Decision
In the name of Ukraine
On November 6, 2003, the City Suvorov District court in Kherson, comprised
of
The judge Mr.Golovko O.V.
The secretary Ms. Drovosekova V.M.
In the opne court hearing examined lawsuit of Ms. Rotova A.I. on restriction
to execute certain actions:
DECIDED:
Ms. Rotova A.I. filed a lawsuit in the court against the LTD "Teleradiocompany
"VIK", editorial-board of public-political weekly "VIK:
time, events, people" and Mr. Kyrychenko S.O. for protection of
honor, dignity and business reputation and reimbursement of moral damage.
Ms. Rotova sees the grounds for the lawsuit in publication of the article
"City authorities" by the defendant in the 33(39) edition
of the weekly dated August 21, 2002. The article contained false information
that damaged legal interests of Ms. Rotova, discredit her business reputation,
honor and dignity.
After the lawsuit with the abovementioned demands the public-political
weekly "VIK: time, events, people", edition number 40(46)
dated October 9, 2003 published on page 12 article "I act according
to the law… Excuse me, sirs, no time to steal" (Alena Rotova)".
The article contained information, which was argued about in the lawsuit.
Having read the mentioned publication in the article, the court sees
that this mean of mass media was trying to influence the court with
this publication in the case of Ms. Rotova. These people who are defendants
in the case and who prepared and published the article violated article
126 of the Constitution of Ukraine.
In these conditions the lawsuit of Ms. Rotova A.I. about judicial prohibition
of any publications about the case of Ms.Rotova while the case is under
consideration of the cout must be satisfied.
According to the articles 152, 156 of Civil-Processual Codex of Ukraine
and with the aim to support independence of the court power the court
APPROVED:
To prohibit LTD "Teleradiocompany "Vik", editorial of
public-political weekly edition "VIK: time, events, people",
Mr. Kyrychenko Sergiy and other individuals distribute through means
of mass media any information that would hint relation of Ms.Rotova
L.I. to burial services, or violation from her side of the Constitution
and the Laws of Ukraine while her case is under the consideration of
the court.
The decision must be executed in the order, established by the law.
The decision can be appealed through the Appeal Court in Kherson region
within 15 days from the moment of its publication and announcement in
the City court of Suvorov District in Kherson. The appeal does not stop
execution of the court decision and also does not prevent from further
consideration of the case.
Judge
Mr. Golovko O.V.
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