The Ukrainian Weekly, 2016
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Criminal Legal Definition of the Concept of Torture and Differential Distinction of Torture from Related Crimes
Issue 4, 2020 Public Administration and Law Review CRIMINAL LEGAL DEFINITION OF THE CONCEPT OF TORTURE AND DIFFERENTIAL DISTINCTION OF TORTURE FROM RELATED CRIMES Alla Radzivill1 1Postgraduate student, Kyiv University of Law of the National Academy of Sciences of Ukraine, assistant judge of the Supreme Court, Kyiv, Ukraine, e-mail: [email protected] Abstract. The article highlights the clarification and definition of criminal legal concept of torture, the study of peculiarities of this crime corpus delicti and its basic features, distinction from related categories; proposals regarding the improvement of provisions of the Criminal Code of Ukraine have been formulated. The purpose of writing this article is represented by the study and criminal legal analysis of torture (Article 127 of the Criminal Code of Ukraine), analysis of the main and qualified corpus delicti of torture under the Criminal Code of Ukraine; the identification of types, methods and ways of torture; the definition of the scientific concept of "torture" and related concepts; the determination of criteria for distinguishing the corpus delicti of torture from related crimes under the Criminal Code of Ukraine; the analysis of international legal acts aimed at protecting human rights and preventing torture and other cruel, inhuman or degrading treatment or punishment; the analysis of Ukrainian national legislation in terms of its compliance with international law in the field of protection of a person from encroachment on his/her life, health, honour and dignity, which represents torture. The methodological basis of the study is represented by a set of methods and techniques of scientific knowledge, both general and special: historical, functional analysis, system-structural, formal-logical, comparative-legal, formal-legal, generalization. -
Academia Militar
ACADEMIA MILITAR Análise da Intervenção Russa na Crimeia Autor: Aspirante de Cavalaria Tiago Filipe Simões Ramos Orientador: Professor Catedrático António José Telo Mestrado Integrado em Ciências Militares, na especialidade de Cavalaria Relatório Científico Final do Trabalho de Investigação Aplicada Lisboa, setembro de 2019 ACADEMIA MILITAR Análise da Intervenção Russa na Crimeia Autor: Aspirante de Cavalaria Tiago Filipe Simões Ramos Orientador: Professor Catedrático António José Telo Mestrado Integrado em Ciências Militares, na especialidade de Cavalaria Relatório Científico Final do Trabalho de Investigação Aplicada Lisboa, setembro de 2019 EPÍGRAFE “Submeter o inimigo sem combater é a excelência suprema.” Sun Tzu i DEDICATÓRIA À minha família. ii AGRADECIMENTOS Esta dissertação representa o culminar dos anos de trabalho, cujo produto não vem só do esforço individual, mas também do apoio de muitos outros, cuja menção é necessária para lhes dar o merecido mérito. Quero começar por agradecer à Academia Militar, instituição que me acolheu, sem a qual não estaria onde estou. Ao Curso Tenente General Bernardim Freire de Andrade, o meu curso de entrada, por todos os momentos partilhados, no “conhaque” e no “trabalho”, desde o início até ao fim da viagem. Ao curso Tenente General de Artilharia e Engenheiro Mor Luís Serrão Pimentel, por me ter acolhido a meio caminho e nunca me ter desenquadrado. Em ambos tenho amigos, sem os quais os longos anos tinham sido ainda mais longos. Ao meu diretor de curso, o Tenente-Coronel de Cavalaria Baltazar, pela dedicação, empenho e paciência na transmissão dos ensinamentos e pela integração no espírito da arma. Ao meu orientador, Professor Catedrático António Telo, cujos conhecimentos e orientação permitiram o desenvolvimento deste trabalho. -
The Ukrainian Weekly, 2018
INSIDE: Our communities remember the Holodomor – page 8 Candle of Remembrance continues its global journey – page 11 Hockey’s Babych brothers on a visit to Ukraine – page 12 THEPublished U by theKRAINIAN Ukrainian National Association Inc., a fraternal W non-profit associationEEKLY Vol. LXXXVI No. 47 THE UKRAINIAN WEEKLY SUNDAY, NOVEMBER 25, 2018 $2.00 Pompeo: Ukraine Requiem at St. Patrick’s commemorates has ‘no greater friend than the United States’ Holodomor’s 85th anniversary RFE/RL U.S. Secretary of State Mike Pompeo has said Ukraine has “no greater friend than the United States” in its struggle against “Russian aggression.” Mr. Pompeo made the remark after meeting with the Ukrainian Foreign Affairs Minister Pavlo Klimkin in Washington on November 16. The secretary of state said the “United States will never accept Russia’s attempted annexation of Crimea,” and that Washington will impose “consequences until Russia returns control of the Black Sea pen- insula to Ukraine.” The two diplomats met on the 10th anniversary of the declaration of a strategic partnership between Irene Rejent Saviano Ukraine and the United States. Ukrainian Catholic and Orthodox hierarchs – Bishop Andriy Rabiy, Metropolitan Antony and Bishop Paul Chomnycky – lead the [The two leaders met, as Mr. ecumenical requiem service held in St. Patrick’s Cathedral. Pompeo said, “to breathe new life into by Roma Hadzewycz cide, the Holodomor of 1932-1933. Paul Chomnycky, OSBM, of the Ukrainian the U.S.-Ukraine Strategic Partnership The service was led by Metropolitan Catholic Eparchy of Stamford, Conn. Commission and to reaffirm our NEW YORK – Ukrainian Americans and Antony, prime hierarch of the Ukrainian Responses were sung by the Ukrainian unwavering support for a democratic their supporters came together at the land- Orthodox Church of the U.S.A. -
The Ukrainian Weekly, 2021
Part 3 of THE YEAR IN REVIEW pages 7-13 THE UKRAINIAN WEEKLY Published by the Ukrainian National Association Inc., a fraternal non-profit association Vol. LXXXIX No. 5 THE UKRAINIAN WEEKLY SUNDAY, JANUARY 31, 2021 $2.00 Ukraine celebrates Unity Day Ukraine’s SBU suspects former agency colonel of plotting to murder one of its generals by Mark Raczkiewycz KYIV – On January 27, the Security Service of Ukraine (SBU) said it had secured an arrest warrant for Dmytro Neskoromnyi, a former first deputy head of the agency, on suspicion of conspiring to murder a serving SBU general. Mr. Neskoromnyi, a former SBU colonel, allegedly plotted the assassination with currently serving Col. Yuriy Rasiuk of the SBU’s Alpha anti-terrorist unit. The alleged target was 38-year-old Brig. Gen. Andriy Naumov. Mr. Naumov heads the agency’s internal security department, which is responsible for preventing corruption among the SBU’s ranks. RFE/RL In a news release, the SBU provided video RFE/RL A human chain on January 22 links people along the Paton Bridge in Kyiv over the and audio recordings, as well as pictures, as Security Service of Ukraine Brig. Gen. Dnipro River that bisects the Ukrainian capital, symbolizing both sides uniting when evidence of the alleged plot. The former col- Andriy Naumov the Ukrainian National Republic was formed in 1919. onel was allegedly in the process of paying “If there is a crime, we must act on it. $50,000 for carrying out the murder plot. by Roman Tymotsko (UPR), Mykhailo Hrushevskyy. And, in this case, the SBU worked to pre- Mr. -
International Crimes in Crimea
International Crimes in Crimea: An Assessment of Two and a Half Years of Russian Occupation SEPTEMBER 2016 Contents I. Introduction 6 A. Executive summary 6 B. The authors 7 C. Sources of information and methodology of documentation 7 II. Factual Background 8 A. A brief history of the Crimean Peninsula 8 B. Euromaidan 12 C. The invasion of Crimea 15 D. Two and a half years of occupation and the war in Donbas 23 III. Jurisdiction of the International Criminal Court 27 IV. Contextual elements of international crimes 28 A. War crimes 28 B. Crimes against humanity 34 V. Willful killing, murder and enforced disappearances 38 A. Overview 38 B. The law 38 C. Summary of the evidence 39 D. Documented cases 41 E. Analysis 45 F. Conclusion 45 VI. Torture and other forms of inhuman treatment 46 A. Overview 46 B. The law 46 C. Summary of the evidence 47 D. Documented cases of torture and other forms of inhuman treatment 50 E. Analysis 59 F. Conclusion 59 VII. Illegal detention 60 A. Overview 60 B. The law 60 C. Summary of the evidence 62 D. Documented cases of illegal detention 66 E. Analysis 87 F. Conclusion 87 VIII. Forced displacement 88 A. Overview 88 B. The law 88 C. Summary of evidence 90 D. Analysis 93 E. Conclusion 93 IX. Crimes against public, private and cultural property 94 A. Overview 94 B. The law 94 C. Summary of evidence 96 D. Documented cases 99 E. Analysis 110 F. Conclusion 110 X. Persecution and collective punishment 111 A. Overview 111 B. -
Annual Report
NATIONAL BANK OF UKRAINE ANNUAL REPORT 2005 Dear Sirs, We would like to offer for your attention the Annual Report of the National Bank of Ukraine for 2005 prepared in accordance with the Law of Ukraine "On the National Bank of Ukraine". The major achievements of Ukraine's macroeconomic development in 2005 primarily were the households' real income growth, unemployment decrease, inflation rate lowering and acceleration in the rates of foreign capi- tal attraction to Ukraine. Ukrainian banks essentially increased crediting of the economy, and the individuals' deposits unprecedentedly grew. International reserves of the National Bank of Ukraine almost doubled. The National Bank of Ukraine's monetary policy in 2005 was aimed at sup- porting the hryvnia stability as a monetary prerequisite for the economic growth, at reaching the long-term social, structural and institutional goals. We consider that the publication of the information of the results of the National Bank of Ukraine activity for the reporting year will promote trans- parency of its work and retaining of confidence in the national monetary unit. I would like to assure you that the National Bank of Ukraine will continue the weighed monetary policy directed towards restraining the inflation rate, ensuring the economic recovery and raising the people's welfare. Sincerely, Governor of the National Bank of Ukraine Volodymyr Stelmakh Council of the National Bank of Ukraine (as at 1 January 2006) Valerii Heiets Valerii Alioshyn Serhii Buriak Anatolii Danylenko Olexander Dubrov Chairman -
Citizens and the State in the Government-Controlled Territories of the Donetsk and Luhansk Regions Problems, Challenges and Visions of the Future
Citizens and the state in the government-controlled territories of the Donetsk and Luhansk regions Problems, challenges and visions of the future Funded by: This document has been produced with the financial assistance of the European Union through International Alert. The contents of this document are the sole responsibility of International Alert and UCIPR and can in no way be taken to reflect the views of the European Union. Layout: Nick Wilmot Creative Front cover image: A mother and daughter living in temporary accommodation for those displaced by the violence in Donetsk, 2014. © Andrew McConnell/Panos © International Alert/Ukrainian Center for Independent Political Research 2017 Citizens and the state in the government-controlled territories of the Donetsk and Luhansk regions Problems, challenges and visions of the future October 2017 2 CONTENTS 1. Introduction 3 2. Methodology 6 3. Findings 7 4. Statements from interviewees 22 5. Conclusions and recommendations 30 Citizens and the state in the government-controlled territories of the Donetsk and Luhansk regions 3 1. INTRODUCTION The demarcation line (the line of contact)1 and the ‘grey zone’ between the government-controlled2 and uncontrolled territories3 of the Donetsk and Luhansk regions separates the parties to the conflict in the east of Ukraine. The areas controlled by the Ukrainian authorities and bordering the ‘grey zone’ are very politically sensitive, highly militarised, and fall under a special governance regime that is different from the rest of the country. In the absence of a comprehensive political settlement and amid uncertain prospects, it is unclear how long this situation will remain. It is highly likely that over the next few years, Ukrainians in areas adjacent to the contact line will live under very particular and unusual governance structures, and in varying degrees of danger. -
The Anti-Imperial Choice This Page Intentionally Left Blank the Anti-Imperial Choice the Making of the Ukrainian Jew
the anti-imperial choice This page intentionally left blank The Anti-Imperial Choice The Making of the Ukrainian Jew Yohanan Petrovsky-Shtern Yale University Press new haven & london Disclaimer: Some images in the printed version of this book are not available for inclusion in the eBook. Copyright © 2009 by Yale University. All rights reserved. This book may not be reproduced, in whole or in part, including illustrations, in any form (beyond that copying permitted by Sections 107 and 108 of the U.S. Copyright Law and ex- cept by reviewers for the public press), without written permission from the publishers. Set in Ehrhardt type by The Composing Room of Michigan, Inc. Printed in the United States of America. Library of Congress Cataloging-in-Publication Data Petrovskii-Shtern, Iokhanan. The anti-imperial choice : the making of the Ukrainian Jew / Yohanan Petrovsky-Shtern. p. cm. Includes bibliographical references and index. ISBN 978-0-300-13731-6 (hardcover : alk. paper) 1. Jewish literature—Ukraine— History and criticism. 2. Jews in literature. 3. Ukraine—In literature. 4. Jewish authors—Ukraine. 5. Jews— Ukraine—History— 19th century. 6. Ukraine—Ethnic relations. I. Title. PG2988.J4P48 2009 947.7Ј004924—dc22 2008035520 A catalogue record for this book is available from the British Library. This paper meets the requirements of ANSI/NISO Z39.48–1992 (Permanence of Paper). It contains 30 percent postconsumer waste (PCW) and is certified by the Forest Stewardship Council (FSC). 10987654321 To my wife, Oxana Hanna Petrovsky This page intentionally left blank Contents Acknowledgments ix Politics of Names and Places: A Note on Transliteration xiii List of Abbreviations xv Introduction 1 chapter 1. -
Smaller Businesses in Ukraine Struggle Amid Lack of Credit
SECTION PARTNER ADVERTISEMENT29 CAN UKRAINE’S BANKS SEE THE LIGHT AT THE END OF THE TUNNEL? IHOR OLEKHOV Partner, Baker & McKenzie, Kyiv Ukraine's commercial banks were hit hard by the economic turmoil. Barely two thirds of the banks survived the crisis. On 1 April 2016 Ukraine had 111 operational banks (compared to 180 on 1 January 2014 and 163 on 1 January 2015), which still seems quite a lot for the current level of Ukraine’s GDP. Is there light at the end of the tunnel for Ukraine’s banks in 2016 and beyond? Ownership Transparency While the fall of Ukrainian banks seems to have reached at its peak in 2015 and continues during the first half of 2016, the NBU could have had very few choices but to adopt aggressive measures aimed at making bank ownership transparent. Historically, many Ukrainian owners tended to be unscrupulous about insider lend- A customer purchases tea at Kyiv’s Tea & Honey shop on May ing and theirs banks are now facing the dilemma of either disclosing their owner- 27. Tatiana Popova, the owner of the small shop, wants to ex- ship structure and increasing capital immediately, or going out of business. The pand her enterprise, but says she can’t aff ord to take out loans NBU successfully implemented measures aimed at making the banks’ ownership transparent and imposed strict deadlines for the shareholders of banks to disclose from banks because of the high interest rates. (Serhii Popov) their genuine ownership structure. These measures were supported by clear sanc- tions applied to offending banks and a clear intention to continue applying such sanctions in the future. -
Biden and Ukraine: a Strategy for the New Administration
Atlantic Council EURASIA CENTER ISSUE BRIEF Biden and Ukraine: A Strategy for the New Administration ANDERS ÅSLUND, MELINDA HARING, WILLIAM B. TAYLOR, MARCH 2021 JOHN E. HERBST, DANIEL FRIED, AND ALEXANDER VERSHBOW Introduction US President Joseph R. Biden, Jr., knows Ukraine well. His victory was well- received in Kyiv. Many in Kyiv see the next four years as an opportunity to reestablish trust between the United States and Ukraine and push Ukraine’s reform aspirations forward while ending Russia’s destabilization of Ukraine’s east. Ukrainian President Volodymyr Zelenskyy is greatly interested in reestablishing a close US-Ukraine relationship, which has gone through a bumpy period under former US President Donald J. Trump when Ukraine became a flash point in US domestic politics. Resetting relations with Kyiv will not be simple. As vice president, Biden oversaw Ukraine policy, visited the country six times, and knows most of its players and personalities, which is an obvious advantage. But Zelenskyy is different from his immediate predecessor. He hails from Ukraine’s Russian- speaking east, was not an active participant in the Revolution of Dignity, has had little contact with the West, and took a battering during Trump’s first impeachment in which Ukraine was front and center. However, Zelenskyy is keen to engage with the new Biden team and seeks recognition as a global leader. The Biden administration would be wise to seize this opportunity. The first priority for the new Biden team should be to get to know the players in Ukraine and Zelenskyy’s inner circle (Zelenskyy’s team and his ministers are not household names in Washington) and to establish a relationship of trust after the turbulence of the Trump years. -
The Annexation of Crimea and Attempts to Justify It in the Context of International Law
LITHUANIAN ANNUAL STRATEGIC REVIEW 2015-2016 Volume 14 11 Erika Leonaitė * Institute of International Relations and Political Science, Vilnius University Dainius Žalimas** Faculty of Law, Vilnius University The Annexation of Crimea and Attempts to Justify It in the Context of International Law The article carries out an assessment of the “reunification of Crimea with Russia” from the point of view of contemporary international law and examines the arguments of Russian legal scholars who try to deny the annexation, i.e. the acquisition of territory by force. The assessment reveals recent changes in the interpretation of the principle of the self-determination of peoples in the Russian official position and legal doctrine, compared to the interpretation of this principle prevalent before the International Court of Justice adopted the Advisory Opinion on Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo. The analysis carried out in the article identifies the arguments and strategies that are employed in seeking to offer an -in terpretation of international legal norms that corresponds to the political interests of the Russian Federation. The examination reveals how new content is attached to international legal concepts in the works of Russian legal scholars who construct a position favourable to the Russian Federation, and in what way legal arguments are combined with statements and theoretical constructs that are irrelevant from the point of view of contemporary international law, thus deleting the boundaries between legal and non-legal reasoning and producing a pseudo-legal narrative that serves the po- litical interests of Russia. Introduction The annexation of part of the territory of Ukraine – namely, the Crime- an peninsula – was unexpected by both the international and academic com- munity. -
Human Rights in Ukraine – 2005
HUMAN RIGHTS IN UKRAINE – 2005 HUMAN RIGHTS ORGANIZATIONS REPORT UKRAINIAN HELSINKI HUMAN RIGHTS UNION KHARKIV HUMAN RIGHTS PROTECTION GROUP KHARKIV «PRAVA LUDYNY» 2006 1 BBK 67.9(4) H68 In preparing the cover, the work of Alex Savransky «Freedom is on the march» was used Designer Boris Zakharov Editors Yevgeny Zakharov, Irina Rapp, Volodymyr Yavorsky Translator Halya Coynash The book is published with the assistance of the International Renaissance Foundation and the Democracy Fund of the U.S. Embassy, Kyiv The views of the authors do not necessarily reflect the official position of the U.S. Government Human Rights in Ukraine – 2005. Report by Human Rights Organizations. / Editors H68 Y.Zakharov, I.Rapp, V.Yavorsky / Ukrainian Helsinki Human Rights Union, Kharkiv Human Rights Protection Group – Kharkiv: Prava Ludyny, 2006. – 328 p. ISBN 966-8919-08-4. This book considers the human rights situation in Ukraine during 2005 and is based on studies by various non-governmental human rights organizations and specialists in this area. The first part gives a general assessment of state policy with regard to human rights in 2005, while in the second part each unit concentrates on identifying and analysing violations of specific rights in 2005, as well as discussing any positive moves which were made in protecting the given rights. Current legislation which encour- ages infringements of rights and freedoms is also analyzed, together with draft laws which could change the situation. The conclusions of the research contain recommendations for eliminating