The executors did not come to evict the Yereski family

On January 10, 2013, the bailiffs intended to evict the Yereski family with their minor daughter. So far, the “forced entry” into apartment 53 of house 27 on Rokossovsky Street in Chernihiv, where the family lives, has not been carried out. The state bailiffs simply did not come.

Instead, a protest against human rights violations took place near the house, in which more than twenty representatives of several public organizations and concerned citizens took part. There were no bailiffs at the scene.

The representatives of the guardianship authorities invited to the “eviction” did not identify themselves to either the press present or the child’s parents. Only uniformed police officers, “plainclothesmen” and a locksmith from the Housing Office with a suitcase of tools for “forced entry” were identifiable (by appearance and mannerisms).

It turned out that the previous evening, a special person had visited Yereskiv’s apartment with a Resolution on the postponement of enforcement proceedings. The document states: “during the execution of enforcement proceedings, the debtor reported that a minor child was registered and lives at the address of Chernihiv, Rokosovskogo St., building 27, apt. 53. Such circumstances prevent the execution of enforcement proceedings.”

The state bailiff ruled: “Postpone the execution of enforcement proceedings on forced execution… for a period of up to 10 (ten) working days.” The family was not explained what “up to 10” meant.

Without resorting to assessing the “legality” of court decisions and the actions of the bailiff service, one can ask them the question: “Was it really hard to imagine that a husband and wife sometimes have children?”

“All the events with the Yereski family – the unpunished and even underinvestigated fraud, courts with completely opposite decisions, the inaction of other state bodies – only indicate that our state lacks a clear system for protecting human rights and, in particular, children’s rights,” said Serhiy Burov, head of the M’ART public organization, in a conversation with media representatives present at the rally. “We will not stop at this “postponement of proceedings” and will strive for fair court decisions. If the state of Ukraine cannot protect its citizens, then the Ukrainian Helsinki Human Rights Union, of which our organization is a member, will help them defend their rights in the European Court.

What happened to this family can happen to each of us. We can suffer for various reasons: our own ignorance and incompetence, someone’s criminal actions, etc.

However, every person must be protected by the state from cruel treatment, interference in private and family life. Moreover, the state has a duty to take positive action. We do not all have to be lawyers and know all the intricacies of jurisprudence.

We do not have much power to independently resist criminal acts. Protection and support are the duty of the state. The state that we created precisely in order to feel protected, the state that we support and ensure its existence by paying taxes.

In this case, it cannot be argued that the state acted to protect the family and the child. The court decisions did not take into account the interests of the child. In fact, there are no effective actions by state bodies that should take care of the rights and interests of the child.”

Reference

In 2007, after selling their previous home, the Yereski couple purchased a new one in order to improve the living and educational conditions of their child. The apartment was purchased from a real estate agency, registered with a notary, with the buyers complying with all legal regulations.

Later, it turned out that at the time of the sale, the home was in dispute between three people who had wills from the deceased woman, although they had no family relations with her.

As Borys Mikhailovich and Tetyana Olegivna said, they learned that the first will was drawn up for one of the heads of the tax police, the second for the father of the captain of the regional police department, and the third for the mother of the tax police investigator. They sued each other. The courts recognized and denied, canceled and renewed. Forgery of a will… Fraud… Criminal case…

The legal proceedings regarding the apartment have been going on for six years, have not yet ended and have resulted in several decisions, rulings and resolutions that have significant contradictions. But one of these decisions is scheduled for execution.

In one of the December (2012) decisions, the Desnyanskyi District Court refused to grant the state bailiff’s application for forced entry into the home of Borys Mykhailovych Yeresko, and in another decision it allowed the state bailiff to carry out a forced entry into the home of Tetyana Olehivna Yeresko.

The second decision was appealed by Tetyana Olehivna, the case is pending before the Court of Appeal. But the issue of the legality of entering a minor child’s home was not raised by the enforcement service, and was not considered by the courts, as if such a person did not exist at all.

Since the rights of the child, contrary to the laws, were not taken into account and were not considered at all, by forcibly evicting her from her home (whether in handcuffs, or tied up, or under psychological pressure), the enforcement service will grossly violate the Constitution of Ukraine and the UN Convention on the Rights of the Child, which Ukraine ratified by Resolution of the Verkhovna Rada No. 789-12 of 27.02.91.

Constitution of Ukraine:

Article 52.

…Any violence against a child and its exploitation are prosecuted under the law.

United Nations Convention on the Rights of the Child:

Article 3

1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

Article 16

1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, home or correspondence, nor to unlawful attacks on his or her honour and dignity.

2. The child shall have the right to the protection of the law against such interference or attacks.

Article 19

1. States Parties shall take all necessary legislative, administrative, social and educational measures to protect the child from all forms of physical and psychological violence, injury or abuse…

It is difficult to even imagine how state bailiffs would “forcefully enter” the wife’s home without entering the home of the husband and child. And even more difficult – how bailiffs or a special police unit would “liberate” the apartment not from furniture and household appliances, but from a minor girl. Could it be that they will transfer it to another owner along with the apartment? After all, neither the court nor the bailiff service has clarified this issue.

Instead of apologizing for the incompetent (or malicious?) actions of its bodies and compensating the victims (and they are recognized as such in a criminal case of fraud) for material and moral damage, the state sends other of its bodies to further violate human rights.

Borys Mykhailovych Yeresko and Tetyana Olehivna Yeresko applied to the public reception center for free legal aid, which operates on the basis of the M’ART MMGO, at the end of December 2012, with a request to protect their rights and the rights of their minor child.

The family filed a written appeal to the Ukrainian Helsinki Human Rights Union, of which our organization is a member, with a request to provide them with legal assistance in protecting their rights and freedoms.

MMGO M’ART requested to take possible measures to prevent human rights violations and sent letters to:

To the Commissioner of the Verkhovna Rada of Ukraine for Human Rights Lutkovska V.V.

To the Representative of the Commissioner for the Rights of the Child, Non-Discrimination and Gender Equality Filipishina A.A.

To the Commissioner of the President of Ukraine for the Rights of the Child Pavlenko Y.O.

To the Head of the Department for Family and Youth Affairs of the Chernihiv Regional State Administration Serdyuk O.S.

To the Head of the Service for Children’s Affairs of the Chernihiv Regional State Administration Zelenko L.F.

To the Head of the Desnyanskyi Department of the State Executive Service of the Chernihiv City Department of Justice, Prykhodko Yu.M.

NGO “M’ART

According to the information