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Translated by Ollie Richardson & Angelina Siard

02:15:01
21/10/2017

politnavigator.net

On October 12th the grand jury of the European Court of Human Rights by 10 votes to 7 rendered a verdict on the case “Burmych and Other v. Ukraine”, having in one stroke satisfied more than 12,000 claims of Ukrainian benefit recipients affected by the Chernobyl disaster, who for many years demanded the State to pay all social benefits that are due to them. The claims were withdrawn from the judicial database of the ECHR and sent to the Committee of ministers of the Council of Europe for further proceedings with Poroshenko’s regime.

Thus, the European court in Strasbourg washed its hands and gave it to the executive power of the EU to decide what to do with the timer-wasters of the cynical Banderist authorities.

As Ukraine ratified the European convention on human rights 20 years ago, the decision of the ECHR is obligatory for implementation and can’t be protested. Ukraine will be obliged to pay to its citizens a huge sum with a percent, which isn’t provided by the budget that is full of holes.

The ECHR, which for a long time became fed up of doing the Ukrainian judicial system’s work for it, collected over a long period of time the same kind of complaints of Ukrainians into a uniform prosecution, made a positive decision, and bombed the unbreakable representatives of the executive power of Ukraine with the cannon balls that they [ECHR – ed] received. The cannon balls vigorously bounced off the Ukrainian officials, like a ball to a bat. Now Europe pushes forward “large-caliber artillery” in order to force Poroshenko’s regime to overcome collapse by implementing court decisions.

Ukrainian lawyers are horrified by the new prospects. Officials and the population so far didn’t react to the new threat from Europe in any way – all attention is fixed on the show happening near the walls of the Verkhovna Rada.

In order to attract the public’s attention to a new problem, today [October 20th – ed] in Kiev a press conference took place with the participation of the Ukrainian ombudswoman in the Verkhovna Rada Valery Lutkovskaya and her assistant.

Lutkovskaya started her speech on a positive. It appears that Ukraine has something to be proud of. It was one of the first Post-Soviet republics that ratified and signed the European convention on human rights, and was nearly the first in Europe to adopt the special law on the obligatory implementation of ECHR decisions.

And on this, actually, all pride ended. It was smooth on paper.

Despite the pilot program “Yury Ivanov vs Ukraine” issued to Ukraine by Europe in 1999 as “homework”, nothing has changed in the last 18 years – the Ukrainian authorities, having spat on the adopted and ratified laws, weren’t going to cardinally change anything, and repeated claims flew out from Ukraine towards the ECHR, which outraged European judges terribly.

Lutkovskaya sees insufficient funding or the full refusal to give financing, as well as the State’s observance of obligations concerning benefit recipients as the root of the problem. This same law concerning Chernobyl veterans doesn’t work in full order – there isn’t any money in the budget to pay the compensation stated in the court decisions.

However, money is somehow found in the budget – without any courts or ECHR – for various supplements to officials and people’s deputies. Or there is a certain confidential briefcase?

It turns out that for benefit recipients it is the Ukrainian treasury that had to become such a briefcase, which money rolls into. Those citizens who the State or State enterprises owe social payments to had to address the treasury for money. However, for this purpose it was necessary to change the law on State guarantees. Lutkovskaya claims that Yanukovych in 2012-2013 obfuscated this law.

But in reality, as the old man Google whispers, in 2012 the law on State guarantees was adopted. Before the law came into force and before its contents reached officials of all levels, “Euromaidan” happened, and above the citizens left without any State guarantees the sky was covered with diamonds of “€10,000 salaries and €5,000 pensions” [EU promises to Ukraine – ed].

Then over Ukraine the bird of disappointment once again flew overhead, taking away with it all rose and blue dreams of instant penetration of high European standards into all corners of Ukrainian life, and the law on State guarantees for benefit recipients had to again move to the forefront, but for some reason it didn’t. Poroshenko moved to Europe, having left guarantees to the population on the remnants of the old regime.

Lutkovskaya sees a bad omen in the fact that the ECHR will redirect all complaints of Ukrainians to the Committee of ministers of the Council of Europe. Fact finding with the Ukrainian authorities will be transferred from the legal plane to the political plane, because the government of Ukraine has no political will to implement its obligations.

Lutkovskaya doesn’t report how the Committee of ministers of the Council of Europe can influence the political will of the Ukrainian authorities, and even refuses to speak about this topic. Currently she sees the first stage of a solution through consultations with the ECHR and the beginning of intra-Ukrainian dialogue. Apparently, these methods can aid the development of certain new rules of interaction between the authorities and society: what obligations to the citizens the State can and can’t fulfil at present. Having argued in this way, the lady ombudswoman comes to the conclusion that she doesn’t see among the acting political forces in Ukraine those who would be interested in implementing such a program.

Here it is difficult to object to something. Already before the Banderist putsch the pro-Ukrainian-independence authorities weren’t noticed making attempts to establish dialogue with the people concerning the most important questions. And now, when the country is split by “Euromaidan” and the extreme regime formed from the shaky coalition of thieves named after a hardened word – “oligarchs” – along with Banderists, to speak about any internal dialogue and observance of human rights is simply ridiculous. After all, what can a “Banderwashed” State guarantee to its citizens besides the opportunity to croak, which the new cannibal law on medical services testifies to? Doctor death Suprun whets a scythe and hellishly cackles.

In general, the press conference was reduced to the fact that, under the influence of the Committee of ministers of the Council of Europe, the Ukrainian authorities must develop a certain mechanism for the implementation of court decisions not only of the ECHR, but also of the national courts. Neither the ECHR nor European ministers will take measures for the observance of human rights in Ukraine – this is the direct obligation of State bodies.

Lutkovskaya with her assistant expresses confidence that with euro-help in Ukraine by some miracle civil society will awaken, which will wipe its eyes, snap its teeth, and will strictly issue demands to careless officials, forcing the system to work.

However, it’s unclear from where the forever-impoverished State can obtain money for all these payments for the decisions of both the national and ECHR courts. Poroshenko along with Groisman can flex their political will as much as they want, but besides the printing press they don’t have any other ways to fill up the treasury.

Europe won’t bring money to Ukrainian benefit recipients, it won’t come to Ukraine and force officials to implement court decisions. The courts can establish whatever compensations and percent to complainants they want, to appoint a penalty fee, to throw thunder and lightning, but the Ukrainian swamp will continue to further drag everything inside and sink in itself.

For now experts agree that for the non-implementation of the decisions of the ECHR Ukraine in the near future risks being deprived of its right to vote and its membership in the Council of Europe suspended. In the worst case – exclusion from the Council of Europe. It isn’t excluded that Poroshenko’s favourite visa-free regime toy will be taken away from him, and the EU program of already pittance help to Ukraine will be reduced to the bare minimum. I.e., damage will be caused to the foreign policy image of the State, which fell so low that it is difficult to spoil it with an angry cluck.

As for the political support for Ukraine concerning Crimea, the war in Donbass, a sudden opening of the eyes to the terror and lawlessness ongoing in the country, here it is difficult to expect some serious movement from the EU. And after all, it’s not the EU that this “enlightenment” depends on.

The question is to what extent will all these European demands be valuable for Poroshenko’s regime in reality, and what concessions as a result of “consultations” will he agree to make.

As one intelligent plumber once said, in order for something in the country to move off dead center “it is necessary to change the entire system”. But in the mean time there are no prerequisites for this.

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