A Twenty-five Year Step Backwards

Oddly enough when I heard the latest news coming out of the Ministry of Culture of Ukraine, I practically fell off my proverbial horse, and still I'm trying to climb back on. You may be wondering what could shake me so much, though it really isn't what is shaking me it is what is shaking the various individuals annointed by Ukraine's president Viktor Fedorovych to keep his fiefdom under control.

As we are on the cusp of the New Year according to the Juilan Calendar which is followed for the most part by Orthodox Christians and Catholic Christians which follow the Eastern Rite such as Ukrainian Greek Catholic Church, the said's Ministry's Deputy Minister Timofey Kokhan decided to send a letter of warning to his Eminence Sviatoslav Shevchuk. What provoked this Soviet-type lacky to write such a letter is uncertain. Yanukovych has clearly said that it wasn't under his orders, but you know how the expression goes, “I trust him as far as I could throw him!”

So what was it that could have prompted a deputy minister who has always been some type of party hack and functionary throughout his life, excepting all kinds of awards of being Merited Artist of Ukraine and the like to do what most Ukrainian politician's, journalists and civic activists are calling nothing short of “idiotism”.

A member of the fifth column

I will give him the benefit of the doubt. Though why will I give him this benefit, you may ask. The First Deputy Minister must have been gravely effected by his father's death on January 3, 2014 and he has been having a hard time dealing with it. May his soul rest in peace! I know what it is to loose a parent, but there has to be something that goes a little bit deeper. Clearly, his father who was a “well-known” cinematographer during the Soviet regime, did everything to open up doors for his son, prior to Ukraine's indedence by throwing his weight around to ensure that his son attended the Karpo-Kariy of Theatrical Arts in Kyiv from 1982-1989. I won't judge and I don't know if this was the norm at the said instutute at the time, but if it was not, then maybe he is an “idiot”, depending on daddy's position to get where he wants to be.

Just so we understand the context, from 1962-69, his father worked as a director of the Kyiv Studio of Educational-Popular films. In short, this was the propaganda department of Moscow in Kyiv.

From his graduation in 1989 the young Tymofey began work at the Dovezhenko Film Studios in Kyiv where he would be from 1989 to 1993. Though I am quite certain that this , like many other positions of the time were not based on merit, but on whose ass you kissed, and bit by bit he pushed his way into the ranks of in the Kyiv Municipal Adminstration.

In short he became a career civil servant because of his daddy's help. He always followed the “party” line and as a reward for this he was kept on by the current criminal regime.

As an ass kisser Timofey Kokhan decides to take the initiative himself. He decides that in order to please the higher ups that maybe attacking spiritual leaders would be in the vein of his old man. Why would I say this because even in 1995 his father was the director of a film that was called “Stracheni Svitanky” which in my opinion is his attempt to discredit the Ukrainian Insurgent Army (Ukrainanska Povstanska Armiya) even after Ukraine has gained its independence. As far as I am concerned, this scum bag Deputy Minister is part of what is often refered to as the fifth column. He and others like him have been undermining Ukraine's real independence for many years. I hope that at some time he will be judged by a “court of the people” for his misgivings. But wait, let me tell you about the letter that he wrote to his Emminence Svaitoslav!
However, before I venture into that letter completly let me tell you about some of the key phrases that were used by this “idiot” of the fifth column:

• freedom of conscience and religious unions of Ukraine;

Now let me comnent on this. Since when in any country, other than the province of Quebec, has this been a matter of concern. The freedom of conscience in my opinion is according to the following definition is:

Noun
1.
freedom of thought - the right to hold unpopular ideas
human right - (law) any basic right or freedom to which all human beings are entitled and in whose exercise a government may not interfere (including rights to life and liberty as well as freedom of thought and expression and equality before the law) (Source the Free Dicitionary - http://www.thefreedictionary.com/Freedom+of+conscience) Accessed 2014-01-13.

• systematic dereliction of legislation by some priests appears to be supported by hierarchy of Ukrainian Greek-Catholic Church, and it has a negative influence on rule of law in general and the juridical consciousness of citizens.

Now please tell me Mr.Kokhan where the Rule of Law even exists in Ukraine? Particularly regarding the term “juridicial consciousness” of citizens? What to hell do you mean by such a statement? Do you mean that you legally want to control the thought's of individuals or what? I know that Mr. Deputy Minister you are under great duress due to the passing of your father – clearly a man of principle, and the way he brought you up, but let's be reasonable!

Now as to the next part of your letter to his Emminence Sviatoslav, you are a totally screwed individual:

• the Ministry of Culture of Ukraine, as a central representative organ of executive in the field of religion, in order to observe the abidance of legislation of freedom of conscience and religious unions, would like you to pay attention to the requisition of the 21th article of Law of Ukraine (The Law of freedom of conscience and religious unions ), which claims that public worship, religious ceremonies, processions etc. can take place without any introductive permission only in buildings of worship and within its adjacent territory, in pilgrimages, in the residence and apartments of citizens and some other places (cemeteries, crematoria etc.)

First of all such a law is in my opinion is anti-consitutional! No, I am not a Constitutional judge in Ukraine, but I have some semblance of normality – something that judges in Ukraine recently have not had. Particularly under the control of bandit Yanukovych and his clan!

Maybe, the deputy Minister is a little pissed off because there is the possibility that his father may have not had been offered any respect by the religious community after his passing. I cannot be sure, but it sure as hell wouldn't surpise me. But let us let him rest in peace, but I will not let his idiotic son the chance to rest for his idiotic statements.

As his Emminence Svaitoslav stated at a press conference in response to such an “idiotic” letter, a number of facts that this Deputy Minister was never probably aware as a member of the fifth column!


One of the first things that he mentioned was that it was twenty-five years ago that the Ukrainian Greek-Catholic Church, after existing as many years as an underground church was finally officially recognized as a legal entity – and this happened while the Soviet Union had still not crumbled but was clearly cracking. He added that there never was the question on who the church should be with, neither during Ukraine's independence nor during its time as an underground church, and added confidently “To be with its people – its as if it is imprinted in the church's memory.” I know I haven't stated in any of my recent blogs but the current atmosphere and state of society is in fact much worse then during Soviet times from what many of my friends who experienced living in both an independent and Soviet Ukraine will vouch. Even during the early years of independence, I personally felt comfortable with talking to those who police Ukraine's streets, you don't have to take my word for it, Ukraine has become a police state.

While many may not think that it is this bad, it is clearly this bad... Yanukovych and company has decended into a state that is so far from a democratic one that I would not be surprised if those who live under him want to simply have him executed! Most damn journalists really don't give a shit what is going in Ukraine. They are too busy with the Olympics in Sochi,which the world should boycott. Government's of the world, do your damn homework and understand who to hell what Vladimir Putin is up to. He has tried to capture Ukraine as part of his “Empire building” strategy. Now he is trying to deny, another genocide not of the Soviet Union but of the Russian Empire of which he wants to remain “Tsar”.

Vasyl Pawlowsky
Independent Consultant

Press Release from the Danish Helsinki Committee for Human Rights on the sentence against Valeriy Ivashchenko

12th of April 2012.

Former acting Minister of Defence Valeriy Ivashchenko has today been sentenced to 5 years imprisonment for violation of Articles 364,2 and 365,3.

The Danish Helsinki Committee for Human Rights has monitored the investigation, detention, prosecution and trial since the beginning of 2011. In August 2011 it launched a Preliminary Report II on the monitoring, which points at a number of general problems in the Ukrainian Criminal Justice System and in this specific case. It does not take side in the question of guilt or innocence.

The Danish Helsinki Committee has just (April 2012) publicized a Report IV on the Ukrainian reactions to the demands of the Council of Europe to improve the rule of law; the Report also comments on this case.

The conclusion is that the sentence in the Ivashchenko case is not the result of a fair trial in a legal system respecting the rule of law and basic human rights principles.

The attention is especially drawn to the facts that

• the actions and decisions for which Mr. Ivashchenko has been prosecuted would in other countries be considered normal political activities which potentially would draw political but not criminal consequences. Due to the political environment in Ukraine and the rule of law situation there is a strong suspicion that the prosecution is politically inspired and selective.

• the indictment against Mr. Ivashchenko concerns violations of Article 364 (“abuse of office”) and Article 365 (“excess of authority or official powers”) of the Criminal Code which both are vaguely worded and open to interpretation, having their origin in the old Soviet Penal Code where having an office and the authority of power had a completely different meaning from today (see Report II). They have been criticized by the Council of Europe Parliamentary Assembly in its Resolution 1862 of 26th of January 2012 (see Report IV)

• the three judges are all very young. The chairman of the court (Serjiy Vovk) has two criminal investigations pending against him (as described in Report IV). One judge (Oksana Tsarevych) is not even appointed permanent judge (Oksana Tsarevych) and is later to have her permanent appointments confirmed by the Verkhovna Rada (criticized in Resolution 1862, see Report IV). They have been under pressure to deliver a judgment which will not be controversial to their future careers. It is remarkable to see so young judges in such a politicized high profile case and most unlikely that they have been selected by the prescribed random procedure, the purpose of which is to prevent biased judges. That has also been criticized in Resolution 1862 (see Report IV).

• in general the Ukrainian Courts acquit only 0.2% of the persons indicted by the Prosecution, strongly indicating that there is a lack of presumption of innocence and that the Judiciary does not function properly as the impartial and independent controller of the executive power.

• Mr. Ivashchenko has been in detention for 19 months. No time limits have been set and no justification given by the Court for most of that period which in similar cases by the European Court on Human Rights (ECtHR) has been declared a violation of the European Convention on Human Rights (ECHR).

• Mr. Ivashchenko has been placed in a cage in the court room, which by the ECtHR in a similar case has been found to be a violation of the ECHR.

For further information contact Mikael Lyngbo (+45 2343 7905 or mikaellyngbo@hotmail.com


Karsten Fledelius
President

This Press Release is published with the permission of the Danish Helsinki Committee for Human Rights.

A vindictive form of justice

The lack of an independent judiciary in Ukraine prevents it from becoming part of the civilized world, undermines the principles of Ukraine’s Constitution, and the most basic rights and freedoms which it is supposed to guarantee. The lawlessness of the current regime is nothing more than a vendetta against those who were trying to bring some law and order to what is still a fledgling and now very fragile democracy.

In the spring of 2007 Ukraine together with Poland were awarded to host the Euro-2012 Football Championships, which seemed like a great victory at the time; however, anyone who has been following things since then understands very well that things are far from as smooth as “officials” are making them out to be.


European sources have stated that the reconstruction of the “Olympic” stadium in Kyiv is probably one of the most expensive construction projects in Europe at the given time. On more than one occasion workers on the Lviv Stadium, have gone without receiving their pay. In fact, in one case the company KomfortBud was restructured and renamed and workers not paid four months of salaries, which to this day they still have not received. Just one of the ways of a few pocketing money for themselves. Not to mention the clearly falsified tender for the building of the new L’viv stadium has probably cost the state hundreds of millions of dollars.

It is no secret that Deputy Prime Minister Borys Kolesnikov who is responsible for infrastructure projects was somehow tied into matters of the reconstruction of the Olympic Stadium, and clearly in conflict of interest. While he conveniently extricated himself from the company involved, it would be naïve for anyone to think he is still not personally benefiting from that business project.

When Yuri Lutsenko was the country’s “top cop”, Kolesnikov, who had openly called for the separation of the Donbas from Ukraine, as well as former Kharkiv Governor, Yevhen Kushnaryov, had been detained during ongoing investigations; Kushnaryov was the only non-Donetsk politician who also held high office in the Party of Regions, and died on January 17, 2007 under suspect conditions in a hunting accident. Some analysts have openly stated that Kushnaryov was an expendable body in the Party of Regions. In addition under the instigation of Lutsenko investigations were carried out on many Donetsk-based businesses and politicians, including Rinat Akhmetov’s SCM.

In Lviv the administration is also not as squeaky clean as its Mayor Andriy Sadovy so often likes to portray to the media and the city’s citizens.

In June of 2010, a criminal case was opened against Deputy Mayor of Lviv, Oleh Synyutka, who is responsible for infrastructure development in the city, for the inappropriate use of the municipal budget to the tune of UAH 8,681,617, just over one million USD. In comparison the arrest of Lutsenko and charges brought against him are sadly comical; like a beach bully kicking sand in the faces of those he disrespects.

The numbers speak for themselves and with Donetsk interests continuously growing in Lviv, due to the bedfellows that the city’s leadership keeps, the most corrupt will go unpunished. Lutsenko if not released for treatment could die, and Tymoshenko will be meted out a sentence, by a politically appointed “judge”, decided long before proceedings were started against her.

How the regime must be rejoicing that they have nearly achieved victory in silencing their two strongest opponents, who once insulted, and investigated their questionable behavior and have a great deal of dirt on them all for certain. In their world, vengeance has always been more important than justice. In their world there are no civilized rules.

Vasyl Pawlowsky
Independent Consultant

This opinion was published earlier on Ukraine Business Online.

In Defense of the Ukrainian People

The kangaroo courts which are trying both former Prime Minister Yulia Tymoshenko and former Minister of the Interior Yuriy Lutsenko, not to mention many other Ukrainians, from students to pensioners is clearly in criminal defiance of the Rule of Law.

At the current time there is no doubt in my mind that the regime in power has no interest in the benefit of the nation it "rules with an iron fist" or its people.

Today it became clearer than the light of day that the current regime is trying to physically destroy both Yuriy Lutsentko and Yulia Tymoshenko – in short to kill them.

Yuriy Lutsenko's health is rapidly deteriorating and has been on a rapid decline since the month of May, he has been diagnosed with sclerosis of the liver, for which he requires immediate treatment. This recommended treatment by officials of the Ministry of Health of Ukraine has been denied by “judge” Boyko.

This in itself shows the criminality and disrespect for the Rule of Law by the current regime, and it is clear to me that the current regime understands that it is much simpler if Yuri Lutsenko dies while in custody, than to actually pass any type of judgment on him. Its analysts are counting on the economic problems globally, and even more so in Europe, and the passive stupor that the Ukrainian people have been put into, due to their many foul tactics to ensure that day comes as soon as possible.

Why are they treating him this way? Simple, they operate “beyond the boundaries of any written or unwritten laws.” For them, it is probably simply payback for any of the cases which Lutsenko as Minister of the Interior had interfered with their business. Their disrespect for human life and their attitudes towards “law abiding” and “normal” Ukrainians is clear. It is an “US vs THEM” mentality.

Yulia Tymoshenko, while not in such a dire state of health is being driven down that same road.

At the current time the only option that exists in terms of leadership in the country is Yulia Tymoshenko. She has taken the burden of standing up for what is right and what is wrong in the country, and the case against her. There are few individuals in Ukraine, who can, and will at this point, stand up for the country and all of its people, their dignity and their rights.

The clan and bandit mentality of the current regime with its own personal business interests in mind, which come before those of the country are evident. While political capture has long been an issue amongst political analysts of Ukraine, and countries strongly rooted in democratic principles who have tried to assist Ukraine over the last twenty years; it must be understood that the hunt to capture Ukraine started even before its independence twenty short years ago. It came to its culmination with the inauguration of the country's fourth President.

Ukrainians both in Ukraine and in the Diaspora must get it through their heads that Yulia Tymoshenko, at this point, is the only capable individual in the country with the skills, intellect and testes to do what is necessary and bring some order to the current state of affairs in Ukraine, and the riffraff which governs by the rules which only THEY understand.

Those who are now in power very well understood the maxim of “divide and conquer”. It is time for the people of Ukraine to take back what is rightfully and morally theirs. They have to bury their differences and unite behind someone capable and who has shown in many instances she is willing to bare the burden against her current political foes that morally stand on a different side of the fence than US good people.

Vasyl Pawlowsky
Independent Consultant

More Damage Than Good

Clearly there are times when people chose to speak out in opposition to an event or action, or in defense of someone or something that is important to them. Yesterday was such a case when a number of well know international political leaders and intellectuals which included Vaclav Havel, Czech Foreign Minister Karel Schwarzenberg, the Tibetan Dalai Lama, Desmond Tutu, former German president Richard von Weizsaecker, Jordan Prince Hassan bin Talal and French philosopher Andre Glucksmann and others published a letter on the Project Syndicate site entitled Ukraine Loses Its Way.

However, Ukraine has more than lost its way, many who follow Ukrainian matters, including many journalists in Ukraine are as lost about what is going on, and as I have stated in a earlier blog post, it is better that they say nothing than play into the hands of the current criminal and anti-Ukrainian regime which has overtaken the country.

Today I received an e-mail from Myron Petriw, the author of Yaroslav's Treasure. I'm fine with being on his e-mail list, but what I am really annoyed with is that Mr. Petriw is extremely misguided and that today his little missive plays right into the hands of today's bandits that run the politico-economic project of a nation which is called Ukraine.

In forwarding an article which appeared in Ukrainska Pravada which sites a statement from the Russian Ministry of Foreign Affairs in defense of ex-Prime Minister Yulia Tymoshenko, the of core which stated: “We proceed from the fact that the trial of Yulia Tymoshenko must be fair and impartial, and that it meet all requirements of Ukrainian legislation in ensuring the protection and opportunities to observe basic humanitarian norms and rules.”

Today his two cents stated the following and I quote:”Medvedev and the Ministry of Foreign Affairs of Muscovy protect Yulia. Well aware that the dock is not only for Julia but for Putin and Muscovy.”

Mr. Petriw, the use of such terminology not only takes many Ukrainians, including friends and the families of many friends I have around the globe who still live in Ukraine a step back to the times of serfdom in Ukraine. For you to make such an misguided and insolent comment and distribute it amongst your mailing list in the Ukrainian community is a travesty. You like so many other “Ukrainian patriots” have lost touch with the realities of not only Ukraine, a country which you no doubt care very much about, but the reality of the geopolitical clout which Russia as well as what has transpired during Ukraine's short twenty years of independence. It would be better if you and any others like you,  keep your comments to yourselves, because you are doing more damage to Ukraine and its people than you can even imagine.

The clan of bandits which runs Ukraine right now is anti-everything of what most of those living in the West stand for. They waited for a long time to come to power, and now that they have it, they have gone crazy and are doing everything possible to destroy the human vestiges of what it is to be Ukrainian: its language, culture, morality and the goodness of Ukrainian people. They employ brutal methods which were not even seen during the last years of Soviet rule. In short they operate with a thug-criminal mentality as it is the only one they know. In this case the Russian word “бєспрєдєл” [bezprydyel] comes to mind, which means events which go beyond the boundaries of any written or unwritten laws.

Vasyl Pawlowsky
Independent Consultant