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In 2001 Mr. Fuklev had a tragedy in his family,
his wife died from hysteromyoma in Kherson district hospital. She had
a rather easy operation and it's practically impossible to die from it.
That's why after getting of death certificate Valeryy Andreyevych required
a forensic medical examination. But… at the hospital they conducted necropsy
without his consent. And at morgue of the hospital all the gold teeth
of deceased were pulled out.
Valeryy Andreyevych buried his beloved wife and decided to punished culprits
of this tragedy. He filed a lawsuit with the requirement to institute
legal proceeding. Materials were passed from police to Suvorov's prosecutor's
office and it was turned down. And only after the General prosecutor's
office's interference legal proceeding was initiated. But the case was
periodically closed and reopened over the past two years. V.A. Fuklev
appealed the decision twice and his appeals were complied. Last time legal
proceeding was began once again after General prosecutor's office protest.
Now it's considered again. During this period Valeryy Andreyevych applied
to the Court with appeal on General prosecutor's office's actions and
Kherson's prosecutor's office's inactivity. By the fact of violation of
article 6 of the European Convention he applied to the European Court.
Now his case has got a number and Valeryy Andreyevych is waiting for decision
of international court.
In the firm belief that state structures of Ukraine won't help him in
protection of his legal rights he wrote registered letters to everyone
- starting from the President and finishing with Novaya Kahovka Tax inspection
about violation of his rightd allowed by the Constitution and application
with a renunciation to pay taxes to cover salaries of officials, who violated
his rights. Причем, в этом же письме Валерий Андреевич пообещал возместить
неуплаченные налоги после того, как получит ответы: кто виноват в смерти
его жены и кто издевался над ней после ее смерти, выдирая золотые зубы?
In this letter he also promised to compensate taxes after the fair solution
- who is guilty for his wife's death, who was scoffing at her and pulling
teeth out. But there wasn't any answer.
Instead of this, tax inspectors came with check-in to his store. First
time it happened in March of 2002. They behaved so incorrectly, that Valeryy
Andreyevych was forced to write an appeal about "improper organization
of check-in. There were Oleh Anatolyevych Kutsev (officer of the Novaya
Kahovka's criminal investigation department) and Roman Anatolyevych Kutsev
. In spite of violations of this chek-in Fuklev was called to account
for the managerial responsibility for violation of the tax legislation.
In an answer of the Tax administration of Ukraine on the appeal about
vioation of the tax check-in there wasn't a word said about his application
about suspension of payments of taxes. On 02.10.2003 tax inspectors tried
to clamp Fuklev once again. New unplanned tax check-in began again. For
some reason journalist was invited there. Valeryy Andreyevych would be
glad to see journalists from different newspapers. But in Novaya Kahovka
everybody knows, that this one got an "order. Also there were invited
witnesses and operator with a camera-recorder.
On that day there was daughter of Valeryy Andreyevych, who works in this
store. She called her father on the phone at once. He arrived and tried
to explain inspectors what they already knew. That he doesn't pay taxes
knowingly. That he informed tax structures about it last year. And he's
still believing that State will carry out its liability, and after that
he'll carry out his liability and pay taxes.
Inspectors insisted on chek-in. Then Fuklev called police. It was at 3pm.
The police arrived in half of hour, wrote down facts and took evidences
and left. Inspectors stayed. They were in store till its closure. Valeryy
Andreyevych asked "guests" to leave the store and if it's necessary
to come tomorrow.
And then began what had been planned in the beginning. Inspectors locked
the door, but Valeryy Andreyevych and his daughter forced through to a
corridor. Valeryy Andreyevysh said, that one of inspectors wanted to punch
him, but missed and punched his daughter. She cried out and Valeryy Andreyevych
called police again. After that inspectors went out without objections.
In the street they sat in a car and tried to leave. Valeryy Andreyevych
blocked a way, insisting on a meeting with police, and was knocked. He
fell down on a hood and beat out front glass. At this moment the police
arrived. Everyone had to go to district police department, to arrange
dactylogram and evidence bodily injuries.
(And here is how the invited journalist described this scene "The
driver of Tax inspection decided to force his way and moved away. Women
and brakes whined… Valeryy Andreyevych jumped and kicked Lada's front
glass". All the article in such a way. There weren't a word about
his wife's death and decisions after that.)
On 10.10.2003 Novaya Kahovka's investigator initiated criminal case against
Fuklev for deliberate injuries of policeman's health and his properties.
It threatens by the 5 years of deprivation of liberty.
In Novaya Kahovka Valeryy Andreyevych is known as the first owner of a
firm, who has made his business legally. He always teaches others to do
so. He is not afraid to dispute against authority's arbitrariness and
helps his colleagues to do so. He consults everyone, who wants to defend
their rights in European Court free of charge.
In the view of State he is dangerous. What will this authority become,
if everyone stops fearing and begins to require observance of law?
Natalya Kozarenko
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