It is worth while to discuss some general features of the interrelation of human rights protectors (and more general, between the civil society) and the state. Any state (including those in civilized countries) tends to widen the sphere of its influence, to increase the zones where the life of people is regulated, to decrease the freedom of choice. All this is done for supporting stability and order. Such is the nature of any state. A state servant always considers that he is apriori wiser than a man in the street and that he knows better how the man in the street should live. This expansion is opposed by the civil society, which is a collection of all nongovernmental structures, representing a self-conscious, structured, non-state part of the people. Its political pathos lies in self-identifying with domineering factors of social progress, in understanding its natural superiority over the state. The developed civil society, being the intellectual opponent of the state, forces it to pay attention to public interests and public opinion in all main aspects of internal and external state policy. Human rights protecting organizations, being a typical product of the civil society, focus the public opinion on abusing human rights, i.e. they defend the concept of justice, characteristic for this society, and try to bring such violations to minimum. The main function of human rights protectors is to control the actions of the state apparatus and law enforcing agencies in the sphere of realization and support of human rights, which is, after all, one of the most important duties of the state itself. In this respect a human rights protector must be an etatist.

Both Russia and Ukraine more than once declared their intention to become law-abiding democratic states, they signed most UNO conventions on human rights, they joined the Council of Europe, which makes them obliged to obey the European norms in their legislation and law-applying practice. Although these actions are somewhat declarative, nonetheless they provide some basis for cooperation. That is why the old formula practiced in the totalitarian period: 'protection of citizens' rights from the organized violation on the side of the state' must be complemented by another formula: 'cooperation with the state in the protection of citizen's rights'. The interrelations of human rights protectors and authorities must be constructed through the dialog, and what is important to point out, the direct, honest and tolerant dialog. As far as the state is capable of such dialog, human rights protecting organizations must participate in it. The topic of such dialog is actual support of human rights that are declared the main priority by the state. The character of this dialog was very precisely worded by Sergey Kovaliov who wrote as early as 1988 about 'honest cooperation of the sides which think differently': I would honestly cooperate with the authorities in all where I agree with them, otherwise I shall fight with them by using available legal methods.

By all means human rights protecting organizations must be independent of the state. I believe that human rights protecting organizations must not be subsidized by the state and must not take any privileges, except those common for all NGOs. But independence must not become confrontation. I disagree with the attitude to the state which is shown by some human rights protectors (like E. Polianovskiy, for example) who tend to blame the authorities in all sins. We have that kind of state which we ourselves have deserved. People tend to look for reasons of their troubles anywhere, but not in themselves. Kiva's wish to put an official uniform on human rights protectors is as incorrect as Polianovskiy's struggle for the purity of dissidents' blood: they are pure if they do not cooperate with the authorities, and they are contaminated if they do and take tips from those in power. Here the reader must fancy the paw of the power who generously tips... Whom? Sakharov? Kovaliov? 'Memorial' members? I am afraid that the authorities do not love them.

Many critics reject the possibility to work in commissions on human rights. As if there are universal recipes! In the vast Russia the situation in different regions can be very different: in one the fruitful work of such a commission and the dialog with the administration are quite possible, in others - absolutely impossible, and then we must create alternative public commissions, the way out which was suggested by Moscow Helsinki Group.

It is obvious that our civil society has not formed yet, it has not comprehended its interests and its opportunities. In 1991 - 1993 the democratic institutes were still in the statu nascendi; roughly speaking they were divided into those who were for communists and those who were against. It is naive to believe that the society has gone far from those times. Sakharov and Kovaliov did not become part and parcel of the establishment, they did much to make power democratic, not just paying lip service to democracy. Many people in Ukraine without special interest to politics came to the meetings against the putschists on 19 August under the influence of Sakharov's speeches at the first Congress of the Supreme Soviet. Kovaliov's role in the struggle against the Chechen war is well known. Even literate verbalization of our interests that reachesmany people is a success. The main trouble with us is that not only the civil society, but the state is weak too. The latter has not developed its institutes, has not created counter balance system among its structures. That is why there cannot be a permanent attitude toward representatives of the power. In August 1991 human rights protectors supported Eltsin and were right. In October 1993 many continued to support him, although the both sides of the conflict were not knights without reproach. And was he worth any support during the Chechen war? In his article in 'Izvestiya' E. Polianovskiy reproaches not only Russian human rights protectors, but also Semen Gluzman who lives in Kiev, in Ukraine, and to a certain extent cooperates with the state authorities. It should be understood that the situation in Ukraine somewhat differs from that in Russia. Ukraine has power which is weak and sly; it tends to conceal its weakness and create the illusion of observing international legal norms. Nonetheless, in contrast to Russia, we did not shoot from artillery guns at our Parliament and did not send the army to the Crimea when the latter decided to have its own president. In Ukraine, especially after the speeches of Luzhkov, Zhirinovskiy, Ziuganov and the like, people, especially in the West Ukraine, feel that Russia wants to snatch some part of its territory. But in the East Ukraine the question to whom the Crimea belongs is answered in the same manner as in the West; for example, the answer that the Crimea is Ukrainian was given at the poll by 89% of inhabitants of Lviv and by 81% of inhabitants of Donetsk. In this situation the question to what extent a human rights protector must oppose the authorities and support them is very acute. Any reasonable man in Ukraine understands that the attempt at the sovereignty of the country will have such consequences that will make the Chechen war look like a dolls' tea-party. The main target of human rights protectors is to lower the violence level in their country. That is why Ukrainian human rights protectors cannot afford to become complete opponents of the power until it preserves external peace, peace between nations living in the country and supports some dialog with human rights protecting organizations. However, this dialog is permanently broken by one or another side around concrete circumstances.

I think that the weakness and corruption of state structures both in Ukraine and in Russia are the main danger for human rights. This is very dangerous because a weak state can evolve into a dictatorship, even in a Parliamentary way, like Belorus now and Germany in early thirties. The sooner the civil society develops, the less probable is a dictatorship, hence the danger of military conflicts. That is why civil officers in a weak state who comprehend the insufficient competence of state mechanisms, often try to find contacts with NGOs, not for bribing or tipping them, but hoping that NGOs will assist them to solve certain problems. This happens rather frequently.

That is why, in my opinion, nowadays is not the right time to be aloof and pure. On the contrary, we must act according to the concrete circumstances. Sometimes the only honest policy is rigid opposition, sometimes the same attitude is not honest and even fatal. The times when everybody knew who is a friend and who is an enemy have passed. I hope for ever.

On 6 February 1996 the investigation directorate of MIA in Zhitomir region started a criminal case against V. Portugalov, the general director of the firm 'Ampas' Ltd. Three days later at 6 a.m. servicemen of the department of struggle with organized crime entered Portugalov's apartment and, violating Article 180 of the Criminal-Procedural Code (CPC), began to make a search without the presence of the owner, since the latter was taken to the MIA directorate, violating Articles 43 and 44 of CPC. 12 hours after his detainment he was told that he had been detained on the basis of Article 115 of CPC. It should be noted that this article permits to detain the suspect only under the conditions defined in Articles 106, 106-1 and 107 of CPC. There were no grounds for detainment according to any of these articles. The search in Portugalov's apartment did not reveal any traces of his 'criminal activity': no drugs, no gold, no jewels. From Portugalov's wife's purse the searchers confiscated 100 USD and 20 DM, though she showed a document confirming that this currency was legally bought in the bank, thus the searchers violated Article 186 of CPC. By the way, up to now the money has not been returned to the woman.

Simultaneously with this search in the apartment there was another search at Portugalov's firm (when all responsible executives were absent, which violates Article 181 of CPC). The searchers exempted floppy discs, audio cassettes, a computer, accountant's registers for 1993, contracts for 1993-1994, some other documents and 4, 105 USD belonging to Portugalov (by the way, this sum is not indicated in the documents on the case), a gas pistol and a pneumatic pistol bought legally. All the above-listed 'exhibits' have not been returned.

On 12 February the region procurator, ignoring Articles 148, 150 and 155 of CPC, chooses the sternest measure - incarceration.

14 February a senior lieutenant V. Overchenko came to Portugalov's apartment and, without asking any permission from Portugalov's mother, took ignition keys and two Portugalov's two passports (internal and foreign). Two days later Overchenko visited the apartment again and without any warrant and not writing any protocol took a computer and a videotape recorder, belonging to the firm.

On 15 February 1996 V. Portugalov was officially accused according to Articles 80-2 (violating rules of operations with currency) and 148-2 (dodging taxes). 17 February he is transferred to Zhitomir prison. From 16 February to 29 March the regional tax inspection conducts financial and economic expertise of the illegally exempted documents without the director's presence. In accusation No.2081-96 it is written: 'The criminal case was started by the materials of the inspection of the deal concerning selling living apartments by 'Ampas' Ltd. in 1994.' The first mention of this deal is act No.21-222/05 of 29 March of the regional tax inspection. Thus, the reason for starting the case on 6 February appeared only on 29 March.

On 29 February in 'Radianska Zhitomirshchina', an official newspaper of the regional administration, an article 'Ampas's roof on fire' appeared that communicated the happy news of Portugalov's arrest, turned the night guard of the firm into several bodyguards with the wages of several thousand dollars, the above-mentioned gas and pneumatic pistols turned into firearms, etc. This article and sealing all the stores of the firm caused a considerable material damage and avalanche ruin of 'Ampas'.

17 March the rumor was spread that Portugalov died in the prison. Nobody informed the wife officially, so she turned to the local human rights protecting group created by the constitutional- democratic party and by the interregional union of reforms. The human rights protectors turned to the Head of the regional administration, to the Head of the local MIA directorate and to the chief warden of the prison, from which they got oral and later written certificate that Portugalov was healthy. The family was not permitted to visit Portugalov, since his cell was on quarantine. From reliable sources it became known that no quarantine was set anywhere in the prison. On 4 April the procurator of Zhitomir region prolonged the term for Portugalov's criminal investigation to four months. By this time it became known that Portugalov was gravely ill. Human rights protectors turned to the prison administration for a written certificate of his health. In the certificate obtained it was written that he has got a lengthy list of diseases, the conclusion was that he urgently needs treatment in a hospital. During four months V. Portugalov went all the way from being healthy to being gravely ill.

On 6 August 1996 the region court began the trial of Portugalov. Ten armed soldiers commanded by a captain led the criminal handcuffed to one of the guards to the courtroom. Judge Monich, in violation of Articles 34 and 129 of the Constitution, prohibited the newsmen to record the trial and the public to make notes.

The essence of the accusation was transparent. In 1993 - 1994 'Ampas' built several flats and later sold them to pay the American partners for some goods. The alleged crime consisted in getting by Portugalov a great profit whose part he appropriated, from the other part he did not pay enough tax, and besides he operated in US dollars. Soon it became obvious that the expenditures for building flats were calculated with bias but without accounting for the inflation that reached 10, 200% in 1993 and 400% in 1994. For example, one of the flats in question, according to this quaint calculation, cost only 64 USD! So the profits were grossly exaggerated, and as to operating with US dollars, Portugalov, as a legal person, had the right to do it at that time. When it became obvious that there was no case at all, the judge demanded to carry out additional criminal investigation.

The criminal case was reinvestigated, when on 16 December the term of encarceration ended, but it was prolonged by the region procurator to six months. On 16 February the prolonged term ended and, in violation of Article 156 of CPC Portugalov is still kept in prison without procurator's sanction. On 30 March his criminal case is again returned for the additional investigation, but by whose order and which reason is unknown.

Because of Portugalov's ill health the trial is postponed to September 1997. Summing up, we must say that Portugalov's case was clumsily fabricated by tax inspection. Ђs a result, 'Ampas' Ltd. terminated its existence, 200 people joined the ranks of jobless, in 1996 and 1997 the state did not receive 125, 000 USD of tax annually, for keeping Portugalov in the prison the state wasted 2040 grivnas, and Portugalov himself from healthy man became a hopeless invalid. And it cannot be said that justice triumphed.

Ukrainian Association of Amnesty International (UAAI) sponsored by international foundation 'Vidrodzhennya' held a seminar for headmasters and teachers from all regions of Ukraine on teaching the subject 'Human rights' in Ukrainian schools.

Organizers of the seminar were V. Pivnitskiy, the Deputy Head of UAAI, members of Lutsk group of UAAI and headmaster of school No.26 in Lutsk D. Gnatiuk. Theoretical lectures were delivered by senior teacher of the Academy of Internal Affairs, major-colonel of militia Olga Shevchenko.

The Directorate of human rights at the Council of Europe and Ukrainian Association Amnesty International held a seminar in Donetsk devoted to the topic 'European Convention on human rights and court reform in Ukraine'. Many speakers remarked at the seminar that Ukraine keeps applying secret instructions and other acts violating human rights (for example, the death penalty), and the Ukrainian Parliament has not adopted the law on prophylaxis which stipulates that each draft of a new law must be submitted to expertise with the aim to prevent negative consequences of its adoption.

Most discussions were devoted to insufficient professionalism of some judges and to the cooperation of the Council of Europe with human rights protectors. V. Stretovich, the Chairman of the Parliamentary Commission on court reform, had to confess that corruption and bribe-taking at the top has become a danger to the state. 'Motherland is in danger! ' he exclaimed. Here are some report titles by which the main content of the seminar can be characterized:

- Negative phenomena in the court system of Ukraine (A. Rybalka, Republic of the Crimea);

- Corruption of judges as an obstacle to developing Ukraine into a democratic state (E. Ratnikova, Donetsk);

- Arbitrary court decisions in Ukraine and possible ways of resistance (R. Mukhamedzhanov, Dnepropetrovsk).

The participants unanimously agreed that the moratorium must be decreed on life-long election of judges, since the majority of them are unsuitable for this vocation, and the procedure of appointing to these posts does not correspond to democratic principles.

Practically everybody agreed that in the discussion of the candidates to judges independent representatives of the public and human rights protectors should participate.

The participants of the seminar repeated the demand to dismiss V. Boyko, Chairman of Supreme Court of Ukraine, and a number of chairmen of region courts. In this connection the draft of the law on the court structure published by the Supreme Court was criticized, since even the Soviet norms, that stipulated participation of representatives of the public in the trial, are ignored in the draft.

A number of concrete measures was suggested in order to minimize the arbitrary decisions of our 'independent' judges:

1. To support the demand of all human rights protecting organizations of Ukraine to have Parliamentary hearing on human rights with the participation of representatives from these groups.

2. To introduce the inspection of trials by independent experts.

3. To attest judges, against whom citizens often complain, with the participation of human rights protectors.

4. To introduce disciplinary responsibility of judges if the number of cancelled or changed decisions of the judges per year exceeds the prescribed level.

Without these and similar measures no laws will protect us from arbitrary actions of accidental persons who have become judges only because of the drawbacks in the selection system.

Participants of the seminar asked the Council of Europe to pay more attention to trampling rights of Ukrainian citizens and to support human rights protecting groups. Experts from the Council of Europe showed a positive reaction.

In Donetsk region frontier guards drag out Crimean Tartars, citizens of Uzbekistan, from the trains and send them back, as it was communicated by R. Chubarov, vice-speaker of the Crimean Parliament. The Ukrainian frontier guards explain that the Crimean Tartars have no entrance visas. However, according to Chubarov, Uzbek ambassador in Ukraine A. Khodzhayev stated that 'no changes in the procedure of entrance-exit of citizens of Uzbekistan to Ukraine and citizens of Ukraine to Uzbekistan have been introduced, thus the entrance-exit visas are not needed'.

The term of the present Parliament will finish in March 1998, and up to this date neither the post of the Ombudsman nor the Supreme Council of Justice will appear, although this is stipulated by the Ukrainian Constitution. This pessimistic view was communicated by V. Stretovich, Head of the Parliamentary Committee of justice and court reforms, at a press conference. He remarked that since the autumn of 1997 'the Parliament will become uncontrollable because all MPs will be busy with the preparation to the next election'.

V. Stretovich described 'the fight not about the content of laws but around some MPs who pretend to occupy posts in these bodies' as another factor that would cause postponement of these laws. V. Stretovich also pointed out that the appearance of the Supreme Council of Justice in Ukraine was desperately needed because it would 'monitor the execution by judges the oath to be faithful to the Constitution', whereas 'judges in Ukraine leave much to be desired'. The latter assessment became obvious when the Parliamentary Committee considered candidates for judges. The Committee has already selected 700 judges of all levels and intends to select 442 more. According to V. Stretovich, his Committee will not recommend as judges those candidates who do not know the Ukrainian language.

This index takes account of the mean lifetime, education level and adequate living standard. These data were given in 1997 to the UNO in the framework of the special UNO program. Among 175 countries, where this coefficient was calculated, the leading places were occupied by Canada, France, Norway, the USA and the Netherlands. Among the developing countries the leading places were won by Honkong, Cyprus and Barbados. The list was closed by Sierra-Leone, Ruandi and Nigeria.

Among the countries of the former Soviet block and the CIS Hungary occupied the 48th place, Poland - 58, Belorus - 62, Russia - 67, Cuba - 86, Kazakhstan - 93, Georgia - 105, Moldova - 110.

The UNO report stresses that in the countries of the former Soviet Union the part of the population that lives below the poverty line has been steadily growing during last ten years: from 4 million to 120 million.

The average income of the Ukrainian population at the beginning of 1997 was 70 grivnas 86 kopeks per month: 92 grivnas 86 kopeks had town dwellers and 47 grivnas 02 kopeks had the village population.

The Ministry of Statistics communicated that the number of people with the average monthly income up to 10 grivnas was, in the first three months of the year, 1 million (2%), 11.8 million (23.3%) had the income in the range of 60.1 - 90 grivnas, 7 million (13.8%) had the income in the range 90.1 - 120 grivnas, 0.4 million (0.8%) had the income above 300 grivnas. The survival minimum is determined to be 70 grivnas 90 kopeks per month, but 27.6 million (54.5%) had a smaller income. To compare, in the same period of 1996 the survival minimum was 68 grivnas 10 kopeks per month and 32 million (63%) had smaller incomes. The level of money income of the poorest 10% of the population was 13.4 times lower than that of the richest 10%.

Mikola Biloblotskiy, the Minister of Labour of Ukraine, informed the Cabinet of Ministers that by the state on 1 May 1997 about half a million of jobless are officially registered. According to the forecast of the Ministry of Labour, this number will reach 1.1 million by the end of the year.

Miners from Chervonograd (Lviv region) marked a one-year anniversary of not obtaining wages. They celebrated this event with protest actions. Mikhaylo Masnyk, Deputy Head of the territorial miners trade union, informed that protest actions started at 3 out of 11 operating mines. The miners of Velikomostivska mine No.9 stopped the shipments of coal. On mine No.4 17 miners went on a hunger strike. The most complicated situation according to Mr Masnyk is observed at mine No.10 where the miners went on the industrial strike. The state owes each miner several thousands grivnas.

Offended by such attitude of the state, the miners held a meeting during which they brought to the central town square a coffin that symbolized the place where their wages had been buried. They intend to hand this coffin to the Minister of coal mining. Mr Masnyk also said that quite possibly the work would stop at other mines of Chervonograd.

More than 1500 homeless children who begged in the streets have been detained by militia in Donetsk region since the beginning of the year. Several criminal cases have been started against adults who encouraged children to beg. This problem is especially acute in larger towns: Donetsk, Makeyevka, Gorlovka, Mariupol, Kramatorsk, Slaviansk.

This problem is difficult to solve since most orphanages in the region are intended for children up to eight years old, so when older children are detained as tramps and beggars , it is not known where to direct them. Two collecting points that exist in the region are overcrowded.

At last the new budget-97 has been adopted. And it became clear that financing of education would be reduced by 54% and would make 3.85% of the GNP.

A gross reduction of the teaching personnel in higher schools is planned: the ratio of teachers to students must not be better than 1: 13. The number of students will be reduced as well. Since now the number of students enlisted will depend on the proportion of the previous-year graduates who found the job according to their speciality. The results are obvious and the prospects are bleak. Under the conditions of the falling industry and locking enterprises, some specialities can become extinct.

There is a positive side to these reforms: the number of officially registered jobless will become less, since graduates from high schools, who have no speciality and look for a job for the first time, are not registered as jobless.

'Den', No.80, May 1997

By 10 April 1997 the population of Ukraine have paid only 29% of the accumulated pay for rent and communal services. The debts are distributed as follows: rent - 34.6%, pay for gas - 34.1%, heating - 18.6%, cold water and canalization - 7.1%, hot water - 5.5%, removal of garbage - 0.1%. Among debtors there are 54% of tenants (4.5 million), 3 million out of them have debts for two months or more.

The epidemic situation in Ukraine with respect to spreading AIDS is becoming worse, whereas in the capital it has become critical. That piece of information was made public at the conference of the National Committee for prophylaxis of narcomania and AIDS.

Only during the first 4 months of the current year 4913 new cases of AIDS infection were found out, most in Donetsk region: 1227. In Kiev only during May 86 new cases were registered, to thirds of them are drug addicts that caught the disease from injections.

Along with the operative state the Committee considered also how the confirmed methods for the prophylaxis of narcomania and AIDS are fulfilled in Kiev, Donetsk region and the Crimea, according to the results of inspections. The Committee also discussed the concept of the III National Program for prophylaxis of narcomania and AIDS for 1998 - 2000.

The Committee assessed as insatisfactory the work of Kiev administration and Kievan Coordination Council for struggle with narcomania in the sphere of prophylaxis of narcomania and AIDS. The Committee charged Kiev administration to solve by 1 August 1997 the question of creating the city center for prophylaxis of AIDS, the establishment that shall fulfil the functions of organizing and realizing, in the city of Kiev, a complex of prophylactic, diagnostic and therapeutic measures against AIDS; the second task is to create during June and July 'trust wards' in existing hospitals for voluntary, anonymous and confidential examination of Kievans with respect to AIDS.

The Committee asked the Cabinet of Ministers to introduce changes into the Republican Program of AIDS prophylaxis during 1996 - 1997 and to include, as a separate part, development and realization of measures of AIDS prophylaxis among the higher-risk groups and to solve the question of the medical and social provision of children who were born by AIDS-infected mothers. The Committee proposed to Donetsk region administration to carry out special prophylactic measures for preventing AIDS among drug addicts and hand these programs to the Committee for obtaining the needed finances; besides, the administration is obliged, by the end of 1997, to organize an asylum for AIDS-infected children and adults who cannot be treated at home, and by 1 August Donetsk region administration must organize an immunological laboratory and open in one of Donetsk hospitals a special department for the treatment of AIDS-infected.

The Committee approved the draft of the concept of the III National Program for prophylaxis of narcomania and AIDS for 1998 - 2000.

Specialists consider that the number of AIDS-infected in Donetsk region is now about 40 thousand. During 1987 - 1995 only 75 AIDS-infected were registered, but in 1996 the number of registered cases soared to 1995. During the first four months of 1997 the number of such cases counted 1200. 'This is an epidemic', - said Aleksandr Orda, the Head of the Directorate of heath protection of Donetsk region at a meeting of regional administration. In Mr Orda's opinion, the cumulative number of cases by 2000 will be about 50 thousand. The UNIAN press agency communicated that doctors consider the situation in Donetsk, Mariupol, Gorlovka and Kramatorsk as the most critical. About 84% of AIDS-infected in these towns are drug addicts. During the previous year less than 50% of registered drug addicts, who use injections, were examined.

Fast growth of AIDS-infected convicts is observed in the regional prisons (601 case). The number of AIDS-infected among blood donors has been found to grow.

V. Lobas, the Deputy Head of regional administration, suggested to evaluate the work of local authorities, using their successes in the struggle with AIDS as one of the main criteria.

'This is a real epidemic', say the specialists of Odessa regional center of prophylaxis of AIDS. By now they have registered more than 6, 000 AIDS-infected. About 100 of them are new-born babies. Soon there will appear more because some AIDS-infected women are pregnant. Many young mothers, having learned that their babies are AIDS-infected, refuse from their children.

The number of people who caught the disease in sexual relations grew from 20 to 37% in a short time. This means that since now the number of AIDS-infected will grow in a geometrical progression.

The number given in the title is official data, but, according to non-official statistics, this number is ten times more. This figures were communicated by V. Ivasiuk, the Head of the National Committee for prophylaxis of narcomania and AIDS, at a press conference. He pointed out that, according to statistics, 70% of drug addicts use self-made preparations from poppy straw. Lately, the number of people who use hard drugs (heroin, cocain) and stimulators (mainly 'ecstasy') has considerably grown. About 90% of the registered drug addicts have less than 25 years of age, women making one third of them (the data of the Ministry of Health Protection are somewhat different: up to 30 and one fifth are women), the mean lifetime of drug addicts decreases by six month every year.

V. Ivasiuk also remarked that the problem of drug addicts is closely related with AIDS. In 1997 the number of the registered AIDS- infected grew more than by 100 times compared to 1994. The struggle of law enforcing agencies with narcobusiness is not efficient enough. About 90% of criminally prosecuted are small pushers who are drug addicts themselves. Barons of narcobusiness avoid the nets of militia.

Servile medical press permanently rights that a structural reconstruction is carried in medical aid, and that first of all this 'perestroyka' concerns hospitals for tuberculosis, infectious diseases and psychiatric patients. In actual fact quite another process takes place: the hospitals are reduced.

Psychiatric hospital No.15 in Kharkov is reduced quite pitilessly. In January 250 places were cancelled, in February - 130 more, since 1 May - 340 again. All in all, in five months the hospital lost 720 places. At present the regional directorate of 'health protection' insists on reducing 500 places more. Thus, from 2, 400 only 1, 180 places will remain. On the average the hospital accepts 15 or more thousand patients per year. Last year 46-50 patients were enlisted every day.

This year the number of patients enlisted in one day is 35-40. If the hospital has only 1, 180 places, then a patient could be kept, on the average, for 15-17 days, while this indicator in Ukraine for psychiatric patients is 68.

City authorities persuade psychiatrists that the patients must be sent home. But the patients after 15-16 days of treatment still need to be under surveillance and take medication three times a day. Besides, such people cannot cook food, cannot buy medicine, and most of them do not understand that they are ill. Besides, they would not have money to buy food and medicine, since the pension to invalids is negligible.

Two departments for children have been practically reduced to zero. As a result, children are kept in basements.

By the way, such heartless attitude to mental cases is specific for Kharkiv region. In Dniepropetrovsk only 170 places out of 2, 690 were reduced, in Donetsk - 70 places and in Lviv - not a single one.

'Vecherniy Kharkiv', 14 June 1997

The fast deterioration of free medical aid that we observe recently results in a catastrophe for socially unprotected layers of the population. More and more often we observe the cases when patients are refused of medical aid. It concerns also psychiatric patients. Here is one case in which Kharkiv Group for human rights protection (KG) was involved.

A woman, D., complained to the districtal psychiatric dispensary, that her mother, who had been treated in this dispensary, got an acute condition: she refused to take food and revealed suicidal attempts. The doctor persuaded D. not to send mother to the hospital and refused to give the direction. He gave this direction only after the patient ran out of house and lay across tram rails. But he still insistently advised D. to keep mother at home. But the acute condition continued and D. summoned an ambulance. When the ambulance crew learned the age of the patient, they refused to take the patient to the hospital. D. complained to KG. During four days KG insisted on the hospitalization of D.'s mother. This four-day period ended tragically: D.'s mother put the apartment on fire and died of burns and asphyxia.

Juridically, the actions of the ambulance crew fall under Article 113 of CC: rendering no medical aid with dire consequences. The article stipulates encarceration for 3 years. This article is permanently violated in the medical practice, especially by doctors from motor ambulances. It seems that most medical workers are merely ignorant of the existence of this article.

I was a witness when an ambulance crew refused to take to hospital a 75-year-old woman in the terminal state after insult. I reminded the crew on their responsibility according to Article 113. Then the crew started to aid the woman. The ambulance doctor said that he has got the instruction from the city health department to take to hospitals only those insult patients who are younger than 50. Our request to the city health department got an answer that such instruction does not exist, but we came across with similar cases again and again. It looks that this instruction exists, but only in the oral form.

It is difficult to understand why not a single of the top politicians of Ukraine is interested in the global catastrophe of medicine in Ukraine, why no one tries to embody well-known methods of insurance medicine.

How well it would be to live in a normal country!

'Social monitoring' center and Ukrainian center of economic and political studies published some results of studying problems of the Ukrainian army. The results are terrifying: the attitude of half polled officers to their supreme commanders-in-chief 'is negative', another third - 'quite negative'; the attitude of two thirds of officers to the Minister of Defence is 'quite negative'. The majority of the officers do not approve of the state policy.

The Ukrainian soldier is illiterate, one third of recruits has not finished higher school. Last year almost 15 thousand recruits dodged the military service. One of the reasons is the beggarly state of a servicemen. Soldiers beg in the streets since their food costs 1 grivna 58 kop. per day (less than 1 USD). The soldiers' wages is 16 grivnas per month, but the wages are not paid. There are many diseased in the army, including mental cases.

The defence budget of Ukraine was reduced by 4.2 times in 1992-1994, in 1995-1996 it was further reduced by 32%. Our neighbors increase their defence expenditures: Bolgaria by 23%, Poland by 31%. Russia defence budget in 1995-1996 grew by 17%.

'Social monitoring' center and Ukrainian center of economic and political studies have come to the following conclusions:

1. The armed forces of Ukraine cannot be considered as a fullvalued army, they are not capable to fulfil their main task - to guarantee the defence of the state and people of Ukraine.

2. Modern level of material and social provisions, of military ideology and battle training make the Ukrainian army a destabilizing force in the society.

'Kievskiye vedomosti', 30 May 1997

***

About 100 quite illiterate soldiers serve now in Odessa military Command. They can neither read nor write. They were recruited in various regions of Ukraine. What is the use of such personnel? By the way, the Ukrainian legislation does not include any clauses dealing with such situation (the Soviet legislation did! ) The legislation stipulates many causes for postponing call-up, but illiteracy is not one of them.

'Golos Ukrainy', 10 June 1997

***

M. Shutaleva, a representative of the committee of soldiers' mothers, was expelled from the recruiting commission of Kharkiv regional military commissariat. This commission had been created by the region administration for solving doubtful cases.

I. Chudnovskiy, Head of the Directorate of defence and mobilization of Kharkiv region administration, declared that the position of Shutaleva had often differd from those of other commission members, thus her position was inconstructive. M. Shutaleva agreed that she had dared to express opinions differing from those of her colleagues. In particular, she insisted that post-graduates of higher schools should be postponed from the call-up.

The organization of soldiers' mothers of Ukraine has communicated that similar dismissals occurred in many regions.

'Vremia', 19 June

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The Ukrainian Parliament introduced a change in the law 'On common military obligation and military service', having granted the postponement in the call-up for post-graduates of higher schools.

'Grani', No.25, June 1997

Some figures have been summed up about the spring and autumn call-up for 1996 in Zaporozhye.

The recruits, as general-major E. Gorbylev, the Head of regional Military Commissariat, communicated, mainly belong to poorest and lowest-class families. Their education is low: about 40% finished 5 or 6 grades. The physical condition of the recruits is extremely low: out of 13, 755 recruits 245 were found, by the regional medical commission, to be not able-bodied.

P. Zubkov, the first deputy of region procurator, said that 1036 deserters or recruits dodging the call-up are searched in the region. During 1996 seven officers from military commissariats (conscription centers) were caught for taking bribes.

Many youngsters would not make good recruits, as G. Balashov, the Head of the Regional Directorate of health protection, said: 253 youngsters are registered as VD patients, 604 are registered as drug addicts.

The Court Martial of Zaporozhye garrison has recently completed a six-month investigation of seven servicemen for dedovshchina ('cruel attitude to junior servicemen contradicting the Articles of War', as the verdicts formulates it).

Privates A. Roganin and V. Roganin, D. Shamshik, D. Babayev, junior sergeants S. Kovaliov, S. Tsybulko, sergeant A. Voevoda systematically and inhumanly tortured young servicemen, beat them, extorted things, woke up at night and forced to press up from the floor. Those who could not fulfil the norm were kicked and beaten by stools; younger servicemen were sent to the city to fetch drinks and cigarettes, if the cigarettes were of Ukrainian brand, the 'deds' made youngsters swallow the cigarettes.

The court condemned the guilty for the terms from three to five years of the strengthened-regime colony.

Court Martial in Zaporozhye condemned A. Baranov, the first sergeant of the platoon, to five years of encarceration in a strengthened- regime colony for 'dedovshchina'. He beat younger soldiers, chiseled money, cigarettes and food. He branded, using his lighter, those who did not obey. Private Savranskiy could not stand such treatment any more and stabbed his sergeant with a pointed electrode. Only after this, the commanders could not close the matter.

Six other sufferers confirmed their evidence given during the preliminary investigation. From their evidence it followed that the life in the barrack was hell. Lieutenant Sergeev, the platoon commander, declared in court that the situation in the barrack was normal and he knew nothing of any break of discipline. The court sent the commandment of the military unit a note on the inadequate fulfillment of duties by lieutenant Sergeev.

'Kievskiye vedomosti', 30 May 1997

According to the official data in March 1997 the penitentiary system in Ukraine counted 184 establishment, housing 225.7 thousand convicts. Besides, there were 136.1 thousand of the condemned but left outside prisons. The penitentiary system is serviced by 43.2 thousand of personnel.

Recently experts from the Council of Europe inspected the penitentiary system and came to the conclusion that, under the present conditions, Ukrainian authorities must consider the construction of the autonomous imprisonment structure. According to the experts' opinion, it will enable the state to conduct a distinct coordinated policy in the penitentiary problems.

The Ministries of Internal Affairs and of Justice must jointly develop the mechanism of the possible transfer of the penitentiary system under the jurisdiction of the Ministry of Justice and to hand the developed propositions to the Cabinet of Ministers before 1 September of this year.

'Ukraina moloda', No.91, May 1997

On 5 September 1996 S. Falkovich, a teacher, was arrested for raping a nine-year-old girl in Cherkassy. Falkovich stays in the prison, and someone continues to attack women and little girls in the same neighborhood. During seven months of Falkovich's encarceration the detective managed to obtain one proof: the victim identified him. By the way, the child was questioned by an inexperienced post-graduate, though it must be done by a professional with the duration of work as a psychologist not less than 5 years. Falkovich appealed to the region procurator, complaining that the detectives third-degreed him. The medical point of the prison registered that Falkovich had been beaten.

'Nezavisimost', Nos. 88-89, May 1997

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The All-Ukrainian Committee for human rights protection continues the opposition toward Cherkassy procurator. In March the Committee organized a picket under the windows of the procurator's office. After this action the region procurator P. Kushnir unwillingly confessed that the investigation of Falkovich's criminal case was conducted not satisfactorily and issued an order to punish in the disciplinary line the city procurator P. Koval and some his collaborators.

In May the Committee organized a meeting devoted to human rights protection. The participants demanded to sack the city procurator.

In the end of May the Committee resumed picketing in front of the building of the region administration. They announced that human rights, the Constitution of Ukraine, the International Pact on civil and political rights and the International Treaty on prohibiting torture are violated by the city procurator's office. Recently the Supreme Court of Ukraine demanded for inspection the files concerning Falkovich's case.

'Nezavisimost', Nos. 103-104, June 1997

Such a number of crimes is, on the average, registered by the Ministry of Internal Affairs every day. This number was made public by general-major V. Zubchuk, the Head of MIA headquarters. He also said that the total material damage from crimes equals 118, 048, 236 grivnas. At the same time he stated that the level of crime among minors decreased, compared with the previous year, by 0.8%. V. Zubchuk added that streets, squares and parks became safer, the level of crime in these places decreased by 13.7%. He also pointed out that, compared with 1996, the number of crimes with the use of firearms significantly fell down (this year their number was 619, including 112 murders, which is 436 crimes less than in the previous year).

The Ukrainian Parliament adopted the law 'On amnesty to celebrate the first anniversary of the Ukrainian Constitution'. According to this law, about 90, 000 will be amnestied. Last year 17, 000 were amnestied to celebrate the Independence Day.

According to the law, the last amnesty will concern people condemned for less dangerous crimes, as well as minors, parents of children younger than 16, pregnant women, men older than 55 and women older than 50. Besides, war veterans, invalids of the first two groups, diseased with active TB, oncological patients (of second, third and fourth groups), liquidators and victims of Chernobyl catastrophe.

According to general-lieutenant M. Kornienko, the Head of the Main Directorate of the Crimean department of MIA, the militia purges its members who are incompetent or dishonest. In 1996 more than 3000 workers of the Crimean militia were punished and more than 1000 were sacked.

In Nizhnegorskiy district two militiamen beat a sovkhoz laborer so cruelly that he died. The procurator's office started the criminal case by the initiative of militia. An especially dangerous criminal escaped from Chernomorskiy precinct because the militiamen, who guarded him, fell asleep. In Simferopol a thief who had committed 17 thefts was detained, but the cops, who escorted him, let him escape. For these lapses commanders of the precincts of Nizhnegorskiy and Chernomorskiy districts were dismissed together with five other militiamen; fifteen more were punished disciplinary.

According to militia, handguns without much trouble can be bought for 600 - 700 USD apiece, a cartridge costs 2 USD, a grenade - 50, a dynamite stick - 20.

Only in several recent days the militia exempted from Kharkovites several nonregistered shotguns, a gas pistol, a Kalashnikov, a machine-gun (! ), two artillery shells, two mortar mines and a hand grenade.

Militiamen of Odessa region searched the villa owned by the president of the firm 'Odessa' E. Esko. As a result they found a Kalashnikov, two grenade-throwers, a carbine, three handguns, three sights (two of them laser ones), a crossbow, 6, 000 cartridges and other weapons that would suffice to arm a section of soldiers. That fact was communicated by militia major-colonel Ya. Korytniuk. He added that a criminal case was started against Esko, and the latter was detained.

Exactly as many criminal gangs consisting of 1818 criminals have been disclosed and rendered harmless during 5 months of the current year. The criminal investigation showed that these criminals committed 2760 crimes, among them 42 murders, 193 robberies and 159 major thefts. Militia confiscated 92 firearms, 76 cars, 310 kg of drugs. This information was made public by the Main Directorate of the struggle with the organized crime.

In particular, in Donetsk region the activity of an organized criminal group including several state officials was disclosed which under the name of 'Karat' Co. dodged the taxes by falsifying accounting documents on coal mining and selling coal, which activity damaged the state by 2.6 million grivnas.

CURRENT EVENTS

Any day there are current events. The President goes from and comes to the country, Prime Ministers get and loose their post, etc. All this is an official routine reported elsewhere. In our bulletin we describe events in the civil society.

On June, 12, 1997 the procedure of hoisting flags on the ships of the Russian Black Sea Navy in Sebastopol took place. Representatives of the pro-Russian organizations of the city organized a picket, thus expressing their disagreement with the contents of Russian-Ukrainian agreements signed in Kiev in May. Later in the day a meeting was held on Nakhimov square; it was dedicated to the Day of independence of Russia and attended by about 150 people. Most of the speakers declared that they did not recognize that holiday and as Shuvaynikov, who represented the Russian People Congress, called this holiday the Day of 'shameful betrayal of the Russian people'. Some participants of the meeting decorated Russian flags with black bands. The speakers blamed Yids and masons such as 'Gusinskiy, Berezovskiy, Chubayis and 50 other Yids who govern Russia and pull the strings of their puppet Boris Eltsin' (L. Khodos from the Russian party of the Crimea); 'Yids who for the second time after 1917 take the country apart' were mentioned by M. Sibileva from the Society of Russian culture. L. Khodos aired the opinion that 'Russia needs a "Black Colonel" who will head the armed forces and will throw down Yids and masons militarily'. The meeting was organized by the All-Crimean Movement of electors for the Crimean Republic and by the Russian Community of Sebastopol.

The first workshop of the problem of the Jewish population in the South of Ukraine was held in Zaporozhye in the building of the synagogue. This workshop was organized by Zaporozhye University and by Zaporozhye branch of the society 'Ukraine-Israel'.

Among the participants of the workshop there were many scholars, doctors, candidates and post-graduates, not only from Zaporozhye University but from National University (Kiev), National Museum (Kiev), Dnieper-region Jewish University and from many other cities of Ukraine (Dnepropetrovsk, Krivoy Rog, Nikolayev, etc.).

The workshop consisted of plenary meeting and sections. Historians, philosophers, ethnologists and specialists of related disciplines made reports. Many young people took part in the workshop: students of higher schools and even one student of a high school. The topics were various: from the ancient to modern history of Jews in the South of Ukraine to description of Jews in Ukrainian and Russian fiction. All in all 70 reports were delivered. Summaries of these reports will be published.

Donetsk region council overruled the protest of the region procurator against the resolution that the council had taken on 21 March about the use of the Russian language in the region. The council recommended to local administrations to solve the problem, which language may be used at work and in official documents, by themselves, according to the Ukrainian law 'On local administration in Ukraine'.

National states are divided according to the nations which are basic for the state.

A cultured nation is a nation where common economic and territorial interests are reinforced by the strong, traditional lingual-cultural orientation of the basic ethnos.

According to the attitude to the above-mentioned lingual-cultural orientation, the citizens of Ukraine can be classified into four categories: autochtones, i.e. those who were born in the Ukrainian-speaking districts and never changed the language; neophytes, who were born and bred in Russian-speaking districts, but now are actively tending to the Ukrainian-speaking domain; skeptics, those who have no animosity to the Ukrainian deal, but doubt its final success; nihilists, who unconditionally reject the Ukrainian idea as having no prospects and even harmful.

Two first categories form the engine to pull people to the Ukrainian cultural future. Unfortunately, some autochtones tend to regard neophytes as non-Ukrainians, whereas neophytes regard autochtones as peasants. The results of this dispute are rather sad because offended neophytes join the ranks of skeptics, whereas autochtones become more and more like a closed sect which is quite sure that only they have the right to have judgements on the Ukrainian culture and language in the world. Meanwhile, skeptics loose any interest in the local policy and find their niche anywhere except in the Ukrainian idea, by and by turning into open nihilists.

'Den', No.81, May 1997

On the initiative and under the aegis of Kharkiv branch of Republican Christian Party a 'Bureau for human rights protection' has been opened. The purpose of the new structure is to grant juridical aid both to private persons and political parties and movements.

'Grani', No.23, June 1997

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Representation of the directorate of the UNO Supreme Commissar in refugees' affairs in Ukraine, which is an international humanitarian organization, and the Ukrainian organization 'Adventist agency for aid and development' opened the first consultative service for refugees and those looking for asylum. The organization was opened on 6 June 1997 in Uzhgorod. Transcarpathian region has common frontiers with four countries, which causes a great number of migration problems.

'Vseukrainskiye vedomosti', No.102, June 1997

All the notes where the author or the source is not indicated are taken from the materials of the UNIAN agency.