to pay 60 UAH for a ceremony, expensive shooting: one photo - 10 UAH, a disk 180 of UAH moreover and bad quality", - was declared by V. Kolesnikov.
According to V. Kolesnikov, besides that services of poor quality provided by "roddomovsky" photographers, and the prices high also the city budget receives less means for a tenancy since competition wasn't held. Instead, assignments which could fill up city treasury, go to a private pocket. For an example it gave the quotations (a photo of 7 hryvnias, a disk 100 of hryvnias) with which, in his opinion, it was possible to win at competition if the such was carried out.
The same result was and at D. Melnik's businessmen and River.Badretdinova who with similar letters in February 26 and 27 respectively addressed to the maternity hospital management, but remained without answer. Three of them united and addressed to the public. Here its contents:
"We, different business owners who were united by the same problem which has arisen in Nikolaevsk maternity hospital No. 1, professionally are engaged in granting a photo - video of services to the population, in particular, to women in labor and their families at an extract of newborns from maternity hospitals.
Considering impossibility to solve the arisen problem independently and that counteraction which we had to face in the first maternity hospital concerning creation of artificial barriers in implementation of professional activity, compels us to address to the public and publicly to tell the truth about the facts of a violation of the law.
In - the first the matter is that our official appeals to maternity hospital No. 1 administration addressed to the chief physician Volokhov Evgeny Pavlovich, directed at the end of February the beginning of March of this year for the purpose of a tenancy, were ignored by the medical institution management. We still didn't receive the written answer to the addresses that violates requirements of the law about the address of citizens.
Our appeals to the first maternity hospital were not casual as we knew that since March there will be an opportunity for a tenancy owing to what we, everyone in itself, and addressed in writing to the chief physician, on what there are receipts on delivery of letters.
In - the second instead of receiving this or that official answer, we in March established that in the territory of the first maternity hospital already there were certain photographers and started working there in the vypisny room without registration of the lease contract of the room at the competitive bases that breaks the law on rent of the state and municipal property.
All our intentions to achieve legality and justice by negotiations with the chief physician Evgeny Volokhov weren't crowned with success. They were reduced to that, from his words, words of staff of maternity hospital No. 1 and photographers who there work, only mister Volokhov defines whom to work in maternity hospital, instead of competition that is provided by the law. From the management of maternity hospital No. 1 is a consequence of such illegal actions not only restriction of our legitimate rights, but also that:1) consumers - women in labor and their families pay today a photo - service video not quality for exclusively high prices (180 hryvnias a disk and 10 hryvnias one photo); 2) the city budget doesn't receive in addition means for a tenancy, the highest payment for what could define only open competition …
We want that the management of medical institution observed legislation requirements and that competition on a tenancy under photo implementation - video of services was held that will allow to define that businessman who will offer the highest rent rate and the best services for consumers at the lowest prices".
As businessmen reported, they addressed in a number law-enforcement and supervisory authorities with a request to carry out inspections in maternity hospital No. 1 of Nikolaev and to give a legal assessment to actions of the management of maternity hospital.
"... considering that on the person signs of abuse of official position, we were compelled to address officially in regional prosecutor's office, tax administration, management on protection of the rights of consumers, control - auditing management, antimonopoly committee and Ministry of Health with a request to carry out inspections and to give legal assessment of the situation and to actions of the management of medical institution", - it is spoken in the address of businessmen to mass media.
Making comments on a situation, the deputy of the City Council Valery Burkun declared that businessmen at all don't know capture process in rent of the room of municipal property - maternity hospital, and that leasing of the room of maternity hospital not in competence of - on Volokhov.
At the same time, on the video records distributed by businessmen conversations with people who came behind orders (photos and video disks) on April 2 are imprinted. On record confused newly made fathers who according to instructions came to take away the order, state bewilderment by poor quality of service and the rejected video disk, trying to ring the administrator Anna accepting payment. And at this time local photographers at maternity hospital suggest to address on all questions to the chief physician who, according to them, personally defines whom to work in maternity hospital and to whom isn't present.
"on April 7 I managed to meet mister Volokhov, - V. Kolesnikov tells. - He explained nothing to me how selected photographers, at any bases they there work. In a rough form I told only that I there won't work. I also wrote down all this on video".
On the disk provided by the businessman, the conversation recording of people with the voices similar to V. Kolesnikov and E.Volokhov, however faces of people who talk is presented, it isn't visible. We give interpretation of this conversation which has been written down on a disk:
- You won't work here - I told you, I am Volokhov Evgeny Pavlovich in the original.
- I wrote you the letter.
- Write though to the Ochakov rabbi.
- Why I can't work for you?
- Because I don't want that you worked for me. I am Volokhov, II have such right. Who are you such? You talked to me in general? Leave quietly home. And the camera take away that you incidentally didn't drop it.
Yes idle talk very nervous.
Vadim Kolesnikov is afraid for the health. It was declared by the businessman leaving a hall in which had to will take place a press - conference. He claims that already there were attempts of attempt at it. In particular, according to him, after conversation with the chief physician which he wrote down on a disk, it was pursued by the car.
Yes, of course, it is more than emotions than enough. However, emotions emotions and to clear a situation and to hear the point of view of other party of scandal we after a press - conferences addressed directly in a reception to E.Volokhov by phone 35-23-55. The employee of the first maternity hospital, having learned that will be a question of legitimacy of stay in their territory of photographers, I refused to connect us with the chief physician, despite our numerous calls, having referred to that, E.Volokhov is occupied and is on operation. Thus she refused to tell the name. And here who will be able to give answers to the following questions.Who provides today photoservices in the maternity hospital No. 1 territory? On what legislative bases this activity there is carried out? Whether there are documentary confirmations, for example, the room lease contract, when and between whom it was issued if that is available? On the basis of what the cost of services is created and whether competition on selection of photographers was held? Arrived and whether demands of businessmen which collected a press - conference were considered, whether official answers and if isn't present why were given on them?
Besides, trying to find answers, we contacted the roddomovskikh administrator of photographers Anna which phone (8-067-408-89-00) is specified receipts of one of the newly made fathers, wished to show it to injured businessmen that is recorded on the video provided by them from the first maternity hospital. In response to the questions posed Anna refused to report data, having told that "this firm in any way isn't called and on all questions address to the chief physician".
What is the time it would be required to receive still answers to the questions posed about activity of photographers at maternity hospital, difficult to tell. But, for the sake of objectivity, considering that the chief physician E.Volokhov is the well-known person in Nikolaev, we decided to address to primary sources, namely to laws of Ukraine which would allow to formulate a clear idea of about what I there was a speech on a press - conferences and from - for what, as a matter of fact, the conflict burst.
So, in the article 20 Law of Ukraine "About the address of citizens" which regulates terms of consideration of addresses of citizens, it is told that "addresses are considered and solved at lines no more than one month from the date of their receipt, and what don't demand additional studying, - neotkladno, but not later than fifteen days from the date of their receiving. If in a month to resolve the questions raised in the address it is impossible, the head of appropriate authority, the enterprise, department, the organization or his deputy establish necessary term for consideration about what it is reported to the person who submitted the address. Thus total period of the solution of the questions raised in the address, can't exceed forty five days. The term of consideration can be reduced by the reasonable written requirement of the citizen from the term established by this article".
Thus article 24 of the same law says that "the persons guilty of violation of this law, bear the civil, administrative or criminal liability provided by the legislation of Ukraine".
It is clear that concerning the one who is right who is guilty, appropriate authorities have to put a verdict, but another is unclear. If the businessmen who have publicly declared the problems with the chief physician E.Volokhov, really addressed to him with letters (on a photo) at the end of February why still didn't follow the answer from the medical institution management? Whether is it a mistake someone from the staff of maternity hospital No. 1 of Nikolaev or their conscious decision to benefit and put ""?
On the other hand, article 9 (item 7) of the Law of Ukraine "" says about rent of the state and municipal ownership that "in the presence of statements for rent of a complete property complex of the enterprise, its structural division (on condition of absence of the statement of the economic society created by members of labor staff of the enterprise, its structural division) or statements for rent of real estate (on condition of absence of the statement of the budgetary establishment, the organization) from two or more natural or legal entities the tenant is defined by the lessor on the competitive bases".
At what, "the initiative concerning rent of property can proceed from natural and legal entities who can be tenants according to article 6 of this Law, the offer can arrive from the lessors who have been marked out in article 5 of this Law. The lessor can announce competition on the right of rent of property in the order established by part of the seventh article 9 of this Law", - is told in item 1 of article 7 of the same law.
Whether competition on selection of photographers for work in maternity hospital was held, we don't know, but, at least, that in maternity hospital submitted applications for a tenancy some businessmen, among which and V. Kolesnikov, D. Melnik and R. Badretdinov is already obvious.
Well, and the last.In articles 364, 365 of the Criminal code of Ukraine according to which is defined, whether excess of the power or office powers, and also abuse of them takes place, is told that "officials are persons, constantly or temporarily carrying out functions of authorities, and also borrowing constantly or temporarily at the enterprises, in establishments or the organizations irrespective of form of ownership, the positions connected with performance organizationally - administrative or is administrative - economic duties, or carrying-out such duties on special power".
Excess of the power or office powers, according to the Criminal code, it is considered "deliberate commission by the official of the actions which are obviously going beyond the rights provided to it or powers if they did essential harm the protected law to the rights and interests of certain citizens, either the state or public interests, or interests of legal entities".
And "deliberate, from mercenary motives or in other personal interests or in interests of the third parties, use by the official of the power or official position contrary to interests of service if it did essential harm the protected law to the rights, to freedoms and interests of certain citizens either the state or public interests, or interests of legal entities" is already regarded, as an abuse of power or official position.
Anyway, but competent instances to which to give legal assessment of the situation have to put the end to "roddomovsky" scandal private photographers - businessmen appealed, having promised representatives of mass media and further to inform the public on succession of events and results of checks in maternity hospital No. 1 of Nikolaev.