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Translated by Ollie Richardson & Angelina Siard

22:18:37
12/12/2016

Elena Lukash

How many spears were broken in the polemic “HOW TO CALL the events of the Maidan in 2014.”

For me this is a tragedy, the consequences of which we will feel for decades.

For some it’s a revolution, for others – a state coup…

Not trying to hurt anyone’s feelings, I devote to this question my simple JURIDICAL analysis.

No need to argue. Everything is recorded in the law.

We open the law book On Prevention of Persecution and Punishment of Persons in Relation to Events That Took Place During Peaceful Rallies, and on Declaring Certain Laws of Ukraine Null and Void No. 743-VII dated 21.02.2014.

This is a current law that was not recognized as unconstitutional.

In accordance with this law are EXEMPT FROM CRIMINAL LIABILITY THE CITIZENS who in the period from 21st November 2013 until the date of entry into force of this law were participants of mass protest actions. (part one of article 1).

Pay attention that the phrase “PEACEFUL mass actions” is absent in law and isn’t used.

Let’s find out with the MOMENT THE LAW ENTERS INTO FORCE. “This law shall enter into force on the day following the day of its publication.” (part five of transitional provisions of the law.) The law was published in “Voice of Ukraine” on 27th February 2014, and therefore entered into force on 28th February 2014.

Who signed this law? Aleksandr Turchynov, who intentionally combined two posts – the Head of the Verkhovna Rada and Acting President of Ukraine. The latter post is obviously unconstitutional, but we won’t discuss this now.

What is this law about? EXEMPTION from criminal liability of persons who COMMITTED punishable criminal acts enumerated in the law.

“COMMITTED” – a verb, past tense, plural, active voice. So what was COMMITTED by the participants of mass protests between 21st November 2013 and 28th February 2014? For what were they exempted from liability?

FIRST ARTICLE, for the commission of which criminal liability was abolished is article 109 of the Criminal Code.

It’s called “ACTIONS AIMED AT FORCEFUL CHANGE OR OVERTHROW OF THE CONSTITUTIONAL ORDER OR TAKE-OVER OF GOVERNMENT”.

So, the law DETERMINES that in the period from 21st November 2013 to 28th February 2014 ACTIONS were committed AIMED AT FORCEFUL CHANGE OR OVERTHROW OF THE CONSTITUTIONAL ORDER OR TAKE-OVER OF GOVERNMENT.

HOW and in relation to WHO was this crime committed? Let’s see.

SECOND ARTICLE, for the commission of which criminal liability was abolished, it is article 112 of the Criminal Code, which is called “TRESPASS AGAINST LIFE OF A STATESMAN OR A PUBLIC FIGURE.”

THIRD ARTICLE, for the commission of which criminal liability was abolished – article 113 of the Criminal code “SABOTAGE” or the COMMISSION WITH THE AIM OF WEAKENING THE STATE with explosions, fires, or other actions AIMED AT MASS DESTRUCTION OF PEOPLE, or causing bodily injuries or any other harm to their health…

Read this sentence again. And again.

Here is for WHAT and from which kind of LIABILITY those who identified themselves as “revolutionaries” from 21st November 2013 to 28th February 2014 exempted themselves.

FOR actions AIMED AT FORCEFUL CHANGE OR OVERTHROW OF THE CONSTITUTIONAL ORDER OR TAKE-OVER OF GOVERNMENT

For TRESPASS AGAINST LIFE OF A STATESMAN OR A PUBLIC FIGURE.

For the COMMISSION WITH THE AIM OF WEAKENING THE STATE with explosions, fires, or other actions AIMED AT MASS DESTRUCTION OF PEOPLE and for other crimes that took place in the period from 21 November 2013 to 28 February 2014.

Do you want to see for what else criminal liability via the law for the Carbonaris [revolutionaries – ed] was EXEMPTED?

Criminal Code for you to help: article 121, 122, 125, 128, 129, 146, 147, 151-1, 161, 162, 170, 174, 182, 185, 186, 187, 189, 194, 195, 196, 197-1, 231, 236, 239, 241, 255, 256, 257, 258, 258-1, 258-2, 258-3, 258-4, 258-5, 259, 260, 261, 264, 267, 270, 270-1, 277, 279, 280, 286, 289, 291, 293, 294, 295, 296, 304, 325, 335, 336, 337, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 355, 356, 376, 377, 382, 386, 396, 436.

And for me, the juridical discussion about what to call what happened in the winter of 2014 finishes with this.

Everything is described in the current legislation.

It remains to read and realise.

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