" How to throw a hunger on the protests of Ukrainians and return to the USSR

Today, 12:59 | Policy 
фото с Зеркало недели

What was primarily remembered after reading the “letter” on the form of the Prime Minister of Ukraine on the need to coordinate mass events in Kyiv with the General Staff of the Armed Forces? My participation in the rally in support of Lithuania, which proclaimed independence on March 11, 1990. The rally organized the folk ruh of Ukraine (then it was also called " I just elected by a deputy of Kyiv, I said from the rostrum about the support of the Lithuanians, but not all of Kyiv, but only that part that formed a democratic block (actually Rukhovskaya). The rest formed a combob (communist, no matter how wild it sounds today) and the proclamation of Lithuania independence, of course, did not support at all at all.

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The next day, at 7 a.m., the investigator of the prosecutor’s office came to my house, showed my photo on the tribune (operational, as I understand it) and asked: “This is you? “Well, of course, this is me, why should I hide? " “Then,” he says, “you are held accountable for participating in an unauthorized rally...”.

Today, after the revolution on granite, the shares of Ukraine without Kuchma, two Maidan and three and a half years of full -scale war, Sviridenko’s letter is that again Back in the Ue.

What is spelled out in the "

First of all, why you need to take this name in quotes? Because the status of “letters” is an unknown, there is no one on the KMU website (at least I did not find it), the scan published by many publications does not contain the name - resolution, order or order - and has no numbering and number, only the form. What is about in the \? I quote completely according to the published scan:.

“To the Urahuvannyam Vimog Statti, the law of Ukraine“ About the right to the regime of the War I will ”, I ask from the Planwan Masovikh (traders) Zakhodniyati Viovyazov, Iz Vіzovyk command in the zones of ї ї ї ї ї ї ї ї ї. Kiwi - with the General Staff of the Zbroin Forces "

Next is a list of unknown to the wide mass of names without indicating the posts. “Letter” is addressed to the ministers, other leaders of the central executive authorities, the heads of the regional, the Kyiv city military administration.

Therefore, all this looks like an awkward office fake, as the secretaries say, “Zalepuha”. But the fact that the “letter” exists in one form or another is beyond doubt: the head of KGVA Timur Tkachenko has already managed to issue an appropriate order and comment on his content.

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KGVA emphasizes at the disposal:.

All applicants who apply regarding the coordination of mass events in Kyiv must first receive permission in the General Staff;

The organizers whose appeals are already in processing are also required to go through this procedure and report the result of KGVA;

Information about the new rules must be brought to the attention of all performers and responsible structures.

Consequently, the “letter” exists, and this is not jokes: the organizers and participants of mass events (solemn or not-this is another matter) can rattle under article 185-1 of the Code of Ukraine on administrative offenses “Violation of the procedure for organizing and conducting meetings, rallies, street processions and demonstrations”. Punishment is a small fine that does not even frighten the student, but the sediment in the public consciousness is extremely unpleasant, in fact we are talking about the ban on mass events without the permission of the authorities. Does this comply with the legislation and the Constitution of Ukraine?

Is it possible to conduct rallies during the war?

“Citizens have the right to gather peacefully, without weapons and hold meetings, rallies, campaigns and demonstrations, the holding of which the executive authorities or local self -government bodies are notified in advance,” the Constitution of Ukraine in article 39 determines in article 39. And further: “Restriction regarding the exercise of this right can be established by the court in accordance with the law and only in the interests of national security and public order...”.

The official interpretation of the provision of this article is in the decision of the Constitutional Court No. 4-RP/2001 of April 19, 2001. It lies in the fact that the authorities do not have the right to allow or prohibit the conduct of mass events, it has the right to only ensure the conditions for their implementation. Only the court can prohibit or limit. The decision of the KSU directly says: “The requirement to obtain preliminary permission to hold individual peaceful religious assemblies in public places contradicts the provisions of the first part of Article 39 of the Constitution of Ukraine, which, as the norms of direct action, establish the need to only inform the executive authorities or local self -government bodies on the holding of a peaceful meeting, which can be both religious and non -religious in nature” (identified by me.. - A. This is in peacetime, and what is in the military?

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Clause 8 of Article 8 of the Law of Ukraine “On the legal regime of martial law” refers to Sviridenko “Letter”, establishes that the military command, together with military administrations, can introduce and carry out such measures of the legal regime of martial law within the framework of temporary restrictions on the constitutional rights and freedoms: “Prohibit the holding of peaceful assemblies, rallies, processions and demonstrations, other mass events”. Therefore, here we are not talking about preliminary approval or any permits. The fact that the leaders of some ova (jumping out of his pants, figuratively speaking) were banned in their fields of mass events in their fields, indicates only their legal ignorance, as well as the desire to “tighten nuts” to activists and like Bankovo. It is known that these are Kiev, Poltava, Sumy, Khmelnitskaya ova (maybe some more, I don’t know).

And the requirement to pre -coordinate, for example, concerts or sports competitions in Kyiv with... the General Staff of the Armed Forces of Ukraine, is especially resonant.! As if during the war he has nothing to do, except to check the organizers of events for... loyalty or involvement in the FSB of Russia. Why not? After all, no criteria or procedures for submitting “preliminary approval” have been established, so the General Stans can check everything that they want.

Well, the law -abiding head of the KGVA Timur Tkachenko is known to everyone. What is only indulging in the heads of district administrations, which established illegal tariffs for the maintenance of apartment buildings, but Tkachenko did not cancel them. Did not even take into account the instructions of the State Regulatory Service. Now, paired with him, Prime Minister Yulia Sviridenko, who was just the time to read the Constitution and certain laws of Ukraine, also acts with him.

Are there any rational grounds for attracting military?

At first glance, there is: ensuring the military protection of the mass event, at least the strengthening of air defense during its implementation. Any adherent of the presidential team will tell you this. But this view is absolutely amateurish-no air defense means will be enough to cover up the concerts of some kind, with all respect, Monatik in the Sports Palace. Air Defense and so work on the verge or even beyond their capabilities along with other defense forces.

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The argument about the prevention of concert and entertainment shows on mourning days is also weak. On the one hand, it is impossible to foresee them in advance, and on the other, the National Police reacts in a timely manner to their inappropriate conduct, as happened recently on Sofievskaya Borshchagovka near Kiev.

Therefore, the only conclusion that comes to the surface of all this muddy story is the following: “Letter” by Sviridenko is a clumsy attempt to intimidate the potential participants of the next “cardboard Maidan”. Only, I think, they were not attacked by those.

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Источник: Зеркало недели