CRISIS

If Ukraine is so rich, who is responsible for the poverty of her citizens?

Viktor Kochera, Member of Parliament

The Ukrainian Constitution reads: 'The state is responsible before citizens for its activity'. It is to look around to see that there is a lot to be responsible for, since during the time of its autonomous existence the country undergoes a permanent system crisis which has covered all the spheres of the society, especially its economy.

The crisis is total and non-stopping. It resulted in sharp social problems, in the abrupt fall of the living standard of the working classes, as well as of pensioners, students, etc. The gross national product has decreased as never before. The external economic ties are inadequate and the Ukrainian economy became absolutely dependent on imports.

The statistical data are appalling. During the last six years the gross national product decreased by 6.4 times, the output of industry and agriculture decreased by more than half in the same six years. The light industry, the leading branches of machinebuilding, especially in the military branch, as well as other high technologies, were practically destroyed. The production of meat and milk decreased by six times, the production of sausages, pastry, vegetable and fruit products, and even salt decreased by three times. The production of butter, sugar, bread decreased by two times. In 1996, compared to 1990, the production of cloth decreased by eight times.

Last year the harvest of grain was 22.5% less than in 1940. Specialists say that animal breeding has reached the level of 45 years ago. The disproportion in costs between industry and agriculture has grown: whole sale costs in industry grew seven to nine times faster than in agriculture. The external debt of Ukraine equals 9 billion USD, but only 564 million USD were directed as investments to the economy. In order to service the external debt 2.645 billion grivnas were spent in 1997, which is 1.8 times more than financing of national medicine and 2.5 times more than financing of education. The state policy destroyed all money savings of the population in the national bank. The debt for unpaid wages equaled 4.169 billion grivnas in the beginning of 1997.

In 1997 the money income of the population was, on the average, 63.7 grivnas per head. The real income decreased by 23.8%. The conditional minimum monthly basket of 22 kinds of food is estimated to cost 55.4 grivnas, but 67% families has the monthly income per head less or equal to 50 grivnas; the income of 26% lies in the range of 50-100 grivnas. According to the data of the statistical bureau of the European Commission, the purchasing power index in Ukraine is one of the lowest in Europe: it equals 17% of the European norm.

Thus, it is not surprising that the public opinion more and more often sets the question on the criminal responsibility of concrete top authorities for such results of governing the state as a whole and of separate branches of people's economy or of separate regions. This position is worded in numerous letters and declarations sent to the Ukrainian Parliament.

That is why the Ukrainian Parliament began the discussion on starting criminal prosecution of top officials and thus fill the gap in the criminal legislation. Now, the discussions are held in the Parliament on the law 'On additions to the Criminal and Criminal-Procedural Code of Ukraine' just with this purpose.

Editor's note. These legal innovations can be easily explained by the fact that the Parliamentary elections are to be held in March 1998, but the figures are really appalling.

Ukrainian light industry has not died yet but it is not alive

N. Prishliak, UNIAN

The fact that our light industry is dying can be easily observed by customers. Markets and shops are packed with imported goods. According to the Ministry of Economy, the proportion of imported consumer goods (without food products) overtook 70%, it mainly consists of monotonous low-quality items.

The imported goods have only one advantage -- they are several times cheeper than those made in Ukraine and sold in state shops. It is very difficult to find patriots to buy expensive Ukrainian goods that also do not pretend to follow the latest fashion.

This does not mean that the light industry in Ukraine is unable to produce high-quality goods. The state custom service affirms that in the first half of 1997 the country exported clothing for 173.3 million USD and footwear for 36.2 million USD, whereas the corresponding import caused only 23.9 and 27.7 million USD, respectively (Here official wholesale import is meant, but the bulk of the imported goods is brought by petty peddlars, unoficially and unaccountably.-- Editor's Note). The exported goods were mainly produced by foreign and mixed firms that use the imported raw materials and furniture and pay to Ukrainian workers 10-15 times less than in the West. In this way the firms produce high-quality goods that are rather cheep. We understand that this is not the best variant of cooperation, but it permits to occupy the jobless.

Nowadays, the proportion of the goods produced from the imported raw materials reaches 77.2% of cotton clothes, 74.4% in tailor industry and 31.8% in footwear production. The output of the Ukrainian light industry is rapidly falling down: in 1996 only 16.5% were produced compared to 100% in 1990.

The mass produce of the Ukrainian light industry is not demanded: in 1997 the sails made 68% as compared to 1996. The industry is not rentable, the total losses in 1997 equaled 7.9 million grivnas.

All these data testify that the light industry in Ukraine has not died yet, but it cannoit be called alive and kicking. The government and the Parliament take numerous resolutions how to lead the branch from the critical state. In particular, the changes have been prepared to the Ukrainian law 'On taxing income of enterprises' where it is planned to tax the income from selling imported goods by 40% or more. Besides, some changes were prepared to the Custom Code: it is planned to increase the custom tax for the imported goods which are brought by physical persons, independently of the total cost of the shipment. Another draft of the government resolution was prepared for the temporary increase of the custom tax for some consumer goods which can be produced in Ukraine in sufficient quantities.

On unemployment

Nikolay Biloblotsky, the Minister of Labour of Ukraine, informed that the level of the hidden unemployment by the end of the first quarter of 1997 equalled 3.4 million people or 25.2% of the total number of working citizens. In the same period only 19.4 thousand new jobs were created, which is about 70% of the number of the corresponding period in 1996. The situation in mining regions is especially acute.

'Vseukrainskiye vedomosti', No.99, 1997

Prices grow

Prices for food products in Kyev have grown by 8.6%, for consumer goods -- by 3.5%, compared to 1996. Costs of services have grown even more -- by 9.4%. Among the food products the prices for oil, sugar, meat and vegetables have grown most of all. These data were made public during a conference of the Kyev administration.

The REUTER warns that grivna may fall

Yulia Astakhova, UNIAN

A REUTER newsman in his interview with an economist, who desired to remain unknown, learned that the Ukrainian national currency may abruptly fall down in the near future. Stuart Parkinson, an economist from London, joins this opinion adding that 'Ukraine is a riddle, her markets do not possess liquidity and do not obey any usual rules'.

The shattering wave of the crisis at Gonkong and New York exchanges did not touch Ukraine at all. It resembles an old joke about uncatchable Joe whom nobody could catch because nobody needed him. The national bank reserve which, according to Ukrainian news agency, equals only 282.5 million USD makes Western analysts fear that the Ukrainian National Bank will not be able to support the exchange rate within the set restrictions of 1.75 - 1.90 grivnas per dollar during the first half of 1998. The British journal 'Economist' assesses the investment risk to Ukraine as 8 balls on the 12-ball scale. The international currency fund made its contribution to the 'grivna health' by freezing the consecutive 542 million stand-by credit, since the control figures of the budget deficit had long overgrown the control level.

Western analysts anticipate that the coming Parliament elections will make the government to tip the voters by paying the due wages and pensions, which is impossible without printing new money and enhancing the inflation. Besides, the time to pay 350 million USD debt to Russian 'Gazprom' is inexorably coming. The National Ukrainian Bank takes up various measures to stop the fall of grivna.

THE TROUBLED TIMES

It is true that an economic crisis is raging in the country, but it is not all the truth. The crisis mixed with the usual slavic nonchalance and with the impotence of the power makes a very dangerous cocktail. Once, in the beginning of the 17th century, there was no tsar in Russia or there were several. The annals say 'The land was not ploughed since there were neither men nor tools, and the former priests were fistfighting at crossroads'. Historians call this period the 'Troubled Times'. It seems Ukraine is rolling down to such a state. Under the heading 'THE TROUBLED TIMES' we plan to describe the symptoms.

Children are robbed again

Vladimir Shuba, the Procurator of the Crimea, blamed a number of higher state officers of the Crimea for theft and embezzlement at a special press conference in Simferopol. Shuba's accusations were mainly addressed to Yuri Podkopayev, the Minister of education. Mr Shuba informed that he sent a memorandum to the Council of Ministers of the Crimea about the impossibility of holding the post of the minister by Podkopayev. Moreover, he started a criminal case against Podkopayev, accusing him of embezzling the state property on an especially large scale.

The facts are the following. In July Yuri Podkopayev signed a document in which he directed 100 thousand grivnas to a private company 'Ramunas'. The money was intended for sending 200 orphans to summer rest camps. However, the children got not a single kopeck of this sum. The money was distributed to four firms located far from the Crimea. Having received the money, the firms evaporated. Moreover, the private firm 'Ramunas' not just disappeared: the inspection showed that this firm had never existed. The case is clear but the difficulty lies in the law that the Minister is protected by his Deputy's status.

Our informant, a correspondent of the newspaper 'Ugolovnoye delo'

Another celebration

The wards of the block of cells for temporary detention in Sambor (Lviv region) decided to celebrate the Holy Virgin Day. Someone fetched bottles, another fetched glasses. Somehow it happened that five people detained, having used the occasion, walked away from the block. The result is that four officers are sacked and their commandment is reprimanded.

By the way, in Lviv Procurator's office 84 criminal cases against militiamen are considered now.

Our informant

An interesting initiative in Kharkov militia

A method of improving their living standard was found by militiamen of Kharkov, especially of Kievskiy and Dzerzhynskiy precincts. They may come up, stern figures with guns, portable radios and rubber clubs, to every passerby and require to show ID. If the passerby happens not to have documents on him, then two variants are suggested: a) you can be taken to the precinct for the identification, which, as a rule, takes a lot of time and nerves; b) they may 'sympathize' with you and fine you on the spot (certainly without any receipt). The size of the fine is determined by the militiamen by the rule of the thumb, depending on your clothes and expression of the face. If you happen to carry your passport with a proper 'propiska' (resident's permit), you may be fined because your permit mentions one district, and you walk in the other. No explanations will be heard and no complaints will be taken because the militiaman on duty in the precinct will not let you pass to his boss and because you cannot prove anything because: a) you have not written down the number of banknotes and b) you do not know the names of your offenders. So the uniformed robbers wander in the town and take the booty.

The author of this note was robbed in this way three times in October 1997, every time being sober and law-abiding. Every time the offenders were different. Is it a coincidence of rare chances?

L. Kurokhta, a newsman from Kharkov

HUMAN RIGHTS PROTECTION PRACTICE

A seminar of human rights protectors was held in Kharkov

On 7-8 October a seminar 'International standards in preventing torture and degrading treatment, and perfecting Ukrainian laws' was held in Kharkov. Marjory Farquharson, a representative of the Directorate of human rights of the Council of Europe, Adam Laptasz, warden of a preliminary prison in Poland, Kerim Ildiz, an expert of the Council of Europe, Mariana Katsarova, a researcher of Amnesty International, Olga Shevchenko, an assistant professor of the criminal law department of the Ukrainian Academy of internal affairs took the floor.

Representatives of human rights protecting and other nongovernmental organizations of Ukraine and Russia, workers of mass-media, law enforcing agencies and penitentiary establishments were present.

Our informant

Problems and prospects of the Association of human right NGOs in Ukraine

G. Sushko, a coordinator of the Zaporozhye 'Union for human rights protection'

There is no need now to convince anybody that Ukraine is on the edge of a catastrophe. The country needs a new, healthy public force for solving the urgent problems. This role could have been played by political parties. There are about 50 political parties in Ukraine; they have rather similar programs and enlist only 1.4% of the population. This means that the population do not trust the parties.

Recently, there appeared several thousand of NGOs in Ukraine. Many politically active citizens of the country work in these groups trying to solve social, economic, legal and other urgent problems. These organizations make a noticeable political force and feel the support of the sizeable proportion of the population. They have a chance to become a real force in building the civil society in Ukraine under the conditions when the overwhelming majority of the population do not support the existing political parties.

During several recent years there have been attempts to create the Association of NGOs of Ukraine (ANGOU), but these attempts failed. I think that there still exists a hope to create the Association.

What form should the ANGOU take? This is a long lasting voluntary union of Ukrainian NGOs into a coalition. The nucleus of the union must be the best professionally acting organization. The united NGOs must set several most promising directions of the work where it would be easier and more successful to work collectively. Each NGO must preserve some measure of autonomy.

What is the use of the coalition? Many complicated questions can be resolved faster, cheeper and more successful if the NGOs work collectively. If the ANGOU wins a good reputation, it will raise the authority and activity of each NGO. Having formed the union, it will be easier to find sponsors.

What is the main risk in the formation of the ANGOU? At the first stage, when the nucleus of the organization is created, the NGO-members should be selected very carefully, those with the good reputation and professional leaders. Other NGOs that have no sizeable results can be listed in as candidates. The ANGOU must activate NGO members, setting concrete tasks, such as, for example, taking part in the election campaign, in lobbying liberal interests, in getting finances, in publishing activities, in connections with the public, etc. The headquarters of different sections may be situated in different regions.

How to make the ANGOU successful? The goal of all the coalition must be distinctly formulated and well-understood by NGO members. Frequent meetings of the partners must be organized, the work should be assessed by concrete results.

Kharkiv Group for human rights protection can serve as the initial nucleus since it has a great experience of work and multiple connections with many regional NGOs. Before creating the ANGOU the Kharkiv Group should, perhaps, organize a special republican conference during which the urgent problems of the unification should be discussed.

Ukraine ratified the Convention on human rights and acknowledged the right of individual to turn to the Strassbourg Court

Press release of the Ukrainian Centre of information and documentation of the Council of Europe

Strasbourg, 1997. Ukraine ratified the Convention on the protection of human rights and liberties together with Protocols Nos. 1, 4, 7, and 11, as well as European Charter of the local selfadministration. Mr Evhen Perelygin, the representative of Ukraine in the Council of Europe, handed ratification instruments to the General Secretary of the organization which unites now 40 states. Since this day Ukraine has acknowledged the right of an individual to turn to the European Court and the duty of Ukraine to heed the court rulings (Articles 25 and 46 of the Convention). 'Having done this', -- the General Secretary declared, -- 'Ukraine demonstrated her eagerness to become an unalienable member of the family of European democracies.

1. The Convention on the protection of human rights and liberties

The Convention became operable in 1953 and now is obligatory for all state-members of the Council of Europe, except Croatia, Moldova and Russia which have already signed, but not ratified the Convention.

Protocol No.1 was signed in March 1952 and added to the list of basic rights protected by the convention the right for owning private property, the right for education and the right for free elections by secret voting.

Protocol No.4 guarantees additional rights such as the right for the free movement on the state's territory and the freedom of choice of residence, as well as the prohibition to exile citizens from their countries and collective exile of foreigners.

The Convention and Protocols Nos. 1 and 4 become operable in Ukraine at the moment of the ratification.

Protocol No.7 guarantees the following rights:

- the right of foreigners for procedural guarantees when being exiled from the state;

- the right of a person acknowledged guilty in a criminal case for a revision of the verdict by a higher instance;

- the right for recompensing in case of an error of the court;

- the prohibition to be tried or punished for a crime for which the person was already tried;

- the equality of rights and duties of each member of the married couple.

This Protocol becomes operable in Ukraine since 1 December 1997.

According to Protocol No.11 a one-stage court is established (instead of the former two-stage court). This is a simplified system. Individuals will have the direct access to the new court. The cases will usually be considered by a chamber of seven judges. The court's jurisdiction will cover both individual and collective (international) cases. The committee of three judges have the right to decline ill-grounded cases. In exceptionally complicated cases the resolution will be taken by the Great Chamber of seventeen judges.

The Protocol will become operable later, after it is ratified by Italy.

2. The European Charter of local self-administration

The Charter was opened for signing in October 1985. It determines Constitutional and legal fundamentals of the local selfadministration, formulates its goals and the application limits, lists administrative structures and functions of the local administration, etc. In Ukraine it becomes operable on January 1, 1998.

The above documents were ratified by the Ukrainian Parliament with certain precautions, for example, concerning the issue of orders for arrest by prosecutors since the operable Criminal-Procedural Code does not agree yet with the international requirements.

A new initiative

R. Mukhamedjanov, Dnepropetrovsk

In our times of the 'wild privatization' fortunately not all people are engrossed in the drive for money. There are people who do not exchange their civil duty and professional honor for dollars and cents. It will suffice to mention private physicians and lawyers who service the poorest free of charge.

Recently in Dnepropetrovsk a group of high-skilled forensic medical experts created an independent center of forensic expertise. The goal of this organization is to give expert aid to citizens on the private basis or after the appointment of the criminal investigators, court or prosecutor. The work of this group realizes a concrete mechanism of the competition principle in the trial process. If someone cannot get a direction to the medical expertise from the militiamen who had one beaten, if a judge refuses to direct one to a medical expertise and in all similar situations, which earlier presented unsurmountable difficulties, now it is possible to go to 'Altviz' (that is the name of the new group), get examined and receive a document which has the legal status of a usual expertise.

On 26-28 September 1997 in Kharkov a seminar of regional human rights protection groups was held. Herein we publish addresses, telephones and names of the participants. This information can be helpful for individuals amd organizations from abroad who would like to contact grass root groups working on human rights protection in Ukraine.

Belgorod-Dnestrovsky. 'Human rights protection center "Rutenia"', Liudmila M. Pikovskaya, 51 Primorskaya St., Apt.1, Belgorod-Dnestrovsky, Odessa region; tel. 3-20-11.

Vinnitsa. 'UAMA Vinnitsa group', Dmitry L. Groisman, 3, 50 rokiv Peremogi, Apt.125, Vinnitsa; tel. 27-01-12.

Drogobych. 'Amnesty International', Veronika G. Antonets, 5 Grushevskogo St., Apt.21, Drogobych, Lviv region; tel. 2-30-58.

Zhitomir. '"For civil dignity" group', Viacheslav A. Ivanov, 45a Shelushkova St., Apt.6, Zhitomir; tel. 25-07-38.

Makeevka. 'Initiative UAMA group', Olga M. Gubar, 1 Tajozhnaya St., Apt.15, Makeevka, Donetsk region; tel. 6-46-64.

Dneprodzerzhinsk, 'Dneprodzerzhinsk branch of human rights center', Aleksandr M. Burdeynyi, 27 Bolshevitsky Bystreet, Apt.60, Dneprodzerzhinsk, Dnepropetrovsk region; tel. 7-22-83; 'Antimafia', Igor A. Timokhin, 61 Constitutsia Boulevard, room 8; Dneprodzerzhinsk, Dnepropetrovsk region; fax 3-77-71.

Dnepropetrovsk. 'Dnepropetrovsk region human rights center', Renat K. Mukhamedjanov, 5 Novokrymskaya St., Apt.221, Dnepropetrovsk; tel./fax 92-02-39.

Enakievo. 'UAMA Enakievo group', Olga L. Bykova, 10, 9 Yanvaria St., Apt.7, Enakievo-5, Donetsk region; tel. 3-05-33.

Zaporozhye. 'Human rights protection union', Georgiy T. Sushko, 153 Charivna St., Apt.104, Zaporozhye, tel. 67-50-94.

Sumy. 'UAMA Sumy initiative group', Sergey P. Velikiy, 25 Remisnycha St., room 132, Sumy; tel. 25-63-90.

Lutsk. 'UAMA Lutsk group "Ukraina-6"', Myroslav I. Rizvaniuk, 35 Gordiyuk St., Apt.96, Lutsk, Volyn region; tel. 4-05-20.

Lviv. 'UAMA Lviv group "Ukraina-2"', Oleksandr A. Vytiuk, 20 Lypy St., Apt.34, Lviv; tel. 34-91-76; 'Association "Poshuk"', Mikola A. Malyshev, 9 Riagyivska St., Apt.64, Lviv; tel. 62-89-46.

Nikolayev. 'Association of public organizations', Aleksandr V. Ruslanov, 14 Morekhodnaya St., ground floor, Nikolayev-21; tel. 36-52-41.

Odessa. 'Odessa town branch of MTPL', Evgeny A. Kravets, PB 82, Odessa-14; tel. 25-93-52; 'Odessa "Memorial"', Vladimir S. Kraynikov, 10 Chaykovskogo Bystreet, Odessa; tel. 21-87-76; 'Blagochinny fond "Rutenia"', Alla K. Korystovskaya, 35 Primorskaya St., Apt.9, Odessa; tel. 23-91-00.

Poltava. 'Poltava region branch of MTPL', Oleksiy M. Kozlenko, 4 Zygina St., Apt.60, Poltava; tel. 3-68-66.

Yalta. 'UAMA Yalta group', Roman N. Grechanik, 7 YuBSh St., Apt.33, Yalta; tel. 37-99-53.

Mariupol. 'Memorial', Galina M. Zakharova, 32, 50-richcha SRSR, Apt.19, Mariupol, Donetsk region; tel. 35-05-01.

Kyev. 'Foundation for freedom of speech and information', Katerina M. Zelenska, 1 Lesi Ukrayinky Sq., room 309, Kyev-196; tel./fax 296-80-93; 'Human rights center', Alina I. Komarova, 7 Liuteranska St., Apt.10, Kyev-1; tel./fax 229-59-00; 'Initiative group for studying sufficient justification of the capital punishment in Ukraine', Igor G. Voskoboynikov, 37 Prorizna St., Kyev; tel. 227-20-26.

Bila Tserkov. 'Bila Tserkov district committee for human rights protection', Vitaliy A. Kuznetsov, 70 Frunze St., Apt.8, Uzin, Bila Tserkov district, Kyev region; tel. 2-35-50.

Kremenchuk. 'UAMA Kremenchuk initiative group', Igor I. Pogorelov, 8 Lenina St., Apt.10, Kremenchuk, Poltava region; tel. 2-26-28, E-mail: pgrl@cruizer.poltava.ua.

Sebastopol. 'UAMA Sebastopol group "Ukraina-3"', Aleksandr I. Podolny, 19 Kolobova St., Apt.270, Sebastopol; tel. 23-68-70.

Tatarbunary. 'Tatarbunary branch of "Rutenia"', Lidiya V. Rudenko, 56 Kyev St., Tatarbunary, Odessa region; tel. 3-25-24.

Kharkov. 'International association for human rights, Ukrainian section', Andrey A. Sukhorukov, 43, 23 Avgusta St., Apt.5, Kharkov-103 or 1 Lesi Ukrayinky Sq., room 214, Kyev (tel. 296-82-95); 'Kharkiv educational center of human rights', Oles P. Kusaykin, 13 Akhsarova St., Apt.112, Kharkov; tel. 37-08-11; 'Information center on human rights', Inna V. Morozova, 2 Derzhavinskaya St., Apt.97, Kharkov; tel. 27-25-52; 'Kharkiv region organization of soldiers' mothers', Nelia V. Shevchenko, 17 Danilevskogo St., Apt.82, Kharkov; tel. 43-86-32; '"Kharkiv-3" UAMA initiative group', Igor N. Morozov, 240Ў Saltovskaya Highway, Apt.121; 'Kharkiv group for human rights protection', Evghen E. Zakharov, 41 Chernyshevskaya St., room 307a, Kharkov; tel./fax 47-62-56, E-mail: root@khghr.kharkov.ua or 310002 PB 10430.

Cherkassy. 'International association for human rights', Oleksandr I. Pidbereznyi, 460 Shevchenko St., Cherkassy.

Chernomorskoye. 'Chernomorskoye district organization for human rights protection', Aleksandr I. Yurchenko, 2 Energetikov St., Apt.1, Chernomorskoye, the Republic of Crimea; tel. 9-17-04.

LEGISLATION

On application of the European Convention

The operating law, as well as the draft of the Criminal-Procedural Code does not contain any references to the mechanism of the application of the European Convention of human rights in practice. The reason is not only the absence of the Ombudsman in Ukraine. No law mentions the highest national court, after whose negative solution an individual has the right to turn to the Strasbourg court. 'In this context the highest court is the Supreme Court of Ukraine', -- Vitaliy Oprishko, the director of the Institute of Legislation of Ukraine, said. -- 'But will it be a collegium of the Supreme Court, or the Plenum is unknown'. This mechanism has not been elaborated and will be elaborated, as V. Oprishko remarked, much later. It seems that the state has protected itself from the most intensive flow of complaints about the activities of law enforcing agencies. All this subterfuges and delays shows that the Convention is too inconvenient for our state. The expected flow of complaints to the Strasbourg court will not only impinge the budget (since, according to the Convention, it is the state who is financially responsible for citizens' complaints), but will also denigrate the country's image.

After 'Den', No.152, 1997

On the new passport

Perhaps the first, who could see that the new Ukrainian passport is an inadequate document, were the people who decided to get married. The happy possessors of the new passport found out that the registrar's office demands also the birth certificate, otherwise their applications were not taken. 'Why do you need the birth certificate?' -- we asked.

-- To check whether the citizens filled in the graph 'nationality' correctly, -- that was the answer given in the registrar's office of Pecherskiy district in Kyev.

-- Do you really think it necessary for getting married? -- we asked.

-- Such is the legal procedure.

-- But all know their nationality, don't they?

-- We must check it by the documents, -- they retorted.

I recollect recent discussions about whether the nationality must be mentioned in the new passport. The cancellation of the notorious 'fifth graph' was estimated as a great success of democracy. However, having cancelled the graph in passports, the authorities retained it in numerous questionnaires. The result is that the new passport is an inadequate document.

Those citizens, who have not managed yet to exchange the Soviet passports decorated with the hammer amd sickle, hurry to exchange them for the new, trident-decorated ones. Although it rumors that the new passports will not last long, since supernew plastic cards will be given in their stead. On them, by means of the code, any information about the citizen can be written, and this code can be read only by means of a special device, so people will not know what is written in their passports at all.

'Zerkalo nedeli', No.38, 1997

Laws collide while people get in between

Evghen Zakharov, Kharkov

Is it possible to sack an employee when he achieved the pension age? Earlier the Labor Code had such a clause, point 1-1 of Article 40, but this point was cancelled in July 1994. In December 1993 another law was adopted, 'On the foundations of the social protection of labor veterans and other aged citizens'; Article 11 of this law distinctly prohibits dismissal of a person who reached the pension age by the employer. The situation would seem unambiguous but, simultaneously, in December of 1993, another law was adopted, 'On the state service', and Article 23 of this law affirmed that state servants of the pension age cannot continue their service without the approval of the Cabinet of Ministers. Thus, we have a clear collision between the law 'On the foundations of the social protection of labor veterans and other aged citizens' and the law 'On the state service' with respect to state servants. The international agreements signed by Ukraine do not help to clear up the mess. Convention No.158 'On ceasing labor relations' ratified by Ukraine does not contain a single sentence on the dismissal by the reason of reaching the pension age.

The laws collide, and the people get in between. Here is one example.

Igor V. Lukshin, a lawyer by education, for a long time worked as the mate for servicing passengers at a number of ships in the Black Sea fleet. He knows English and Italian perfectly, has more than fifty publications in maritime law, is an academician of the Transport Academy. For his numerous merits he was appointed the Consul General of Ukraine in Stambul where he worked since September 1994. He worked fruitfully and energetically, learned in the course the Turkish language. In the end of 1995 I. Turiansky, the Ukrainian ambassador in Turkey, sent to the Personnel Department of the Ministry of Foreign Affairs a proposition to raise Lukshin's diplomatic rank, pointing out that under the administration of Lukshin the Consulate in Stambul became a well-known and respected establishment in Turkey.

Everything would be all right if a conflict did not start between the Ambassador and the Consul. The Azov ship company, sponsor of the Stambul Consulate, sent for the Stambul Consulate 60, 000 USD, certainly via Ankara through the Embassy. Somehow the Stambul Consulate obtained only 20, 000 USD. Maybe, the Consul asked too many questions, maybe through other reasons, but a cruel conflict was born and bred very fast. The forces were unequal, and soon Lukshin got a reprimand and then was fired. At first he was fired by the order No.2626 of November 4, 1996, according to Article 40 point 2 of the Labor Code for professional inability. When Lukshin presented the proofs of his high qualification, the Ministry of Foreign Affairs by order of November 6, 1996 gave another foundation: because Lukshin reached the pension age. Mr Lukshin did not agree with this decision either and turned to court. On 19 March 1997 Malynovsky district court bravely considered Lukshin's dismissal illegal and gave out a resolution to reestablish Lukshin as Consul General in Stambul and obliged the Ministry of Foreign Affairs to pay the claimant 12, 164 grivnas. On 10 June 1997 the Civil Collegium of Odessa region court approved the resolution of Malynovsky district court.

Nonetheless, Anatoliy Luniachenko, the head of Odessa region court, did not hurry to send the resolution of the case to the Ministry of Foreign Affairs. He was a careful man and he did not want to spoil relations with a Ministry, the more so with the Ministry of Foreign Affairs. So, on 3 September, judge Luniachenko raised a protest against the resolution of the region court. In a week the presidium of Odessa region court considered the case again and confirmed the resolution of the region court in the part where the dismissal was considered illegal and where the Ministry was ordered to pay the money. But it did not insist on Lukshin's reestablishment in his job without the approval of the Cabinet of Ministers, according to the law 'On state service'.

Mr Lukshin is not satisfied with this decision, he wants to work in Stambul. He is not the only one who is not satisfied. On 1 December 1997 P. Shevchuk, the Deputy Head of the Supreme Court and the Head of the Civil Collegium, protested against the decision of the presidium of Odessa region court. On 14 January 1998 this case should be considered in the Supreme Court.

We shall wait what will win: one law plus a consul or another law plus an ambassador.

JUSTICE

Arbitration tribunal judges will not get salaries

The Presidium of the Council of Judges of Ukraine turned to the President Kuchma with the protest against the Prime-Minister's resolution 'to stop paying salaries to arbitration tribunal judges until the tribunal noticeably improves the consideration of the cases coming from the tax administration'.

'Ukrainian oil' against press

Yaroslav Kozak, the director of the joint-stock company 'Ukrnafta' ('Ukrainian oil'), signed the order, according to which any executive of the central directorate is prohibited to deal with mass media. The Constitution of Ukraine (Article 21) reads: 'Human rights and freedoms are inalienable and unviolable'. The freedom of dealing with mass media concerns the freedom of speech. It follows that the order is directed not only against mass media, but also against the Constitution.

Misinterpretation of law in the town of Nikolayev

S. Marchenko, the head of Nikolayev branch of the All-Ukrainian Committee for defending human rights

In district courts of the town of Nikolayev the court offices do not take claims from citizens, but send them to judges who must solve whether the claim should be considered by the court or not. This practice is grounded by the reference to Article 136 of the Civil-Procedural Code (CPC), which tells that a judge himself solves whether the claim should be taken. This is not quite true. The standard procedure is as follows: the claim should be taken by the office, then a judge personally, without any consultation with the petitioner, takes a motivated decision in the written form whether the claim should be considered. If the decision is negative, the petitioner has the right to complain.

In Nikolayev a queue of petitioners stands before the judge's office and the judge according to his mood either accepts or rejects the claims. The accepted claims accumulate on the judge's desk, are not registered in the office and often end in a wastepaper basket. This practice clearly contradicts to Article 137 of CPC which unambiguously indicates that 'the claim is handed to the court' and not to the judge as it is done in Nikolayev district courts. Such practices also contradict to Articles 40 and 55 of the Constitution and Articles 7 and 13 of the Law on claims of citizens. Our human rights protection group sent a complaint, but Sergey Shataliuk, the head of the regional directorate of justice, in his long answer circumvented the topic. Then we sent a complaint to the Ministry of Justice, to O. Kharchenko, the head of the directorate of control of the judges activity, but he, according to the best Soviet traditions, sent it to S. Shataliuk to be answered.

Our criticism had an unexpected result. Beforehand the offices of the district courts refused to take claims, and now it is also done by the upper courts.

ON BOTH SIDES OF PRISON BARS

A letter from a prison

(Received by Kharkiv Group of human rights protection in January 1998)

We turn to you because we desperately need someone's help. Maybe you can stop the mass extermination of convicts, who are still human beings. There is a camp in Zaporozhye region, “€Ќ 310/101. It is a real concentration camp, and the facts of mass extermination can be easily verified. In the same region there is another penitentiary establishment, “€Ќ 310/55, which is considered a TB hospital for convicts. The majority of clients of this hospital, ill or dying, are usually directed to our camp, healthier people are directed to other camps. On December 23 we got a shipment from “€Ќ 55, all in all 150 people. The shipment at first was greeted by a speech where it was declared that they had come to die here. Then all of them, young and old, were ordered to lie on the ground, and then the wards started to kick them cruelly without any provocation. They found that someone brought a guitar and broke the guitar on the man's head. They strangled people with the guitar strings, broke some teeth and heads. 40 people without any reason were put to the lockup rooms. If you can, try to cease this hell. It is not difficult to learn all the details if a commission or a group of newsmen can be directed to our camp. As you understand, we cannot sign our names, but we hope that it is not important, and we hope that sooner or later this torture will be stopped.

Help us, please!!!

Convicts of “€Ќ 310/101

P. S. May be, through mass media you will give us an address, where we shall turn with our complaints. Then our letters and those of our relatives will flow there in a torrent. Again we beg you to do anything to help us.

Will prisons come under the wing of the Ministry of Justice?

Recently the law was adopted in Russia that the penitentiary system must come from the subordination of the Ministry of Internal Affairs to that of the Ministry of Justice. At once numerous optimistic publications appeared in mass media expressing hope that a better life will start in Russian prisons and camps.

And what about Ukraine? How long must our convicts wait for the improvement? We addressed this question to the deputy chief of the corresponding directorate of the Ukrainian MIA, Colonel I. Krasnoshchek. Here is his answer:

'In Ukraine the similar law was planned to be adopted on October 1, 1997, but this task appeared not as simple as it seems at the first glance. First of all, about 70 of minor laws and legal acts must be adopted. Besides, money is needed. In Russia the needed expenditures are estimated as 13 billion roubles and in our budget, as you know, there is no money even for increasing pensions.'

Even if the change of subordination happens in the nearest future, that will be a mere change of the label. Colonies and prisons will remain to be overcrowded, there will be lots of 'extra' clients. In order to improve the situation, a profound perfection of the criminal and criminal-procedural codes is needed. Only after these steps one could expect any real improvement in the lot of those who stay behind the prison bars.

Our informant

Behind the bars

O. Golskaya, Donetsk

Alexandr Litvinchuk, the head of the Donetsk region penitentiary directorate, said at a press conference that five thousand convicts must not be behind the bars. In his speech he touched the following questions.

On the number of convicts after the amnesty

In our region the penitentiary system counts 17 camps, 3 preliminary prisons and one hospital. We have about 30 thousand convicts. In 1997 we have released 8949 people: 4205 by amnesty, 1600 have been released conditionally before the end of the term and about 3000 have been released because their terms expired. However, because of the new 'shipments', the number of convicts decreased by 2300 only.

On deterioration of the criminal situation

2152 convicts do their term for premeditated murders, 1986 for inflicting heavy injuries, 982 for rape, 2853 for robbery, 323 for chiseling. The criminal situation behind the bars is deteriorating. 768 crimes were stopped during 9 months of 1997, several criminal groups were disclosed in penitentiary establishments. The morals of the wards also leaves much to be desired. 26 wards were sacked, and criminal cases were started against them.

On labor therapy

The concept that 'every convict must work' is realized nowadays only partially. 6900 convicts are jobless, 4690 must recompense claims by the total sum of 2.5 million grivnas; they recompensed only 8% in 1997. The average wages of a convict equal 44 grivnas per month. Practically in all camps there are problems with the sale of their produce and with purchase of new equipment.

On local reorganizations

The barracks are overcrowded, especially in the camps of the strengthened regime. The berths are constructed in three levels, and sometimes people lie on the floor too. So some reorganizations are under way: we have decided to change the regime in several colonies.

On mortality and diseases among convicts

In 1997 more than 100 convicts died, and this was not a result of mass infection or anything similar. Among other convicts there are 625 AIDS-infected. The correspondent of the newspaper 'Tiurma i volia' asked how many convicts suffer from dystrophy. The answer was that such do not exist. By the way, the cost of daily food of one convict is 82 kop. per day. It would be desirable if the cooks of the penitentiary system will share their secrets with the public at large.

***

The conclusion of the interview is obvious: until new laws are adopted that will permit to punish petty criminals not by encarceration, there will be no order.

Our penitentiary system

The number of those who stay in all establishments of penitentiary system exceeds now 232 thousand people, that is, on the average, 455 for every 100 thousand of the population. This index is 4 times greater that in democratic countries and 2.3 times greater than in the countries of the middle Europe. 35% of the criminally prosecuted people are imprisoned. To compare, the similar figure for Japan is 3%, for Great Britain -- 6%, for Sweden -- 8%.

On the contrary, the public opinion polls and the polls among lawyers (criminal investigators, prosecutors, judges) show that most pollees (79% among common citizens and 60% among lawyers) suggest to make the measures more stringent and to apply the imprisonment more often. In general, 94% of the pollees accuse the courts of being too liberal.

'Zerkalo nedeli', No.36, 1997

What is on convict's breakfast tray?

A. Bukalov, Donetsk

The problem of feeding convicts has become very acute. The norms of consumption have been worked out very well, the chiefs of penitentiary establishments say, but without proper financing it is impossible to follow the norms. Many convicts are starving. The authorities avoid answering concrete questions either referring to the confidential character of the information or on the complicatedness of preparing the answers. From reliable sources we know that in the end of 1997 out of 30 thousand convicts in Donetsk region 986 had a shortage of weight of 10 kilograms or more. No wonder since only during the three summer months and only in the prison “€Ќ-28 with 3.3 thousand convicts they have not received 13.6 metric tonnes of meat and 9.5 thousand eggs. The same sad picture can be observed in the TB hospital, where the patients must get especially nourishing food: only in August they did not get 1.1 tonne of planned butter, 2.5 thousand of eggs and 1.5 tonne of meat.

Some inspections carried out by the prosecutor's office found that the prison administration was partly guilty. But these inspections are carried out only by the prosecutor's office since the access of newsmen and public organizations to penitentiary establishments is prohibited. No wonder: there is much to conceal. Renata Wolwend, a member of the Parliamentary Assembly of the Council of Europe, visited a preliminary prison in Donetsk in November. She was shocked by the conditions. To survive under such conditions is difficult, but it is very easy to catch TB. During 9 months of 1997 in Donetsk region penitentiary establishments, 983 people caught active TB and 413 died. 'People are mortal', -- the prison authorities state. It is true. But outside the bars the old people mainly die and in Donetsk region prisons and camps die mature men and women.

Meanwhile, people are imprisoned for two to five year terms for a stolen sack of grain or ten meters of cable. And thousands of people starve behind the bars, waiting when the beggarly state will feed them.

878 gangs are disclosed

They have been disclosed during 1997. They committed six thousand crimes. These data were made public by Oleg Litvak, the acting General Procurator of Ukraine. 1769 criminal cases are started against the members of these criminal groups. O. Litvak also said that 490 thousand of crimes were registered during the first ten months of 1997. This is 3.3% less than in the similar period of 1996. He pointed out that the number of economic crimes is not diminishing. On the contrary, it is growing fast.

INTRANATIONAL RELATIONS

Language problems

Beginning with the current school year there is no Russian language in the timetable of many Kyevan schools. Headmistress of a Kyevan school explained the situation: 'There are three kinds of school subjects. The first are compulsory for learning by every child in every school. Secondly, there are subjects that are introduced by the orders of the local authorities. Thirdly, there are subjects that can be learned or not learned by the decision of the school. The Russian language belongs to the last category. I must say that the subjects of the first two categories are so many that there is no possibility to include the third-category subjects. We managed to spare one hour a week. The school collective hesitated whether to use it for the Russian language of for valeology. Our collective preferred the latter.'

This school year only 20 schools with the Russian language remained in Kyev, last year the number was 37. Now 98% of first-formers learn in Ukrainian.

'Kyevskiye vedomosti', 20 September 1997

***

Alexandr Svistunov, the President of the Confederation of Russian Communities in the West Ukraine, expressed his anxiety that the Russian-speaking population has no opportunity to educate their children in their native language. According to A. Svistunov, there are only 5 Russian schools in Lviv for 17000 children from Russian families. In Rovno and Ternopol no Russian schools remained. The local authorities boycott all the attempts of the Russian communities to restore Russian schools.

'Vremia', 2 September, 1997

***

The Association 'Maarifchy' of Crimean Tartar educators expressed their worry as to the teaching of the Tartar language in national schools. In the open letter to the Ministry of Education of Ukraine and the same ministry of the Crimea the educators complain that the local authorities refuse financing for the teaching of the Tartar language. Besides, headmasters plan the lessons of the native language before or after main subjects which prevents many schoolchildren from distance villages to attend the lessons. 'Maarifchy' appeal to the MInistry of Education of the Crimea to develop the step-by-step passage of several schools to teaching in the Tartar language and to prepare teachers for such schools.

'Golos Ukrainy', 12 September, 1997

Former criminals become national heroes

Ivano-Frankivsk branch of the Congress of Ukrainian nationalists turned to the President, government and Parliament of Ukraine to erect in Kiev the Pantheon of Heroes of Ukraine and bring there the remains of Stepan Bandera. This resolution has been taken in connection with the 90th anniversary of Bandera's birth to be celebrated on 1 January 1999. The Congress branch also proposed to create a governmental commission headed by a Vice Prime Minister to organize the celebrations and to name the Lviv Polytechnic Institute, where S. Bandera had learned, by his name, as well as to establish S. Bandera's state prize in politology and state construction; finally it is proposed to create a memorial in his native village Stary Ugrynov.

MEDICINE

New data on the expansion of AIDS

At present 1.5 thousand of AIDS-infected are registered monthly in Ukraine. By 1 November 1997 more than 25 thousand AIDS-infected have been found, more than 2 thousand among them are inhabitants of the Crimea. These data were made open at the 7th session of the National Committee of drug addiction and AIDS, held in Yalta.

Again about AIDS

Out of almost 26 thousand of the AIDS-infected who are officially registered in Ukraine, 90% are drug addicts. Compared with 1995 the number of the AIDS-infected in Ukraine increased by the factor of 140. Varery Ivasiuk, the head of the Committee of prophylaxis of drug addiction and AIDS, reported at a press conference that nowadays Ukraine has won the first place among the countries of Eastern-Middle Europe and one of the first places in the world as to the speed of the AIDS expansion.

V. Ivasiuk also said that according to the opinion of UNO AIDS experts in 2001 there will be 950 thousand of the AIDS-infected in Ukraine, i.e. each 55th inhabitant will be ill. V. Ivasiuk also paid attention to the AIDS expansion among children. 300 AIDS-infected children have already been registered by now, and in 1997 every two days another infected child appeared.

HUNT FOR NEWSMEN

Another newsman attacked

Recently in Kharkov some strangers beat up Sergey Ermakov, another local newsman. This is the third case within the last three months: in August Kovaliov, editor-in-chief of the Zmiyov district newspaper, who acutely criticized the local authorities, was brutally beaten. In September Kapustin, a newsman from 'Nezavisimaya gazeta', was battered. This time it was Ermakov who is a popular author of scandalous materials against misusers of power.

The victim was leaving his friend's house when he was stunned and then severely beaten. He regained senses next morning in another district of the city. According to Ermakov, the attackers took only the cassette-recorder and documents, which served as a base for the consecutive material. It seems to confirm that the attack was directly connected with Ermakov's professional activities.

Our informant.

Journalists will be taught to shoot

The Kievan militia is troubled by the legal ignorance and physical unfitness of newsmen who specialize in the fight with crime. Yaroslav Kondratyev, Rector of the National Academy of Interior, said that starting since December the newsmen are invited to the Academy to take the course in methods of fighting crime. The curriculum is borrowed from Switzerland where the newsmen had been similarly prepared since long before. The lectures in the Academy of Interior concern the fundamentals of legislation, criminal law, administrative law, pedagogic, psychology, philosophy, ethics and aesthetic. Besides the newsmen will be taught combat and firearms.

Our informer

NEW PUBLICATIONS

A. S. Prokopenko. Crazy psychiatry: secret materials on application of psychiatry in the USSR as political punishment. -- Moscow: 'Sovershenno sekretno' ('Top secret') publishing house, 1997, 176 p.

This is a terrifying book. At first the Russian reader is told how the psychiatric GULAG was formed in the USSR and how KGB men fought against the world community of psychiatrists.

The book contains many unique documents from the archives of the KGB and central committee of the communist party.

The author, Anatoliy S. Prokopenko, is a well-known Russian archivist. He headed the famous Special archive of trophy documents. In 1991 he, jointly with a group of historians, presented to the central committee of the communist party multiple documents on the slaughter of Polish officers under Katyn in 1939-1940.

The address of 'Sovershenno sekretno' publishing house: 64 Zemlianoy val St., building 2, room 405, Moscow, 109004, Russia;

fax: (095) 915-34-92

V. Avdeev. How to be on the safe side: a collection of materials on juridical safety of a newsmen. Ed. by A. Simonov. -- Moscow, 'Prava cheloveka' ('Human rights') publishing house, 1997, 126 p.

The collection contains materials of practical seminars held by the Glasnost Protection foundation. The book is intended for workers of mass media and for students of journalist faculties.

A. Geifman. Kill! -- Moscow, 'Kron-press' publishing house, 1997, 400 p.

The book is devoted to the history of terrorism.

Having lived twenty years in the USA, to where Anna Geifman emigrated as a schoolgirl, she returned to homeland as a prominent scholar of Russian history.

The book at first had been published in Prinstone.