Policing in Ukraine: Lessons for Police Reform
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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. -
No Justice for Journalists in Ukraine, Belarus and Russia September 2011
No Justice for Journalists in Ukraine, Belarus and Russia September 2011 ARTICLE 19 Free Word Centre 60 Farringdon Road London EC1R 3GA United Kingdom Tel: +44 20 7324 2500 Fax: +44 20 7490 0566 E-mail: [email protected] www.article19.org International Media Support (IMS) Nørregarde 18, 2nd floor 1165 Copenhagen K Denmark Tel: +45 88 32 7000 Fax: +45 33 12 0099 E-mail: [email protected] www.i-m-s.dk ISBN: 978-1-906586-27-0 © ARTICLE 19 and International Media Support (IMS), London and Copenhagen, August 2011 This work is provided under the Creative Commons Attribution-Non-Commercial-ShareAlike 2.5 licence. You are free to copy, distribute and display this work and to make derivative works, provided you: 1) give credit to ARTICLE 19 and International Media Support (IMS); 2) do not use this work for commercial purposes; 3) distribute any works derived from this publication under a licence identical to this one. To access the full legal text of this licence, please visit: http://creativecommons.org/licenses/by-nc-sa/2.5/ legalcode. ARTICLE 19 and International Media Support (IMS) would appreciate receiving a copy of any materials in which information from this report is used. This report was written and published within the framework of a project supported by the International Media Support (IMS) Media and Democracy Programme for Central and Eastern Europe and the Caucasus. It was compiled and written by Nathalie Losekoot, Senior Programme Officer for Europe at ARTICLE 19 and reviewed by JUDr. Barbora Bukovskà, Senior Director for Law at ARTICLE 19 and Jane Møller Larsen, Programme Coordinator for the Media and Democracy Unit at International Media Support (IMS). -
Ukraine Nuclear Fuel Cycle Chronology
Ukraine Nuclear Fuel Cycle Chronology Last update: April 2005 This annotated chronology is based on the data sources that follow each entry. Public sources often provide conflicting information on classified military programs. In some cases we are unable to resolve these discrepancies, in others we have deliberately refrained from doing so to highlight the potential influence of false or misleading information as it appeared over time. In many cases, we are unable to independently verify claims. Hence in reviewing this chronology, readers should take into account the credibility of the sources employed here. Inclusion in this chronology does not necessarily indicate that a particular development is of direct or indirect proliferation significance. Some entries provide international or domestic context for technological development and national policymaking. Moreover, some entries may refer to developments with positive consequences for nonproliferation. 2003-1993 1 August 2003 KRASNOYARSK ADMINISTRATION WILL NOT ALLOW IMPORT OF UKRAINE'S SPENT FUEL UNTIL DEBT PAID On 1 August 2003, UNIAN reported that, according to Yuriy Lebedev, head of Russia's International Fuel and Energy Company, which is managing the import of spent nuclear fuel to Krasnoyarsk Kray for storage, the Krasnoyarsk administration will not allow new shipments of spent fuel from Ukraine for storage until Ukraine pays its $11.76 million debt for 2002 deliveries. —"Krasnoyarskiy kray otkazhetsya prinimat otrabotannoye yadernoye toplivo iz Ukrainy v sluchaye nepogasheniya 11.76 mln. dollarov dolga," UNIAN, 1 August 2003; in Integrum Techno, www.integrum.com. 28 February 2002 RUSSIAN REACTOR FUEL DELIVERIES TO COST $246 MILLION IN 2002 Yadernyye materialy reported on 28 February 2002 that Russian Minister of Atomic Energy Aleksandr Rumyantsev and Ukrainian Minister of Fuel and Energy Vitaliy Gayduk signed an agreement under which Ukraine will buy reactor fuel worth $246 million from Russia in 2002. -
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 -
Abuse of Power – Corruption in the Office of the President Is His Most Recent Book
Contents 1. Preface 2. 1 “Evil has to be stopped” 3. 2 Marchuk, the arch-conspirator 4. 3 Kuchma fixes his re-election 5. 4 East & West celebrate Kuchma’s victory 6. 5 Kuchma and Putin share secrets 7. 6 Corruption 8. 7 Haunted by Lazarenko 9. 8 Bakai “the conman” 10. 9 “Yuliya must be destroyed” 11. 10 Prime minister’s wife “from the CIA”? 12. 11 Kidnapping Podolsky & killing Gongadze 13. 12 Covering up murder 14. 13 Marchuk’s “secret coordinating center” 15. 14 Kolchuga fails to oust Kuchma 16. 15 The Melnychenko-Kuchma pact 17. 16 “We can put anyone against the wall” 18. 17 Fixed election sparks Orange Revolution 19. 18 Yanukovych’s revenge 20. Bibliography 21. Acknowledgements 22. A note on the author 23. Books by JV Koshiw Artemia Press Ltd Published by Artemia Press Ltd, 2013 www.artemiabooks.com ISBN 978-0-9543764-3-7 Copyright © JV Koshiw, 2013 All rights reserved. Database right Artemia Press Ltd (maker) The photograph on the front cover It shows President Leonid Kuchma and Viktor Yushchenko clasping hands, while his rival Viktor Yanukovych looks on. Yushchenko’s pot marked face bears witness to the Dioxin poisoning inflicted on him a few weeks earlier during the 2004 presidential election campaign. Photo taken by Valeri Soloviov on Nov. 26, 2004, during the negotiations to end the Orange Revolution (Photo UNIAN). System of transliterations The study uses the Library of Congress system of transliteration for Ukrainian, with exceptions in order to make Ukrainian words easier to read in English. The letter є will be transcribed as ye and not ie. -
Nationality in Ukraine: Some Rules of Engagement Oxana Shevel
Nationality in Ukraine: Some Rules of Engagement Oxana Shevel Although the fall of empires gives rise to states, it need not create nations. The collapse of the Soviet Union 10 years ago did not in- stantly transform citizens of its successor states into members of nations. As in other postimperial settings, in post-Soviet Ukraine the modern nation is built, or not. The question of Ukrainian nation- building deserves the attention it draws from social scientists. De- scribed as “the West of the East or the East of the West,” and strad- dling the faultline between Muscovy and Poland-Lithuania, Ukraine was partitioned among empires, and stood at the cross- roads of various religious and cultural inuences. 1 In today’s Ukraine we perceive ethnic and linguistic diversity, a poor match to modern national ideals where “state borders conne linguis- tic communities, and the languages of speech, politics, and wor- ship are one and the same.”2 In Ernest Gellner’s terms, it is not at all obvious that the Ukrainian political and the national units are “congruent.”3 Attempts to make the nation match the state are called “nation- building,” although this term is extremely broad. In historical terms, attempts to build nations have ranged from wartime eth- nic cleansing to peacetime textbook editing. Nation-building in independent Ukraine has received a good deal of attention in the past decade, with scholars evaluating the results as mixed. Stud- ies of popular opinion question loyalties to the new state, while analyses of nation-building policies characterize them as vague and 1.On early modern Ukrainian politics, consult Frank Sysyn, Between Poland and the Ukraine (Cambridge, Mass.: Harvard University Press, 1985); Andrzej Kaminski, Re- public vs. -
Briefing for the Committee Against Torture on Ukraine
AI Index: EUR 50/001/2007 PUBLIC To all Committee Members c/o Office of the High Commissioner for Human Rights United Nations Office at Geneva CH-1211 Geneva 10 Switzerland April 2007 Briefing for the Committee against Torture on Ukraine Dear Committee Members, In view of the upcoming session of the Committee against Torture (the Committee), Amnesty International would like to take this opportunity to raise some of the organization’s concerns in relation to the implementation of the Convention against Torture in Ukraine. Despite some positive measures which have been taken in the past two years aimed at preventing torture and other ill-treatment, Amnesty International considers that many of the concerns expressed by the Committee following its examination of Ukraine’s fourth report in 2001 are still pressing and some of the Committee’s recommendations are yet to be implemented. In particular, there have been further deportations to Uzbekistan of members of the Uzbek opposition, who were at risk of torture; there continue to be allegations that police ill-treat and torture detainees with the aim of extracting confessions; the authorities fail to carry out prompt, impartial, independent and thorough investigations into allegations of torture and other ill-treatment; there is a lack of clarity about when a detained person can exercise his right to access to a lawyer, and as a result detainees are deprived of their right to legal counsel; overcrowding and a high incidence of tuberculosis in pre-trial detention centres continues to be a problem. Amnesty International is further concerned that individuals who have lodged complaints of torture or other ill-treatment have been subjected to reprisals including ill- treatment and intimidation by police in efforts to dissuade them from pursuing their complaints. -
Ukraine Chornobyl Chronology
Chornobyl Chronology Last update: December 2008 This annotated chronology is based on the data sources that follow each entry. Public sources often provide conflicting information on classified military programs. In some cases we are unable to resolve these discrepancies, in others we have deliberately refrained from doing so to highlight the potential influence of false or misleading information as it appeared over time. In many cases, we are unable to independently verify claims. Hence in reviewing this chronology, readers should take into account the credibility of the sources employed here. Inclusion in this chronology does not necessarily indicate that a particular development is of direct or indirect proliferation significance. Some entries provide international or domestic context for technological development and national policymaking. Moreover, some entries may refer to developments with positive consequences for nonproliferation. Nuclear Waste: 2008-1995 OVERVIEW Spent fuel is generally stored on site in cooling ponds at the nuclear power plants at which the fuel assemblies were used. Ukraine previously sent its spent fuel to Russia to be reprocessed, but this course became a contentious issue after Russia passed a law in 1992 prohibiting the import of radioactive material into Russia. This action resulted in storage crisis at Ukrainian power plants. In 6/93, however, Russia passed a new law that allows Ukrainian spent fuel to be reprocessed, but not stored, in Russia. The law does not allow the import of nuclear waste into Russia, but allows the import of Russian-origin spent fuel as long as the resulting waste is returned to the territory of the state which delivered it. -
The Ukrainian Weekly, 2016
ХРИСТОС НАРОДИВСЯ! CHRIST IS BORN! THEPublished U by theKRAINIAN Ukrainian National Association Inc., a fraternal W non-profit associationEEKLY Vol. LXXXIV-LXXXV No. 52-1 THE UKRAINIAN WEEKLY SUNDAY, DECEMBER 25, 2016 – SUNDAY, JANUARY 1, 2017 $2.00 Sviatoslav Karavansky, Report calls Russian artillery attacks against Ukraine prominent Soviet-era in 2014 ‘acts of war,’ as fi ghting in Donbas escalates political prisoner, dies by Mark Raczkiewycz KYIV – Russia extensively used cross- border artillery fire against Ukrainian mili- tary targets in July-September 2014 in what are considered “acts of war,” accord- ing to a new report by Bellingcat, a group of citizen journalists who use open-source investigation tools and techniques, that was released on December 21. Numbering in the “thousands,” the report says, the cross-border projectiles were the “first and strongest evidence of a direct Russian participation in the fighting.” Although they were already proven to have occurred by Ukrainian officials and the U.S. Ihor Dlaboha government, the new report analyzed the Sviatoslav Karavansky at the Ukrainian extent to which they were used in the sum- National Association in 1980. mer of 2014, when they largely contributed UUARC to stemming a Ukrainian counterattack to Serhiy Yermakov retake the border areas near Russia, and Wounded Ukrainians soldiers get evacuated some 800 meters from the frontline near PHILADELPHIA – Sviatoslav cut off and surround the occupied Donbas Luhanske, a village situated along what is known as the Rostov-on-Don highway, -
Policies and Agricultural Development in Ukraine
I Policies and Agricultural Development in Ukraine Stephan von Cramon-Taubadel Sergiy Zorya Ludwig Striewe (Eds.) II Preface by Ivan G. Kyrylenko, Minister of Agricultural Policy of Ukraine Ukraine needs comprehensive, scientifically-based, purposeful and constructive agricultural policy, which in its logic and principles not only complies with the course of the accelerated market transformation of the country’s economy, but is rather its leading element and encouraging factor. None of Ukraine’s sectors has such favourable preconditions for deep and qualitative reconstruction as agriculture and the other spheres of the Agroindustrial Complex. Today, the revolutionary changes initiated by the famous Presidential Decree “On immedi- ate measures to accelerate agricultural reform” of December 3, 1999 are taking place in the villages. This document can rightly be called historically fateful. Within a short period of time, work of un- precedented volume, speed and scope has been accomplished – the collective agricultural enter- prises were reformed and based on them over 14,000 farms of different types were created, 6.4 mill. citizens received their land share certificates, and 1.5 mill. peasants have already received the state acts for land private ownership. The dream of Ukrainian farmers – to be the real owners of their land – has been realised, therefore. And this is the main benefit of the reforms in 2000. Thanks to the implementation of the Presidential Decree, the structure of land use has changed considerably and the huge energy of private initiative was freed up, generating first posi- tive results – land began to work for its owners. For the first time since Independence, farmers op- erated in 2000 without direct state financial support and intervention in the agricultural operations. -
IMMIGRATION and PROTECTION TRIBUNAL NEW ZEALAND [2015] NZIPT 800742 at AUCKLAND Appellant: AB (Ukraine) Before: L Moor (Memb
IMMIGRATION AND PROTECTION TRIBUNAL [2015] NZIPT 800742 NEW ZEALAND AT AUCKLAND Appellant: AB (Ukraine) Before: L Moor (Member) Representative for the Appellant: J Yakunina Counsel for the Respondent: No Appearance Dates of Hearing: 2 & 3 June 2015 Date of Decision: 25 June 2015 ___________________________________________________________________ DECISION _________________________________________________________________ [1] This is an appeal against a decision of a refugee and protection officer, declining to grant refugee status and/or protected person status to the appellant, an ethnic Russian citizen of Ukraine. INTRODUCTION [2] The appellant claims to be at risk of being persecuted because he objects to being forced to serve in the Ukrainian military against ethnic Russians. He also fears harm at the hands of the Ukrainian authorities or pro-Ukrainian extremist groups, as he opposes the current Ukrainian government and fears being viewed as a separatist. [3] The Tribunal finds that the appellant’s account is credible. For the reasons which follow, it finds that the appellant does have a well-founded fear of being persecuted for reasons of political opinion. He would face a term of imprisonment if he refuses to serve in the Ukrainian military. The Ukrainian military is currently engaged in a conflict in which it commits internationally condemned acts through breaches of international humanitarian law and international human rights law, and 2 there is no alternative to service available to him. The Tribunal finds the appellant is a refugee. [4] Given that the same claim is relied upon in respect of all limbs of the appeal, it is appropriate to record it first. THE APPELLANT’S CASE [5] The account which follows is that given by the appellant at the appeal hearing. -
6003202441.Pdf
UDC 94(477) S66 True History Series founded in 2018 Translator Ganna Krapivnyk Scientific consultant Serhiy Pechenin Graphic designer Olena Huhalova-Mieshkova Printed on order of the Ministry of Information Policy of Ukraine FOR FREE DISTRIBUTION If you have purchased this book, please, contact us at: [email protected] © Yu. Soroka, 2018 © G. Krapivnyk, translation, 2018 © О. Huhalova-Mieshkova, graphic ISBN 978-966-03-8514-6 design, 2018 (True History Series) © Publishing House «Folio», series, ISBN 978-966-03-8550-4 2018 CONTENTS Panticapaeum as the Oldest City in Ukraine and Eastern Europe .......6 Scythian Victory Over King Darius’s Persian Troops ....................8 Scythian Victory Over Zopyrion, a Military Commander of Alexander the Great ...........................................10 The Great Slavic Expansion in the 6—8th Centuries ...................12 The Foundation of Kyiv ..............................................14 Prince Oleg’s Campaign to Constantinople ...........................16 Sviatoslav’s Danube Conquests ......................................18 Kyivan Rus Baptization ..............................................20 Kyiv Saint-Sophia Cathedral Construction ............................22 Victory Over the Pechenegs in 1036 .................................24 Anna Yaroslavna, Queen of France ...................................26 The Advent of “The Tale of Bygone Years” ............................28 The Appearance of the Term “Ukraine“ ...............................30 The Coronation of King Daniel .......................................32