The Supreme Council of justice „“ President from trial
14.12.2003
Three articles concerning the institution by judge Yu. Vasilenko of the criminal case against President of Ukraine Leonid Kuchma.
In the opinion of many Kyiv dwellers, who are acquainted with the real face of the Ukrainian Themis, Yu. Vasilenko is one of the most competent judges in the country. The initiation by him of the criminal case against President Leonid Kuchma was, from the legal viewpoint, a normal juridical procedure: the judge properly reacted to the presentation of informational materials by the group of MPs. Such cases have become almost usual in the law-abiding democratic Western countries: only during several recent years presidents, chancellors and prime ministers were brought to court responsibility more than once. In this way the governments of these countries confirmed their adherence to the principles of the superiority of right and their ability to get rid of dishonest politicians. President Kuchma, being a „“ of many scandals, which are permanently discussed in mass media and discredit the state, must be extremely interested in the objectivity of court proceedings, since only court can issue the decision of his innocence. Thus, judge Vasilenko merely fulfilled his professional duties.
Unfortunately, the constitutional independence of the judicial organ was brutally violated during the very first juridical actions. Since a half of the Supreme Council of justice is directly dependent on the presidential power, the Council immediately started the affair on the dismissal of judge Yu. Vasilenko from his post. It seems that President really have what to conceal both from justice and from his own people. That is why he tries to protect himself with the shield of the artificial immunity forgetting that he is not a personal leader of Ukraine. He forgets that he is a common state official, who is responsible before the law as well as every other citizen and even more, that the judicial power of Ukraine has the constitutional guarantees of independence, that he is not our master, that all high-flown declarations about the European choice and the creation of law-abiding state must be confirmed by concrete deeds.
Depriving the court of the opportunity to fulfill its duties, the President and his adherents demonstrate for the umpteenth time their wish to tower above the people and justice. Only conscious citizens and their representatives – MPs – can protect judge Vasilenko and, thereby, the independence of Ukrainian judicial power.
We appeal to local public organizations and political parties, to all dwellers of our region to turn to the MPs from the Ternopil oblast with the proposition not to support the decision on the dismissal of judge Yu. Vasilenko.
Unfortunately, the constitutional independence of the judicial organ was brutally violated during the very first juridical actions. Since a half of the Supreme Council of justice is directly dependent on the presidential power, the Council immediately started the affair on the dismissal of judge Yu. Vasilenko from his post. It seems that President really have what to conceal both from justice and from his own people. That is why he tries to protect himself with the shield of the artificial immunity forgetting that he is not a personal leader of Ukraine. He forgets that he is a common state official, who is responsible before the law as well as every other citizen and even more, that the judicial power of Ukraine has the constitutional guarantees of independence, that he is not our master, that all high-flown declarations about the European choice and the creation of law-abiding state must be confirmed by concrete deeds.
Depriving the court of the opportunity to fulfill its duties, the President and his adherents demonstrate for the umpteenth time their wish to tower above the people and justice. Only conscious citizens and their representatives – MPs – can protect judge Vasilenko and, thereby, the independence of Ukrainian judicial power.
We appeal to local public organizations and political parties, to all dwellers of our region to turn to the MPs from the Ternopil oblast with the proposition not to support the decision on the dismissal of judge Yu. Vasilenko.