Selective justice and selective use of legislation in Ukraine. Phrases and comments.
LEGAL ANALYSIS
on facts of violations of the Constitution of Ukraine, the Convention for the Protection of Human Rights and Fundamental Freedoms 1950, the International Covenant on Civil and Political Rights 1966, other laws of Ukraine and Ukraine's international obligations in initiating against me Lovin Anatolii Ivanovich and my entourage criminal cases, their investigations, court appeals and failure to comply with court decisions, which have entered into force
Ukraine proclaimed a state of law (Article 1 of the Constitution of Ukraine), which recognizes the rule of law principle (Article 8 of the Constitution of Ukraine), and the man, his life and health, honor and dignity, inviolability and security are recognized as the highest values (Article 3 of the Constitution of Ukraine).
Having chosen the path of independent development and securing it in the Constitution, Ukraine reaffirmed its desire to develop and strengthen a democratic, social state of law, one of the main principles of which is genuine provision of rights and freedoms of a man and a citizen.
According to Art. 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (hereinafter - the Convention), ratified by the Law of Ukraine «On Ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms 1950, The first protocol and protocols № 2, 4, 7 and 11 to the Convention» № 175/97 — the decision of the Verkhovna Rada of Ukraine on 17.07.1997, the rights and freedoms shall be guaranteed without discrimination on grounds of sex, race, color, language, religion, political or other beliefs or social origin, association with a national minority, property, birth or other statuses.
In the Part 1 of Art. 26 of the International Covenant on Civil and Political Rights 1966 (hereinafter - the Covenant), ratified by the Resolution of Presidium of the Supreme Soviet of the Ukrainian SSR № 2148-VIII on 19.10.1973, established that «all men are equal before the law and are entitled without any discrimination to equal protection of the law». According to Part 2 Art. 26 of the Covenant «any discrimination should be prohibited by law, and the law should guarantee to all persons equal and effective protection against discrimination on any ground ...».
Part 1 of Art. 9 of the Constitution of Ukraine and the Part 1 of Art. 19 of the Law of Ukraine «On International Treaties of Ukraine» dated 29.06.2004 № 1906-IV stipulates that valid international treaties of Ukraine ratified by the Verkhovna Rada of Ukraine are part of the national legislation and are applied in the manner set for the rules of the national legislation.
Furthermore, according to Art. 17 of the Law of Ukraine «On Implementation and application of the European Court of Human Rights decisions» dated 23.02.2006, № 3477-IV national courts, during judicial proceedings, must apply the provisions of the Convention and precedent of the European Court of Human Rights.
Following the Council of Europe standards in the field of human rights protection, Ukraine established in the Art. 24 of the Constitution that citizens have equal constitutional rights and freedoms and are equal before the law. There can be no privileges or restrictions based on race, color, political, religious or other beliefs, sex, ethnic or social origin, property status, place of residence, linguistic or other characteristics.
The Constitutional Court of Ukraine in the case of a citizen A.P. Trojan № 1-10/2012 dated 12.04.2012 found that equality of all people in their rights and freedoms guaranteed by the Constitution of Ukraine, means there is a need to ensure equal legal opportunities of both material and procedural nature to implement the same in content and scope rights and freedoms.
In the process of implementing key provisions of the Convention into legislation and law enforcement practices of Ukraine on 06.09.2012 the Law of Ukraine «On Prevention and Combating discrimination in Ukraine» № 5207-VI was adopted, § 2 of Art. 1, which defines "discrimination" as the "decisions, actions or inactions directed to limit or privilege an individual and / or groups of people based on race, color, political, religious or other beliefs, sex, age, disability, ethnic or social origin, marital and property status, place of residence, linguistic or other characteristics if they make it impossible to recognize and realize on equal basis rights and freedoms of a man and a citizen".
Decisions, actions or inactions that lead to the situation when individual and / or group of people are treated less favorably than other people in analogous situation because of their specific characteristics is a direct discrimination according with the § 6 Art. 1 of the stated Law.
At the same time, state authorities of Ukraine for a prolonged period of time violate my rights and freedoms; do not implement court decisions, which have entered into force; deliberately do not apply, apply selectively or disregard application in relation to me the norms of the Constitution of Ukraine, Laws of Ukraine and international treaties of Ukraine, which are ratified by the Verkhovna Rada of Ukraine and are a part of Ukraine national legislation.
State authorities of Ukraine chose to discriminate me on the grounds of political beliefs and property status as a way to influence and pressure me with the aim to:
- deprive me of the possibility to engage in political and social activities;
- create a negative image in political and business circles;
- deprive me of possibility to perform normal business operations and ability to manage it;
- arrest me on a basis of false illegal grounds and thereby deprive me of possibility to take any effective measures in order to protect my rights and freedoms;
- unlawfully deprive me of property and assets of the companies that my family, relatives and I have connection to and which represent an interest to "third parties", whose interests are being advocated in this case by state authorities of Ukraine;
- force me "voluntarily" decline now and in the future to bring any claims and complaints against state authorities of Ukraine and certain representative individuals of these authorities as well as against "third parties", in the interest of which were stolen, confiscated, requisitioned, seized or planned to be illegally seized by any other way tangible and intangible assets that belong to me, my relatives or legal entities that I am connected to or have influence on decisions of their owners;
- create a situation of "maximum support and impunity" in the present time as well as in the future for certain representatives of state authorities of Ukraine and "third" parties, who commit illegal acts against me and my entourage.
As a result of a violation by the state authorities of Ukraine of my rights and freedoms guaranteed by the Constitution of Ukraine and fundamental international legal regulations in the field of human rights, commitment of discriminatory acts in relation to me on the basis of my political beliefs and property status, I am deprived of possibility to implement on an equal basis my constitutional rights and freedoms.
Entrenched in section 2 of the Article 5 of the Convention and section 1 of the Art. 62 of the Constitution of Ukraine presumption of innocence principle, according to which, anyone who is accused of committing a crime is presumed to be innocent until proven guilty in accordance to law is violated. This principle is a fundamental guarantee of criminal process that protects individuals against unjust punishment, punishment without proof of guilt in the prescribed manner and on the basis of illegally gathered evidence.
In paragraph 3.2 of the Constitutional Court of Ukraine decision dated 20.10.2011 in the case № 1-31/2011 on the constitutional petition of the Security Service of Ukraine for an official interpretation of the provisions of Section 3 Article 62 of the Constitution of Ukraine it is indicated that "indictment of a crime cannot be justified by factual data obtained by unlawful means, namely: by violation of constitutional rights and freedoms of a man and a citizen; by violation of established laws on legal procedure, means and sources of obtaining factual data; by unauthorized person, etc".
State Laws are binding for all. Compliance and enforcement of Laws by state authorities and citizens - is not a right but their duty!
The Law does not allow its selective application or non-application depending on circumstances and subjective opinion of the investigator, prosecutor, judge and others. Laws and their provisions itself do not give right to state authorities to ignore their application or selectively apply them to a specific person or group of people at their discretion.
In other words – non-application, selective application or ignorance of one Law of Ukraine or another in respect to a particular individual or group of people as well as provisions of international agreements, ratified by the Verkhovna Rada of Ukraine and became part of the legislation of Ukraine, is a direct discrimination against these individuals by the state authorities, which did not apply the provisions of one Law or another!
Evidence of the existence of discrimination in respect of a particular person is the fact of none application of the provisions of Laws itself in considering the circumstances of the events that the person is charged with as a crime!
Non-application of provisions of Laws by state authorities – is discrimination against people to whom these Laws were selectively not applied to, in this case, this type of discrimination does not require any additional evidence to establish it as discrimination, including comparison of it to analogous cases because the Law is binding for all and all other analogous cases with other consequences but consequence of unconditional implementation of the Law can not be!
If there are other cases in which decisions were taken contrary to the Law or with disregard of its provisions - it is a crime! Therefore, these criminal cases cannot be used as particular "analogous arguments", which permit ignorance of Law provisions in the subsequent analogous case!
Ignorance of the above is a gross violation of the rule-of-law principle proclaimed in art. 8 of the Constitution of Ukraine, which obliges citizens and state authorities to strictly comply with the prescribed legislations of Ukraine.
The fact of none application or selective application of the provisions of Laws by state authorities in respect to any persons is itself a crime because it violates fundamental principles of the rule-of-law, equality under the Law and non-discrimination.
For better understanding of the essence of violations of my rights and freedoms and to confirm the position of targeted discrimination against me and my entourage I have classified applicable actions into separate episodes, presented in chronological order.
All these violations are set out in the document "Selective justice and selective application of the law in Ukraine. Facts and comments (Part 3)".
The text of this document can be found in the Documents section of this website.