68. Правозахист під знаком АТО
What could be the situation with advocacy in a
country which is fighting? Of course it is difficult.
Moreover, the situation is due to several significant
events: continuing the sorting out of political –
«political and legal obstructions» of Yanukovych
regime, Parliament began the decommunization process
of Ukraine; dissolved the Verkhovna Rada of Ukraine,
continuing the preparation of the text before signing
the association agreement with the EU, continues the
antiterrorist operation, there are all characteristic of
early attempts Anschluss of Slobozhanshchyna the
military of Russian Federation.
For the sake of completeness wants to add words
of the head of Ukraine’s lustration committee over the
Cabinet of Ministry by, Egor Sobolev: «What did the
lustration committee for the 100 days?» There is any
Lustration Committee. It was did anything more except
the declared on the Maydan about its formation and first
writing a law about lustration. So all that managed was
made without any effort, on the public basis, exceptionally
by the volunteer efforts of thousands people».
The words of the governmental authorized
regarding the question of anti-corruption policy Tatiana
Chornovol «Good bye Cabinet». Tomorrow will write
an application. Someone will laugh, government lives
to see the last month before the vote. I agree: I had to
retire before. However, so wanted to finish the started
things. So I wanted to make concrete useful things for
Ukraine. And now came a clear understanding – my
staying there was VAIN.»
Lawyer Ksenia Prokonova said: «Those who guard
interests now of Ukraine may impact with negative
consequences. Participants of battalions, growing like
mushrooms, often have no official status and authorities.
The questions that have to be answered are: from benefits
and payments to legitimate use of force and weapons.
No one is carry insurance from criminal proceeding
after the war, which was not admitting as such.»
Nowadays, the lawyers are worrying regarding
the approved by previous Verkhovna Rada of Ukraine
the IV convocation of range legislative drafts about
criminal process and law enforcement activities,
particularly approved in 14th of August the Act of
Ukraine «About sanctions». Experts also have some
anxiety regarding unclosed list of sanctions. «That act
that allows the selectable
Expert Sergei Rabbit of Ukrainian Helsinki Union
from human liberties Sergiy Zaets compares the
adoption of laws with the opening of Pandora’s box.
They are adverse to obligation assumed by Ukraine in
accordance with the European Convention. In article 5
of the European Convention is written about warranties
viewing by judge the question regarding holding person
in detention. In Act of Ukraine «About sanctions»
raising a problem of proprietary interest when is
written about limiting the possibility to dispose their
property. Or when weapons will be used in accordance
with the new change to the Act of Ukraine «About
Police» will suffer the basic law – it is subsistence
right. Such disturbances certainly will be considered
in European Court human liberties in the assessment
of big compensations.
Sergiy Zaets offer to Ukrainian government the
only way out of this situation. When it is impossible
to rectify defects in acts it is necessary to provide the
secretary of Europe Council an application regarding
to temporary suspension of Ukraine’s toward the
maintenance of European Convention from human
Representative based in Geneva Human Rights
House Florian Irminher believes that Ukraine can
show example of how to legally fight against terrorism.
He regrets that Parliament took such laws in one day
without expert opinion: «The difference between
Ukraine and Russia is that Ukraine is living quality
civil society. Ukrainian government should be proud
that he hears the voice of civil society»
Representative Florian Irminger the House of
human liberties in Geneva suppose that Ukraine should
show an example how it is possible legally fight with
terrorism. He is regret that Verkhovna Rada enacted
a law for one day without due consideration to the
opinion of experts: «The difference between Ukraine
and Russia consist that in Ukraine live civil society.
Ukrainian government should be proud that it hears
the voice of civil society.»
Due to the Crimea Anschluss the unprecedented
thing happened: Ukraine has become a prepetition
claim against the Russian Federation in International
Courts, including the European Court of human
liberties in Strasbourg, the International Court of
United Nation Organization, the Arbitration Institute
of the Stockholm Chamber of Commerce, became the
use of international organizations ICAO and WTO for
the pressure on the occupiers.
Summarize the results.
Accomplished the honour revolution.
The killers of Nebesna Sotnia were not punished.
In the courts are the same judges which recently
Dollar of USA set records by prognosis, and there
is no hryvnia for conducting warfare.
People ask each other: Yanykovych filched every
months by 2 milliard dollars USA. His is not here, and
why for 2 billion every month does not appear in budget?»
The decision start from the main legislative
authority of country as the base of future reforms is the
best explanation of those unhasting above-described
process, which is happens today with modern Ukrainian