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Oleksandr Sergienko
What was the first thing that came to mind after reading the “letter” on the letterhead of the Prime Minister of Ukraine about the need to coordinate mass events in Kyiv with the General Staff of the Armed Forces of Ukraine? My participation in a rally in support of Lithuania, which declared independence on March 11, 1990. The rally was organized by the People's Movement of Ukraine (then it was still called “for perestroika”). Having just been elected a deputy of the Kyiv City Council, I spoke from the rostrum about the support of the Lithuanians, but not by the entire Kyiv City Council, but only by that part of it that formed the Democratic Bloc (actually Rukh). The rest formed the Komblok (communist, no matter how wild it sounds today) and, of course, did not support the declaration of independence of Lithuania at all.
The next day at 7 am, an investigator from the prosecutor's office came to my house, showed me my photo on the podium (an operational one, as I understood it) and asked: “Is that you?”. “Well, of course, it's me, why should I hide?” he replied, not familiar with the tricks of political maneuvering. “Then,” he said, “you will be held accountable for participating in an unauthorized rally…”
Today, after the Revolution on Granite, the “Ukraine without Kuchma” campaign, two Maidans, and three and a half years of full-scale war, “Svyridenko's letter” — what is it, Back in the USSR again?
What is written in the “letter” of the Prime Minister of Ukraine
First of all, why should this name be put in quotes? Because the status of the “letter” is unknown, it is not on the CMU website (at least I did not find it), the scan, which was published by many publications, does not contain a title — a resolution, an order or an order — and does not have any numbering or number, just a form. What is the “letter” about? I quote in full from the published scan:
“Taking into account the requirements of Article 8 of the Law of Ukraine “On the Legal Regime of Martial Law”, I ask that in the event of planning mass (ceremonial) events, they be necessarily coordinated with the military command in their areas of responsibility, and in Kyiv – with the General Staff of the Armed Forces.”
Next comes a list of names unknown to the general public without specifying their positions. The “letter” is addressed to ministers, other heads of central executive bodies, heads of regional and Kyiv city military administrations.
So, all this looks like a shoddy clerical forgery, as secretaries say, a “sticky note.” But the fact that the “letter” exists in one form or another is beyond doubt: the head of the KMVA, Timur Tkachenko, has already managed to issue a corresponding order and comment on its content.
The KMVA order states:
- all applicants requesting approval to hold mass events in Kyiv must first obtain permission from the General Staff;
- organizers whose applications are already being processed are also required to go through this procedure and report the results to the KMVA;
- Information about the new rules must be brought to the attention of all performers and responsible structures.
So, the “letter” exists, and it’s no joke : organizers and participants of mass events (ceremonial or not, that’s another matter) can be charged under Article 185-1 of the Code of Ukraine on Administrative Offenses “Violation of the Procedure for Organizing and Holding Meetings, Rallies, Street Marches, and Demonstrations.” The punishment is a small fine that won’t scare even a student, but the residue in public consciousness is extremely unpleasant, in fact, it’s about banning mass events without the permission of the authorities . Does this comply with the legislation and the Constitution of Ukraine?
Is it possible to hold rallies during war?
“Citizens have the right to assemble peacefully, without weapons, and to hold assemblies, rallies, marches, and demonstrations, the holding of which is notified in advance to executive authorities or local self-government bodies,” the Constitution of Ukraine states in Article 39. And further: “Restrictions on the exercise of this right may be established by a court in accordance with the law and only in the interests of national security and public order…”
The official interpretation of the provisions of this article is in the decision of the Constitutional Court No. 4-rp/2001 of April 19, 2001. It is that the authorities do not have the right to permit or prohibit mass events , they only have the right to ensure the conditions for their holding. Only the court can prohibit or restrict them. The decision of the Constitutional Court of Ukraine directly states: “the requirement to obtain prior permission to hold individual peaceful religious gatherings in public places contradicts the provisions of Part One of Article 39 of the Constitution of Ukraine , which, as direct action norms, establish the need only to notify executive bodies or local self-government bodies in advance about holding a peaceful gathering, which can be of both religious and non-religious nature” (emphasis added by me. – O.S. ). This is in peacetime, but what about wartime?
Paragraph 8 of Article 8 of the Law of Ukraine “On the Legal Regime of Martial Law”, to which Svyrydenko’s “letter” refers, establishes that the military command, together with military administrations, may introduce and implement, within the framework of temporary restrictions on the constitutional rights and freedoms of man and citizen, the following measures of the legal regime of martial law: “to prohibit the holding of peaceful assemblies, rallies, marches and demonstrations, and other mass events”. So, here too, we are not talking about prior approval or any permits. The fact that the leaders of some OVAs (jumping out of their pants, figuratively speaking) have banned the holding of mass events in their regions in advance only testifies to their legal ignorance, as well as the desire to “tighten the screws” on activists and please Bankova. It is known that these are the Kyiv, Poltava, Sumy, Khmelnytsky OVAs (maybe some others, I don’t know).
But the requirement to pre-coordinate, for example, concerts or sports competitions in Kyiv with… the General Staff of the Armed Forces of Ukraine sounds especially resonant! As if during the war it has nothing to do except check the organizers of the events for… loyalty or involvement with the Russian FSB. And why not? After all, no criteria or procedures for providing “pre-approval” have been established, so the General Staff can check whatever it wants.
Well, the law-abiding nature of the head of the KMVA, Timur Tkachenko, is well known to everyone. What is the point of just conniving with the heads of district administrations who set illegal tariffs for the maintenance of apartment buildings , but Tkachenko did not cancel them. He did not even pay attention to the instructions of the State Regulatory Service. Now, along with him, Prime Minister Yulia Svyrydenko is also speaking, and it is high time for her to read the Constitution and individual laws of Ukraine.
Are there rational reasons for involving the military?
At first glance, there is: providing military protection for a mass event, at least strengthening air defense during its holding. Any follower of the presidential team will tell you this. However, this view is completely amateurish – no air defense means will be enough to cover the concerts of some, with all due respect, Monatic in the Palace of Sports. The air defense is already working at the limit or even beyond the limit of its capabilities together with other Defense Forces.
The argument against allowing concerts and entertainment shows during mourning days is equally weak. On the one hand, they cannot be predicted in advance, and on the other, the National Police reacts promptly to their inappropriate holding, as happened recently on Sofiivska Borshchahivka near Kyiv.
Therefore, the only conclusion that emerges from this entire murky story is this: Svyrydenko's “letter” is a clumsy attempt by the authorities to intimidate potential participants in the next “Cardboard Maidan.” Only, I think, they attacked the wrong ones.
