PILOT ISSURE       July, 1996

Dear readers!

In this survey three issues of 'Prava ludyny' are reviewed: Nos.22, 23, 24. No.22 is the one hundredth issue by the absolute count, so our bulletin has the right to celebrate its jubilee. Few new periodic editions survive so long. We have survived.

The bulletin was started in June 1993 when we got the necessary equipment from the 'Vidrodjennya' foundation. At first the bulletin was published once a month and mostly contained reviews of the materials published elsewhere. By and by the proportion of our own materials was growing, the circle of our correspondents became wider, and since August 1994 we started to publish two and since December 1994 three issues per month. The number of copies was growing simultaneously. We have become the only informative edition in Ukraine that focused on human rights abuses and their reasons. Then we got into a shortage of financing. As a result, from March to November 1996 we managed to prepare only one, though somewhat extended issue per month. But, thanks to God and our sponsors, we got financial aid and returned to three issues per month. Besides, since December 1995 we have prepared and printed 28 special issues of analytic character and a monthly review of our bulletin in English.

We have survived not only due to the financial aid of our sponsors. The other leg we stand upon is the enthusiasm of our permanent authors such as Georgiy Suchko, Alla Korystovskaya, Aleksandr Bukalov, Roman Romanov, Renat Mukhamedjanov and many others to whom the editor would like to express his genuine gratitude. We appeal to our readers to be active not only in their human rights protection, but also in the cooperation with our bulletin.

Eugene Zakharov, Editor-in-Chief

ON BOTH SIDES OF PRISON BARS

This issue is, to a considerable expense, focused on the problems of justice, right and law in Ukraine.

Justice demands to obey the procedure

G. Maryanovskiy, Kharkiv

Kharkiv region court cancelled the resolution of Frunzensky district court relative to P. due to numerous violations of the procedure during the criminal investigation and the trial. P.'s case is sent for additional investigation. P. was accused of the murder of citizen B., who knocked on P.'s door, by stabbing him with a knife through a gap between the door that was partly opened (held on a chain) and the door jamb. It happened on August 13, 1995.

P. since 1980, after a head trauma, was under psychiatrist's observation. In April 1997, when he stayed in the psychiatric hospital, he was arrested and transferred from the hospital to a preliminary prison. In the prison P.'s state of health abruptly deteriorated, and his parents turned for aid to Kharkiv Group of human rights protection. We were puzzled when we started to study the documents. On August 13, 1995 the city station of motor ambulance fixed B.'s death two times at two different addresses: first, from bronchial asthma, second, from the stabbing wound in the breast. The forensic expertise found three wounds in the heart of the victim (the three stabbing blows were placed in one input channel, but differed by the directions). The knife, presumably the weapon of the murder, did not have P.'s fingerprints; no blood was found in the doorway but it was on P.'s trousers; the investigation experiment was carried out in some other flat where the door had no chain.

At first the criminal investigation was carried by the prosecutor's office of the Ordjonikidze district but after numerous complaints of P.'s parents and the dismissal of the detective A. Kozula, who was in charge of the case, the latter was passed to the prosecutor's office of the Frunzensky district. Unfortunately, the new detectives did not believe in the benefit of the doubt: P. was accused of the murder according to Article 94 of the CC of Ukraine. He was accused, although all the witnesses saw only the dead body, not the process of killing and the militiaman in charge of the neighborhood confirmed that P. was the murderer because he had a habit to throw things from his balcony.

During the trial the only witness (he tried to enter the flat together with the victim) did not show any documents to the court. The court did not clear out why the two tried to break into the flat of the accused, under which circumstances the knife (or knives?) was taken as an exhibit. In general there were sufficiently many such small overlooks.

The verdict of the Frunzensky district court was that P. was guilty, but since he was a psychically irresponsible he was sent to a mental hospital with severe observation (situated in Dnepropetrovsk).

As we have mentioned above, the region court cancelled the resolution of Frunzensky district court and the case was sent for additional investigation. However, this case has a more general significance. What should be done to protect the legal procedure, which often determines man's life or death, from arbitrary actions of bureaucrats? What should be done to punish the criminal and not an innocent bystander (who could guarantee that such a replacement is impossible if the procedure is so lax)? What should be done to make the criminal himself comprehend that his punishment is just?

It became a routine that nobody who violates the law during the criminal investigation and trial is ever punished, even symbolically. The violations of the Criminal-Procedural Code became such a routine event that there appeared a standard record in the verdict: 'There were inessential violations of the procedure that did not prevent the establishment of the truth'. But it cannot be so! Any violation of the procedure leads to destorting the truth. In our case, for example, such a minor detail was never investigated: how the blood appeared on P.'s trousers. It is quite plausible that the militiaman who broke into the flat wiped the blood-covered knife on the trousers, which is confirmed by the absence of P.'s fingerprints on the hilt. In general, why shall the murderer, in wait of militia, clean the blade of the knife on his own trousers?

Well, now the judges are formally independent, but this independence must not turn to irresponsibility, and each case of a cancelled verdict must obligatorily become a subject of discussion with the analysis of the reasons why the mistake had been made. If it had been a mere mistake. Actually, the analysis of a reversal of the verdict happens very seldom, when the violations were critical. But can there be small mistakes, if the matter concerns human life? As to the criminal investigation, the situation here is below any criticism, because along with subjective factors that critically affect the investigation we have here inadequate legislation that should be urgently corrected. Perhaps, the procedure of sending the case by the decision of the court to an additional investigation is not fair. During the trial there is prosecution and defence. They must have really equal rights in order to increase the chance to make the court decision just. If the facts supporting the prosecution are insufficient, then, from the standpoint of the benefit of the doubt, the accused is not guilty. Maybe the court must add to the resolution in such cases a reproach to the investigation officers.

But our case is directed for the addutional investigation to the same prosecutor's office of the Frunzensky district. One can easily imagine what direction the investigation will take. The only hope is that the case will not come to the same detective or will be passed to other prosecutor's office. And the accused has a futile hope to wait for his trial not behind the bars.

A crime of the new style

Capitalism of the wildest form is growing in the country. Property is captured without paying much attention (and with paying some compensation) to law enforcing bodies. A Russian proverb describes the situation as 'a robbery in bright daytime'.

The high vocational school No.1 in Odessa had a beautiful building that could be dealt with in a much more profitable fashion. The procedure of getting the new profit started in 1992. During five years the number of enlisted students was reduced from 850 to 350. Tyagunov, the principal of the school, rented the vacated rooms to commercial firms named BIT, Tekhnika, Gart, Chegid, a commercial bank (by the way, BIT means Balaniuk and Tyagunov, do you still remember the latter name?) Officially the annual income of the school is 850 grn. There were several people who protested against the development of business in the school building. The methods to get rid of them were harsh: foreman Shpakov was killed, foreman Tkachuk was crippled, foreman Borisov got cardiac infarction and retired. Borisov's position is now occupied by E. Lukashkov, Tyagunov's hatchet man.

We have found out that it was Lukashkov who ordered, fulfilling Tyagunov's task, killing Nikolay Paltyshev, the People's Teacher of the USSR, professor, a former deputy of the Supreme Soviet. We have xerox copies of the killers' confessions who confirmed that they were ordered to kill Paltyshev and to batter Tkachuk and Borisov, and that the orders came from Lukashkov and Tyagunov.

Department 6 of the Odessa Directorate of Internal Affairs refused to investigate the above-mentioned crimes without explanations of the refusal, the Security Service of Ukraine has not interfered and the complaint to Odessa Procurator's Office has been ignored.

Sgurovskiy, Minister of Education, satisfied the request of Odessa Governor's Office and ordered to pass the building of the school to a commercial juridical institute, and to transfer the students of the school to vocational school No.2, whose building cannot accommodate its own students. In school No.1, by Tyagunov's order, the museum of ancient books was abolished, as well as the museum of vocational education in Ukraine, valuable documents and exhibits were piled in a pantry. Alleys of old chestnut-trees on the territory of the school were cut down, on the sport ground a nine-storied house is being built.

On July 14, 1997 a special troop 'OMON', headed by a Kivalov captured the school building, blocked all doorways and threw out the furniture.

Professor Paltyshev was ordered not to leave his flat and 'lie still'. Strangers who presented themselves as militia officers held 'prophylactic talks' with the professor.

The refusal of the Odessa Directorate of Internal Affairs to start the case, the criminal red tape on the side of the region procurator's office confirm that the above-mentioned organizations have a finger in this pie.

Basing on the Presidential Edict of 10 May 1997, realizing the national state program of the struggle with corruption, human right protectors demand that the Ukrainian security service should start the investigation of the described crime and the related activities of civil officers of the Odessa administration.

We have sent the description of this case to Strasbourg, Geneva and Helsinki to inform the European public.

A. Korystovskaya, President of the Black-Sea HR Center 'Rutenia';

L. Boychuk, Chairperson of the Permanent Strike Committee of Odessa University;

V. Denda, Head of Odessa branch of MOHR;

A. Irmasheva, Chairperson of the Committee of Soldiers' Mothers;

E. Kravets, Head of Odessa branch of the Ukrainian Committee for Children Right Protection;

L. Pikovskaya, Head of the Association 'Mothers of many children';

P. Rybin, Deputy of Tatarbunar Town Executive Committee.

Who will defend major Nedov?

L. Pikovskaya, Odessa

The Black-Sea HR Center 'Rutenia' received a written application from major of militia Nedov, who worked in Belgorod-Dnestrovskiy precinct (Odessa region), about his forced dismissal from militia.

Many times he sent applications to the Ministry of Internal Affairs about facts of corruption and abuse of power among the officers of his precinct, but he received quite formal letters in response.

Nedov worked in the Ministry for 12 years, he started as a militiaman on the beat and by and by he advanced to the position of the Deputy Head of the investigation squad of Belgorod-Dnestrovskiy district; in 1995 he graduated from the juridical faculty of Odessa University, has 29 quotations from districtal and regional commanders, was awarded with the medal 'For excellent service in MIA of Ukraine'. All Nedov's attempts to be restored in militia failed, although the Ministry of Internal Affairs Commanded to return him to the ranks.

Here is Nedov's letter to the Minister of Internal Affairs General Kravchenko.

Application

On August 12, 1996 I had an audience where I told you about my dismissal from militia and where you ordered to the Deputy Minister general Onufriev to restore me in militia. However, up to now I have not been restored because of the lot of red tape.

On September 18 I wrote an application to Kasyanenko, the Head of Odessa Directorate. The question was resolved positively. However, since a new chief, Colonel Grigorenko, became the Head of this Directorate my restoration has been deliberately delayed.

I have prepared all the documents, filled the questionnaire, written the autobiography. After my multiple visits to Odessa Directorate, on March 21 the Stuff Commission considered my case. Before the Commission I met Colonel Melnichuk, the Head of the Stuff, who told me that he would not take me back to militia because I had written complaints to you, Mr Minister, on his, Melnichuk's, criminal irresponsibility and arbitrary actions. At the Stuff Commission held on 21 March 1997 I frankly expressed my opinion about all related questions. The Head of Stuff Melnichuk did not like my straightforward speech, and Melnichuk forced me to write a report on leaving militia.

Revered Yuri Fedorovich, how can these officers, who blackmailed me and resorted to various illegal methods to make me go, take me back to militia. I want to work, I have a lot of experience in fighting crime. For the sake of justice, for rehabilitating my honest name I ask you to restore me in militia and to pass me to another district of Odessa region.'

Authors note. On June 23 I personally tried to get to the list of those who will be given the audience by Minister Kravchenko. However his aids refused to include me into the list, saying that the affair shall be solved in Odessa region.

A fair question arises: must subordinates of the Minister fulfil his orders? Nobody answers this question.

Is a public representative just a figure-head?

R. Mukhamedjanov, Dnepropetrovsk

One of the main features of the former Soviet legislation was hypocrisy. Among other fantastic declarations such as that of independence of judges, of the justice of punishments, of protecting rights and freedoms of citizens, etc., there was a declaration that public participated in the activity of the court.

The latter declaration was summed up in Article 265 of the Criminal-Procedural Code of the Ukrainian Soviet Socialist Republic. Now the name of the republic is replaced by 'Ukraine' and retained in the Code. The article is titled 'Participation of representatives of public organizations and labor collectives in the court proceedings'. This is a bright example of the Soviet and now Ukrainian democracy. The commentary to this article declares that this participation 'establishes the goal of attracting the public to the struggle against crime and ...' and so forth.

In the disposition of the article it is pointed that the representatives 'may be admitted, by resolution of the court, to taking part in the trial in the capacity of public prosecutors or public advocates'.

Thus, we see that the public advocate or prosecutor is a participant of the trial. A detailed analysis, however, soon shows that it is not quite true. Article 265 stating the rights and duties of public representatives does not enter the special part of the Code titled 'Participants of the trial, their rights and duties'. This is done, obviously, for the case if the representative of the public happens to be untamed, a person independent of the court.

If one compares Article 48 of the Criminal-Procedural Code of Ukraine, treating the rights of a state advocate with those of his public opposite number, we shall see that the latter has no rights:

- to meet the accused eye to eye;

- to get acquainted with the documents of the case;

- to hand complaints;

- to be present at interrogations and other investigation actions.

This shows that the Soviet law still operating in Ukraine spares to the public advocate a banal role of a figure-head. Nowadays, when public organizations begin to understand their genuine role in the state, the Supreme Soviet of Ukraine cancelled Article 265 in the draft of the law 'On judicature' ('Visnyk verkhovnogo sudu Ukrainy', No.1, 1997).

Public advocates are not mentioned in Articles 347 and 349 of the Ukrainian Criminal-Procedural Code regulating such essential opportunities of defence as handing a cassation or complaints or protests to the verdict.

Recently the criminal court of Dnepropetrovsk region warned the public advocate that the cassation complaint handed by him will not be considered. And what if such a complaint contains substantial arguments on the falsification of the case by criminal investigators or prosecutor's office or court? The official viewpoint is that justice can perish (together with an innocent man) but the letter of the law which has been long discredited, must dominate.

The discrimination of the public advocate contradicts to the constitutional principle of equality of ALL participants of the trial before the law and court (Article 129.2 of the Ukrainian Constitution). And, according to the resolution of the Plenum of the Supreme Court of Ukraine, all courts must obey the constitution requirements.

Stool pigeons also want to eat

Here is the genuine text of an application:

Minister of Internal Affairs of Ukraine General-Colonel Kravchenko Yu. F. 10 Bogomoltsa St., Kiev

On August 12, 1996 you gave me an audience. Major-Colonel V. Melnichuk and Colonel G. Taratenko were also present. I complained that my services had not been paid. Colonel Melnichuk answered that Odessa MIA Directorate informed him that I got all the salary and bonuses owed to me. Later Melnichuk ordered Colonel Cherbadgi, chief of Belgorod-Dnestrovsky MIA district, to pay me all the money that I earned. On returning home I got no money and learned that chief of investigation of Belgorod-Dnestrovsky MIA district spent my salary on celebrating his wedding, and his deputy Major-Colonel Skripchenko bought himself an automobile accumulator for my money too.

On September 25, 1996 a former chief of investigation of Belgorod-Dnestrovsky MIA district Major Timkov came to my house in a service car and brought me to the districtal precinct. There we picked up Major-Colonel Skripchenko and went to Odessa to Major-Colonel Sagun. The latter called me indecent names and threatened to shoot me and to drown in the Dniester. After this discourse the chief of the department 'A' Efremenko declared that nobody intended to pay me.

In fact I was working five years in cells. During my work Timkov and Skripchenko did much to decipher me. They came to my house in a service car, wearing uniforms. Their actions also uncovered me when I worked in the cell with Voevodin, a chief veterinary of a collective agricultural firm 'Nikolayevskoe'. They did it by putting into the cell some 'Nikolayev' who soon became too talkative and said that Skripchenko was his kinsman.

Many times I went to other prisons of the region. I never got any money for these jobs, though I uncovered dangerous crimes. Skripchenko and Timkov sent me to the village of Shobo, where I lived in the criminal family of the Gorobetses, and I never got anything for this project.

Beside the work inside cells I trained a dog, and again I got nothing.

I beg you, revered Mr Minister, to order to pay my money and punish those criminals who are guilty in this case.

V. Kozachenko

Another trial

In winter 1996-1997 the case of Svetlana Kovalenko accused of a double murder was considered in Kharkov region court. As a result, there was no verdict and the court directed the case for an additional investigation. The Supreme Court confirmed the decision. On June 30 the term of keeping Kovalenko behind the bars was over. However, the girl was not released; the authorities say that she will be kept in the preliminary prison for 'some more time'.

Anatoly Tarasenko, Kovalenko's advocate, explained that, according to the law, the prosecutor's office can keep the suspect in prison for eighteen months. But this term is calculated in a rather sophisticated way. So, for example, the time needed by the suspect to get acquainted with the documents of the case is not counted in, as well as the time when the case is considered in court. So, by General Procurator's office calculation, Kovalenko stayed in the prison less than seven months, though in fact she stayed there thirteen months. So, in 1995 the Kharkov Region Procurator prolonged the investigation by four months, but actually the investigation was carried out from September 1, 1995 to April 1996.

During the time that has passed since sending it to additional investigation, no new facts have appeared. The main investigation directorate of the General Procurator's office of Ukraine has not conducted any investigation act relative to Kovalenko, although there is a decision of the court collegium on criminal matters of the Supreme Court of Ukraine where there is a list of necessary activities to be carried out for the efficient investigation. So, it is ununderstandible why the term should be prolonged. Svetlana Kovalenko intends to declare the challenge of the prosecutor who is in charge of her case and of the deputy general procurator Schetkin, who observes her case.

'Vecherniy Kharkov', 8 July 1997

A sort of the inner party

Yuri Kravchenko, the Minister of Internal Affairs, told about new interesting plans at the seminar 'Problems of the creation of the law-abiding state in Ukraine' which gathered editors-in-chief of town and district newspapers. The main task of MIA is 'following the course to professionalization and purge of law-enforcing agencies'. This will be done 'by creating the inner security service that will fight with the bureaucracy of the agencies'. According to the Minister 'any actions including delivery of the new passport will be timed, and in the case of delays the guilty will be punished'. The Minister also said that 'public commissions' will be created too, and they will consider the complaints about law enforcing officers, which 'will enable the public to carry out the public control over militia'.

General Kravchenko also informed that soon militiamen shall carry identification badges, and then citizens will have the right not to obey militiamen who do not wear such a badge.

ARMY

Psychiatric weapons against rebels again

The Odessa human rights protecting center 'Rutenia' and the local branch of the International society for human rights made public the following information:

'In the psychiatric department of the Odessa military hospital Aleksandr Kalinichenko, the commander of 'Rivne' submarine, undergoes the so-called treatment. Together with the crew he was repairing the rusty submarine, and when it was restored, he learned that the high command decided to sell it. Kalinichenko protested. In the end he was provoked to slap a seaman's face, after which the obstinate captain was hidden in the mental ward.'

'Vremia', 19 July 1997

It is well-known that scientific discoveries often happen where different scientific disciplines meet. In the case described below a scandalous abuse of human rights occurred where the army, medicine havoc and the court irresponsibility met, meet and will meet.

A sad history of a crazy deserter

I. Sukhorukova, Kharkiv

Strange things happen in Ukraine. Some times it seems that one should stop wondering, and then again one is struck by arbitrary and cruel actions of state, civil and army officers.

At first Kharkiv Group for human rights protection received a written complaint of Yuri Kazakov's mother. She informed us (showing all the necessary documents) that her son was a mental case, later mobilized to the army and still later placed into a preliminary prison in Simferopol for desertion.

Yuri was ill from babyhood, at birth his lungs did not open, the new-born baby was saved but the asphyxia led to irreversible damage to the cerebral brain. As a boy he demonstrated inadequate behavior. There was no school, no children hospital, no children collective where Yuri felt himself well. He often missed lessons and escaped from home. At seven when he had a conflict with the divorced father he cut his both forearms after which there have been visible scars. At the age of 12 he got a trauma of the cerebral brain, was taken to a hospital and ran from there next day. From the neurosurgeon of this hospital mother heard for the first time that her son was a mental case and that he should be treated. Then he was directed to the children department of the city psychiatric hospital where he stayed for almost three months. The doctors released him on the condition that a boy should undergo a treatment two times a year. However, mother could never make her son come to the hospital again. In general, she could hardly control the boy's behavior.

Time passed and the boy was called to the army. Mother did not protest, perhaps of the rather common prejudice that the army 'would correct'. Yuri himself said at the medical commission that he had stayed in the psychiatric hospital. According to General- Major Klinkin, the chief of the recruiting commission, the request was send to the psychiatric hospital and the answer followed that Yuri had not been observed there.

Certainly, one glance would suffice at Yuri and his forearms covered with scars to see that something was wrong with him. Besides, he was obviously retarded in his intellect: he could hardly read and could not answer simplest questions. However, there was a plan on the number of recruits and Yuri was considered able- bodied and enlisted.

What happened later was unavoidable. Yuri ran from the army. He did it thrice. For the first time he appeared at home beaten black and blue and declared that he would never dream of coming back to the army. Mother brought him back, spoke with the regiment commander, and the commander promised to smooth the accident. In several days Yuri came home again. Mother again brought the defender of the motherland back. Yuri was not bright, but when he ran for the third time he did not come home.

Army commanders seemed satisfied and did nor seek for Yuri but in the beginning of 1997 Yuri came to a militia precinct and gave in. He was taken to Feodosia to the military unit where he had to serve. A criminal case was started against him according to Article 241 (desertion).

Here enter Law and Justice. Soon two officers, who presented themselves as operators of the Feodosia procurator's office, came to Yuri's mother and demanded her son's medical record (normally such documents are stored in hospital's archives, but after the campaign for economy the records were given to patients). The officers showed no documents identifying them and supporting their right to exempt any documents. Luckily, a neighbor was present and she was shrewd enough to ask the officers to show their documents. The officers exeunt. Somewhat later Yuri's advocate came to mother. She asked to call her by her christian name Tatyana and said that she came for her fee of 400 grivnas. She said that without her aid Yuri would get five to seven years of imprisonment, while with her aid he would get three or less. Mother had enough sense to call a member of the human right protecting group. The member put a quite reasonable question how can the man get seven or three years if he is a mental case and need psychiatric expertise. Tatyana was at a loss. 'Nobody is going to try Yuri, you must not complain at the procurator's office. They are all good guys...' The advocate was adamant in concealing her surname and followed the two officers. The human rights protecting group advised mother to turn to the man whose integrity and persistence are known in Ukraine and abroad. This is professor A. N. Rybalko, a deputy of the city council of Simferopol and a member of the international organization for human rights protection.

Professor Rybalko turned to the main military Justice of the Crimea, informed him on numerous violations of the Criminal-Procedural Code in Yuri's case and requested to have Yuri examined by a psychiatric expertise. Certainly Yuri was considered not fit for military service. But Yuri's case had another strange branch. Yuri himself testified that he got the verdict of three years without a trial or, at least, at the trial at which he was not present. They just came to his cell and told him that he had got three years. He was waiting for sending to the place of imprisonment, when they came for him and brought him to the medical commission.

On resurrection of armed forces of Ukraine

President of Ukraine Leonid Kuchma finds necessary 'to revive the role and vocation of the armed forces as a school for moral and civil spirit and physical hardening of our youth'. In his speech before the graduates of higher military schools in the Maryinsky palace L. Kuchma stressed that in the patriotic indoctrination of the military 'one must not use different values: one for yesterday and another for today'. 'All that had been dignified and heroic in our history must work for hardening the Ukrainian army and elevating its patriotic spirit', stressed the President. In spite of the criticism of today's state of the army, the President believes that the armed forces remain 'a stabilizing factor in the society'.

INTERETHNIC RELATIONS IN UKRAINE

Anti-Ukrainian meeting in Sebastopol

R. Romanov, Sebastopol

A meeting devoted to the Day of Rusian Navy was held in Sebastopol on July 26. The meeting was initiated by the Sebastopol branch of the movement 'For the Republic of the Crimea', by the Russian people's 'Veche' of Sebastopol, by the Russian community of Sebastopol. About 150 persons participated in the meeting. They supported the actions of the Byelorussian President Lukashenko, they spoke against the ratification of Russian-Ukrainian agreements on Black Sea Navy by the Parliaments of Russia and Ukraine, against the participation of Ukraine in the joint maneuvers, they supported the resurrection of the union of all former republics of the USSR. Aleksandr Kruglov, the deputy of the Supreme Soviet of the Crimea, appealed to the participants of the meeting 'to help in wrecking Ukraine', to regard Russian leaders as traitors who 'gave out Sebastopol, wrecked the navy, left about 30 million Russians outside their motherland... These people will catch the flame and blow up... We must assist to this explosion... Militia and part of the army will be with us'. A representative of the anti-NATO organization 'Sebastopol fort' declared 'the mobilization of people and finances for creating the people's militia' for preventing NATO maneuvers in the Crimea in August 1997.

What people think about the union of Ukraine and Russia?

R. Romanov, Sebastopol

51% of inhabitants of the Crimea fully support the idea of the union of Ukraine and Russia. These data were obtained during a poll carried out by the Crimean center of humanitarian studies.

This poll also showed that such a union was found undesirable by 44% of Crimean Tartars, by 12% of Ukrainians, by 7% of Russians and by 11% of other nationals.

A distinguished Ukrainian with a ill-sounding name

Eighteen months ago a new society of Ukrainian intelligentsia, CUIN, was organized. The Kiev branch of this organization headed by V. Karpenko, the editor-in-chief of 'Vecherny Kiev', sent an opened letter to the President of Ukraine, signed by V. Karpenko. The subject of the letter was the assumed assignment of the name of Mikhail Yangel to the Academy of the Armed Forces of Ukraine. The Kievan CUIN members considered scandalous to assign the name of the outstanding Ukrainian rocket builder to the Academy, since it is inadmissible 'to link this name with the creation of the national self-esteem of the military and with the breeding of patriotic feelings of the Ukrainian people' (a Western reader must take into account that the name of 'Yangel' sounds as a typically Jewish one. -- Translator's note). The representatives of the Kievan intelligentsia suggested the name of Petro Sagaydachny, a valiant cossack chieftain.

All these efforts were caused by ignorance. Mikhail Kuzmich Yangel is a 100% Ukrainian with a rare name. Nonetheless, the results of his work in rocket building are so significant that perhaps he could have been given the high title of a Honorary Arian, the title that was given by Hitler to Messerschmidt, the outstanding aircraft builder, though a Jew.

After 'Pravda Ukrainy', 26 June 1997

***

Two men kidnapped the newscaster of Donetsk TV and radio company Taras Moskaliuk. He was thrown to the car, driven to a dark alley and given the ultimatum: next day the transmission of 2: 30 p.m. had to be given in the Ukrainian language, or else the house where the TV company was located would be exploded. The transmission was not issued at all since it was prepared in Russian and nobody wanted to risk.

'Den', No.98, June 1997

A point of view

S. Lashchenko, Lviv

I believe that the mentality of inhabitants of Galicia is rather specific: the exterior often dominates over the interior. This can be observed in the church life: icons, crosses and other decorative paraphernalia -- this is important, whereas the question if one has a really christian spirit is secondary. The same concerns other symbols and the language regarded as a symbol too. Many think in such a way: we shall force others to learn the Ukrainian language and all will become patriots. This is naive! I know many Russians in Lviv who know Ukrainian perfectly and detest it at the same time. Another formula seems reasonable: at first Ukrainian patriotism and then Ukrainian language. Ukrainians have not used the chance to show themselves as a civilized nation. A factor has worked here which, if stretching the concept a little, can be named, 'the Galician factor'. This passionary region much affected the Ukrainian renaissance. That is why the Galician mentality affected the Ukrainian movement as a whole. The situation in late eighties was unique: the East Ukraine could have given a more attractive and acceptable ideology, but it could not guarantee that the movement would be numerous enough. Galicia at once mobilized the wide masses, but in contrast to East Ukraine (which was more attracted by National democracy ideals), Galicia was attracted by the ideology of radical nationalism.

As a result our radicals are from the West Ukraine, such as Stepan Khmara, Irina Kalynets, Ivan Makar, Stepan Pushik, Mikhaylo Kosiv and many others, who fight against something, not for something.

East Ukraine put out Ivan Dziuba, Mikola Rudenko, Vasyl Stus, Valery Marchenko, or those who died outside prisons like Vasyl Simonenko, Stanislav Telniuk, one of the founders of 'Rukh' movement. In this context one also recollects Petro Grigorenko and Simon Petliura.

As we see, our 'Westerners' are focused on Ukrainian problems and on the domineering role of the Ukrainian nation and of the Ukrainian language. Our 'Easterners' are inclined to consider the Ukrainian problem in the context of the struggle for the freedom of other peoples. They are more reserved, more capable of compromises.

Why the nationalism of the Galician variety is not popular in the East? I see two reasons. First, here the pro-Russian and pro-communist forces were traditionally strong. Another reason is that they have been frightened by the too loud slogans from the Westerners.

In choosing the ideology for Ukraine one must realistically assess the existing tendencies and peculiarities of various Ukrainian regions.

'Nezavisimost', No.115-116, June 1997

'Rukh' members are beaten

Kharkiv region organization 'People's Rukh' turned to law enforcing bodies with the demand to investigate thoroughly the attempt at life of the Deputy Head of Kharkiv organization Garkavenko. He was attacked on July 17th near his own house in the town of Liubotin. Two strangers inflicted a craniocerebral injury to Garkavenko.

The leadership of Kharkiv region 'Rukh' organization considers 'that this attempt has a political lining and is a link in the chain of criminal and terroristic acts of certain forces against 'Rukh' and its members' owing to the nearing elections.

NEWS FROM THE CRISIS FRONT

The society in the mirror of sociology

As well-known sociologist Evhen Golovakha has informed, 75% of Ukrainian citizens state that the situation in the country is unsatisfactory and the most part of this group are prepared to take part in the social protest in legal or illegal forms.

In Golovakha's opinion, the bulk of the population has not become poorer, that is why, by the way, we have no massive open social protest. The problem is that the bulk of the population have the mentality of beggars. This is subjective but rather frightening. It can result not in some active rebellion but in a quiet dying of the public and economic life.

According to economist Aleksandr Paskhaver, the shade economy that appeared in 1992 and developed rapidly up to 1994 played the role of a very important social regulator. The shade economy saved the country from the social and economic collapse. That is people's economy in the sense that practically all the people participates in it and a number of state policy factors encourages its development. One of the examples is the tiny plots of land for vegetable gardens that were given practically to all the population of Ukraine. According to Paskhaver's calculations, the income of the average Ukrainian is approximately three times greater than his legal income.

***

In 1991 Ukraine won the first place in Europe in the population mortality: during last six years the number of those who died is by 1.15 million greater than the number of those who were born. Nowadays, the country has the oldest population on the continent. The average age of Ukrainians is reduced by 3.5 years, the mortality of the working population increased by the factor of 4. These data were made public by A. Serdiuk, the Minister of Health.

'Vremia', 15 July, 1997

The government promises, the people hopes

The government promised to liquidate all pay arrears (including pensions and other social expenditures) in Ukraine by December, 1. Valeriy Pustovoytenko, the new Prime-Minister, declared at a press- conference that the liquidation of debts is considered 'the top priority task by the government and myself'. According to his words, a resolution of the Cabinet of Ministers has already been prepared; this resolution provides the ways and methods for the timely liquidation of the debts by the indicated date.

President Leonid Kuchma said at the meeting of the Cabinet that the debt in budget payments equals 4.7 billion grivnas for today. Pavlo Lazarenko, the former Prime-Minister, promised to pay all the debts by November 1.

Pay arrears and national security of Ukraine

M. Biloblotsky, the Minister of Labor and Social Policy, expressed the conviction that debts in wages, salaries and pensions has achieved the level, where it is possible to speak about the danger to the national security of Ukraine. He said that the Cabinet of Ministers 'corrects the schedule of paying debts in wages, salaries and pensions' which have been made by the previous government.

The Minister reminded that according to the agreement between the Cabinet of Ministers and the Federation of trade unions of Ukraine the debts must be paid not later than in six months after the adoption of the state budget-1997. 'However, there exist many problems related to the budget', confessed the Minister. He added that 'the government is trying to maximally overcome this grief in 1997'.

Picketing is going on

437 miners from Krasnodon hold a picket in tents near the building housing the Lugansk region administration. They protest against pay arrears equal to 7-10 months. Some public organizations joined the picketers, in particular the union 'Semya' ('Family'). This is the union of families with many children from Krasnodon.

EDUCATION

Beggars cannot be choosers

S. Litvin, UNIAN

The summer vacations somewhat smoothed the tense situation in education. The school was left not only by students and pupils, but also by their teachers, who lately have begun to apply the extreme measures, including strikes, to chisel the money from the authorities. In spite of the active attention of the latter (the government devoted three special meetings this year to the reforms of education), the financing was becoming scarcer and scarcer. For example, last year the Minister of Education could find only 63% from the total sum needed for salaries and stipends. So, the pay arrears have grown from 120 to 292 million grivnas, that is more than twice.

Unfortunately, the situation is still deteriorating, since all the reforms were just make up. Here is one example.

As is well known the salary of teachers in our country during several decades was very low compared to other branches of people's economy. In the years of independence an attempt was made to raize teachers' salaries to the average level of pays in industry. The corresponding laws were adopted in 1991 and 1996. However, the state have not increased, even by one kopek, the expenditures for education which, according to the law equaled 10% of GNP (it could hardly be increased since it is one of the highest indicators in the world). But the catastrophic fall of GNP made these 10% much smaller, so no raize in teacher's salaries occurred. There have appeared now a new source of financing: paid forms of education. The world experience testifies that in developed countries the financing of education from private sources is common and successful. The administrators in Ukraine have understood it at last, and not only theoretically, as it was before 1996, when the pay for education could not be planned because of the frantic inflation. Nowadays, the paid education, especially in higher schools, is rather the rule not the exception.

However, borrowing other people's experience and hurrying to take money from those layers of the population who are capable to pay for the education of their progeny, we, as always, are more catholic than the Pope. In developed countries there exists a ramified system of stipends which is paid to best students and thus permits the society not to loose the intellectual capital of the nation. As to the Ukrainian higher schools, the students that got into the school for money are not counter balanced by penniless talent; that led to a very low intellectual level of students as a whole.

The Ministry of Education of Ukraine many times turned to various international organizations for financial and technical aid in reforming the education. Beside computer hardware, equipment and some textbooks we got a lot of recommendations given by foreign experts, who assessed the financial situation of the Ukrainian education and tried to use the foreign experience. Now the problem is whether Ukraine will dare to implement these recommendations.

One of them is a drastic reduction of the personnel. This can be done because in the nearest future a demographic fall is expected, so the number of pupils will drastically decrease, hence they will not require such a numerous teaching personnel. Besides, foreign experts advise to decrease greatly the ratio teacher/pupil. The foreign experts calculated that if our country would follow the ratio of developed countries, then the expenditures for supporting the personnel would be reduced by 25%. Approximately as much can be economized by reducing the auxiliary staff. For example, in kindergartens cooks make 8% of the staff, and the parents pay only for food, not for cooks' service.

Another proposition of the foreign experts concerns the education of the teachers. In our country, according to the resolution of the Ministry of Education, teachers are prepared only in one subject. The foreign experts suggest to prepare teachers in two subjects, which will make the staff more flexible. Besides, the foreign experts propose to reduce many privileges. In some years these privileges covered 80-95% of all expenditures, such as getting education free of charge, getting textbooks free of charge, getting dinners, stipends and so forth. The foreign experts believe that such privileges must be infrequent and individual.

The Ukrainian education will perhaps come across with some reforms of the listed kind this academic year. In 1998 it is planned to sell textbooks to all pupils of general schools for the full pay (in 1996/1997 academic year pupils paid 20% of the cost). The lessons of military training will be either cancelled or conducted at the expense of the Ministry of Defence. In small schools lessons of music, art and physical training will be conducted for several classes at the same time.

Some reforms will be introduced into higher schools. About 50% of the learning time will be devoted to self-study. Second, third and fourth years of study will listen to lectures in large classes, without subdividing into groups. The lectures in state higher schools will be delivered only in daytime (with natural light), winter vacations will last not less than one month and all practicals will be reduced by half.

It is planned to blend small schools, including high schools. Academical establishments that enlist less than 50 students per year will be liquidated. The professions not ordered by the state will not be supported from the budget. Evening schools and schools for extramural students will be blended with similar daytime schools. These are the methods with which the Ministry of Education hopes to balance their incomes and expenditures. Beggars must not be choosers.

LAW

In the Ukraine like in the former Soviet Union there is a record in the documents which is unknown to an inhabitant of more liberal countries: a 'propiska', a resident's permit. Normally, a citizen cannot move to another town, because there he will not find a job because he has no propiska and will not get a propiska because he is jobless.

%A new law

The Parliament of Ukraine abolished the necessity of having a local propiska when applying for a job. From now on anyone who has a propiska in one place can get the job in the other. It is pointed out that neither the employer nor the employee, employed without a propiska, bear the responsibility.

'Demokratichna Ukraina', 24 June 1997

***

According to the words of I. Balaklitsky, the Head of the passport department in Kiev, 'articles of the Administrative Code which determine the punishment of citizens and employers for the violation of the passport system are still in force'. Residence without a propiska and employers who take persons without a local propiska must be punished: for the repetition of the felony they must pay the fine up to 238 grivnas.

'Uriadovy kuryer', No.128-129, July 1997

MISCELLANEA

The dead has their rights as well

I. Fedushchak, Lviv

In all civilized world victims of war and political repressions have the right for memory. Every killed soldier has the right for a grave sanctified by proper rites on which his friends and relatives can shed tears. A soldier, obeying the state law and his military oath, does not bear any responsibility for the policy of the government.

Military cemeteries have no deadline for the time of their existence, they must be under the guardianship and protection of the state. Proper looking after the military graves is not only a tradition, this is the history of the people's culture, a way to breed next generations. It is a right saying that a people which does not respect its past has no future.

International treaties have been undersigned about immortalizing the memory of killed soldiers. The Soviet Union did not recognize them.

The rights of memory of victims of wars and political repressions, as well as the rights of their children are not protected by the Ukrainian legislation and are permanently abused in Ukraine.

Among the public organizations which voluntarily fulfil the duty of memorizing the society 'Poshuk' ('Search'), a branch of Lviv 'Memorial' organization must be mentioned.

After World War 1 many graves were left of soldiers of the Russian and Austrian-Hungarian armies. After the war these lands belonged to Poland, and all these graves were carefully cleaned and looked after, but this ended in 1939.

The bolshevik empire vandalized soldiers' graves from the first to the last days of its existence. National sacred places were defiled, military cemeteries of various armies, including the Russian one, were ruined. After World War 2 hundreds of thousands of remains, including the Red Army men were left unburied. Peasants who buried such remains had no right to make this information public under the threat of repressions. Sometimes peasants kept the names, photographs, documents, orders and medals of the soldiers. Now many of them make these names public, but not all: many are ridden with the terror as before. The years of the Communist propaganda affected the consciousness of a significant part of Ukrainians. It is not so easy now to return to the roots of the Ukrainian culture and customs.

The situation with the graves of the victims of political repressions and national repressions is even worse. The places where Soviet security services put their victims to earth are still secret. Here it is difficult to find not individual graves but large graveyards. As to executed criminals, they are put to earth, and their relatives do not know where.

During several years the Vorkuta (Komi Republic) archives semiofficially have been passing to 'Memorial' lists of those who are buried on the large graveyards near the town of Abez. This became possible due to the local investigator Viktor Lozhkin protected by public organizations from the West Ukraine and Baltic republics.

Among thousands of names we have found more than 400 inhabitants of Ukraine; now we are looking for their families and offsprings. In July 1996 the society 'Poshuk' organized an expedition to Abez. 12 persons among whom there were members of the families, a cameramen and a priest visited 7 cemeteries of political prisoners, erected 10 crosses brought from Lviv, brought home some earth and photos of the graves. A TV film was made about this expedition and about the related problems; the TV film is named 'Burning in order to give light'.

Archives of the Ministry of Internal Affairs and of the Ukrainian security service are slow in uncovering the places of the burials and of the names of the dead political prisoners. The lists of victims of massive executions of 1941 in Ukrainian prisons 'in connection with military actions' have not been made public yet. Ukrainian security service took a decision to publish these lists, after a thorough checking, in the quarterly 'From archives of VChK -GPU-NKVD-KGB' (these are consecutive names of the Soviet security police. -- Translator's note). Since 1994 only two issues have been published; they contained incomplete and confused lists about Ternopil region. The place of shooting and the number of prison are not given (at that time there were 4 prisons in Ternopol region). Those who were shot down in district departments are not mentioned at all, it seems that their names were not recorded. As to other massive executions of political prisoners before and after the war, the archive materials are still inaccessible.

Thus, families of innocent victims of the political terror are devoid of the right to learn the circumstances of the arrest and the place of the eternal rest. Thousands of people turn for aid to our society, they want little: to be able to pray on the grave of a father, brother or husband. Not counting rare exceptions, we can offer nameless collective graves on some graveyard.

Our voluntary society, as well as a number of other public organizations in Ukraine, is carrying an unliftable burden. Our work will be much facilitated if we had some legislative base and if these laws were directed down to local authorities. First of all, the problem of access to the archives must be solved about the victims of wars and political repressions.

Only then we shall have the right to be called a civilized people and we shall be able to perform our duty before God, mankind and history.