15.12.2003 | Petro Sushko, the head of the union „Zakhyst“

The lawsuit between MP P. Kuzmenko and the Uman newspaper „Vulyk“ will continue in the Supreme Court


On 7 April the Cherkassy appeal court confirmed the legality of the decision issued by the Uman town court on the claim of MP Petro Kuzmenko against the newspaper „Vulyk“.

Tetiana Chornomaz, a representative of the newspaper „Vulyk“ and a correspondent of radio „Liberty“, who came to the court session 20 minutes after the assigned time of the beginning, was informed that the case was considered in the absence of the party that handed the appeal. Before this the first sitting of the appeal court had been postponed because of the default of a representative of P. Kuzmenko.

As the newspaper „Antenna“ informed, P. Kuzmenko, the deputy from the Uman election district, turned to the court in the connection with the publications in the local newspaper „Vulyk“. The newspaper printed two articles, in which the authors put the question about the membership of Kuzmenko in the managing committee of the charity fund named after Rabbi Nakhman. Petro Kuzmenko decided that these articles insulted his honor, and demanded to recompense the moral damage equal to 10 thousand UAH. Yet, the court decreased this sum to 3 thousand UAH.

The editorial board of the newspaper believes that the Uman town court took the decision in favor of Kuzmenko without any grounds, because the question raised in the article was not a statement or information, which was assessed as inauthentic by the MP. Whether a question may be authentic or not? Moreover, both articles were based of the materials of the sitting of the District committee, which was conducted in presence of mass media. The audio record of the sitting was presented to the court. The record confirms that Kuzmenko was questioned about his connection with the Rabbi Nakhman fund. These arguments, as well as other proofs of the groundlessness of the decision issued by the Uman court, were expounded in the appeal. Yet, Cherkassy judges, like their Uman colleagues, settled the dispute by the principle: the right side is that one, which has more rights.

The editorial board of the newspaper „Vulyk“ is going to turn to the Supreme Court.

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