Edicts «not for publishing» – laws «not for execution» (continuation of the topic)

On 23 March the press conference of the Alliance of public activists «Maydan» was held in UNIAN. The press conference was devoted to termination of the practice of illegal classification of normative-legal documents. In what follows we present the press release of this action and the second open appeal to the President.

Declaration of Viktor Yushchenko, then a candidate to President’s post, of his allegiance to the principles of openness of power, its responsibility to citizens and the course towards guaranteeing of the principle of superiority of power gave people the hope and even confidence that the new power, created, supported and defended by Maydan, will have nothing common with the overthrown regime and that the new team, understanding the source of its victory, will never be far from people and will have nothing to conceal from citizens.

This sureness did not stagger even when we observed, with surprise, continuation of the odious practice of issuing by state organs of secret normative-legal documents, classified «not for publishing» and «not for printing», which classifications were not envisaged by any Ukrainian laws, by which, according to Article 19 of the Constitution of Ukraine, power organs and their officials had to be guided. We were sure that the reason of this shameful practice was in the inert thinking of state officials, many of whom had begun to work in Kuchma’s time, «survived» the Orange revolution and continued to work according to old rules.

So, the Open letter to President of Ukraine with the demand to stop the illegal practice of classifying of normative-legal acts, initiated and sent to the head of the state by co-chairman of the Kharkiv group for human rights protection, head of the board of Ukrainian Helsinki Union of human rights Evhen Zakharov, had the aim to draw the attention of Viktor Yushchenko to the existence of this problem and necessity of its settlement.

Alas, the expectations have not justified until now. Except the superficial formal reply of state secretary Zinchenko, there was no reaction of the President or at least his Secretariat (in what follows we adduce this Zinchenko’s answer). So, the Law of Ukraine «On citizens’ appeals», which envisages the obligatory written response of the organs of state power and their officials to a written request within a month, has been violated.

In this situation our choice, the choice of Alliance «Maydan», is not too wide. We can either protect legality and our rights in accordance with legal procedure, or to submit to violation of law and neglect of the rights of citizens. The first way is very arduous and difficult, taking into account the probable defendant, and the second one is fundamentally and professionally inadmissible. So, we are making the second attempt.

On 16 March Evhen Zakharov directed the second letter with corresponding demands to the President. The letter was signed by 580 citizens and 32 public organizations, which signatures had been collected since the publication of the first appeal.

We declare: today we have no reasons to suspect Viktor Yushchenko of inclination to ignore laws, and we regard the probable claim not as an attack against President’s position, which we have supported on Maydan and still support, but as a help to him in the struggle against the anti-legal, anti-constitutional and stagnant practice, born by the Soviet system and Kuchmism, if the President cannot do it by himself for some reasons.

If the second letter also would not entail proper reaction, and the problem would not be solved, then we would not have another way out. We consider the probable turning to court as a deplorable, forced, but necessary for the protection of Right and spirit of the Orange revolution step. Yet, maybe it would be the only possible way to make the officials, who, consciously or subconsciously, discredit the new power, obey laws.

After the events of the Orange revolution people do not deserve disrespect of anybody, first of all, of the team, which has been lead to power by the people, as well as of the nameless officials from Oleksandr Zinchenko’s agency.

President Viktor Yushchenko does not have yet the reputation of a person neglecting laws. And we are waiting for the proofs of this opinion.