In scandal epicenter unexpectedly there was an honourable citizen of Nikolaev, the chief physician of maternity hospital No. 1 Evgeny Volokhov. It депутат Nikolaev city council, honored doctor of Ukraine.To unpleasant incident in the first maternity hospital where on the different parties of barricades there were a chief physician and the businessmen, wished to rent in this medical institution the room for a photo - video filming, the other day it was devoted a press - conference in business - the Aleksandrovsky center. As from - for uninvited guests - support groups of E. Volokhov a press - conference appeared on the verge of failure, and the essence of a question moved to the emotional plane, "NB" decided to make own investigation, having collected and having analysed the facts and arguments of the parties.
Neither answer, nor greetings
To address for support to the public and mass media of businessmen Dmitry Melnik, Vadim Kolesnikov and Rostislav Badretdinov who are professionally engaged in rendering a photo - video services, scandalous practice which, according to their statements, takes place in city maternity hospital No. 1 induced.
Having learned that in March expires tenancy term for a solemn extract of newborns, applicants for the rented area since February began to address to the chief physician E. Volokhov with the corresponding letters (businessmen provided in "NB" of the copy of addresses and "Ukrpochta's" checks for the sent registered mail). Alas, from the head of medical institution in the penals established by the law they didn't get the answer then addressed repeatedly. However and this time their addresses were ignored.
- Everything wouldn't be so offensive if the chief physician leased to nobody the freed room, and simply in turmoil of everyday life forgot about requirements of the Law "About the Address of Citizens", - injured photographers tell. - But to the vypisny room, clearly, not without the knowledge of the maternity hospital management, in March "the" businessmen practicing a photo - video services drove. And without appropriate registration of the lease contract and without carrying out competition that is contrary to the Law "About Rent of the State and Municipal Property" as some subjects of business activity applied for this room.
Art.20 Laws of Ukraine "About the address of citizens"regulates terms of consideration of addresses of citizens. In it it is told that "addresses are considered and solved in time no more than one month from the date of their receipt, and what don't demand additional studying, - is urgent, 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".
According to the indignant businessmen who were united by the same problem, owing to current situation consumers are compelled to pay services in exclusively high prices, and the city treasury receives less means for rent of the municipal room what the maternity hospital treats also. If open competition was held, the highest rent would be defined. Instead the considerable sums, allegedly, leave "on the left".
- On April 7 I at last - that met mister Volokhov, - the businessman V. Kolesnikov explains.
- 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.
Actually, as a press - conferences as that, it didn't turn out, businessmen distributed to journalists the text of the statement and video records. On a disk the conversation recording of people with the voices similar to the businessman V. Kolesnikov and the chief physician E. Volokhov is presented:
-You won't work here - I told you, I am Volokhov Evgeny Pavlovich in the original.
- I wrote you the letter.
- Write thoughaboutto the chakovsky rabbi.
- Why I can't work for you?
- Because I don't want that you worked for me. IVolokhov, 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.
On video records alsoconversations of the people who have arrived behind orders (photos and video disks) in maternity hospital No. 1 are imprinted on the second of April. On record of steam of newly made fathers states indignation of poor quality of service and the rejected video disk. But new roddomovsky "masters of a treatment of light and shade" in reply offer on all questions "address to the chief physician" which, according to them, personally defines whom to work in maternity hospital and to whom isn't present.
The criminal codec says:excess of the power or office powers 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.
"It is all lie and nonsense"
We met Evgeny Pavlovich Volokhov in his study. Having learned about a conversation subject, the chief physician told that applicants for the room in6,7 metershe in eyes didn't see and any letters from businessmen didn't receive. And that they approve, it everything "lie and nonsense".
- If I received letters, - E. Volokhov, - that on them speaks, certainly, would answer. And on competition I will tell here that: as the head, I can lease the area and without competition.
Thus the head of maternity hospital didn't provide documents which would confirm that present tenants - photographers on the lawful bases work at the medical institution territory, having told only that "with documents at them everything is all right: are issued properly".
And how requirements of the legislation and written arguments of businessmen?
Today in maternity hospital No. 1 as established "NB", the photo - video of service are provided by a certain business owner Siryachenko A. Obryad of a solemn extract of newborns costs 60 UAH, one photo and a disk with video - 10 UAH and 180 UAH respectively. Every month more than 140 newborns are discharged from maternity hospital No. 1.
At the same time, the businessman V. Kolesnikov gave on a press - conferences the quotations (a photo of 7 UAH, an UAH disk 100) with which, in his opinion, it was possible to win at competition if that was carried out.
Such fact is interesting also: photographers declared that for the purpose of a tenancy under a photo - video filming businessmen Natalya Golubeva and Sergey Savitsky also addressed to the chief physician of the first maternity hospital, however they too were refused from - that, according to them, "E.Volokhov decided to be engaged in this business itself".
"… All our intentions to achieve legality and justice by negotiations with the chief physician Volokhov E.P. weren't crowned with success and were reduced to that, according to the chief physician, employees of maternity hospital and photographers who now there work, only mister Volokhov defines whom to work in maternity hospital …, - it is told in the address of injured businessmen to mass media. - Considering that it is available signs of abuse of official position, we are 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 desperate request to carry out the corresponding inspections and to give a legal assessment to the events in maternity hospital No. 1".
Art. 9 (item.7) The law of Ukraine "About rent of the state and municipal ownership"says about 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".
- We live in the constitutional state where the law for all has to be one. It nobody has the right to trample - the chief physician, simply doctor, the nurse... - the businessman D. Melnik speaks. - Therefore we attached copies of all materials confirming illegal actions of the chief physician of maternity hospital of Evgeny Volokhov to the appeals to the relevant state controlling instances. We hope that justice nevertheless will triumph.
The situation round maternity hospital No. 1 is ambiguous. There are many questions on which while there are no answers. Inquiries are sent to many instances, and only competent answers which, unfortunately, at the time of a release of the newspaper didn't arrive yet will be able to put the final end to this conflict, but, we think, won't keep themselves waiting.
But that such situation with delivery of rooms in rent developed, probably, and therefore that this process wasn't public and controllable is obvious: interests of a city community, alas, weren't considered. Certainly, Evgeny Volokhov - the person respected in the city, it made a lot of things for maternity hospital development, but the law and for Volokhov has to be same, as well as for all, despite of "stars".
"The Nikolaev Business"
RiverS. Considering a huge resonance of this scandal and its social importance, edition takes further succession of events on control. Readers of "NB" will be informed on them first of all.