Regional Monitoring Report about human rights movement in Lugansk region
ON THE SITUATION WITH THE HUMAN RIGHTS IN LUGANSK REGION(Regional Monitoring Report)
About human rights movement in Lugansk regionMonitoring report of the Luhansk region Branch of CVU
In the Ukrainian third sector all NGOs consider themselves human rights supporter, because they support of certain rights and interests of its members at least. So, if we want to highlight the general range of NGOs, which we consider human rights supporter, we have to define on specific criteria. We used the following:
– The organization provides assistance to persons who are victims of infringement of human rights, report about violations, provide of knowledge;
– The organization specializes in assisting it in cases where the infringer is a State, state organization and state official;
– The organization recognizes and respects the principles of indefeasibility and indivisibility of rights.
Using these simple criteria, we had selected 48 NGOs from the list organization of the Justice Department in the region (807 NGOs in this list are described as human rights supporter). From their, according to our monitoring, 14 stopped activity or inactive now.
- The time of youth
In the Soviet Union time existence of NGOs, which meet the above-mentioned criterions would be impossible.
So the first regional human rights organization was registered in Lugansk 17.09.1992, existing and still “Lugansk Humanities Center,” which was created the journalist Peter Shevchenko, philosopher Vasily Poklad and other Lugansk intellectuals, who in 1989 worked for the election of USSR People’s Deputies of the Russian human rights activist and journalist Yuri Schekochyhin. Generally Center specializes in sociological studies, but its members, law academy teachers Andrew Benitskyy and Nicholay Masur and conducted some interesting research in the field of human rights.
However, in the early nineties social movement Ukraine as a whole has suffered substantial losses in recent years compared to the eighties. Organizations, that was active until nineties suffered substantial losses because activists “went” in politics, government or business. Number of parties and their numbers rapidly increased, and the 1994 elections came to power the largest number of “new people” for all the years of independence Ukraine. Naturally, these people cared and human rights, but mostly they was members of the liberal party organizations or national-democratic orientation. Human rights activity, the essence of which the majority of party members did not understand, was a secondary, derivative of the issues of democratic and market reforms. Activity of several NGOs, that registered at this time and that could potentially play the role of human rights (eg, Lugansk Regional Association of voters), quickly had decreased.
Under these conditions the emptiness of the third sector, with foreign financial support, began to fill the students and youth. There were student network (CIP, USS Student Fellowship) and youth organizations, and later specialized networks such as CVU movement mediators and others. Time ‘young defenders” came to the Luhansk region.
Lugansk Regional Mediation Group was registered in December 1994. Ukrainian network of such groups was intended to extra-judicial conflict resolution, first of all criminal cases concerning minors. In April 1996, students of law faculty of East-ukranian national university founded “Lawyers Club” and a legal clinic, which worked in parallel. Much of the young people who today is engaged in the Luhansk region of practical rights support had graduated this school. And Student Fraternity of Luhansk was registered region in May 1996.
The last two organizations and their leaders Dmitry Shlykov and Vladimir Shcherbachenko played a significant role in the development of regional youth movement generally-democratic, and in the development of advocacy.
“Lawyers Club” is actually the first in Lugansk became provide continuing free initial legal assistance to citizens, it (along with a legal clinic) became the basis for practice for law students. n this sense, a legal clinic «Pro Bona» of East-ukranian national university provide activity still. After university Dmitry Shlykov continued work, that begun in the “Lawyer club” together businessman and politician Władysław Krivobokov. He founded new organization “Luhansk regional center of social and legal protection”, that for a long time provided the largest number of free consultations Luhansk residents (among other organizations). Now Shlykov and Kryvobokovov are deputies of various Luhansk councils from Ukranian communist party and they continue to work with the legal support of citizens, in particular, in the organization “Youth Center of legal assistance”, that was registered in 2008.
After graduation and post-graduate courses of university leader of the “Student Brotherhood” Vladimir Shcherbachenko had graduated a course at the Warsaw School of Human Rights and continued professional social work in Luhansk regional organization “Eastern Center for Civic Initiatives” (total action in support of human rights and democracy), that was founded in 2003. Organization declares that holds reception of victims of violations, however, by our estimation, this activity isn’t profile for center, the basic direction of their activity – advocacy of human rights.
With regards to Lugansk “Student Brotherhood”, today it is headed by Alexey Kormiletskyy, he is coordinator of public network “Support” in the region. “Student Brotherhood” provide various activities, including human rights support, and Brotherhoods members are developing an active network of youth organizations. For example, vice-chairman of “Student Brotherhood” Maxim Danilchenko is director of the NGO “Luhansk Advocacy Institute,” and in the Justice Department register he is referred as head of Luhansk regional association of public service legal assistance. Youth organization “Ferrum” is headed by a Brotherhoods member Ivan Zheved.
At the same time it is important to note that this very active group of young peoples acts through various events preferably. However, stories of their hard work with specific human rights violations as a result of our monitoring have not been identified.
- Lugansk professional organizations of human rights support
Since the second half of the first presidential term of Leonid Kuchma situation of human rights in the Luhansk region has deteriorated significantly, torture in police became commonplace, tyranny of bureaucrats, gross violations of social rights. The various political leaders activity concerned these cases, but it generates a selective response (political expediency), incomplete case, etc. In the region there was a clear need in the activities of professional organizations that were specific to the support of victims of violations. As a result, at this time there were several such organizations, the Public Committee for the Protection of constitutional rights and freedoms was the most successful from these. The Committee quickly became a leading human rights organization, that dedicated to protecting several individuals who were victims of violations. The head of Committee was (and remains so to this day) Nikolay Kozyrev, who at that time returned from Russia where he worked for some time – first as a USSR People’s Deputies, elected from Krasny Luch, and then as vice-minister of Social Policy of the Russian Federation. The efficiency of the Committee was high, because human rights supporters and trade unionists became work together with Kozyrev, they had already been known in the Luhansk region – Larissa Zalivna, Sergei Morozov, Nikolay Kozyuberda, Dmitry Kalitvintsev, Tatiana Kisla, an experienced journalist Lyudmila Sokolenko.
The overall impact of this group of rights supporters on the situation of human rights in the Luhansk region can not be overemphasized, because the Committee had significant influence on the formation and work of other “adult” human rights organizations, which appeared in Lugansk in the future. Above all, female human rights organization “The Seagull” (head – Larisa Zalivna) and the regional organization of “Public control” (chairman – Viktor Bakumenko) was registered in 2000. Significant contribution in combating human rights violations in the Luhansk region was made two regional organizations, who started work under the influence of the Committee – Luhansk regional NGO “Luhansk Press Club” (head – Lyudmila Sokolenko, organization was registrated in April 2005) and “Lugansk Advocacy Group” (director -Natalia Tselovalnichenko organization was registrated in September 2008).
Except for the above organizations, according to our monitoring the Rights Center “Progress” (Chairman Konstantin Reutskyy), Regional Organization “Protecting Children of War” (Volodymyr Sulimenko), NGO “Labor movement “Solidarity” (Constantine Ilchenko), organization “Philosophy of Law” (Anatoly Shamrin), Center of Nicholay Pesotskiy ” Protection of human rights in Ukraine “, NGOs heads Krivobokov and Khokhlov, human rights activist Oleg Peretyaka performed direct work with victims of human rights violations.
In 1999 city Severodonetsk had became the second regional human rights center of Lugansk region, especially, Luhansk regional branch of “Committee of Voters of Ukraine” (head of Alexei Svyetikov) was registered in October 1999. The main direction of its activity had been assisted victims of human rights violations, first in Severodonetsk and in surrounding towns and areas. But in recent years at the regional level there is another powerful Severodonetsk human rights organization – “Legal Space” (head – Rome Bilotserkivska), this organization specializes first to the support of business rights.
In addition Lugansk and Severodonetsk, regional human rights NGOs exist in Alchevsk (NGO “Luhansk Region Center of Ukrainian Youth NGO “Democratic Alliance”, that was registrated in 2001) and Anthracite (NGO “For the protection of drivers”, head – Victor Danchenko, that was registrated in 2009).
- Time of missionary
Part of the regional human rights organizations that were created in the late nineties – in early 2000, was the status of network, that had its offices at least in some cities and districts. These were Conference of independent trade unions of Lugansk region, “Public Control”, Luhansk region Branch of CVU, “Student Brotherhood”, “Democratic Alliance” and so on. However, by 2005 it was common practice that residents of remote were assisted human rights organizations, that were located in Lugansk or Severodonetsk. The situation changed significantly in 2005, when the number of the most gross violations in the region really decreased, and competition between public human rights organizations has increased. The most successful NGOs “went” to build its own structure “in the village”.
The best kind of missionary activity failed regional women’s human rights organization “Seagull”, legal entities of local women’s human rights organizations: “Victoria” in Starobelsk (chairman – Vera Faith), “Zorya” in the settlement Stanichno-Luganskoye (chairman – Vasiliy Geraskov) , “Pervocvet” in Bilovodsk (Chairman Annusova Faith), “Swallow” in Krasnodon (head – Lubov Babenko), “The Seagull” in Novopskov (chairman – Svetlana Stohnyeyeva) were registered in the districts of Lugansk region. All these organizations are active and pursue human rights activities, including a separate activity from the “Seagull”.
Human rights activity was successful in local activities first in Svatovsky district, where quite capable of “holding” friendly organizations (Natalia Kuzovenina, Julia beauty, Rima Job Andrey Kryukov, etc.) was formed with the support of the organization “Seagull” (and for the financial support of the “Renaissance” and other funds).
The number of activists is quite significant, who consider themselves members of the Public Committee for the support of constitutional rights and freedoms.
The purpose of our monitoring was to find out the level of development of the human rights movement first in disticts of Lugansk region. The study was conducted by questioning heads of head of the district department of the Interiorof and editors of regional newspapers, and community activists also directly involved in human rights activities. Note that not all people who are actually engaged in the areas of protection of the rights of his countrymen, caught in the “net” of regional NGOs, who conducted “missionary mission” in previous years. Many people continue to act only independently, relying only on themselves, or on help of the local party activists. However, the effects of regional NGOs in areas are significant: a significant number of local organizations are in the areas worked in “The Seagull”, Luhansk region Branch of CVU, CCI, but in others distrits – their significantly smaller. The worst situation there is in the more populated southern districts of Lugansk region, there are many local human rights supporters is the smallest.
International covenant on Civil and Political Rights:
how is it observe in Luhansk?
ARTICLE 19 OF THE covenant: FREEDOM OF SPEECH
Since the late 90s in the implementation of freedom of speech in Ukraine as a whole, and in the Lugansk region, there were two negative trends. First, it is filing lawsuits with disproportionate amounts allegedly inflicted moral damage. Formally, to protect the honor and dignity (optional – goodwill), in reality, these actions were aimed at the destruction of “unfriendly” media. To do this, had came to the amounts paid for which the existence of the publication became impossible. With a high probability to meet such claims a corrupt court, freedom of speech has become ephemeral, and the press could not play the role of watchdog of democracy.
The second trend is closely connected with the first, is the formation of the Ukrainian journalism “sphere of activity”, which is called “journalistic killer-activity”, “pouring mud” and other terms of negative sense. However, the essence of this trend is quite definite: the media is placed deliberately false information or baseless value judgments, that destroy the reputation of the person, which is targeted by the defamation. Using a tool such as the owners of the media – in order to eliminate competitors, including before the elections, and independent media – as a highly profitable activity. In Lugansk region first trend is most acutely manifested in Lugansk (suits against newspapers, “Rakurs-plus” and “XXI Vek”) and in Severodonetsk (suits against newspapers “Trety sector” and “Lubimy Gorod”). The second was originally formed in Severodonetsk – due to her “successful” selected leaders of public media, that have managed to discredit all possible rivals of the mayor, so much that his position for 16 years has been unwavering. And to this day paid “pouring mud” throw from the regional editions of chemist’s city.
If the danger of the first tendency is uniquely recognized by the human rights community in Ukraine, the second is practically ignored, and my own attempts to call attention to this problem on several forums of human rights had failed. However, the use of such technologies for public policy makers leads, at least to a breach of electoral law. Even worse, that democracy in the case of dominance of the second tendency is no longer effective, because the choice of the voter is not based on an assessment of the real action policy, but on the way, professionally distorted black PR professionals.
The first negative trend was almost overcome in the Luhansk region by the end of 2004, which was helped three circumstances. First, once the three decisions of the European Court of Human Rights violations were found to Article 10 of Ukraine’s European Convention on Human Rights and Fundamental Freedoms. These solutions have been implemented in the judicial practice in Ukraine in the manner prescribed by the law of Ukraine “on the execution of decisions and practices of the European Court of Human Rights” and through the introduction of the 2003 Amendments to the Law of Ukraine “On information”, which found that evaluative judgments are not subject to refutation. The practice of judicial protection of the right answer to the media posted a negative value judgment is absent in Ukraine. Second, since 2005, the Ukrainian government, because of the strong desire to enter the EU in the conflict between freedom of speech and the right to protect the good name always given priority to the first. Third, the publication, who make a distribution paid black PR learned to use flaws in the legislation governing the media, resulting in the filing of a claim for defamation is not always possible to establish the proper defendant, a person who may be legally responsibility for the dissemination of lies. Newspapers that distribute custom lie, as a rule, are not legal entities, the editor is easy to “encrypted” through the subtleties of the employment contract, and to make rebuttal to the founder of a legally meaningless, because by law he has no right to require placement in “his” edition, which or materials, including – denial. And often it is not able to execute the court decision for financial reasons, because, as a rule, is a “phony” created for the proper establishment of the media.
Thus, in the Ukrainian legislation formed bias that does not allow victims of defamation to effectively defend in court the right to reputation in cases where incriminating information was distributed in the form of value judgment. And the right to refute widespread false information is very difficult.
In our opinion, the abuse of freedom of speech and use it to discredit the same is dangerous from the standpoint of protection of human rights, as well as direct suppression of free speech. At present, LOV CVU supports the claim of social activist D. to newspapers “Molodogvardeets”,”Evening Lugansk “and” Severodonetskie visty “in the Lenin district court of Luhansk, the media in 2008 posted defamatory material on D. “Paralysis of Conscience”. This material under one alias was placed immediately in three media, and, in our judgment, was a way of Severodonetsk power to the massacre over D. and his colleagues, which carried out a public action. During this action the participants placed in front of Severodonetsk City Hall several coffins to protest against the refusal of the authorities to organize the burial of the remains of soldiers of the Great Patriotic War, that found during excavations in search engines, led by D. The material challenged in court, was defamatory, in addition, it distorted the events given incorrect information regarding D., disclosed personal information that is considered to be particularly defensible. For example, in media reports on disabilities, D. (congenital heart disease), these publications claim to respectability and objectivity, wrote (quote): “The second character in the drama of our bones – D. 26 years old, disabled since childhood, Group III” (First and last name shortened by us, in publications, they are completely – A.S.). And then – “Command search party … finally spat on disability”, “archaeologists on disability,” etc.
We do not question the right of journalists to newspapers «Molodogvardeets» and “Evening Lugansk” to have a negative opinion about the activities of public organizations, led by D., and publicly express that opinion. But of course, as the D. has the right to ensure that journalists do not spread information that does not correspond to reality, as well as information that is personal and sensitive.
In Lugansk region object diskreditatsion’s campaigns often are active public men, independent of the main groups, that are vying for power. In 2011 defenders Kozyrev and Reutsky became the objects of defamatory attacks, leaders of independent trade unions and Kozyuberda Ilchenko, civic leaders of VTSOI and LOO CVU became the objects of defamatory attacks too. For example, with respect to the Lugansk branch of “Committee of Voters of Ukraine,” a local party organization “Batkіvschina” within six months, spread untrue allegations that its actions CVU supports one of the potential candidates for the deputies Aleksey Kunchenko. This continued and after LOO CVU issued a retraction, indicating that there is no fact which would have testified to such support. Therefore, LOO CVU in March 2012 asked the court for protection of business reputation, which requires the defendant to refute them spread false information. And it is not declared non-pecuniary damages in cash.
It is likely that the claim Loo Kia, especially in the case of a positive decision will result in filing similar claims of other social organizations. For example, the March 28 action for the protection of business reputation sued the Lugansk Chamber of Commerce.
Unfortunately, due to the specific legislation in Ukraine legal protection against defamation customized by the media is not always possible. November-December 2011 two special issues were published of the newspaper “Free Reporter” with fractional numbers № 43.1 № 47.1, and with large print runs of 3-4 main runs. Issues have been distributed for free (layout into mailboxes). These special editions were aimed at discrediting the “Committee of Voters of Ukraine” and its Lugansk office, personal manager LOO CVU, they contained false information and assessment of known offensive content, like, “the corrupt creature”. However, the appeal to the court for protection of business reputation, in this case was hopeless: the newspaper material is presented as a verbatim quotation of material from the site “Severodonetsk passion” for the content of which one is not legally responsible, most of the allegations offensive contents were described as a value judgment, the controlling second copy of the registration authority in the special issues did not appear, but the output is no information about the editor.
The absence of the Ukrainian legislation reliable mechanisms that ensure the victim of defamation law to refute or explain, objectively forced to demand compensation for moral damages. This will inevitably lead to relapse lawsuits with disproportionate amounts of damage, above all honest media, which do not distribute customized black PR, but critically illuminate the reality and allow for this “honest mistake” (i.e., involuntary, unintentional) will suffer for it. The first “calls” in the Luhansk region has already sounded.
November 28, 2011 the judge of the court of Luhansk Zhovtnevyi A.E.Didorenko satisfy the claim of “Luganskteplovoz” and awarded to recover from the newspaper “XXI Century” 250 thousand UAH. moral damages. The lawsuit was filed in connection with the publication of the text of the author, which was a deputy of the regional council Vladislav Krivobokov “revive the plant – will revive a city?”. Article, in our opinion, adequately assessed the economic situation in the former main enterprise of the regional center. We do not analyze the claim and the judgment is in effect. Moreover, in a subsequent dispute of the enterprise-edition has been resolved. But if a decision, which was taken by the judge, was assigned to design, one of the leading newspapers of Lugansk region would cease to exist.
Currently, in the claim to a famous reporter Valery Lugansk brazier Lutugino is considered, in which the plaintiff appreciated their “moral sufferings” of 100 ths grn. In our assessment, the freedom of speech in Ukraine clearly needs further legislative regulation at the national level. As to avoid the possibility of the destruction of “unwanted” media through awarding disproportionate amount of moral reparation, as to ensure effective law for the rehabilitation of persons in respect of which spread defamation. In our opinion, damages the honor, dignity and business reputation inflicted by the media, should be solely in kind. The editors should be recognized as a defendant in court regardless of whether it is a legal entity (rather the fact of state registration of mass media). Reprint information from this site should not be considered as grounds for exemption from liability. Plus – a multiple of the amount of positive material for defamation, the injustice which is recognized by the court.
ARTICLE 19 OF THE COVENANT: ACCESS TO INFORMATION
After the entry into force in May 2011 the Law “On Access to Public Information”, the situation with ensuring the rights of Luhansk residents of free access to information at the level of state administrations and local councils has improved. In particular, as a whole passive right to information provides: decisions of relevant bodies, including – acts of individual action are posted on the official websites. Fears that the number of requests for public information would be excessive, not justified. For example, in the Luhansk Regional State Administration from May 9 to December 31, enrolled 91 request for public information in the Luhansk regional council – 19 queries. It were satisfied within the prescribed statutory period.
However, these events, positive changes have been exhausted. The central authorities and their local structures are information’s private. For example, the site of the Central Election Commission have not statutory services for public information, there isn’t even an electronic address to which, by law, may be requested to provide information.
At the request, that had been sent by LOO CVU on February 18, the response is not received to date. In this regard, a second request had been sent – to ensure that the procedural conditions for going to court. Full information’s closeness of the CEC is particularly alarming due to the approaching elections in 2012.
A major problem is that in the Lugansk region today is absence of the appropriate mechanism to ensure compliance with the Law “On Access to Public Information ‘through the involvement of officers charged under Article 212-3 of the Administrative Code. Currently, the police and Security Service, who have the right to draw up protocols on administrative violations under this article, send complaints from the public prosecutor’s office, which ignores them. For example, gr. Gulenko SA sent a complaint to the failure to provide information Gask in all three body force in November 2011. From the police and the Security Service had been received that the complaints referred to prosecutors, the prosecution of the response is not received until now.
An expansive interpretation of Section 6 of the Act results to substantially limit the right to receive public information, which is in the Luhansk region common practice. Initially, the executive committee of the City Council Stakhanov, and then most of the other executive committees and administrations formed multi-lists of information, referred them to the service. In these lists there were town planning and land management documentation, some activities are funded by local authorities from the local budgets, etc. To overcome these obstacles requires further systematic activity of human rights organizations as the monitoring of access to public information, and in the field of jurisprudence for the support of that right. But in 2011 we are aware of only one complaint related to the support of the right of access to public information: in August LOO CVU drew a lawsuit against the Belokurakino’s, Markovka’s and Popasnoye’s state administrations in connection with the failure to provide information on request. The dispute in the Lugansk district administrative court has been resolved through a negotiated settlement.
Among other threats to the right to information should be made of the management of the Lugansk SBU: Practical Application of the new law on state secrets is not developed, and the activities of the intelligence it is dominant. In 2011, criminal cases related to state secret, in the Luhansk region have not been initiated, but the administrative proceedings were brought against 64 officials. Finally, brutal actions of the SBU and the MVD for Internet service providers, resulting in a violation of the right of access to information of other persons particulary concern. For example, March 7, Lugansk police seized servers from ISP “Alchevsk.net”, resulting in most of the residents of Alchevsk was deprived of Internet access. And today Internet is the most important means of communication, including the ability to communicate with family, relatives, friends and colleagues via email, Skype or ICQ, participate in social networks, a greater share of the necessary information.
ARTICLE 22 OF THE COVENANT: FREEDOM OF ASSOCIATION
To date, we have to evaluate the changes occurring in the field of human rights, including their possible impact on the election of deputies of the year. In this regard, the increased number of “actions” Luhansk “power” against activists of public organizations is evident.
May 22, 2011 in the village Volnukhin, in a private courtyard of Yuri Kosarev, which is a member of the “Lugano human rights group”, there was a conflict between him and the three police officers.. As a result, Kosarev had been beaten, arrested, detained for nearly two months in jail on charges of crimes stipulated in Articles 342 and 345 of the Criminal Code of Ukraine. As explained police’s leadership – Kosarev was drunk and behaved aggressively against staff. But the video of the conflict, laid out on Youtube, see what the police officers threatened reprisals Kosarev. Also near the place of conflict there was the car (license plate BB 1122 BX), in car there were the leaders of “the Assumption careers”. And they also took part in the conflict. The police did not give an adequate explanation of the reason for the invasion of employees in the area of privately owned Yuri Kosarev, and therefore Luhansk defenders no doubt that this action was done in the interests of private owners of “The Assumption careers.” Against the tyranny of which (the exploitation of people without labor contracts, etc.) Kosarev fought as a public figure.
January 11, 2012 four unknown persons broke into the house of the head of the Sverdlovsk organization “Our Choice” Gennady Fimin and tried to set fire to the living room with gas canisters. Fimin available used his gun “Saiga”, double-shooting in the air. And while fleeing assailants he shot the tires of their car. Because of this attackers have been established, but the Sverdlovsk police charged … Gennady Fimin the unjustified use of firearms. It is appropriate to add that a year before this case is unknown assailants beat Fimin by bits, as a result he became disabled. Although Gennady identified one of the beating, he prosecuted was not. And last summer, Fimin car was set on fire. The reason for criminal action against him, too obvious – the NGO “Our Choice” and personally Fimin fight against violations of rights of miners working in the “Copanca”. Alas, the police in this case is clearly on the other side.
January 20, 2012 the head of the youth organization “Ferrum” Ivan Zheved telephoned the head of the CCA Ministry of Internal Affairs in the Luhansk region, Tatiana Pogukay and said that he was arrested, taken out of town and beaten by two police officers. Most likely, the detention of (illegal) was not associated with social activities of young people, but the actions of the police tightened when they had found in the pockets of Ivan flyers political content.
Last year, Alchevsk officers of the local department on struggle against economic crimes a criminal proceedings were instituted against the head of children’s organization “Variety Theatre” Class “Sergey Zuev, at the beginning of this year’s trial began. Essence of the charges: in 2009 the organization of “Class” by a grant from the Anti-Crisis Program of Humanitarian Fund “Renaissance” implemented the project “Childhood is not canceled”, in which children are orphans and children from “distressed” families were able to relax and get healthier at Azov Sea. According to project, Zuev has concluded agreements with three private entrepreneurs, who provide legal and methodological support of the camp. for services rendered, they were one-off amount listed from 1500 to 2800 grn. Fund to provide funding, received the report and considered those costs reasonable and relevant objectives of the project. But police believe that entrepreneurs received honoraria illegal, because in person at the children’s camp were not present.
In late November, the activists’ control of the Road “put on Youtube videos, which is seen as a state inspector of Lugansk Sidorenko, name-calling homosexual community members. A policeman found an abnormal situation when the non-governmental organization engaged in its charter activity – fixes violations of traffic rules by the employees of traffic police. In this case, “Ground Control” recorded on video action Sidorenko, who stopped the car at the site, which has a sign “No Stopping”.
December 23, 2011 the newspaper “New Evening Lugansk” published information of Secretary of Stanichno-Lugansk regional committee LKSMU Alexander Borovsky that the police raided and arrested a young resident of Stanichno-Lugansk Alexander Chikalov. He was charged that he had painted the walls of some buildings in the village of anarchist slogans read: with appeals not to serve in the army and do not pay taxes. Failing to recognize these acts, they let him go home. Ordering myself to find those who made these inscriptions. May be Stanichno-Luhansk police and pay for the salaries that they fished the anarchists? As a policeman in Tsarist Russia?
And another fact, which seems totally unacceptable: 21-22 August 2011 Lugansk police officers phoned to representatives of political parties and tried to find out whether they will go to Kiev to participate in civil actions in the Independence Day. Senior representatives of Ministry of Internal Affairs then explained that fact is the usual activities of the police.
We estimate that in all these cases it is not only that the Ministry carries out activities not related to the protection of public order and the fight against criminality. These facts should be considered as a part of the police preventing the legitimate activities of NGOs. It is especially important trend – the number of such cases in 2011 increased dramatically.
ARTICLE 21 OF THE COVENANT: FREEDOM OF ASSEMBLY
At Sunday, March 25, 2012 was derailed by a meeting at which the organizers plan to create an initiative group on referendum for the resignation of Lugansk Mayor Sergei Kravchenko. The meeting was scheduled in the conference hall of the “Initial-hotel” for 12 am. However, at 10 am, here are the supporters of Sergei Kravchenko so many, that the hall was completely full.
As a result, by 12 o’clock in the hall, which seats 200 people, about 500 people gathered. And the owner has asked to leave the premises of all. Head of the domestic policy of the City Council Oksana Tereshchenko, who was also present in the hall, told reporters that all those who came, as the inhabitants of Lugansk, were eligible to participate in this meeting.
Such a method of preventing conduct meetings in Lugansk applied for the first time, but at the turn of the 21st century, it was used several times in Severodonetsk. And also to disrupt the meetings, which were supposed to elect the initiative group on referendum on the resignation of the mayor.
However, this is the only recorded case of a direct obstruction of our meetings in the Luhansk region for the period of monitoring. However, the fact of violation of Article 21 of the UN Charter on the Rights of the political solution can be considered indirect Lisichansk City Council on March 15, 2011 № 155, which was approved by order of the mass meetings in the city. In particular, in accordance with this decision, a notice of their conduct had to be submitted within 10 days, and the General Division of the executive committee refused to accept a notification filed at a later date. Although the organizers of the denial notice to make them treated with irony, and planned action carried out. Problems in this regard, they did not arise. In August 2011 the decision № 155 Lisichansk executive committee was overturned on appeal Lisichansk prosecutors.
RIGHT TO LIFE: THE VIEW from Lugansk
Protecting the right to life under Article 2 of the Convention on the Protection of Human Rights and Fundamental Freedoms, implies first of all, the inadmissibility of the use of agents of the state (that is, persons acting on behalf of the state, performing the functions of power), lethal (deadly) violence. Except in exceptional cases where it is absolutely necessary and required by law. Such obligation of the state the right to life is called negative. This is what the state should not do. To perform the negative duties state should control those acting on his behalf, so that lethal violence was impossible, and there has been a consequence of sanctions against those responsible and fair compensation to the victim’s family.
I must admit that the situation with the implementation of a negative duty to protect the right to life in the Luhansk region in a decade has improved significantly. For example, we do not know the facts of the militia of firearms to defeat that would have occurred in 2012. And at the turn of the 20th and 21st centuries, this happened.
The situation is much worse than the performance of positive duties, which traditionally include the protection of human life, under the control of the state. For example, the military, detainees, prisoners, persons detained in institutions for compulsory treatment. The power limits the freedom of such persons do not allow him to independently realize the right to protection of their lives. An example of such a violation is death of jail 22-year-old Igor Kryazhev on December 19, 2011 in Lugansk. The meningitis was the cause of death, which was the complication of sinusitis, Igor has not received the treatment of which.
The prisoner asked the prison medical unit of Lugansk with complaints of headache, even the second of December, but the disease had not been established. On the same day during the trial the defendant complained of malaise and headache, but a judge refused advocate in the petition calling on the ambulance. A December 7 prison administration informed the lawyer that the prison doctor diagnosed chronic bronchitis patient in compensated form. A few days later the prisoner turned again to the infirmary complaining of severe headache, but he did not receive treatment. Two days later the patient lapsed into a coma and on the fourth day after he died. No doubt that, being at liberty, Igor Kryazhev most likely would have received timely medical care in the community and would have stayed alive. And because the Kryazhev’s family has every reason for the appeal to the Court with the complaint of a violation of Article 2 of the Convention, Ukraine, and with the requirement to seek compensation from the state.
Inadequate response on criminal activities in hazardous areas
Typically, monitoring of compliance with Article 2 of the Convention, which annually spends UGSPL, in part fulfillment of the State affirmative duties is limited to cases of deaths in captivity. An example is the report for 2011 (http://khpg.org.ua/index.php?id=1332312578). This interpretation of the Convention, it seems too narrow, does not comply with the European Court. In addition, in accordance with the second part of Article 27 of the Constitution the state must protect human life. The main instrument for such protection are the Department of Internal Affairs. In our opinion, the police improperly react to the situation in the areas of criminal and dangerous, causing a person becomes a victim of premeditated, that is no less important in the context of a violation of Article 2 of the Convention than death in custody. There are activities that are due to the specific risk to the lives of people involved in it in terms of criminal threats. To protect the right to live in such cases, internal affairs agencies develop special rules to protect staff and monitor their compliance.
One of these areas is “playing” business, which involved the people of deviant behavior, often experiencing serious financial problems, and try to solve them through a slot machine. Their reaction to loss is often violent, that may be dangerous to personnel. However, in Ukraine, this business is prohibited, and therefore security of people in it are not engaged in law enforcement. At the same time, this business is quite common, it can be for selfish reasons, law enforcement officers themselves. However, in Ukraine, this business is prohibited, and therefore security of people in it are not engaged in law enforcement. At the same time, this business is quite common, law enforcement officers are allowed to do its existence from selfish considerations.
January 3, 2012 in press-release of Public Relations management of Internal Affairs, it was reported: “In the city Sєvєrodonetsk, 30 December in the unoccupied kiosk the dead 54-year-old unemployed local residents with signs of strangulation was found out. As a result of operational-search activities previous convictions 40-year-old unemployed had been arrested. Pre-set that evening, he stated on December 30 in the crime scene during an argument because of the hostile personal relations strangled the victim.
In a statement of LOO CVU, which was published after the event, it was reported that a press-release has caused outrage Severodonetsk’s people who knew the deceased and the circumstances of the tragedy. In fact, the crime was committed in a kiosk, that was slot machines operating room, Irina F. deceased was his employee, and the killer – the customer. The police certainly knew about it, thus, Office deliberately spread misleading information about the incident. Probably because in Severodonetsk somewhat similar gaming establishments continued to operate after the incident, the location where the police should have known.
February 13, 2012 a similar crime was committed in Lisichansk: unlucky visitor to the hall of slot machines killed 32-year-old worker. In our opinion, the reason both of these deaths was that the State has failed in its positive obligation to protect the lives of people by controlling the activities associated with increased risk criminals.
Another area in which police ignored their duties resulting in death – traffic. For three months in 2012 in Lugansk region 65 cases of vehicles hitting pedestrians was totally in 16 cases, pedestrians were killed. The case, which occurred January 14 at 22.15 at the Theater Square of Lugansk was the most resonant, this evening, stupefied psychotropic substance, the driver, breaking through the fence, hit a group of young luganchan, resting near the city Christmas tree. As a result one person was killed and several injured.
“Our Newspaper” published “record” the offender six months before the tragedy. September 2, 2011 against him was drawn up for driving in the center of Lugansk drunk. Another report in connection with drinking while driving, it was made a citizen of November 3, 2011, the third – November 27, 2011.
At midnight on October 22, 2011 in Pervomaisk driver during an epileptic attack, ran for two pedestrians, one of whom died on the spot. Despite the fact that the driver has been registered as a patient with epilepsy, he received the documents to drive the car, issued on behalf of the State MREO.
We believe that in both these cases the State has met a positive duty to protect the lives of people, the cause of death of these people were police inaction.
Positive obligations of the State outside the criminal sphere
Not only a violation of negative and positive duties in the police and penitsiarnoy system, but in other cases where the inaction of the state leads to death of people recognized in the jurisprudence of the European Court of violation of article second of the Convention. For example, in the judgment “Onerildiz against Turkey”, (file number 48 939, judgment of 18.06.2002), government inaction in terms of not informing the occupants of the house, located near the landfill, about the danger posed by methane produced from waste, it was considered a violation. As a result of a methane explosion killed the family of the applicant. This year, in the Luhansk region of the most common type of violation of the right to life is the death of miners in the private mini-mines. We believe that the government mostly ignores the positive duty in relation to these victims.
February 2nd, 2012 at illegal mine in the village. Pavlovka Sverdlovsk region there was a fire. Under the ground at this time there were four of the miners. One of the miners managed to escape to the surface itself, three were cut off by fire, because mine isn’t equipped with emergency exit. State Rescue extinguished the fire, only 4 February, the same day mine had been examined and the body of one of the dead workers was brought to the surface. Despite the fact that the two miners remained underground, and perhaps were still alive (for example, they could escape from a fire in the auxiliary formulation), the State Rescue Service has stopped the search and rescue operations. Within a few days, the relatives of the remaining underground miners sought the resumption of the rescue operation, it was not until February 9. On the same day were found and raised to the surface of the bodies of two miners. There were no burns, people choked with combustion products, it is obvious that they had while working there was no individual means of salvation.
According to statistics, in the coal mines of Ukraine for 9 months of 2011 with an increase in production by 7% the number of deaths has increased almost two times – at the expense of a significant number of tragic cases in non-state small mines. Group accident occurred in the PAO GZ “Luganskoye” (when unloading coal) and PE “Rudnik” (3 miners were blocked by water in the mines, and remained under the ground). The main reason for the high fatal injury to private small mines – the lack of adequate monitoring of compliance with the security of the state. In Lugansk region of 104 small mines in the service of a rescue are only 62 remaining miners have no one to count on in case of emergency.
In the region this activity are tryied to ban instead of monitoring the safety of “Copanca” labor. But the “ban” here has the same effect as in the games business: the work of small private mines have successfully carried out illegally, if their owners share profits with the “right” officials or police officers. The union “Labor movement” Solidarity “appealed to the prosecutor in the summer of 2011 for the work of an illegal mine in the village. Pavlovka, where the tragedy occurred, and was told that it does not exist. According to the leader of this union Konstantin Ilchenko, the number of miners who die in the “Copanca” significantly more than the number that gets into the reports and becomes known to the public. In an interview with ARN Konstantin Ilchenko said: “When in the pit of a coal mine collapses the roof, people who are there, often die, but information about it does not apply, because there is no external signs of the accident. In such cases, the mini-mine ground to sleep and those who were in it, stay there forever. Nobody makes claims, criminal cases are not excited, families of the victims remain silent, because workers in these “Copanca” working illegally. enterprising owner with the full support of the authorities, prosecutors, police looking for a place to new “Copanca” and is engaged in recruiting new workers.”
The third aspect of the right to life – Procedure. In the case where lethal violence, or other action resulting in the death of a person is committed by a person not acting on behalf of the State, the state must be at least:
– provide by law the responsibility for the murder;
– conduct a thorough and independent investigation of other authorities.
Inevitability, or at least a high probability of disclosure of the murder, is an effective means of protecting this right. During 2011 in the Luhansk region of the crimes were killed 397 people. The number of murders and attempted murders (197 cases) compared with the previous year increased by 23.1%. In our opinion, the actual disclosure of such crimes does not correspond to the official statistics of solved criminal cases. According to practicing lawyers, from 30 to 70% of people convicted of murder, in fact, they did not commit. Relatives of the victims have particularly high risk of being unjustly convicted of a crime (especially – previously investigated for criminal liability), if they happened to be at the crime scene before the arrival of police. Or a person unable to ensure their protection. An example of such a “disclosure” could be the story of the fraud investigation into the murder of Slavyansk’s journalist Alexandrov. This story ended March 26, 2012 judgment of the Court of Appeal of Lugansk region, sentenced to prison terms of four former police officers.
A resonant murder of the director and founder of “Broadcasting CTC” 55-year-old Sergei Loboda, which occurred November 21, 2011, seems to remain unsolved. In our opinion, underwritten fact indicates failure of the inquiry procedure of deaths that could potentially be the result of intentional actions of others. March 17, 2012 Head of Public Relations Ministry of Internal Affairs of the Lugansk region Pogukay Tatiana said that the police will not investigate a regular case of suicide in the Severodonetsk. As the investigation could be conducted only in the case of a criminal case, but in this case there is no sign of a criminal offense. At the same time representative of the police claimed that the number of suicides in Severodonetsk not significantly different from that in other cities of the region, for example, in the nearby Lisichansk. Unlikely to agree with this interpretation of the public, because people ended up life in Severodonetsk by untypical of suicide method – they falls from the upper floors of apartment buildings. And it happened as if by waves, several similar cases in a limited period of time.
The first such death occurred November 14, 2011, when 34-year-old man jumped from the roof of the house and crashed. November 20th 17-year-old boy fell from the ninth floor, the same day, 25-year-old girl fell from the seventh floor to the cornice of the second floor. She, fortunately, survived. November 24th 23-year-old man fell from the eighth floor and died. November 27th 20-year-old girl jumped from the second floor, and the 28th man jumped from the fifth floor. The last two cases were not fatal. Total for two weeks of November six similar cases, were attempts to commit suicide in a way that earlier in Severodonetsk was not so regular.
The second wave of similar suicides was observed after the New Year, it had begun January 10, 2012 :22-year-old man jumped from the 9th floor. January 29 pensioner died after falling from 4th floor. February 2nd 30-year-old man jumped from the 7th floor, and 10 Feb. 30-year-old woman jumped from the 6th floor of the same house. February 14 a woman fell to the ground from the 6th floor and broke. Finally, on 17 March 31-year-old man jumped from the 9th floor. All cases of falls in 2012 were fatal.
Police actions limited by the fact that they have established the fact that people are not dropped from a height of others, and they went to the last flight on their own. Thus, the fact that there was a suicide. The police did not asked herself questions, not whether the cause was the consistency of the mass suicide of the use of specific psychotropic substances, were not associated with a lost a total group, and so forth. And none other than the police by law can not conduct such an investigation.
According to the explanation of local psychologists in Severodonetsk occurred copying behavior. It was easy and not troublesome version, which it is granted the local authority. However, the question arises – why is this behavior was not copied to the nearest Lisichansk where all suicides in 2012 occurred in the traditional way – by hanging. And in the city cases are localized in one district and not “copied” to another. However, local opposition has made creation of the commission, which for two months will have to examine the situation and report back. However, the leitmotif of future conclusions the opposition it is easy to predict: in Severodonetsk people rush from the heights, because the power does not solve their problems. You would not think that the government solves the problems of people in any other city in the region.
We believe that the state had an obligation to conduct a thorough investigation “Severodonetsk phenomenon” in response to the positive obligation to protecting of the right to life and according its results to take action to protect the right to life.
Individual and social rights
Cruel or degrading human dignity
The concepts of “respect for the individual” and “personal integrity” are still empty sounds for the power structures of Lugansk region. And, if earlier fists itch only from policemen, but now this SBU is also guilty of.
In the Leninsky District Court of Lugansk Judge Surnina hears case on appeal against the decision not to institute criminal proceedings against the authorized officer of the 4th Sector, Ch. Department of counterintelligence protection of the economy in the Luhansk region Manych P. and O. Polupanenko. Head of Media Law Union Lugansk Igor Chudovskiy.soobschil lawyer about this. According to him, September 27th at 8:30 in the town of Alchevsk, Lenin Street, near the house of 29 members of the Security Service was illegally detained by the system administrator of the local Internet Service Provider PE “Vlasenko,” Sergei Zagidulin. Zagidulin were handcuffed, and he was beaten.
“In our opinion, the SBU staff performed an order of competitors ISP. No other reason to detain and beat the system administrator had no”, – said the lawyer. According to him, the prosecutor of Luhansk region with respect to two employees of the SBU opened a criminal case under articles 354 and 424 of the Criminal Code, but then it was closed by the decision of a superior prosecutor. Media-Law Union, when appealed to the victim, has filed an application to the court to overturn the ruling. At this point, both the employee continues to work in the SBU Office. In Lugansk SBU management declined to comment on this event.
In the center of Svatovo, at the store, armed law enforcement officers staged a demonstration in front of the flogging bystanders. Resident Svatovo Sergei Novikov in the evening went to the grocery store. He says there was a lot of people. Suddenly, armed police burst. Without any explanation, they pounced on the man and started beating him. Then pulled into the yard and thrown into a puddle. “They broke into the store with guns, placed a gun to his head, began to strike directly at the store, pulled out into the street, the street was beaten, then thrown into the water. They told to keep your feet in the water dropped. They did not show any documents – who they are, what they – I do not know, “- said the victim.
Subsequently it was found that the police made a mistake and grabbed the wrong person. The victim was hospitalized, but an apology from militsonerov not heard.
On Friday in Stakhanov two members of the party “Front zmіn” who pasted information materials on holding all-Ukrainian action “Ukraine against Yanukovych” were detained and then released. As reported in Saturday’s press-service of the party, acting head of the city organization Stakhanov Eugene Shlyakhtin and his party fellow Maxim Sukhoy placed leaflets were in specially equipped places at night. Near 22 o’clock a man, dressed in civilian clothes, approached him, he showed witness criminal investigator in the name of Dmitrii Viktorovich Golubtsov and said that these leaflets in the area to hang prohibited. He said that representatives of the “Front zmіn” will have to to travel to police station. The car with tinted windows pulled up, put it in the Eugene and Maxim, and was taken to the office. After three hours of “awareness” conversations and threats that they will be engaged in the SBU, members of the “Front zmіn” was released. After three hours of “awareness” conversations and threats that they will be engaged in the SBU, members of the “Front zmіn” was released. Before this report was drawn up on violation of Article 152 of the Administrative Code, – the press service of the party. Party members have also seized about 150 copies of informational materials.
The degree of manipulation by the authorities that the most important right in a democratic society remains extremely high. In Ukraine, the routine is a violation of the state as negative duties (government officials often do not understand the content of the concept of “private property” and take arbitrary with respect to its decision), and positive duties (state institutions often ignore the violation of property rights by third persons). The massive character of violation of property rights are in such areas: The degree of manipulation by the authorities that the most important right in a democratic society remains extremely high. In Ukraine, the routine is a violation of the state as negative duties (government officials often do not understand the content of the concept of “private property” and take arbitrary with respect to its decision), and positive duties (state institutions often ignore the violation of property rights by third persons). The massive character of violation of property rights are in such areas:
– Recognition of property rights and the right to freely dispose of land for agricultural purposes;
– Registration and protection of ownership of household plots;
– Absence of adequate state action in cases of fraud, including the direct participation of state agents, whose victims are usually the least protected people.
Some examples of violations of property rights. In March 2009, retired President and Vera Isayev were victims of one of these “mistakes” of the notary. People just lost their apartment: notary Alexandra Konushenko stamped power of attorney on two premises, not sure of the authenticity of documents on which the warrant has been issued. It “legalized” illegal alienation of apartments for disabled third group of Viktor Isaev. Thus, according to attorney of Isayev Sergei Badyul sells apartment Sergei Maruginu, who brokered by another private notary, a few days later resells it to another man – Stanislav Goryushko. Govorushko in the short term as well resells flat Alexandra Sergienko. According to Vera Isayeva, these operations were carried out in violation of the law. Especially since the latter resale has held during the investigative test, which is prohibited. According to Vera Isayeva Marugin was accompanied by police officers of the Cherny and Kormushkin came to their neighbors and demanded the key from the overall tambour door. He demonstrated documents notarized, and the neighbors were forced to to obey. After receiving the key to the door of the total, the “new owner” knocked the door of the Isaev apartment and possessed. The police, of course, claim that they didn’t help Marugin to break the door. To prove their involvement in hacking is difficult. Therefore, we note that they just stood by and watched. It’s an interesting spectacle – to see how breaking the apartment door!
Also in the verification process serious violations of the discipline requirements by the police and the Cherny and Kormushkin have been identified, their actions contributed to the “owner” Maruginu in getting the keys to the apartment entrance door. As stated in an official document, which is available from Isaev, “for violations by police officers will be disciplined”. It later emerged that the above police officers were not unkindly disciplinary sanction for breaking and entering the apartment without a court order. One was transferred to the patrol service, the other continues to “serve” the state in the same district department. Even the prosecutors did not want to open a criminal case against private notary. This is despite the fact that how a notary Konushenko assured frankly criminal transaction of sale, various media have written since 2002. However, the police pretend to not know about her involvement in such deals, which are connected with the theft of apartments for singles and senior citizens. Currently, Isaevs civil suits to the notary Konushenko and “legitimate” owners of the apartment are considered in several district court of Luhansk and another – in the European Court. The next meeting is scheduled for December 2 (Artyomovsk district court) and on December 10 (Leninsky district court).
In Lisichansk criminal gang, that ties with corrupt, captured apartments of seven citizens. The press office of the prosecutor’s office in the Luhansk region redports about it. Thus, the prosecution of Lisichansk sent to the court the criminal case, which was opened under Part 2 of the Criminal Code of Ukraine on st.190 against to gang ties to corruption, which has captured seven apartments of citizens, causing damage amounting to more than 500 thousand UAH. Employee of Department of Criminal Investigation Department of the Interior Lisichansk Gorotdel was a member of this group.
According to the press service of Lugansk Regional Committee of the Communist Party, Seleznevskaya village council, in whose territory the village Utkin, decided to divide the land into 52 allotments. The decision was taken, but in fact only 10 sites were able to privatize, the remaining 42 are not allowed to privatize. It seemed that the argument was compelling given: the ancient burial kurgans are located in this territory, which have historical value. At the same time, farmers were working there, but did not pay the rent to people who received land in the property in accordance with the decision of the soviet, but they do not have the state act. The very profitable situation for the entrepreneur has turned”- shared communist. Belyavskaya, the problem has been existed since 2003.
According to the press service of the Luhansk regional organization of the Party “Motherland” in Lugansk shareholders claim that their allotments were stolen and sold to hypermarket “Metro”.
This was told 24 shareholder of fruit nursery “Lugansk”. They sent an open letter in which he requires to bring order to the accounting of land and to prosecute persons who were involved in the buyout illegal sale of agricultural land in private ownership. The signatories argue that their company located in the Agricultural University district, have been worked in Lugansk since 1928. All this time the workers here were grown seedlings of fruit and ornamental crops, berry plants. During the division of land on the shares they received them, and then handed over to join the newly formed agricultural enterprise, the leaders of enterprise were Malyukov B., D. Baskevich, V. Storozhko. However, managers have disposed of them at its discretion and hypermarket “Metro”.appeared on agricultural lands. Shareholders have created an action team, headed by Valery Galagan. However, all calls to law enforcement agencies, prosecutors did not give any results. The shareholders claim that their allotments were actually stolen and sold to the company “Metro”. The shareholders appealed to the SBU with the requirement to intervene and restore order. But instead, the leader of initiative group was detained, and only after the intervention of shareholders Galagan was released under bail by the court. Villagers demand return of their land shares and attract these farm managers to criminal liability. If the demands of shareholders and this time will not be heard, they are ready to organize the protest.
In the area of Svatovskom long dead people “use” their hereditary right to the property of the collective agricultural enterprise and gave it (the property) a single buyer. It is reported by the head of the Svatovo regional party organization “Motherland” Vladimir Prosin. According to him, the farmer Valery Streltsov turned to party organization, a few years, he fights for justice with all law enforcement agencies. “When we started to divide the property of former collective agricultural enterprise named 17 Party Congress, which located in the Svatovo’s area, out of nowhere “dead souls ” appeared, which immediately began to put their signatures and pass on their inheritance to relatives, and those sale on the cheap in the wrong hands. In such situation, even ordinary citizens can perceive the fact of corruption and fraud on the part of government, which promotes the design of documents for a long time dead peoples. First we contacted the Svatovo’s district prosecutor’s office, then to the General. The matter died down, we did a formal response from the prosecutors have stopped receive. “A criminal case has not yet been instituted” – said the farmer Valery Streltsov. Valery Streltsov also noted that in reality only 16 people claim to property of the KSP. “For example, the hangar for combines repairs, which is really worth more than 400 thousand UAH, was sold into the wrong hands 15 times cheaper, about six thousand. There are many such facts” – said the farmer.
Recently, our readers, which are the lessors of land shares asked to the editorial board. The geography of their stay fairly wide. The peasants have questions about charging fees for use of their plots of land. Some residents of Lower Duvanka, Mankovka, Honcharivka believe that they are not completely settled account or they have more tax. To call their names readers refused, because they are afraid. About them and so they say, landlords any questions perceived as a challenge, sharp criticism. “With radio and television messages mean that we, the peasants are rich, because we own the land, and we really like fortress, and we can not say words in his defense.” Price of allotment in Rayhorodka is 1.8 times higher than in Honcharivka. As an example, called the two communities – in Goncharivka and in Rayhorodka. In Goncharivka terytroialniy community size plot of land is 4.61 hectares, and its value – 49.821.44 UAH. Therefore, when rent 3% in share price, that calculating in the Honcharivka, is 1.494.64 UAH, including 224.20 income tax, that is withheld from farmers and transferred to the local budget. So actually “hands on” residents of Honcharivka should get a 1.270, 44 UAH.
And in Rayhorodka size plot of land – 8.16 hectares and therefore the cost of peasant holding – 88.729. 7 UAH. Hence the price of 3% of the rent of 1.8 times higher than in Honcharivka –
2.661.89 UAH. So after getting the income tax in the amount of 399.28 UAH. residents of Rayhorodka have to get “hands on” 2.262.61 UAH.
Today, 9,258 thousand had been paid from the accrued rent 22,744 thousand, or 41%. Of this amount, the money, which was paid to investor, is 4 million 473 thousand. Incidentally, in recent years, farmers increasingly take the rent is money. The reason is that many villagers already old, so pankaty household is not in force. Incidentally, in recent years, farmers are increasingly taking the rent money. The reason is that many villagers have aged and grown as pets and garden are not valid. Or elderly parents are taken by children in the district center and other cities. For example, the agricultural enterprises “Nibulon” almost completely paied of money. SFG “Agro”, department “March 8”, SFG “Chestnut” FG “Sower” FG Sobolev, “Khortytsya” and others mostly paied of too. For a full payement with the investor the picture is stripped in the area. So, “NIBULON” (M. Beskorovainyi) has paid off with its landlords to 100%, “Khortytsya” (V. Lyaskevych) and “Ahrodar” (S. Yurchenko) almost 90%, but “Loture-Agro” does not begin to pay people.
Residents of the village. Mostky – investor FG “Svitanok” are also addressed to the editor. There are some mismatch between the founders. After the death of the owner of farm V. Litvin relatives through the courts clarify their property rights. Farmers worry if this does not affect the amount of the rental. VP Suprun believes that the reason the peasants worry not, because whoever was at the helm, he understands that should to act dishonorably with people, as there will be a backlash and people take away allotments. And without land agricultural enterprise will not develop.
Svatovskie Vedomosty, № 40 (309) October 5, 2011
A special area of massive violations of the right to freely dispose of property is coercion to obtain utility services The existing regulatory framework and judicial practice in Ukraine are such that people are not only deprived of their right to choose the provider of such services, but they do not even have the right to refuse such services if the price or quality they are not satisfied. As proof of this situation, we present the decision of appellate court of Luhansk region, which, in our opinion, grossly violated first article Protocol to the Convention on Human Rights and Fundamental Freedoms.
Court of Appeal decision of Luhansk region on February 9, 2012.
Decision of Pervomaisk municipal court of Luhansk region on 08.12.2011 was denied claims “Pervomyskteplokomunehergo” to Person 1 on the recogniting of agreement actual and the collecting the debt in the amount of 2,869.76 UAH for services of heating her apartment Address 1.
The appeal asks the plaintiff to cancel the decision and adopt a new solution that will satisfy the claim in full, citing a violation of a court of substantive and procedural law. The defendant (person1) lives in a privatized apartment (adress 1). The plaintiff on the basis of the decision the Executive Committee of the Pervomaisk City Council (№ 261 of 21.06.2005) is the executor of the housing and communal services of central heating supply house. “Pervomyskteplokomunenergo” appealed to the court to grant a writ on collection the debt from the defendant for services rendered on heating (04.07.2011). Pervomaisk Court issued an order that at the request of the Person 1 (7/25/2011) was repealed, so that the plaintiff brought this action and asks the Person 1 to recover from debt in the amount of 2869.76 UAH for the period from October to December 2010 and from 04 January to April 2011, and to recognize the transaction in October 2010 to April 2011 is valid. Denying the claims, the trial court proceeded from the fact that between the “Pervomyskteplokomunehergo” and a Person 1 has not a contract for the provision of services for district heating in the apartment the defendant heaters are disconnected from the central heating system, and therefore the special one has not received services from the plaintiff’s. Turn off the heating in the apartment of the defendant carried out without permission, “Pervomyskteplokomunenergo,” which recorded the act on the housing office number 2 20.10.2010. These circumstances the parties do not dispute.
With these findings of the trial court panel of judges could not agree on the following grounds:
According to article 20 of the Law of Ukraine “On the housing and communal services” (the Law) the consumer must sign a contract for the provision of municipal services, prepared by the Executive on the basis of the model contract.
According to Article 21 paragraph 3 of Part 2 of this Law the Executive shall prepare and sign a contract with the consumer for the provision of municipal services to the definition of responsibility for compliance with the conditions of its execution pursuant to the Model Contract.
According to the content of these provisions of the consumer may withdraw from the contract for the provision of utility services only in case of failure to use such services.
From the case that the plaintiff offered a contract Person 1, but he refused it, as evidenced by the Act of 09.10.2010. As between the parties was not concluded an agreement with 09/10/2010 but “Pervomyskteplokomunenergo” provided their services for district heating, there is reason to believe that the parties formed a contractual relationship.
According p.p.24, 25 of the Rules of providing public services for water supply, heat supply and drainage system, approved by the Cabinet of Ministers № 630 from 21.07.2005roku, the consumer can opt out of receiving services on centralized heating and hot water supply. Disable the user from the network of central heating and hot water supply is carried out in order to be approved by the central executive power on issues of housing and communal services. Unauthorized disconnection from the network is prohibited.
Defendant Person 1 an arbitrarily disconnected from the network of central heating and hot water and not removed from the register, it is recognized by the parties in the case. The Court of Appeal considers that the only grounds for removal from the consumer’s account and termination of the charges is the act of turning off, that was approved by the appropriate committee, but the court is not given such an act, so the disconnection was carried out without complying with the procedure and is unauthorized, accordingly, the plaintiff did not may terminate the accrual of service for district heating, and the defendant shall be liable to the service provider, the claim of “Pervomyskteplokomunenergo” is justified. The Court of First Instance in a case made findings irrelevant circumstances of the case, violated the law, that is the reason for the cancellation of the decision of the court in accordance with the requirements of Art .. 309 Code of Civil Procedure of Ukraine.
Based on the above, guided st.307, st.309, 314, st.316 CCP of Ukraine, the board – has decided:
Appeal “Pervomyskteplokomunenergo” meet, the decision of Pervomaisk municipal court of Luhansk region from 08/12/2011 to cancel, a new decision, which to recover from the person 1 in favor of the ” Pervomyskteplokomunenergo” debt for heating services in the amount of 2869.76 UAH, costs 30 grn, and the court fee to the state amounting to 214.60 UAH, recognizing the transaction in October 2010 to April 2011 is valid.
In our opinion, it is violation of the right to freely dispose of property in the area of obtaining utility services (the most massive violations), currently the most perspective for actualization of the problems in society to protect the right of ownership. Court decisions like the above, can be massive. And just as the mass can be appeals to appeal such decisions and the subsequent appeal to the European Court of Human Rights. If the state is so brutal does not respect property rights of its citizens, it would be fair to the state for such a disregard for the rights of at least paid.
rights of entrepreneurs
The inclusion of this type of rights in human rights monitoring is controversial enough, but it is in this area in recent years, there are the loudest conflicts. In this case, we consider the rights of entrepreneurs as a special form of ownership, the specifics of which are less rigid binding of to a natural person and a great lability.
Negative and positive obligations of the state in compliance with such rights, in our opinion, are:
– Stability in the regulatory environment and compliance with the rules set forth by the state of relations with business entities ;
– Equal treatment in the agents of the state to various entrepreneurs;
– In the functioning of an effective and fair arbitration, resolving disputes between the entrepreneurs.
The following facts show that in the Luhansk region, these obligations are not fulfilled.
There are a unpleasant situation in the Troitsk and Belokurakinsk districts. Hundreds of residents in the last four months can not receive money for surrendered to the dairy milk. People are threatening to cut off their cows in the villages, said the head of the public reception of the party “IN” Motherland “in Troitsk Natalia Lozova. Milk is the only source of income for these families. People pass the milk to 3 grn per liter. Payable one month before each villager is on average 1 to 3 thousand grn. In the villages for a long time there is no way to get a job, the villagers survive by subsistence farming. Cows are the food to the table, and money from the sale of milk. Residents come to us in the waiting room with tears in his eyes and asking for help. They were not paid for surrendered milk for fourth month. The last full payment was in August last year. People on the brink of disaster – told Lozova.
According to Victor Kulagin, a resident of the village Privolie of Luhansk region, the owner of Troitsk Dairy “barricaded himself in his own company” and to repay the debt for the milk to the inhabitants surrendered a few Lugansk areas is not going to.
He said the local prosecutor’s office “could not find in this issue of crime.”
“Villagers appealed to the district prosecutor’s office demanding to understand the debt to the people surrendered to the milk. After lengthy testing, we were told that no criminal proceedings will not initiate due to the lack of evidence” – said Privolie villager Victor Kulagin.
http://lg.vgorode.ua/news/93330/ , 10.01.2012
On October 23 the desperate entrepreneurs, which engaged in trading activities in the Starobelsk market, conduct open-ended rally. It is reported by the chairman of the human rights of organization “Victoria” Vera Flyat.
Violation of their rights and the arbitrariness of market leadership, the indifference of local authorities and local authorities forced them to hold the protest.
During the first nine months entrepreneurs seeking from guidance of the market to provide them pricing component, negotiate the subject, price and term of the lease on the retail site, which should be on a voluntary basis. But the management of market forces employers to sign a contract without a protocol of disagreement, there is violation of Art. 180 of the Commercial Code of Ukraine, while management is forcing them to pay for the use of commercial modules that belong to the employers on the rights of private property as a rental property that belongs to the market.
Management of the market forces entrepreneurs, in addition to payment under the lease, an additional daily fee for the use of retail space. The result is that employers pay for set up their own retail space twice. Employers have repeatedly appealed to Starobelsk RGA, Starobelsk city council, Luhansk Regional State Administration, to the leadership of company “The market t.Starobelsk” Lugansk RUC, Starobelsk district prosecutor’s office for violations of state legislation of Ukraine in the sphere of relations between the leadership of the market and entrepreneurs at the conclusion of lease agreements for retail space and violation charges rent for retail space.
Entrepreneurs drew attention of local authorities to the absence of appropriate market conditions, violations of fire, hygiene, sanitation and epidemiological rules and regulations that threaten the life of visitors to the market, as well as the lives of entrepreneurs and their property.
October 20, 2011 in the MP “Svatovsky city market” a meeting of businessmen was organized by the administration of the market represented by the Director Rybalkin ON, where he announced the impending price increase for the lease of retail locations by 30%. In this regard, we express our strong protest against such methods of arm-twisting to entrepreneurs.
We remind CMU on March 5, 2009 № 278.
“On measures to stabilize prices for services and lease of commercial premises (areas) in the trading facilities for the sale of food and nonfood products in an economic crisis”:
In order to stabilize prices in the consumer market and to strengthen the fight against manifestations of monopoly in terms of financial and economic crisis, and in accordance with Articles 4 and 8 of the Law of Ukraine “On Prices and Pricing” The Cabinet of Ministers of Ukraine resolves:
“Limit the size of fees for services provided in shopping centers, markets for the sale of food and nonfood products, price limits, standards of profitability (in an amount not exceeding 20 per cent) for the lease of retail space (space), trade, technological and / or refrigeration equipment in shopping centers, markets for the sale of food and nonfood products, “…
… Council of Ministers of the Autonomous Republic of Crimea, Kyiv and Sevastopol city state administrations:
– Take steps to prevent a rise in prices for services and lease of commercial premises (areas) in shopping centers, markets for the sale of food and nonfood products;
– Enter up to overcome the financial crisis in the manner prescribed by law, regulation of prices for services and lease of commercial premises (areas) in shopping centers, markets for the sale of food and nonfood products … “.
In the new wave of economic crisis we are unable to pay the ever increasing needs of MPs’ Svatovsky urban market. “
We appeal to the head of Svatovo district administration V.V.Mormul, led Svatovo City Council E.V.Rybalko to intervene in the illegal actions of the administration of MP “Svatovo urban market.”
Entrepreneurs Svatovskogo market: 155 signatures.
Svatovskiye vedomosty, № 43 (312) 19 october 2011
November 4 Kirovsk local entrepreneurs gathered for a meeting at City Hall. The demonstrators demanded the cancellation of contracts for the improvement of the facades of houses by employers and administrative penalties for their failure. As well as the permanent cessation of unscheduled inspections.
As previously Lugansk. Medіa Style reported, local entrepreneurs have argued that the mayor of Kirovsk Vladimir Patyuta pressure forced them to sign treaties on the improvement of the city, which obliged them to renovate facades of three-storey houses.
When businesses realized that they could not fulfill their obligations, they are required to terminate the contract. However, instead of their businesses were became hard to check the various control agencies.
Entrepreneur Lubov Charuta says that the proceedings with the overseers and the debate with the mayor of her husband’s lives were worth. “I have my own small business – laundry. My clients are old women and single pensioners. My income is not great. Debate with the mayor knocked down the psychological state of my and my husband, which was a cancer patient. Yesterday, I buried him. Today, I am forced to come to the action to defend their legitimate job”- she says.
The owner of the store Kirov “1000 little things” Peter Tkachenko said that in this way the authorities want to drive business back to the markets. “We started work on the market and gradually, as a result of many years’ labor, opened shop. We have all the commissions and coordination. We have created for themselves a workplace, the state is unable to provide us with work. We faithfully pay all taxes and pension charges.
And now the authorities want to deprive us of the opportunity to undertake the work, support themselves. Again, go to the market, we are not physically able to. Stand outside in all weathers for people our age can not afford, “- says Petr Tkachenko.
A resident of Kirovsk Sergei Turovsky says that the authorities deliberately did not allow him to open a business, “artificially braking” permits.
“I bought an apartment at number six on the street Kartashov, with the intention to open a shop,” Manufactured goods “. This apartment is not removed from the housing stock, because all the paper work artificially was braked by the staff of executive committee. The authorities require me to conduct measures to repair the facade of the house, the blind area, and sanitation. Funds to meet all these requirements I have not, since I do not have the opportunity to earn money, create their own job “, – says Sergey Turovsky.
Svetlana Prokopenko wonders why entrepreneurs need to repair the house, because the tenants do pay rent. “Residents of each of the homes entered in the” List of measures on improvement of the streets Kartashov, “do pay rent. If ZhEKi do nothing, then where did the money go?” – Asks the participantof shares.
At the January session of the Stakhanov City Council deputies recognized for “Stakhanov wagonbuilding plant” the right of permanent use of land area of 20.8360 hectares of land within the practice. A few days later a decision of the session the mayor vetoed. And in the next session the deputies did not support the plant’s workers in this matter, which in turn delays the timing of reconstruction of industry giant … His views on the situation in a conversation with a reporter, “Interlocutor” Chairman of the Board Vitaly Casinov stated:
– Back in December last year, Mayor Yuri Borisov, at personal meeting with me take all the necessary documents and promised not to delay the decision on the site at 31.98 hectares, quickly turning this matter on the agenda of the January session. And the deputies, apparently realizing the importance of developing local industry, almost unanimously voted “yes”. However, just three days for some reason mayor vetoed this decision, and at the February session, he took every measure to make it his veto was overridden by three-fourths of the votes. What moved Yuri Valerievich in its aspirations, is difficult to say, but to explain – it is impossible. Whether the heavy burden of the city and heredity have made themselves felt, whether the person standing over him …
In Bryanka (Luhansk region) officer of the city council for the use of land requires a cash award of 100 thousand grn or put new asphalt in the center of town, otherwise there will be problems with the inspecting organizations. It is reported by the village council member of South Lomovatka from the “Motherland” Mikhail Lobanov. According to him, First Deputy Bryanka Mayor Sergei Artemenko required 100 UAH. For “positive” resolution of issues with the lease of land for construction of the market. Officer of Municipality also suggested an alternative – to put new asphalt on several streets. If I do not agree to its terms, then I have to pay each year about 700 thousand grn for the land on which I was able to carry out the construction of market units “, – says Mikhail Lobanov.
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