After the repeated REJECTION, my Attorney, Mr. A.K., Submitted (again) an APPEAL/COMPLAINT to the Chairman of the Health Committee of the Minsk City Executive Committee, S.S. Malyshko, on the 8th of July 2020.
Malyshko Sergey Semyonovich (Малышко Сергей Семенович)
Chairman of the Health Committee of the Minsk City Executive Committee
+375 17 282-76-50
https://komzdrav-minsk.gov.by/employees/
November 10, 2020, appointed chief physician of the State Institution
“Republican Clinical Hospital of Medical Rehabilitation”
The answer is PENDING! The excitement has reached its maximum. We will see what excuses they will fabricate this time!
The Complete Appeal/Complaint:
Dear Sergei Semyonovich,
In accordance with Article 17 of the Law of the Republic of Belarus, “On Bar and Legal Practice in the Republic of Belarus”, acting as a representative of a citizen of the Kingdom of Sweden, Nicolas Cheropoulos and guided by Article 46 of Law of the Republic of Belarus No. 2435-XII dated June 18, 1993 “On Health Care”, Arzinger Attorneys-at-Law (hereinafter referred to as the Law Office) applied to the Health Committee of the Minsk City Executive Committee (hereinafter referred to as the Committee) on May 22, 2020, with a lawyer’s request for providing information regarding the healthcare institution where Alexandra Cheropoulou, born on April 01, 2015, and whose parent (legal representative) is Nikolas Cheropoulos, is being treated, as well as information about her health status.
According to the response dated June 15, 2020 (ref. No. 4-4/2/УН-1476), we were asked to contact the health institution “City Children’s Clinic No. 13” to receive the requested information.
Having submitted identity documents, a power of attorney confirming the authority to represent the citizen of the Kingdom of Sweden, Nicolas Cheropoulos, as well as documents confirming the degree of kinship of Nikolas Cheropoulos with his daughter Alexandra Cheropoulou, the Law Office appealed to the aforementioned healthcare institution on July 02, 2020, with a written statement as part of the administrative procedure for providing information on health status (extracts from medical records).
On July 07, 2020, we received a response (ref. number 06-04 / к-15) signed by the Acting Chief Medical Officer of the healthcare institution “City Children’s Clinic No. 13” N.P. Pivovarova stating that “due to the fact that the legal representative of Alexandra Ceropoulou, born on April 01, 2015, is her mother (Liudmila Trafimovich), only at her request our institution can issue an extract from medical records.” In this case, the healthcare institution absolutely unreasonably came to the conclusion that since the father of the child is a foreign citizen residing outside the Republic of Belarus, he is not the legal representative of the child, having the right to receive information about the state of health of his child.
We believe that the actions of the Acting Chief Medical Officer of the specified clinic N.P. Pivovarova grossly violated Part 1 of Article 46 of Law of the Republic of Belarus dated June 18, 1993, No. 2435-XII “On Health Care”, according to which information about the patient’s health status is provided by the attending physician to the patient or to the persons specified in Part 2 of Article 18 of the Law, including the parent (legal representative).
In addition, according to Part 1 of Art. 76 of the Code of the Republic of Belarus on Marriage and Family, fathers and mothers have equal rights and obligations in relation to their children. There is no court decision on the custody of Alexandra Cheropoulou exclusively by her mother, and the rights of her father, Nicolas Cheropoulos, have not been restricted by anyone so far.
Moreover, based on the content of the response received from the healthcare institution, our application was considered in accordance with Law of the Republic of Belarus No. 300-З dated July 18, 2011, “On Appeals of Citizens and Legal Entities” (hereinafter – the Law), the effect of which, pursuant to Article 2 of the Law, extends to appeals of citizens and legal entities, with the exception of appeals to be considered in accordance with the legislation on administrative procedures.
In this case, in violation of Article 18 of Law of the Republic of Belarus No. 300-З dated July 18, 2011, “On Appeals of Citizens and Legal Entities” (hereinafter – the Law), a written response signed by the Acting Chief Medical Officer N.P. Pivovarova is unreasonable and ungrounded, and the legitimate appeal of the Law Office has been absolutely illegally refused on far-fetched grounds.
Under such circumstances, in accordance with the requirements of Article 14 of the Law, we ask you to consider our repeated appeal on the merits and provide information on the state of health of the daughter of Nikolas Cheropoulos.
In the case of application of Law of the Republic of Belarus No. 433-З dated October 28, 2008, “On the Basis of Administrative Procedures”, when considering our application, we ask you to cancel the administrative decision of the healthcare institution “City Children’s Clinic No. 13” refusing to implement the administrative procedure and issue a new administrative decision on its implementation, providing information on the state of health of Alexandra Cheropoulou, born on April 01, 2015.
At the same time, we demand an official investigation of the gross violation of the current legislation on health care, marriage, and the family and administrative procedures by the employees of the City Children’s Clinic No. 13, as a result of which the perpetrators must be held liable according to the Law, all this with a written notification of the Legal Office.
In the case of improper consideration of this appeal, we reserve the right to contact the authorities exercising on behalf of the state the supervision of the accurate and uniform implementation of regulatory legal acts in the territory of the Republic of Belarus.
Annex: a copy of the Healthcare Institution “City Children’s Clinic No. 13” response on 1 sheet.
Best regards,
Managing Partner of Arzinger Attorneys-at-Law /signed/ A.S. K.
Attached Hereto: The Complete Appeal/Complaint
- 2020.07.08 RU Appeal-Complaint to the Chairman of the Committee, Mr. Malyshko S.S Жалоба КомЗдраав
- 2020.07.08 EN Appeal-Complaint to the Chairman of the Committee, Mr. Malyshko S.S Жалоба КомЗдраав
Amendment:
2020.07.31 Received a written answer from the Executive Health Committee dated 24th of July 2020 that they acknowledge the breach of the procedure by the 13th hospital administration and have instructed the administration on the right way of providing the information.
My Attorney, Mr. A.K., submitted a new request on 2020.07.31 to the Hospital Administration to provide information regarding the health status of my children.
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