Dictatorship Laws In Ukraine
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The Ukrainian anti-protest laws were a group of ten laws restricting
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
and freedom of assembly passed by the Verkhovna Rada (Parliament of Ukraine) on January 16, 2014, (referred to as Black Thursday) and signed into law by President Viktor Yanukovych the following day, amid massive anti-government protests known as “Euromaidan” that started in November. The laws were collectively known as the "laws on dictatorship" ( uk, закони про диктатуру, russian: Зако́ны о диктату́ре), by
Euromaidan Euromaidan (; uk, Євромайдан, translit=Yevromaidan, lit=Euro Square, ), or the Maidan Uprising, was a wave of Political demonstration, demonstrations and civil unrest in Ukraine, which began on 21 November 2013 with large protes ...
activists, non-governmental organizations, scholars, and the Ukrainian media. In the aftermath of their passing, Western nations criticised the laws for their undemocratic nature and their ability to significantly curb the rights to protest, free speech and the activity of non-governmental organisations. They were described in the media and by experts as " draconian", with Timothy Snyder claiming that they effectively established the nation as a dictatorship. The laws were widely denounced internationally, with US Secretary of State John Kerry describing them as "anti-democratic". The laws were developed by MPs Vadym Kolesnychenko and Volodymyr Oliynyk from the ruling Party of Regions, and supported by a voting bloc consisting of the Party of Regions, the Communist Party and some independent MPs. They were adopted with a number of procedural violations. In accordance with enforcing the new laws,
Interior Minister An interior minister (sometimes called a minister of internal affairs or minister of home affairs) is a cabinet official position that is responsible for internal affairs, such as public security, civil registration and identification, emergency ...
Vitaliy Zakharchenko pledged that "each offence will be met by our side harshly." After the laws were passed, widespread violence erupted between protesters and security forces, escalating the Euromaidan movement and resulting in the Hrushevskoho riots and then the Revolution of Dignity. As a result of the escalation the laws were causing, nine anti-protest laws were cancelled by the Verkhovna Rada on 28 January 2014.Law on scrapping January 16 legislation published in Ukraine
Interfax-Ukraine The Interfax-Ukraine ( uk, Інтерфакс-Україна) is a Kyiv-based Ukraine, Ukrainian independent news agency founded in 1992. The company does not belong to the Russian news corporation Interfax Information Services. The company pub ...
(3 February 2014)


Procedure

When adopting the laws the Verkhovna Rada violated a number of its own procedural rules. The laws were voted mostly by showing of hands. This is allowed by the Rules of Procedure uk but only when there is no "technical possibility" to vote through the electronic system. Moreover, hands were "counted" within a few seconds, based on the number of MPs included in the parliamentary groups, while many MPs were in fact absent. Diplomats observing the votes counted only some 100 to 140 raised hands, while the laws would have needed to be adopted by a majority of 226 votes. Most of the laws were adopted without prior consideration in the parliament's committees as required and with no time for examining the laws even by the MPs.


Provisions

The laws had provisions such as: *Criminalizing "extremist activity", which according to TI Ukraine is defined in "broad and vague terms", with a hefty fine for a first offence and up to three years in jail for a repeat offence. *Simplifying the process of removal of
parliamentary immunity Parliamentary immunity, also known as legislative immunity, is a system in which politicians such as president, vice president, governor, lieutenant governor, member of parliament, member of legislative assembly, member of legislative council, s ...
during criminal proceedings to a majority vote in the Parliament. A prior review is no longer required by the
Parliamentary committee A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more ...
. *Extending and applying amnesty from prosecution previously adopted by the Verkhovna Rada to those who committed crimes against protestors, including Berkut security forces and other law enforcement officials; *Allowing trial in absentia of individuals, including prison terms in cases where the person refuses to appear in court when criminal proceedings in the absence of such person are pronounced possible; *Simplifying procedures for serving summons and filing administrative protocols; *Creating a penalty for blocking access to residential buildings of up to six years in jail; Further provisions included: *Drivers of
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s of more than 5 cars, if they cause traffic jams, face the loss of their driver's license and vehicle for up to two years (unless permission is obtained from the Ministry of Internal Affairs); *Gathering and disseminating information about the Berkut, judges, or their respective families carries a penalty of up to 2 years in jail; *
Defamation Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
, either by means of press or social media, carries a penalty of up to one year in jail. *Law enforcement officials involved in similar activities and their families face a maximum prison term of six months; *The penalty for blocking government buildings is up to five years in jail; that for blocking of entrance to a residence is up to three years of restriction of liberty *Up to 15 days in jail for unauthorised installation of tents, stages and sound equipment; * Anti-mask law with the provision of up to 15 days in jail for participation in peaceful gatherings wearing a mask, camouflage clothing, scarf, helmet, or other means of concealing or protecting one's face or head; * Non-governmental organizations that accept foreign funds must register as " foreign agents" and face high scrutiny and additional tax measures; *Mandatory licensing of Internet providers; *Provisions for legal governmental Internet censorship; *A broad definition of "extremist activities," which disallows non-governmental organizations and churches from engaging in support of civil protests.


Repeal

On January 28, the Parliament voted to repeal nine of the laws, with 361 of the 450 MPs in favor. In what '' The New York Times'' described as a compromise, the Parliament approved more limited versions of some restrictions: for example, the destruction of monuments was recriminalized, but was specified to cover only anti-fascist monuments, and not statues of Lenin. On 25 August 2014 President Petro Poroshenko claimed he had called the
2014 Ukrainian parliamentary election Snap elections to the Verkhovna Rada took place on 26 October 2014. Petro Poroshenko, the President of Ukraine, had pressed for early parliamentary elections since his victory in the presidential election in May.anuary 2014Dictatorship laws that took the live of the Heavenly hundred".Ukrainian President dissolves Parliament, announces early elections
United Press International (25 August 2014)Ukraine's Petro Poroshenko Dissolves Parliament, Sets Election Date
The Moscow Times (26 August 2014)President's address on the occasion of early parliamentary elections of October 26
, Presidential Administration of Ukraine (25 August 2014)
In this election 64 MPs (according to the Center for Political Studies and Analytics; some of these 64 MPs denied they had supported the laws) who had supported the "Dictatorship laws" were re-elected; most of them in constituencies (who had a first-past-the-post electoral system in one round (candidate with the highest vote total won)).Parliament passes law on parliamentary elections
'' Kyiv Post'' (17 November 2011)
Draft Law on the election of members of Parliament of Ukraine
, Venice Commission (28 June 2011)
On 11 December 2014 these 64 MPs were banned from senior
parliamentary committee A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more ...
posts.


Aftermath

On 15 February 2015 Oleksandr Yefremov was arrested for forgery of documents during the adoption of the 'anti-protest laws'.Court extends pre-trial restriction on ex-Regions Party faction head Yefremov until Aug 1
UNIAN (27 June 2015)
At the time of the adoption of the anti-protest laws, he was Party of Regions
faction leader Faction or factionalism may refer to: Politics * Political faction, a group of people with a common political purpose * Free and Independent Faction, a Romanian political party * Faction (''Planescape''), a political faction in the game ''Planes ...
in the Ukrainian parliament.


Reactions


Domestic

The Ukrainian opposition warned the new measures would further inflame the protest movement, and called for a big gathering in the capital Kyiv on Sunday. January 16 was dubbed ''Black Thursday''. On the topic of these disputed laws, jailed oppositional politician and Former Prime-Minister of Ukraine Yulia Tymoshenko said the following: The Mejlis of the Crimean Tatar People denounced the laws, stating "The government has moved into an open attack on the fundamental rights and freedoms, including adopting a cynical failure of parliamentary procedures and democratic principles laws that violate the Constitution and international obligations of Ukraine, restrict the right to free assembly, free speech and the media," and warned against the use of violence in protests helping to establish the Yanukovych regime as a dictatorship. Lviv mayor Andriy Sadovy declared the laws unconstitutional and that they would not be enforced in the city. *- The Ukrainian Minister of Foreign Affairs, Leonid Kozhara, noted in a statement of the Ministry that the laws "are aimed at implementing into the Ukrainian legislation a number of rules that already exist in the laws of most European countries, and comply with internationally accepted democratic standards and international practices".


International

* – In a tweet on Thursday following the events in parliament, European Union Enlargement Commissioner Stefan Fuele said he was "profoundly concerned by new legislation limiting freedoms". He said the move contradicted Ukraine's "European aspirations" and its commitments in the European Union – Ukraine Association Agreement, which President Yanukovych abruptly refused to sign in November, amid Russian economic pressure uk. * – Secretary of State John Kerry said "the legislation that was rammed through the Rada (parliament) without transparency and accountability violates all the norms of the OSCE and the EU." He further described the laws as "anti-democratic". * - Prime Minister
Stephen Harper Stephen Joseph Harper (born April 30, 1959) is a Canadian politician who served as the 22nd prime minister of Canada from 2006 to 2015. Harper is the first and only prime minister to come from the modern-day Conservative Party of Canada, ...
said in a statement to reporters accompanying his diplomatic trip to the Middle East that the protests were because the Ukrainian government's actions "very much remind krainiansof their anti-democratic and Soviet past" and that his government will call for an emergency debate on the Ukrainian situation when the
Parliament of Canada The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the ...
reconvened on 27 January 2014.


Non-governmental organizations

*Wikipedia – Announced a daily shutdown of the Ukrainian language version of the encyclopedia from January 21 onward, from 4:00 to 4:30 PM in protest of the laws. The site announced the shutdown in a declaration titled ''Against Censorship''. :uk:Вікіпедія:Закон № 721-VII


See also

* Human rights in Ukraine


References


External links


Full text of 721-VII
from the website of the Parliament of Ukraine ''(Ukrainian)''
Full text of 723-VII
''(Ukrainian)''
Full text of 722-VII
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Full text of 731-VII
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Full text of 725-VII
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Full text of 724-VII
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Full text of 728-VII
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Full text of 729-VII
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Full text of 726-VII
''(Ukrainian)'' {{Euromaidan 2014 in law 2014 in Ukraine Political repression in Ukraine Law of Ukraine Euromaidan 7th Ukrainian Verkhovna Rada Police brutality in Ukraine Anti-protest law