Drowning in nonsense ...
Unlike the problematical gas pipeline, the nonsense pipeline “Druzhba”[1] works in Ukraine without any bleeps. We devour billions of cubic metres of political nonsense.
There is nothing bad in protecting the mass media from the encroachment of administrative resources of various political shades. According to the Law of Ukraine «On the election of State Deputies of Ukraine”, a media outlet has the right to disseminate campaigning information only by agreement with a political faction, and only for payment from the said faction. In addition, editors must, if publishing advertisements for one political faction, print the advertisements of its opponents. State officials are prohibited from publicising their opinion of candidates.
Yuri Lutsenko was the first victim of this regulation. Fulfilling his duty prescribed by the Law of Ukraine “On the Police”, he dared to communicate to his voters that there were individuals with still current criminal records (that is former criminals), individuals wanted for questioning by the Police, and individuals under investigation on the candidate lists of various political parties. The bloc “Nasha Natasha” immediately brought a suit against Lutsenko and won this case. The Pechersky Dstrict Court in Kyiv prohibited the Minister from making public such information.
Thank God, the Appeal court reversed this decision. But… Let us imagine that some abstract political party puts forward as deputy of the Verkhovna Rada a notorious maniac, the murderer Onoprienko, who is as yet only suspected of having committed such crimes. According to the logic of the Pechersky court and the letter of the Law “On the election”, we have no right to know this confidential information. State Deputies care about our peace mind. As they say, a lot of knowledge creates a lot of problems. So, the officials conceal from us, voters, all possible information about deputies at all levels and from all parties.
Yet, if somebody is just itching to open their mouth or grab a pen to express their opinion about this or that deputy, party or bloc? (And fingers itch intolerably at the sight of the faces of deputies lamenting over the fate of the poor people!) You have no right to do so without an order from some political faction with an interest in your noble wrath. And if you do not want to deal with these factions or do not want to have such shady sponsors? Then be silent: nobody will publish your information and your opinion. Nonsense? Yes! Violation of your civil rights? Without a doubt! This is a violation of the fundamental right to freedom of speech and freedom of information. Yet, our former and future representatives have no time to think about that, because they are concerned for our good. It is so comfortable to be concerned for the modest salary of 18 thousand UH per month!
The Constitutional Court should check the legitimacy of our deprivation of the freedom of speech and information, and decide whether Article 71 of the Law of Ukraine “On the election …” complies with the Constitution. However, our deputies, wearied by their love of the people, directly ignored their duty and “forgot” to swear in the judges of the Constitutional Court. And the President, being the guarantor of the Constitution, permits, for some reasons, free drifting away from the legal field. This drift could turn out to be too expensive for our country. Our citizens do not know who they are electing, they merely absorb the poisonous concentrate of the political drug.
The Law of Ukraine “On the election of state deputies” contains a delayed-reaction bomb which is much worse than one or two hundred criminals in the councils of all levels. This bomb is the party election to local councils plus deputies’ immunity. Such legal norms endanger the territorial integrity of Ukraine, can plunge it into chaos, into savage war between mayors and governors, especially in the eastern and southern regions of the country. Undoubtedly, it is the will of some political parties. But do those who state that there is only one Ukraine also want that? If not, then why are they so disgracefully inactive? If the deputies do not form the Constitutional Court before the election, I believe that it will not be possible to regard the election as legitimate at all. Representatives of the monitoring council of the Council of Europe have already hinted at the need to elect the Constitutional Court. Yet, nothing is done. We observe neither the Constitutional Court, nor the actions of the guarantor of the Constitution, nor the Constitution itself!
And happiness was so close! A year ago it seemed that soon we would get to the clear waters of renewed legislation, reformed law enforcement and political systems. However, deputies of all levels and shades have had no time for that before the coming election. As a result, we have found ourselves on another legal reef. Will we survive again? Well if it happens this time, and chaos and interethnic conflicts do not come to Ukraine, our salvation will depend not on officials of all branches of power, but on the common sense of Ukrainian citizens. So, dear compatriots let us disconnect ourselves from the nonsense pipeline and think again what country we want to live in: the country of victorious dictatorship or in a normal European state.
[1] “Druzhba” [“Friendship”] is, in fact, the pipeline which runs from Russia through Ukraine (translator’s note)