Public statement to embassiesДата публікації: Березень 7, 2014
The Parliamentary Assembly of the Council of Europe
The Administration of the President of Ukraine
Dear ladies and gentlemen,
Guided by the provisions of the Declaration “On the State Sovereignty of Ukraine” adopted on July 16, 1990, by the Verkhovna Rada of the Ukrainian Soviet Socialist Republic, Ukraine acceded to the Council of Europe on November 9, 1995. Upon accession, Ukraine committed itself to comply with its obligations under the Statute of the Council of Europe: pluralist democracy, rule of law, and protection of human rights and fundamental freedoms of all persons subject to its jurisdiction. On July 15, 1997, Ukraine ratified the European Charter of Local Self-Government, thus creating prerequisites for introducing the European principles of organization of public authorities into the state’s system of government. On July 6, 1999, the unitary Republic of Ukraine ratified the Aarhus Convention, undertaking to guarantee the rights of the public to conduct the affairs of the state. We particularly emphasize the proclaimed commitment of the unitary Republic of Ukraine to protect citizens’ rights and fundamental freedoms.
Unfortunately after his election as President of Ukraine Viktor Yanukovych and after the election of a new government and the re- direction of the Parliament from the opposition in February 2014roku their commitment to the unitary Republic of Ukraine not, in flagrant violation of international obligations and the rights of its citizens – Ukrainian nation. This fact is as old as the team’s leading states Ukraine and new leaders and members of the new cabinet is not exposed and not exposed with and not disclosed to the general public known deep and continuing violation of the laws of Ukraine, which led to public opposition to the war and now. Without following the publication of facts Ukraine cannot move into structural consolidation process, organize and unite the nation. However, understanding the responsibility for disclosure of the facts and their implications for society and to inform the public on the ground (for 45 local communities of small administrative – territorial units) by implementing our program out of the crisis, establishing legal life in compliance with Ukrainian legislation. We, the public figures who have not given word in the center square of the capital, and not published our proposals and appeals in the media, have a plan to preserve the territorial integrity of Ukraine and are ready to give it to all parties to the conflict. We coordinate the process of self-organization of population of Ukraine in local communities as primary subjects of local government, what is the obstacle facts listed below, which are the root cause – scale military conflict.
A study of archival documents has revealed irrefutable evidence of the illegitimacy of the current government and its bodies, which is proved by the following facts:
- President V.F. Yanukovych is an illegitimate official, since he was elected pursuant to the Law of Ukraine “On the Election of the President of Ukraine” which had been adopted by an unconstitutional composition of the Verkhovna Rada of Ukraine – and this violates Article 71 and Part 1 of Article 76 of the Constitution of Ukraine.
- 2. The illegitimacy of President V.F. Yanukovych is also confirmed by the fact that the decision on his election was announced by a self-proclaimed government agency called “The Central Election Commission” (CEC).
- 3. The illegitimacy of the CEC is confirmed by the lack between December 5, 1991, and January 13, 2014, of any administrative act by the President of Ukraine specified by the provisions of paragraph 2 Section 3, Article 81 of the Civil Code of Ukraine on the creation of a legal entity named “the Central Election Commission.”
The Verkhovna Rada of Ukraine is illegitimate on the following grounds:
- The Verkhovna Rada of Ukraine was elected pursuant to an unconstitutional election law – on the basis of a mixed system which violates Article 71 and Part 1 of Article 76 of the Constitution of Ukraine – and so it still does not have a constitutional composition.
- During the whole period after August 23, 1991, the Verkhovna Rada of Ukraine has not had any written proof of its creation which is required by the provisions of Articles 80, 81, 87, 90 of the Civil Code of Ukraine.
- There is no written proof of the calling and conduct, in the territory of the UkrSSR, between August 23, 1991, and December 5, 1991, of the first election of Ukraine’s own People’s Deputies.
- The illegitimacy of the Verkhovna Rada of Ukraine is completely proved by the Decision of the Constitutional Court of Ukraine from September 30, 2010, which, based on the provisions of Article 37 of the Constitution of Ukraine, cancelled the political reform and hence the very existence of illegitimate People’s Deputies of Ukraine representing political parties, inasmuch as the provisions of Article 71, Article 76, Part 1 of Article 103, and Part 1 of Article 141 of the Constitution of Ukraine specify that all types of elections in Ukraine are equal and must be conducted on a majority of votes basis.
The Central Election Commission is an illegitimate self-created organization,
which is confirmed by the following facts:
- Lack between December 5, 1991, and January 13, 2014, of any administrative act by the President of Ukraine on the creation of a public-law legal entity named “the Central Election Commission” as required by the provisions of paragraph 2, section 3, Article 81 of the Civil Code of Ukraine.
- The Central Election Commission has never been created in the manner set out by paragraph 3, section 2, Article 81 “Types of Legal Entities” of the Civil Code of Ukraine, with the status specified by paragraph 3, Article 1 “Status of the Central Election Commission” of the Law of Ukraine “On the Central Election Commission.”
10. Pursuant to Article 106 of the Constitution of Ukraine, the President of Ukraine is empowered neither to appoint the administrative bodies of the “Central Election Commission” nor to nominate candidates for such positions.
11. Pursuant to Article 85 of the Constitution of Ukraine, the Verkhovna Rada of Ukraine is not empowered, in the absence of proof of the creation of the Central Election Commission of Ukraine, to appoint and approve its administrative bodies.
12. The office of the Prosecutor General of Ukraine is a self-created unconstitutional organization, since it is not provided for by Section VII “Office of the Prosecutor General” of the Constitution of Ukraine.
13. The Supreme Court of Ukraine is ILLEGITIMATE, inasmuch as, pursuant to Section XV “Transitional Provisions” of the Constitution of Ukraine, Part 12, “The Supreme Court of Ukraine and the High Court of Arbitration of Ukraine shall exercise their powers … provided that the period of such powers shall not exceed five years”; that is, the powers of the Supreme Court expired on June 28, 2001.
14. The Ministry of Internal Affairs of Ukraine is an illegitimate self-created armed organization, since it has NEVER been created in the manner prescribed by Articles 80, 81, 87, 90 of the Civil Code of Ukraine.
15. Courts are illegitimate organizations, since they have never been created in the manner prescribed by Articles 80, 81, 87, 90 of the Civil Code of Ukraine.
16. Most courts have no right to pass sentences, inasmuch as they DO NOT HAVE the oath specified by Article 55 of the Law of Ukraine “On the Judiciary and the Status of Judges.”
17. The Kyiv City Council is an illegitimate self-created organization, inasmuch it has been created in the absence of the primary subject of local self-government – a legal public-law entity named “Kyiv Municipal Territorial Community,” required by the provisions of Articles 80, 81, 87, 90 of the Civil Code of Ukraine.
Based on the above facts (which we can prove by referring to archival materials, excerpts from the State Archive of Bodies of State Administration), all of that time Ukrainians have been arrested, tortured, killed, accused, and tried by unconstitutional bodies of government!
Today, Ukraine has come closer than ever before to the edge of an abyss from which there will be no return. Having destroyed all bodies of power and people’s control, politicians have started destroying state and communal property, seizing mineral, water and other resources which, pursuant to Article 13 of the Constitution of Ukraine, belong to the Ukrainian people. The above evidence allows us to state that the citizens of Ukraine engaged in peaceful actions on the Kyiv Maidan stay within the premises not as extremists, but as the co-owners of communal property, as liberators of these premises from intruders – officials of illegally created bodies of government.
The above facts have become a weighty reason for the territorial communities of Ukraine to appeal to the international community with this declaration, which is meant to expose the existence of illegitimate bodies of government that the current authorities illegally use to eliminate Ukraine as a state and Ukrainians as a nation. Just like government agencies and officials, the opposition is not interested in revealing these facts, which they are all aware of, since they have no wish to confess to their crimes. The requirements they make are artificial, since the President of Ukraine is illegal and the standoff goes on, bloodshed continues, our compatriots are physically eliminated; the conflict goes beyond the limits of acceptable civilized norms and is taking on signs of an international military conflict which may last long, which will be hard to stop.
In view of the above, we kindly ask you to:
– upon studying and verifying the above facts, use all means provided for by international treaties signed by Ukraine to influence Ukraine’s top government officials as well as the opposition forces to come to the negotiating table and specifically discuss the above issues;
– consider our program for overcoming the crisis and use it as the basis for normalizing the situation on Ukraine;
– apply international pressure to help us achieve the observance of human and territorial communities’ rights in our sovereign unitary Republic of Ukraine;
– use all available methods to promote peace and reconciliation on our common continent.
members of Movement for Territorial Communities-Owners:
head of the territorial community
of Prydniprovsky district, city of Cherkasy
CEO, “Vilnyi Prostir” NGO,
city of Luhansk, tel. (050) 169 92 14
chairman, Public Assembly of Small
and Medium Businesses of Ukraine, city of Lviv
CEO, “Samovriadna Hromada” NGO,
city of Kyiv, tel. (093) 63-000-66
CEO, «Gromadancke syspilstvo» NGO,
сity of Kirovograd, tel (093)780-81-95
Association of NGOs
P.S. translation of the article on http://vyhid-e.org.ua/?p=1182