Petition to the Chairman of the Galician district court of Lviv from Yuri Shukhevych and M. Sheykhet

29 february 2016
Petition to the Chairman of Halytskyy District Court, city of Lviv Ms. Volosko February 26, 2016

Petition to the Chairman of Halytskyy District Court, city of Lviv

Ms. Volosko

 February 26, 2016

 Dear Iryna Romanivna Volosko, Your Honor,

 The judge, Ms. Zubachyk N. B., had scheduled the court hearing to consider the petition of our organization regarding the claim requesting to ban any actions  connected with registration of notices about commencement of construction,  granting and receipt of permits for execution of construction works and carrying out any construction, construction-erection, amelioration and other engineering works, elaboration any projects  for the construction on the disputed land of the New Jewish cemetery in Yeroshenka street to take place on February 26, 2016. The court session for consideration of this petition began on February 23 and was adjourned on request of the Respondents 1, 2, who did not appear at the court hearing on February 26, 2016. Thus, due to default at trial of the Respondents 1, 2 for hearing the above said petition the court hearing became impossible, but was continued despite the fact that on February 26, 2016 the court hearing was adjourned for examination of the submitted petition and the documents on request of the representative of the Respondents 1, 2. The judge, Ms. Zubachyk N. B., before opening the court hearing as prescribed by the regulations of the Code of administrative proceedings with the microphone switched off, communicating privately with the participants of the process, declared refusal to satisfy the petition to satisfy the claim. The judge, Ms. Zubachyk N. B., allowed other procedural breaches with which you, Your Honor, may familiarize yourself upon examination of the materials of the case and the audio recording, switched on with a long delay.

        In this case of importance are detailed explanations presented in the resolution of Lviv administrative court of appeals dated February 2, 2016 about the absence of application of the norms of substantive law by Halytskyy District Court of the city of Lviv that considered the same case on October 30, 2015 and, consequently, annulment of the resolution of Halytskyy District Court of the city of Lviv dated October 30, 2015. Our organization finds, that the actions of Halytskyy District Court of the city of Lviv  with respect to the Petitioners - Representation  of the American Union of Councils for the Jews in the former Soviet Union – are prejudiced, systematic and aim at ignoring our lawful rights to preserve the Jewish graves in favor of the Respondents 1, 2 and in violation of the laws and international agreements of Ukraine, against the interests of the State of Ukraine and the international community, connected with the roots and history of Lviv. As a public figure I wish to stress, that Halytskyy District Court of the city of Lviv does not act in the interests of the peoples of Ukraine who, together with the Petitioners struggle for the appropriate preservation of the Jewish historical-cultural heritage, that suffered so much in the times of the Holocaust and the Soviet totalitarian regime.

We are kindly asking to consider this.

Sincerely,

 

Yu. Shukhevych, Hero of Ukraine, Deputy of Supreme Council of Ukraine

M. Sheykhet, Director, Representation  of the American Union of Councils for the Jews in the former Soviet Union

 

 

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