[ad_1]
The reason is curious: the neighbors, former inhabitants of the town, have filed complaints with the control authorities for the possible roar of the milking equipment. The fine is small, but the farmers decided not to pay it; After selling a cow and a bull, they decided to take legal action and set an example for other farmers.
Agriculture is a way of life
Anelė Kaškevičienė, who has raised five children, modestly calls herself the wife of the farmer Valencas. He is the owner of the farm, and Anele only has three corners of the farm. Kaškevičiai has cultivated in this place, near Kuktiškės (Utena district) since 1989. People who have reached the age of old adults not only cultivate themselves, but also infected a son with their example: they gave him a part of their small plot for him to start cultivating. For Kaškevičius, agriculture is not just an occupation, but a way of life. Although not only for this, older people cultivate. The pension is very small.
“Therefore, as much as we can, as much as health allows, we will be both farmers. Unfortunately, in recent years, due to complaints from our neighbors, our health has deteriorated significantly, ”said A. Kaškevičienė.
Meeting new neighbors
During the 32 years of agriculture, A. Kaškevičienė said that he had communicated with many people. He also got along well with his neighbor, but due to his age and other problems, he sold his house 3-4 years ago, which bordered on the Kaškevičiai farmland. The hacienda was bought by young people from Utena. They work in the city and live in Kuktiškės.
Soon the new neighbors showed up, they met. The mood didn’t worsen, but of that acquaintance, Anele says she only remembers a neighbor’s reminder that she had graduated from various high schools.
“I did not immediately understand why the new neighbor emphasized his educational problems. Now I suppose, maybe it was an indication that she can write and not nothing, and nothing ”, considered A. Kaškevičienė.
Cows
The crisis of the conflict coincided with a pandemic
The crisis of the conflict coincided with the third wave of the pandemic this spring. As soon as the Kaškevičiai take the cows to the pasture, the police receive a call to disturb the peace. Thus, the police became a regular participant in the milking of Kaškevičiai cows. The farmers cannot milk the cows and the police are already waiting for them at the pasture fence.
Initially, officials warned farmers.
“Actually, at first I thought they were joking, but one day they took out a folder and wrote a protocol. Violation of public order! And he implied that we would like to thank our neighbors ”, recalls A. Kaškevičienė the beginning of the conflict.
New neighbor Jūratė Miškinienė does not hide that she has turned to the police for help.
We have the right to do so because our neighbors are violating article 488 of the Code of Administrative Offenses, which has been recently modified and is now in force. until 7 pm (previously 10 pm to 6 am), ”said J. Miškinienė.
We will add that this offense carries a fine of between twenty and eighty euros and a repeat offense of up to 300 euros.
“Yes, we are the people of the city, we sleep until 7 in the afternoon. in the morning, and on weekends we want to rest even more, so we want our neighbors to obey the law. I understand that farmers start work early, but why should we suffer? ”J. Miškinienė asked.
Cows can’t wait
It is already true that Kaškevičiai milks cows for about 6 hours. in the morning. Farmers with more cows milk the cows even earlier.
“You will not tell the cows – wait an hour, because the neighbors are sleeping. Also, if you delay the milking, they will start to rumble, which will cause even more noise,” explains A. Kaškevičienė.
However, J. Miškinienė replies: “Kaškevičiai ruined this whole vacation for us. Pandemic, you can’t go anywhere, so we spend the holidays at home, and here early in the morning – the noise! And so, every morning from May 11, as soon as the animals were taken to the pasture. “
I sold the cow and I litigated
The noise measurements were carried out by the competent services on several occasions. Both sides interpret the measurement results differently. So far, we can only say that once the noise emitted by the milking machine exceeded the set requirements, but the next time the noise level was within the allowable limits.
Neighbors make different statements about distances when measuring noise levels at the boundaries of the parcel. Some say that the milking machine was 15-50 meters from the parcel boundary, others 200-300 meters.
There are also different data on the circumstances of the noise level measurement, whether the noise level was measured from the neighbors’ house, that is, from the bed where the neighbors sleep, or from the border of the plots. Apparently, these data and circumstances will already have to be clarified by the court to which Kaškevičiai addressed. “We sold a cow and a calf to sue. If the state does not protect us farmers from such events, we have to defend ourselves and lead by example, ”explained A. Kaškevičienė.
August 31 The first hearing is scheduled in the Utena court.
Intersection losses
Both neighbors are also not spared accusations of other crossings and, as is often the case in such cases, it is likely that they no longer really remember or want to remember who and why caused the first spark of the conflict.
Both neighbors complain of the deterioration of health caused by the escalation of the conflict; both needed medical help.
“We are the people of the city, we bought the house in the hope of peace and quiet, and that is what happened,” said J. Miškinienė.
“I remember that we were even happy when we found out that we would have young neighbors, because we could expect help from them if necessary. Also, when you see young people, you rejuvenate yourself. We couldn’t imagine that after 32 years of farming we were going to go to such a hell, ”said A. Kaškevičienė.
Arguments of a lawyer
Laimonas Stančikas, a senior attorney at the Triniti Jurex law firm, says the police officers made a possible wrong decision.
The question arises: how will we assess: as a violation of public order or as a violation of hygiene rules? Other circumstances are important, for example we understand that noise is limited in public parks. However, in the old age of Kuktiškė, the conflict was caused by noise in the middle of the field, in a meadow where agricultural activities are carried out. Yes, we can call it a public place, but I am convinced that there is no reason to impose a fine for a violation of public order. This action cannot be called an insult, it can only be considered due to the noise level ”, considered L. Stančikas.
Are these types of common demands? L. Stančikas said that conflicts in which the interests of the urban and rural population intersect remain rare. This is a non-standard situation.
COMMENTS
Legislation needs to be clarified
Sigitas Dimaitis, Director of the Chamber of Agriculture of the Republic of Lithuania
Sigitas Dimaitis
The situation is exceptional, but it may be common in the future. Therefore, it is necessary to clarify the legislation and establish clear limits. Here, the people of the city buy the farm without considering the circumstances and expect fresh air, peace and the singing of birds. However, before buying a vacation home for recreation, you should also evaluate the people who live nearby, who have been farming here for decades, and this is the daily work of the people who live here. Therefore, a tractor with some tillage equipment is likely to pass close to the farm, the combine will plow the land, and the grass will be cut. City dwellers must understand that in the countryside people do not relax but work, and this is their uninterrupted daily activity, not a deliberate desire to disturb neighbors with sounds or smells.
Do the supervisory authorities react correctly to such situations? Are each and every one of the arguments evaluated and, in general, is it possible to evaluate all the circumstances of the current legislation? After all, some people only live and spend the night in the fields and work in the city, while others live and work in the fields. Here is your workplace.
Called for a good deal
Aistis Kukutis, elder of Kuktiškės
The state legislates and monitors compliance. I am an official, so I have to react not by emotions but by law. I don’t know which side is correct. In this case, the first decisions were made by the police officers. They are responsible for their decisions.
Life experience, on the other hand, shows that most conflicts are the fault of both parties. I have met with Kaškevičius and Miškiniai more than once, listened to their arguments, and nevertheless advised them to reach a friendly agreement. This is the first case in the leadership of Kuktiškės.
Offers to use the French experience
Renata Vilimienė, President of the Lithuanian Association of Medium Dairy Farms
Abnormal situation. I was looking at information from France when a citizen who had moved to the village sued a farmer because his cock woke him up early in the morning. To my knowledge, the legislation in France has been clarified since this event, and those who are now moving to rural areas must adapt to the circumstances here: agricultural activity. Otherwise, farmers would no longer be able to farm. I think that such an order should also apply in Lithuania. I look forward to the outcome of this case. I hope that the court’s decision is objective and that the so-called jurisprudence on other conflicts will come into force should they arise. And I will remind the residents of the city: farmers do not come to the squares and squares of the city with their animals, so they will understand that we farmers not only live in the village, but also work.
[ad_2]
