People’s deputies from the OPPOSITION BLOC and other factions filed an application to the Constitutional Court of Ukraine regarding the recognition of the unconstitutional law No. 317-VIII “On the condemnation of the communist and national-socialist (nazi) totalitarian regimes in Ukraine and the prohibition of propaganda of their symbols”.
MP from the OPPOSITION BLOC Vasiliy Nymchenko, being an authorized representative of subjects of the constitutional submission, stressed that the provisions of the impugned Decomunization Law violate the rights and freedoms of citizens, art. 15 and Article 34 of the Constitution of Ukraine, contradict democratic norms and international standards.
“We are also talking about the unconstitutional deprivation of citizens the right to participate in the management of state affairs, to freely choose and be elected to government bodies and local self-government bodies. The general approach that is applied in this Law to restrict the rights of public associations to exist, function and participate in the political life of the country is unacceptable in a state that is guided by the rule of law, because for each party an individual approach must be applied on the basis of judicial conviction of real illegal actions,” Nimchenko noted.
In addition, the Law on Decommunization contradicts international standards for ensuring freedom of speech, in particular those established in the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms, the Universal Declaration of Human Rights and Citizen of 10 December 1948, the International Covenant on Civil and Political Rights,” the parliamentarian stressed.
According to him, “despite the explicit unconstitutionality of the law and ignoring the conclusions of the Joint Interim Conclusion of the European Commission for Democracy through Law (Venice Commission) and the Office for Democratic Institutions and Human Rights of the OSCE (ODIHR), which, in fact, is recognized as violating human rights, the so-called majority coalition in the parliament did not make changes to this law to end the moral terror of Ukrainians,” the politician said.
Nimchenko recalled that on May 9, 2017, during the celebration of the Great Victory in various cities of Ukraine, numerous peaceful police demonstrators were detained by law enforcement agencies because of the use of Soviet symbols. The international human rights organization Amnesty International called on the Ukrainian authorities to release the detainees and pointed out that “The prohibition of symbols associated with the Communist Party and the Soviet past (laws passed in May 2015) violates the right to freedom of expression, and the detention of peaceful.
“But the most dangerous thing is that the provisions of the Law on decommunization, which determine its legal nature (legal definition), essence and purpose, not only do not correspond to the Constitution of Ukraine, but, in fact, provoke a split of society on ideological, social and spiritual grounds, create real threats to the statehood of Ukraine,” the parliamentarian stressed.
“Unfortunately, the pseudo-reformers do not stop dealing with the “wringing of hands” to the Constitutional Court and the rest of the judiciary, forgetting that the courts are not contracting organizations for the powers that be. At the same time, I hope that the Constitutional Court will issue a decision guided by the letter of the Basic Law and will not succumb to the pressure exerted on it by the authorities, as it obviously takes place with more than three years of consideration of the law on lustration,” the people’s Deputy said.