Last November I blogged about how V.R. deputy Artem Pshonka, son of current Prosecutor-General Viktor Pshonka, was trying to seize the Mykolayiv-based 'Agrofirma Kornatskykh' agro-company by the dirtiest of means. 'ORD' website call Pshonka Jr. 'raider No.1 in Ukraine'.
The owner of the company, Arkadiy Kornyatsky was cheated of victory in last autumn's parliamentary elections in the disputed Election Commission constituency number 132 in Pervomaysk. There was serious trouble there and Kornyatsky was forced to flee abroad for a while.
The dispute has now escalated further. Today about 80 thugs, some firing pneumatic weapons, tried to take over the disputed agro-company's premises in the village of Chausove-2 but were beaten back.
At least five people were seriously injured. [Videos here]
Well-known lawyer and civil rights lawyer, Tetyana Montyan, has stated that the company "Partner-Agro", which is 'Agrofirma Kornatskykh's rival, was formed and registered in order to seize the company by fraudulent meas, and is under control of the son of the Prosecutor General of Ukraine Artem Pshonka.
[She provides documentary evidence of what she calls a major raider scheme in her blog here ]
Veteran investigative journalist Volodymyr Boyko, in a television appearance claimed that
the organizers and sponsors were known to him - they were Prosecutor General of Ukraine Viktor Pshonka and his son - Artem Pshonka....
During the raid police were nowhere to be seen, but there were reports they had assisted the raiders' column of combine harvesters approach to the site.
Governor of Mykolayiv oblast, the Yanukovych-appointed Mykola Kruglov claims the company no longer belongs to the Kornyatsky's. If this is the case, why the piratical raid? Why not use legal means to regain control?
This saga 'has legs' and will run and run...
How can the EU sign any Association Agreement with Ukraine while these kind of events continue to take place?
foreign notes
Musings from an outpost on the edge of Western civilization.
Wednesday, June 19, 2013
Saturday, June 08, 2013
EU correct to insist Ukraine smartens up before signing AA
Ever the apologist, Adrian Karatnycky considers the EU is making a mistake by making the signing of the EU-Ukraine Association Agreement conditional on the release of imprisoned former PM Yulia Tymoshenko.
Yulia Tymoshenko, as any Ukrainian citizen, is entitled to fair treatment and a fair trial.
The European Court of Human Rights have already declared her rights have been violated - she was wrongfully detained before her 2011 trial for 'exceeding her powers' as PM.
The ECHR are now determining whether her human rights were abused during the trial itself.
Whilst the undisputed leader of the political opposition in Ukraine finds herself in this situation a big question mark hangs over Ukraine's democratic credentials.
Until such time that Tymoshenko's guilt in any crimes is clearly shown to be 'beyond reasonable doubt' in the eyes of European observers, her persecution will be considered politically motived.
The risible evidence presented so far in pre-trial hearings which prosecutors claim link Tymoshenko to the murder of Yevhen Shcherban over a decade and a half ago only hardens these observers' opinion - the opposition leader is being persecuted for political reasons.
As such, few European leaders will support signing of an AA with Ukraine, particularly as all of Ukraine's present and past leaders and their pals, have very shady past histories and continue to abuse their status.... stealing millions....
p.s Even if Tymoshenko will be allowed to travel to another country, probably Germany, for medical treatment, as ever-stronger rumours indicate, there is no sign Ukraine's slide into authoritarianism would slow down. Clinching the AA deal will make little difference... Yanukovych's thuggish insistence Tymoshenko pays a 1.6Bn Hryven 'fine' and declines to take any further part in Ukrainian politics in order to buy her release will make western leaders squirm..Does Yanukovych seriously believe that any western politician would undertake to broker and guarantee such a deal? If so, the man is seriously out of touch with reality.
Yulia Tymoshenko, as any Ukrainian citizen, is entitled to fair treatment and a fair trial.
The European Court of Human Rights have already declared her rights have been violated - she was wrongfully detained before her 2011 trial for 'exceeding her powers' as PM.
The ECHR are now determining whether her human rights were abused during the trial itself.
Whilst the undisputed leader of the political opposition in Ukraine finds herself in this situation a big question mark hangs over Ukraine's democratic credentials.
Until such time that Tymoshenko's guilt in any crimes is clearly shown to be 'beyond reasonable doubt' in the eyes of European observers, her persecution will be considered politically motived.
The risible evidence presented so far in pre-trial hearings which prosecutors claim link Tymoshenko to the murder of Yevhen Shcherban over a decade and a half ago only hardens these observers' opinion - the opposition leader is being persecuted for political reasons.
As such, few European leaders will support signing of an AA with Ukraine, particularly as all of Ukraine's present and past leaders and their pals, have very shady past histories and continue to abuse their status.... stealing millions....
p.s Even if Tymoshenko will be allowed to travel to another country, probably Germany, for medical treatment, as ever-stronger rumours indicate, there is no sign Ukraine's slide into authoritarianism would slow down. Clinching the AA deal will make little difference... Yanukovych's thuggish insistence Tymoshenko pays a 1.6Bn Hryven 'fine' and declines to take any further part in Ukrainian politics in order to buy her release will make western leaders squirm..Does Yanukovych seriously believe that any western politician would undertake to broker and guarantee such a deal? If so, the man is seriously out of touch with reality.
Sunday, June 02, 2013
Credibility of court of last resort destroyed
Last week Ukraine's Constitutional Court ruled that the elections for Kyiv Mayor and Council can now be postponed until October 2015.
Yanukovych and Party of Regions' are totally aware that if already-postponed elections were to take place any time in the near future they would be 'hammered' in the capital, and vast corruption schemes would pass into the hands of others. Defeat in Kyiv would be a watershed event and Yanukovych's chance of re-election in 2015 would be much diminished.
In April 2010, just after Yanukovych became president, the Constitutional Court controversially fiddled the rules, specifically concerning so-called 'Imperative Mandate provisions', on how parliamentary majorities were to be formed. This allowed the orange parliamentary coalition to be dumped and Yulia Tymoshenko to be dismissed as PM. The ruling was at odds with Courts previous ruling and the wording of Ukraine's Constitution itself.
In October 2010, the Ukrainian Constitutional Court repealed a December 2004 law which introduced a constitutional amendment changing the system of government from a presidential-parliamentary to a parliamentary-presidential one. President Yanukovych's authority was greatly enhanced.
Last week's ruling, perhaps the most controversial of all, yet again proves the Constitutional Court has become a puppet court controlled by Yanukovych and his cronies.
As Vitaliy Pornikov points out in his blog:
"In our country, no-one has any confidence in the Constitutional Court, and cannot have, because we all understand this is not a Constitutional Court, but just another department in the presidential administration.
This department is vitally important - Viktor Yanukovych owes his powers to it, Mykola Azarov his premiership, and Alexander Popov [the current acting mayor] - his control of an unelected administration in Kyiv. It was the Constitutional Court, not the voters, and not even members of parliament who gave them this power.
The Court makes crucial decisions for the country, but does not possess any credibility with its citizens - and that's frightening. Frightening because, even in a society so degraded from the point of view of the law, the Constitutional Court should be a credible Court of the Last Resort.
p.s. Opinion is hardening in the EU that without a solution to the Tymoshenko problem there can be no signing of the EU-Ukraine Association Agreement in November.
One noted analyst claims: 'For most countries of the EU the groundless imprisonment of Tymoshenko is a red line which they will not cross..'
There are significant behind-the-scenes negotiations going on. According to the Polish 'Gazeta Wyborcza' a compromise could be struck if Tymoshenko were to be dispatched from her hospital ward/prison cell to Germany for medical treatment, but the former PM rules out such a possibility unless all criminal charges against her are dropped and the criminal conviction against her for exceeding her powers is nullified.
Yanukovych and Party of Regions' are totally aware that if already-postponed elections were to take place any time in the near future they would be 'hammered' in the capital, and vast corruption schemes would pass into the hands of others. Defeat in Kyiv would be a watershed event and Yanukovych's chance of re-election in 2015 would be much diminished.
In April 2010, just after Yanukovych became president, the Constitutional Court controversially fiddled the rules, specifically concerning so-called 'Imperative Mandate provisions', on how parliamentary majorities were to be formed. This allowed the orange parliamentary coalition to be dumped and Yulia Tymoshenko to be dismissed as PM. The ruling was at odds with Courts previous ruling and the wording of Ukraine's Constitution itself.
In October 2010, the Ukrainian Constitutional Court repealed a December 2004 law which introduced a constitutional amendment changing the system of government from a presidential-parliamentary to a parliamentary-presidential one. President Yanukovych's authority was greatly enhanced.
Last week's ruling, perhaps the most controversial of all, yet again proves the Constitutional Court has become a puppet court controlled by Yanukovych and his cronies.
As Vitaliy Pornikov points out in his blog:
"In our country, no-one has any confidence in the Constitutional Court, and cannot have, because we all understand this is not a Constitutional Court, but just another department in the presidential administration.
This department is vitally important - Viktor Yanukovych owes his powers to it, Mykola Azarov his premiership, and Alexander Popov [the current acting mayor] - his control of an unelected administration in Kyiv. It was the Constitutional Court, not the voters, and not even members of parliament who gave them this power.
The Court makes crucial decisions for the country, but does not possess any credibility with its citizens - and that's frightening. Frightening because, even in a society so degraded from the point of view of the law, the Constitutional Court should be a credible Court of the Last Resort.
p.s. Opinion is hardening in the EU that without a solution to the Tymoshenko problem there can be no signing of the EU-Ukraine Association Agreement in November.
One noted analyst claims: 'For most countries of the EU the groundless imprisonment of Tymoshenko is a red line which they will not cross..'
There are significant behind-the-scenes negotiations going on. According to the Polish 'Gazeta Wyborcza' a compromise could be struck if Tymoshenko were to be dispatched from her hospital ward/prison cell to Germany for medical treatment, but the former PM rules out such a possibility unless all criminal charges against her are dropped and the criminal conviction against her for exceeding her powers is nullified.
Tuesday, May 28, 2013
Unjust treatment of journalists will continue to be opposed
In April three Party of Regions' deputies - Iryna Berezhna, Yulia Lyovochkin and Iryna Horin were pelted with snowballs. Enraged 'Regionals' demanded minister of the interior, Vitaliy Zakharchenko get to the bottom of the incident, round up as many witnesses as possible for questioning, and arrest suspects.
The next day the police obtained mobile phone numbers from mobile phone operators of everyone who was near the scene of the incident. In the weeks that followed, investigators 'invited' them all in for questioning.
Ironically, one of those whose mobile phone was 'clocked' was well known journalist Olha Snitsarchuk. Even though she explained that she had been inside the parliament building when the snowball incident occurred and so saw nothing, it was made clear that she 'needed co-operate' and she was hauled in to give a statement.
Ironically, exactly one month later it was Olga herself who was beaten up during pro and anti government rallies just over a week ago, whilst police officers passively looked on.
As I posted previously, there is a mass of video and other evidence that thugs linked to Party of Regions led the nasty attack on the journalist and her colleague. Despite this, after Zakharchenko's disgraceful performance in parliament [see previous blog] it is unlikely the perpetrators will be properly dealt with by law enforcement officials.
The snowball incident, [during which no serious injuries were sustained,] was turned into a massive crime and many many dozens of people were questioned and/or detained.
In his blog describing this matter, Mustafa Nayem writes:
"The feeling of powerlessness and humiliation experienced by my [journalist] colleagues, is, every day and every minute also experienced by millions of other Ukrainians.
Not because they are being hit and sworn at. But because, with the advent of the current authorities, malevolence, rudeness and animal instincts are increasing winning [the day].
All this is occurring not just openly and demonstratively; but is accompanied with a silent grin by a party which is cultivating total permissiveness based on the rights of greater force.
If it is not stopped, there will be war. But not over slogans, not over parties and not over language. But over [the right for] basic human dignity."
Today journalists continue their fight for justice...
The next day the police obtained mobile phone numbers from mobile phone operators of everyone who was near the scene of the incident. In the weeks that followed, investigators 'invited' them all in for questioning.
Ironically, one of those whose mobile phone was 'clocked' was well known journalist Olha Snitsarchuk. Even though she explained that she had been inside the parliament building when the snowball incident occurred and so saw nothing, it was made clear that she 'needed co-operate' and she was hauled in to give a statement.
Ironically, exactly one month later it was Olga herself who was beaten up during pro and anti government rallies just over a week ago, whilst police officers passively looked on.
As I posted previously, there is a mass of video and other evidence that thugs linked to Party of Regions led the nasty attack on the journalist and her colleague. Despite this, after Zakharchenko's disgraceful performance in parliament [see previous blog] it is unlikely the perpetrators will be properly dealt with by law enforcement officials.
The snowball incident, [during which no serious injuries were sustained,] was turned into a massive crime and many many dozens of people were questioned and/or detained.
In his blog describing this matter, Mustafa Nayem writes:
"The feeling of powerlessness and humiliation experienced by my [journalist] colleagues, is, every day and every minute also experienced by millions of other Ukrainians.
Not because they are being hit and sworn at. But because, with the advent of the current authorities, malevolence, rudeness and animal instincts are increasing winning [the day].
All this is occurring not just openly and demonstratively; but is accompanied with a silent grin by a party which is cultivating total permissiveness based on the rights of greater force.
If it is not stopped, there will be war. But not over slogans, not over parties and not over language. But over [the right for] basic human dignity."
Today journalists continue their fight for justice...
Wednesday, May 22, 2013
Another landmark on the road to authoritarianism
On May 21 minister of the interior Vitaliy Zakharchenko stood on the podium of parliament to report on events surrounding two protest rallies, one pro-government and anti-government, that simultaneously took place in Kyiv the previous Saturday.
A mass of independently gathered video evidence indisputably shows that several dozen thugs/sportsmen who earlier in the day had been acting as 'security' during the pro-government rally where later involved in a violent assault on two journalists whilst numerous policemen passively watched on.
At the same time several anti-government 'Spilna Sprava' activists were surrounded by a many dozens of 'Berkut' riot police and brutally man-handled for pitching several tiny tents on Sofia square [video here]
There is credible photographic evidence that Zakharchenko, the country's top policeman, observed, and probably coordinated events on that day from the top of a tall hotel building.
Police actively co-operated with provocateurs who tried to drive a military personnel carrier-type vehicle decorated in provocative symbols [namely, a rabbit skull with crossed carrots] into the square where the opposition-organised 'Arise Ukraine' rally was taking place. [Opposition leader Arsen Yatsenyuk is sometimes called 'the rabbit']
Furthermore the same thugs who assaulted the journalists were seen cordially discussing their days work with 'Berkut' 'space-cadets' before they were allowed to go their own way. These guys are well known and have figured in other situations e.g. during the previous election campaign when 'heads needed to be knocked'. They are known to train in police sports facilities.
Zakharchenko, in total contradiction to the video evidence, pitched an entirely different story in parliament - producing a complete pack of lies, laying the blame for the assault on the opposition..
Zakharchenko was for many many years high-ranking law enforcement officer. He knows in his heart of hearts he has lied to the country to cover for the misdeeds of his patron, Viktor Yanukovych. He knows the police are actively collaborating with mindless thugs. The man is now completely discredited.
Since becoming president there have been many landmark events on Ukraine's slide into authoritarianism. Yesterday was just the latest.
p.s. Note to European politicians: It's not going to get better - the Ukrainian version of 'Lukashenisation' is well under way....and will be resisted...it will not be pretty.
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