Restore "good name"

A citizen, Mr. M., residing in one of the settlements of the Brest region, appealed to the regional prosecutor's office with a complaint about being brought to administrative responsibility by the court of the Orsha district and the city of Orsha based on a protocol drawn up by employees of the Orsha Department of Internal Affairs on Railways for appearing in a state of alcoholic intoxication in a public place for the second time within a year – on the territory of the railway station Orsha-Central (Part 3 of Article 17.3 of the Code of Administrative Offenses of the Republic of Belarus).

The citizen claimed that he could not have committed this administrative offense, as at the time specified in the ruling he was at his workplace, which is located in the Brest region. He was not present during the consideration of the case and only learned about being brought to administrative responsibility after enforcement proceedings were initiated against him.

The check established that citizen M. could not have been on the territory of the specified station at the time indicated in the ruling on the administrative offense, as he did not leave the borders of the Brest region that day, which is confirmed by information about his telephone connections and documents provided from his place of work.

In addition, during the verification activities, the fact of unlawful bringing of the specified citizen to administrative responsibility by the Orsha Department of Internal Affairs on Railways was revealed. Employees of this department had previously, on the same day, imposed an administrative penalty on citizen M. for drinking beer in the station square of the same station (Part 1 of Article 17.3 of the Code of Administrative Offenses of the Republic of Belarus).

In view of the foregoing, the regional prosecutor's office filed a protest against the ruling of the court of the Orsha district and the city of Orsha, which was upheld by the Vitebsk Regional Court. The ruling of the Orsha Department of Internal Affairs on Railways was canceled by the prosecutor's office in supervisory review, and an instruction was sent to the head of the specified department to conduct an official investigation into the disclosed facts.

Prosecutor of the Department for Supervision of Legislation Enforcement and Legality of Legal Acts
A. Nizyulko.