First-class with website inspection protocol copies sent to Tuzov picked up from mail
Penza, 4 March 2016. PenzaNews. A first-class parcel with copies of notarized website inspection protocols, sent by the Penza company “VolgaInterMedia,” complaintant in the Tuzov case, back in late February, was finally picked up from the post office.
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According to the tracking information on the Russian Post website, the parcel of 2.664 kg was given away to the addressee at the Konnozavodskaya street post office in Penza at 18.27 of Thursday, March 3.
The parcel in question, which contained a total of 48 items – 47 copies of notarized protocols of inspection of the website registered as a media source, and 1 protocol of inspection of “Alexander Tuzov’s Blog” on LiveJournal, which recently had been removed – remained in the post office since February 25.
Earlier, the defendant Alexander Tuzov, who describes himself as a local political analyst, claimed during the March 2 preliminary session in the Arbitration Court of the Penza region that he was unable to prepare a detailed statement “with full-fledged motivation” as he was unable to inspect certain documents, such as the protocols in question.
It remains unclear as to why Alexander Tuzov did not pick up the parcel with the crucial documents from the post for a total of seven days. However, according to opinion of certain lawyers, this activity could be considered an attempt to drag out the case that appears to be outright unwinnable for the defendant.
In addition, that is not the first time when the correspondence from the complainant is not received by Alexander Tuzov since early 2016. In particular, on January 11, a “Marafon” delivery service man was unable to deliver a vinyl parcel with the first legal claim on Tuzov’s case to the addressee who is residing in a detached house.
“The recipient did not react to the doorbell (the doorbell was functional), the house was lit, but nobody opened the door to the delivery man. The courier had been ringing the doorbell for 15 minute in an attempt to deliver the parcel, but to no avail,” says the letter No. 1, dated 12 January 2016, addressed to the president of “VolgaInterMedia” Ivan Malikov by the general director of “Avtomed” company Anton Kupryushin.
Moreover, according to the February 8 ruling of the Penza region Arbitration Court, the court in question warned the defendant about the time and place of the session on time in accordance with Art. 123 of the Administrative Proceedings Code; however, the latter failed to attend it.
Alexander Tuzov himself points towards not receiving the warning from the court, as he directly mentioned the fact during the second preliminary court session held on March 2. According to him, he learned that he “was pushed a 3-million-ruble lawsuit [sic]” from a message published at the PenzaNews agency website.
As PenzaNews reported earlier, in January 2016, “VolgaInterMedia” initiated a case in the Penza region Arbitration Court against the individual businessman Alexander Tuzov on recovery of compensation of 3 million rubles overall for illegal use of copyrighted photos on two websites.
The first preliminary court hearing took place on February 8. Even though the accused party had been addressed a hearing summons containing the date and time of the hearing, and a request of arbitration, neither he nor his representative appeared in the court.
At the same time, the complainant presented a package of documents in confirmation of illegal use of copyrighted work by the accused party.
As a result, the court decided to postpone the preliminary hearing to March 2.
Alexander Tuzov petitioned to familiarize with materials of the case on February 9.
On the evening of the same day, the PenzaNews editor-in-chief Pavel Polosion, who earlier suggested that Alexander Tuzov was likely to play victim, received a text message on his personal mobile phone with an offer to “settle the issue out of court.”
On February 15, the president of “VolgaInterMedia” Ivan Malikov met with Alexander Tuzov on the latter’s initiative, and offered him to settle the issue out of court for half the amount, with an option to pay it in installments; however, the Alexander Tuzov declined, saying he does not have the money.
On the next day, Ivan Malikov expressed an opinion that the failure of out-of-court settlement talks forced the administrator of “Alexander Tuzov’s Blog” to delete his LiveJournal account. The president of “VolgaInterMedia” said he welcomes the decision, although it will not help the blogger in question escape the liability.
In late February, the complainant updated the claims to Alexander Tuzov and listed 74 facts of illegal use of photos instead of 60, for the same expected compensation amount of 3 million rubles.
During the preliminary court session on March 2, Alexander Tuzov claimed that he is not the owner of “Alexander Tuzov’s Blog” in LiveJournal, which had been removed in February 2016. The aforementioned blog contained provocative information that concerned such people as some of the high-ranking officials of the Penza region.
On the evening of the same day, Sergei Padalkin, head of the press service in the CPRF Penza region committee, expressed his opinion over the court session by posting “Neighborhood fool shows himself in Arbitration Court today” in his Twitter.
The next preliminary court session is scheduled for April 6.