EUROMAIDAN Canada, media-release
The following is the English translation of the list of amendments passed by the Ukrainian Parliament which essentially have turned Ukraine into a police state, with no rights for citizens. Speak out against them and encourage the Canadian government to stand up for freedom against the spread of totalitarianism in Europe.
Kolisnichenko-Oliynyk Draft Law № 3879 of 01.14.2014 ”On Amending the Law of Ukraine ”On the Judicial System and Status of Judges” and procedural laws for additional measures to protect the security of citizens”
1. Reinforced security measures in respect of judges, their family members, court personnel, law enforcement officers. 2. Simplified procedure for bringing to administrative responsibility for the manifestation of contempt of court. 3. Reinforced responsibility for actions related to violations of the normal operation of vehicles; violation of the rules for holding meetings, street processions; non-compliance with the police. 4. Establishes responsibility for extremist activities; increased accountability for crimes related to violations of public order, interference with the judiciary and law enforcement agencies. 5. Additional responsibility for defamation (including libel in a piece of work that is published in the media or on the Internet) and interference with the work of government electronic information resources and systems. 6. Introduces some changes to the appropriate legislation to clarify the authority of individual state agencies. 7. Establishes additional conditions for conducting certain activities, including prohibition of the extremist activities. 8. Introduces conditions for conducting activities of NGOs funded by foreign entities involved in political activities. Particularly, NGOs receiving foreign funds to be pronounced “foreign agents”.
The biggest threat: – participation in group actions, violating public order is punishable – up to 2 years imprisonment. In fact, anyone who protests the actions of the government may be imprisoned based on this article; – Calls for non-violent change of the constitutional system will lead to up to three years in prison. Calls for restoration of the old Constitution also fall under this article; – Blocking entries to buildings – up to three years in prison. That is, any Automaidan vehicle in Mezhyhirya or at the gate Medvedchuk automatically falls under this article; – Resisting authorities, including members of the public organization on protection of public order (so called “titushkas”?) – up to four years in prison; – Defamation on the Internet (anything could fall under this article) – up to a year in prison; – Participation in mass gatherings “wearing masks, helmets or other means or methods of masking ” punishable by a fine or administrative arrest; – Similar punishment for installation of “small architectural forms” (i.e. tents) without the permission of the Interior Ministry; – Traveling in groups of more than five cars without approval from the Interior Ministry is punishable by a fine of forty to fifty minimum incomes, or confiscation of the vehicle orrevokingthe drivers license for 1-2 years; – For blocking buildings or structures where public authorities and public associations conduct their activities – up to five years in prison; – For illegal collection, storage, or spreading of confidential information about the judges, their relatives and family members, as well as an insult or putting pressure on a judge may now lead to a fine of three hundred to five hundred times the minimum wage or two years in prison. The maximum penalty for a similar action concerning a law enforcement officer and his/her family – arrest for up to six months; – Sim – card (mobile phone card) will be sold and registered to a person only upon presentation of a passport.
№ 3587 of 11.08.2013 “On Amendments to the Criminal Procedure Code of Ukraine (concerning criminal proceedings in absentia)”
in-absentia proceedings will be conducted if a suspect or an accused of a criminal offense is absent at the pre-trial investigation meeting or a court hearing; court proceedings deemed possible in his absence….
№ 3855 of 09.01.2014 “On Amendments to Certain Legislative Acts of Ukraine on administrative responsibility for offenses related to Road Safety, recorded automatically.”
Introduction of an automatic photo and video recording of a number of road safety violations that is considered a direct proof of the offence by the owner of the vehicle and cannot be appealed, unless the accused proves that during the time of violation the vehicle was in unlawful possession by another person or another person was driving the vehicle. The project also proposes to put the responsibility of proving the circumstances in cases of administrative violations related to road safety, which are recorded automatically, on the plaintiff (Amendments to Articles 71, 171-2 CSSA)
№ 3883 of 14.01.2014 “On Amendments to the Rules of Conducting Procedures of the Verkhovna Rada of Ukraine”
Simplified procedure for granting consent to criminal prosecution, detention or arrest of Member of Parliament of Ukraine:
– Motion to give consent to criminal prosecution, detention or arrest the member of parliament can be included in the agenda of the Verkhovna Rada as an extra-ordinary issue without a vote or review in the parliamentary committees first and then voted on during the plenary session of the Verkhovna Rada;
– Reduced time for consideration of this matter by the Verkhovna Rada of Ukraine (from 5 to 3 days).
№ 2178 of 05.30.2013 “On Amendments to Article 297 of the Criminal Code of Ukraine (regarding responsibility for the desecration or destruction of monuments erected in memory of those who fought against Nazism during the Second World War – the Soviet soldiers -liberators, victims of Nazi persecution and international soldiers and peacekeepers )”.
Introduction of liability (up to 5 years in prison) for the desecration or destruction of monuments “erected in memory of those who fought against Nazism during the Second World War.”
№ 2179 of 05.30.2013 “On Amendments to the Criminal Code of Ukraine regarding liability for denial or justification of crimes of fascism”
Punishable (up to 2 years in prison) for ” public denial or justification of the crimes of fascism, propaganda of neo-Nazi ideology, production and (or) distribution of materials, that justify the crimes of the fascists and their supporters”
The law specifically mentions Waffen -SS organization and its branches. According to Symonenko OUN-UPA (Ukrainian Insurgent Army) is also covered by the law because “Nuremberg documents recognize that UNA were Nazi collaborators”
№ 3792 of 19.12.2013 “On Amending the Law of Ukraine “On Legal Aid ”
It is proposed to postpone until January 1, 2015 the enactment of the part of the Law of Ukraine “On Legal Aid “, which includes the provision of free secondary legal aid to specific subjects, given the lack of adequate funding from the state budget.
№ 3853-1 from 01.14.2014 “On Amendments to Article 197 of the Tax Code of Ukraine regarding exemption from value added tax on transactions of import of natural gas to Ukraine”
Proposed to reinstate the rules of the Tax Code of Ukraine, according to which transactions of importing natural gas to Ukraine are exempt from VAT. This provision was eliminated from the Tax Code of Ukraine adopted December 19, 2013 Law of Ukraine “On Amendments to the Tax Code of Ukraine regarding specific tax rates ” № 713 -VII, which came in force on 1 January 2014.
№ 3832 of 26.12.2013 ” On establishment of Verkhovna Rada of Ukraine Interim Investigation Commission to investigate illegal actions of law enforcement agencies and individual officials, attacks on human rights and freedoms, life and health of citizens during the events associated with mass socio-political protests taking place in Ukraine starting 21 November 2013 ” .
№ 3893 of 16.01.2014 “On Amending the Law of Ukraine” On elimination of negative impacts and prosecution and punishment prevention of persons taking part in peaceful demonstrations”
Exemption from criminal prosecution of persons suspected or accused (defendants) of “crimes” between 21 November and 26 December 2013 for the following:
– Actions aimed at changing or overthrowing the constitutional order or the seizure of state power; – Intentional moderate bodily harm; – Obstruction of professional journalist activities; – Theft; – Intentional destruction of or damage to property; – Knowingly false report of a threat to citizens, destruction or damage of property; – Blocking of transport infrastructure; – Capture of vehicle; – Unlawful seizure of a vehicle; – Group violations of public order; – Riots; – Calls to actions that threaten public order; – Seizure of state or public buildings or structures; – Resistance to authorities, law enforcement officers; – Interference with the activities of the law enforcement agency, or threat of violence against a law enforcement officer and assault on the life of a law enforcement officer; – Capture of authorities or law enforcement officers as a hostages; – Abuse of power or authority; – Interference with the judiciary proceedings; – Failure to comply with the court decision; – Obstructing the appearance of a witness, victim, expert, forcing them to not provide a testimony or opinion.
“Berkut” riot police officers that violently beat the people on Nov 30, 2014 fall under the above amendment.