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Evhenyj Zaharov

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Mixed hatchet and a scalpel

May 23, 2017

So in a nutshell, nA my opinion, can be characterized by a decree of President of Ukraine “On the decision of the National Security and Defense Council of Ukraine of 28 April 2017” On the application of personal special economic and other restrictive measures (sanctions), “which introduced a one-year (or three years, five years, indefinitely -. to each his own), various restrictions on the 468 legal entities and 1228 individuals About this in his blog on the NRwrote the well-known human rights activist, member of the Board of the Ukrainian Helsinki human Rights Union, the head of Kharkiv Human Rights Group Evgeniy Zaharov.

The following is the opinion of human rights activist:

Let’s try to argue from a position of affirmation and protection of human rights, which, according to Article 3 of the Constitution of Ukraine, is … the primary responsibility of our state.

According to the second part of Article 22 of the Constitution: “With the adoption of new laws or amending existing laws are not allowed narrowing of the content and scope of existing rights and freedoms.” At the same time it is obvious that imposed by the Decree (ie, the act is not even legislative and executive authorities) sanctions restrict the key rights and freedoms guaranteed by the Constitution: the right of ownership (Article 41) and / or freedom of information (Article 34) and / or creative freedom (article 54), and in respect only of individuals – even and / or the right to respect for private and family life (article 32) and / or freedom of movement (article 33).

In order to determine whether the restriction on the right (freedom) justified and valid, it is necessary to turn to his assessment on the basis of principles of the European Convention on Human Rights in 1950 Namely, the restriction of rights must be based on law, pursue a clearly defined goal of Limitations of fundamental law of Ukraine a list of objectives and be proportionate (adequate) in relation to the alleged threat was detected.

In any case, the effects of restrictions on rights and freedoms must bring less damage to society and the individual than the full implementation of the subjective right in its former, that is full. In our case, as far as can be judged, run by a presidential decree limiting the rights and freedoms formally based on the Law of Ukraine “On sanctions” on August 14, 2014, are intended to protect national security (or other objectives listed in Article 1 of the Law “On sanctions” ).

As for the answer to the question whether the rights and freedoms within an acceptable scale violated, the answer can only distance a thorough analysis of the proportionality introduced restrictions stated objectives. Such an analysis, which is very important, must be carried out with respect to each of the listed individuals and entities. In this case, a number of rights may be restricted only after a court decision to impose such restrictions. In any case, the principle of the rule of law requires the State and its agents provide a convincing argument in favor of the need to limit the rights.

Strictly speaking, to restrict the constitutional rights can only be in that case, if no such restriction is really impossible to do. Such a requirement is contained in the well-known presumption: based on the law and the court sanctioned restriction of the right should be recognized as “necessary in a democratic society”.

Whether in this case complied with the required procedure? I suppose not, but was glad to be wrong.

List of individuals to sanctions, including not only the citizens of Russia, but also in other foreign countries. It also got some Ukrainian citizens. We are talking about people living in the occupied territories as the Crimea, Donetsk and Lugansk regions and the territories controlled by the Ukrainian government. And I do not understand how in regard to the latter can act without prior court decision is most often found in the list of restriction of their property rights.

We are talking about blocking assets as a temporary restriction of a person the right to use and dispose of property belonging to him. Such a restriction may be regarded as an infringement of the fundamental right to private property is permissible only in the case of introduction of a state of emergency.

For example, a citizen Zagnibeda KG (№210 in the list), registered and residing in Slavyansk, should, it seems, for a year to get away from his home? And where? The all-knowing Google said that Mr. Zagnibeda born in 1963 – is an entrepreneur, the owner of the LLC “ZAGNIBEDA LTD” with the main activity:. “The production of plates, sheets, tubes and profiles made of plastics.”

In 2015, he ran for city council Slavic, being number 12 in the list of “Ukrainian parties honor the fight against corruption and organized crime.” More than anything substantive, I have not found, so to see at least a hint of why in this case to impose sanctions, failed. It is clear only that, apparently, during the occupation, Mr. Slavyansk Zagnibeda aggressor is not promoted, otherwise would have been prosecuted.

The list of legal entities – offshore companies, banks, airlines, industry, particularly engineering, enterprise, television and radio, social networking, and other services (cloud storage, navigation, music, etc.), software developers (hereinafter – Software) … Many of them have Ukrainian registration, they are in Ukraine and employ ordinary citizens of Ukraine.

Puzzling hit by sanctions of the Russian company “1C” and its Ukrainian representative office of LLC “1C Multimedia Ukraine”. Accounting computer system 1C uses 80% of Ukrainian enterprises of small and medium-sized businesses, the majority of public organizations.

It appears that in this case it is necessary to have very good reasons for decisions on sanctions, the data base must be sure to explain to the population. In general, a review of Ukrainian software development companies have come under the sanctions shows that they all have one similar trait – are subsidiaries or representative of the Russian companies. Is this the only and therefore sufficient from the point of view of the authorities, the legal basis?

Let’s consider the well-known company OOO “Parus-Ukraine”, working on the Ukrainian market since Soviet times. Referring to its website: parus.ua. The main activity of the group of companies “Sail” – the development, promotion and implementation of software for enterprise management. Today, the company – one of the largest software companies in Ukraine, developing business management. In addition to the development of the Center, for the period of its operation, the central office has developed a strong regional network of over 28 regional offices (see. №№ 443-468 in the legal list. Of persons) and more than two dozen dealers. The number of employees is more than 550 professionals, of which more than 250 are working in Kiev.

“Sail” Number of product installations exceeds 200,000, the software operates in more than 20,000 organizations. Users of software products “Sail” is the enterprise telecommunications, large industrial companies, oil and gas companies and thermal power complex, trading companies, insurance, credit and financial companies, design and construction organizations, enterprises transport and logistics, printing companies, publishing and media, restaurant complexes, cafes, bars, pubs, pizzerias, hotels, boarding houses, recreation, night sports and fitness clubs, entertainment centers, water parks, sire structure governmental administration, ministries, departments, committees, universities, medical and health institutions.

At the same site, “Sail” claims that his clients include 80% of the main managers of budgetary funds, including, in particular, the Ministry of Defense, Ministry of Internal Affairs, State Border Service, the regional management of the State Migration Service and emergency services, “Ukrtelecom” “Ukrnafta” SDO “Yuzhnoye”, National school of judges, and many other government agencies.

So it does not surprise me an urgent message on the official website, which appeared May 16 immediately after the release of the Decree, which reads as follows: “Sail” – a group of Ukrainian companies! Information about this can be found on the website under parus.ua “Copyright and Permissions”. Hit in the sanctions list in respect of the group of companies “Sail” is not valid, we will be challenged and is perceived by us as pressure.

And I was not surprised by the appearance of proposals to use all soon any new software products of Ukrainian origin, instead of products 1C, “Sail” and other subsidiaries of Russian software developers. I would like to still hear the explanation why many software developers to apply such a truly draconian restrictive measures.

But imposing sanctions on companies such as “Doctor Web”, “Kaspersky Lab” and their Ukrainian representative offices as no surprise. I had a lot to hear from system administrators familiar that these anti-virus programs as mail.ru complex can not be used, because they are engaged in espionage, embedded in the operating system of aggressive, damage the installation browser, install bugs and illegally collect information without permission and warn users.

In particular, personal information, financial records, data on the location, movement, and the like. The illegal collection of personal data and use them to the detriment of Ukraine also blame social networks “in contact” (VC) and “Classmates” (OK). In particular, the military claimed that the publication of photos of its soldiers in social networks sometimes leads to their death.

If the appeal to the social networks of people involved in the public sector, has brought serious harm to the national security and other public interests listed in Article 1 of the Law “On sanctions”, the restriction of access of civil servants and all other people working in state institutions, seem justified. But whether the state can restrict access to social networks of millions of people, to do with the public institutions do not have? I think it is – a massive violation of the right to privacy and freedom of expression.

The impression is that the imposition of sanctions is motivated primarily by some purely private, commercial and economic interests, and seeks to harm the financial interests of specific companies. In this vein, the sanctions would contribute to both the development of Ukrainian business. For example, as you know, “Yandex” and other Russian companies have brought down Ukrainian advertising market on the Internet and drove with him Ukrainian competitors. Sanctions will remove from the market “Yandex” and others. But it does benefit from that Ukrainian consumers? All this looks very doubtful and uncertain …

And I was wondering if anyone thought about the people who use “Yandex-purse”? For example, they can take in case of need their money? Or initial calculation was that the ban on access to web resources and easy to get around because all who need to quickly learn how to do it? This is indicated by many defenders of Presidential Decree – he, they say, is not directed against users, but against the companies, and that in our democratic state, no one will interfere with the VC and UC fans enjoy this personification of “Russian world”.

But older people remember well how quickly passed us by “enemies uneshnih” to “enemies unutrennim”. Here and now there are voices, including some active deputies, that you need to watch out for those who violate the decree and to hold them accountable. Our state has long dreamed of control over the internet, there have been several attempts to establish it. As long as they did not work. But to deal with the introduction of Internet control under the pretext of protecting information security during the war with the Russian aggressor will be more difficult. In any case, I really do not want to Ukraine in the national security services is easily confused with a rusty ax a surgical scalpel.

Sourse, 22/05/2017

Why “Savchenko law” did not need

May 22, 2017

“Savchenko Law” in Ukraine was canceled because it was no longer necessary. Prisoners who could list the period they were released or left to sit much less.

This edition Gazeta.ua said May 21 Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group.

“Law Savchenko” long wanted to cancel. And it happened. He played a role. It was difficult to differentiate for whom he acted. Therefore, it is easier to cancel than to change it for something. Everyone who could be counted period, then they have listed. Someone ended term of imprisonment or decreased significantly. For its abolition outweighed the negative attitude in the society to the fact that the release of prisoners, and the appearance of rejection Hope Savchenko. “

The law does not provide clear guidance on how to act with people who put life:.. “Do not take into account only the situation with the prisoners, which condemned the life one listed, while others refused because they thought that they are the law does not apply was discussion on about it. In the framework of “law Savchenko” would replace a life sentence for a specific sentence. But with the abolition of the law of the matter was dropped. “

In general, “the law Savchenko” had more positive than negative: “The law reduces the time of those who were in remand prisons with appalling conditions also for those who are convicted of the Code, which was in force until November 2012. Then it was possible to send the case to the.. . for further investigation and the suspect remained in jail for 7-10 years in pretrial detention were men 3-4 times more than the intended place of some forced to sleep in the same bed or in turn, poorly fed These conditions -.. Therefore, for the torture. “Savchenko law” be considered the year in Jail in prison was just over 2 years.

Now there are prisoners who have been tried under the old Code, the nearly empty prison. The conditions in the prison became a little better, though, if only because there is no overcrowding. The new code can be kept in the remand prison of the people can be punished at least 5 years imprisonment.

Negativity of the law there were some prisoners who were sitting at a fairly violent crimes and came much earlier on will than need. Some of them commit crimes again, but it’s not the fault of the law. “

Recall May 18 the Verkhovna Rada has supported the abolition of the so-called “Savchenko law.” He acted with the December 24, 2015. Terrible condition of detention centers and the conditions in which people with respect to which there is a consequence and court, have become the main motive for the adoption of this law. During the operation of the law 10.2 thousand. Inmates released early. Of these, 1.5 thousand. Went back under arrest and trial. We predicted that under this law, to freedom had to get another 34 thousand. Prisoners.

Sourse, 21/05/2017

I do not see any improvement in the human rights situation in Ukraine

May 15, 2017

– Last year in Ukraine, there were signs of improvement in the economy. Increased currency reserves, improve social standards. But I do not see any improvement in the human rights situation, – said the head of the Kharkiv Human Rights Group, a board member of the Ukrainian Helsinki Human Rights Union Evgeniy Zaharov .

– For example, police reform stalled. And for good reason. Only in October last year raised the salaries bulk of police – investigators, operatives, the local inspector. And before they received much less patrol. Disappeared motivation to work. Shortage in the areas reached 30 percent. It does not have someone to work with.

– What should I do first?

– Who have the opportunity to continue to change. First of all, in the criminal section. Most necessary for today – the reform of the Criminal Investigation and the investigation.

– What are the effects of human rights guard the most?

– The lack of mercy on the part of the state to its citizens. Everything comes from poor governance.

Recently I spoke to the chief doctor of the psychiatric hospital of Kharkiv. He said that from the budget to the patient per day on food are seven hryvnia for treatment – six. On drugs means no. The institution of the situation so decide. Privileged categories, war veterans or consumptive assigned 56 hryvnia powered. Their pros and divide at all. Also, spending on food by all means from the paid services that an institution provides to citizens. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

Clearly, the war takes more resources. But you can not treat people like this.

– whether the police are changing?

– It is not that they do not do anything. But they are ineffective. Prosecutors complain that police salary is more than theirs. But the re-certification of police virtually failed. Because it was carried out on the basis of ill-prepared legal act. As a result, one could appeal against the dismissal in court.

– Torture, hanging Affairs on the innocent, knocking indications left?

– It was less. The new Criminal Procedure Code contains many fuses from bad behavior, torture and the like. For example, to detain a person, you need the sanction of the investigating judge. Also, there is a norm of getting free legal aid to those who can not afford a lawyer.

If the victims of violence were about a million in the police in 2011, the year before – 409 million. The number of those who have experienced torture, reduced from 113 thousand to 62 thousand. But it’s still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– Applications become greater. Because the added complaints related to the military conflict in Donbas. For example, former prisoners of war and civilians complain of unlawful deprivation of liberty, torture. Only our organization in the past year, has written more than 200 such applications. More than 300 – colleagues from the Ukrainian Helsinki Union.

Many cases involve loss of property as a result of hostilities. This is an obvious violation of property rights. The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. People can not get a refund from him, turning to the European Court. You can file lawsuits against Russia as an aggressor against Ukraine – for inaction. When there is evidence that it is your property, an application to the European Court prospectively. Some applicants were denied because they only sent photos of destroyed houses. And the documents that would confirm the right of ownership, could not provide because they have destroyed, along with housing.

Sourse, 14/05/2017

On the situation with human rights in Ukraine in 2016

March 8, 2017

Board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group Evgeniy Zaharov believes that the situation with human rights in Ukraine has not improved in 2016.

This he said in an interview Gazeta.ua .

– Last year, the country was undergoing improvements, – says human rights activist. – the beginning of macroeconomic stabilization, increased currency reserves, rising social standards. That is, there are signs of an improving economy. But no progress on improving the human rights situation, I do not see. For example, police reform stalled. And with good reason. Just last year, in October raised the salaries of investigators, detectives, district inspectors. And before they received significantly less than patrol. And this situation was abnormal. Because motivation is gone to work. Shortage in branches reached 30 percent. There was no one to work.

– What is the first thing to do?

– Who have the opportunity to continue the necessary changes. First of all, in the criminal section. After all, the reform of the Criminal Investigation and the investigation to date is the most necessary. Last year in this sense has been lost – due to lack of funds. Because starting any changes when there is insufficient funding law enforcement, against the loss of motivation of employees, is futile.

– What are the effects of human rights guard the most?

– Everything goes from inefficient style of governance. Offer to introduce the patrols, which will check whether all the work in the state. The urge to check the place of residence of immigrants, or to find out who receives a pension in Ukraine and ORDLO. This attitude of the state to the people wrong.

Recently I spoke to the chief doctor of a mental hospital in Kharkov. He said that the budget mentally ill on the day of release at 7 hryvnia food, medical treatment – 6 hryvnia. Therefore, the necessary funds are no drugs. As he comes out of the situation? Privileged categories, for example, consumptive or war veterans, 56 hryvnia relies on food. He divides all the advantages and all. In addition, it leads all money for food from paid services provided by the institution for citizens. Has established strict control over the catering department. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

It is clear that we have a war going on, it takes more resources. But you can not treat people like this. I think the main problem of human rights in Ukraine, the lack of humanity and compassion on the part of the state to its citizens.

– whether the police are changing, prosecutors, other law enforcement agencies?

– To say that they really do not do anything, you can not. But they perform their functions effectively, taking into account the realities. Prosecutors now want to get a big salary. They complain that the police are getting more than they do. But the re-certification of police virtually failed. Because it was carried out on the basis of a legal act that is poorly prepared. As a result, anyone who did not pass re-certification could appeal against his dismissal in court. Thus almost all the security officers returned to their posts. It is simply a profanation, not reform. Re-certification does not become a means of purification of the police.

– That is, such things as torture, hanging Affairs on innocent knock readings were?

– It was less. In particular, because the new Code of Criminal Procedure contains a lot of fuses with respect to mistreatment, torture, and the like. For example, to detain a person, authorized by a judge need an investigator. In addition, there is a norm of getting free legal aid those who can not afford to hire a lawyer. It is also a preventive tool. Finally, the court will not accept evidence obtained during the investigation. If it was about a million, then in 2015 in 2011 the victims of violence by the police – 409 thousand. Number of victims of torture has decreased from 113 000 to 62. But this is still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– statement was more because added complaints related to the military conflict in Donbas. It is, for example, prisoners of war – both military and civilian. They complain about the unlawful imprisonment, detention, torture, and the like. Only our organization in the past year, has written more than 200 such applications. More 300 – from our colleagues from the Ukrainian Helsinki Union. In addition, many of the rights violations associated with the loss of property as a result of hostilities. This is an obvious violation of property rights. Because people can not obtain compensation from the state, then turn to the European Court. The practice of national courts in this contradictory. Some courts satisfy the claim, when shelling destroyed houses and other refuse. When there is evidence that it is your property, the application to the European Court prospectively.

The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. You can file claims against the Russian, as it is the aggressor and against Ukraine – for inaction.

The Court considered the first such case. Some applicants were denied because they did not provide evidence that the property belongs to them. Sent photos of destroyed houses and the thought that this is enough. A document failed to provide, as they destroyed along with houses.

– What are the consequences of the application of the law Savchenko?

– I do not think that the worsening crime situation is directly related to him. This is confirmed by criminological research.

Sourse, 7/05/2017

Information about the doctrine of Petra Poroshenko

February 28, 2017

Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union (UHHRU), director of the Kharkiv Human Rights Group, said the anti-democratic decision of the Decree of the President of Ukraine Petro Poroshenko, regulatory monitoring of the media and the public resources of the Internet to identify information that is banned in Ukraine.

This was a human rights activist told the Ukrainian News agency.

“It is anti-democratic decision. I have over 20 years of struggle with such tendencies and still I managed such a thing to stop. Now it will be very difficult, because behind this, in my opinion, totally mistaken idea that it is necessary to fight the enemy. For fight the enemy must be quite different, “- he said.

Such a decision will only search for the enemy within the country and fight against it.

According to him, media monitoring and public Internet resources affect the freedom of the media.

“Will, of course, in a different way does not happen It (impact) will be expanded.” – he said.

Zakharov added that such a practice exists in Russia, China, Belarus, and not in the free countries.

“It’s just nonsense,” – he added.

The human rights activist believes that such an order is a mistake of Poroshenko and those who support it, because they do not understand the nature of information relations.

Recall President Petro Poroshenko instructed the Ministry of information policy to seek information in the media prohibited.

Earlier Poroshenko instructed the Cabinet to develop a bill that will be possible to lock the sites by the court .

Sourse, 27/02/2017

In February it will be known the new head of the Ukrainian National Police

December 26, 2016

Ukrainian Interior Minister Arsen Avakov announced a competition for the position of head National Police that occupy Khatia Dekanoidze until November. Who joined the Board on the selection of candidates? How will decisions be made?

The competition jury composed of experts from Canada, the US, Denmark and Ukraine.

On the phone with “Gromadska radio” MVD Director of Communications Department Artyom Shevchenko and a member of the competition committee, the founder of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov .

Irina Sampan: How will the competitive commission? It will be ensured transparency of the competition?

Evgeniy Zaharov: Now the candidates submit their application – CV and motivation letter. All received materials are translated into English and simultaneously transmitted to all members of the commission – Ukrainian and foreign. We will study and prepare materials for the meetings – the first will be held on January 18.

the primary analysis will be carried out, whether to send the summary of the qualifications for the post head Natspolitsii contained in the law – a full law degree, not less than 7 years of experience in the legal field and 5 years of managerial experience.

Prior to the first meeting of all candidates pass the test on the General Skills (general skills – Ed.) – the ability to think logically. The same test, which all police officers at recertification.

And the results of these three sources – resume, cover letter, and test – Commission will examine each candidate and ballot to decide whether he will be admitted to the interview. For each will vote personally. All this will be recorded on video, and who wants to be able to see. We just have not decided whether to make a shot in real time or recording and display afterwards.

Irina Sampan: Interviews with candidates will be carried out the commission?

Evgeniy Zaharov: Yes. All candidates will be asked the same questions, so that they are on an equal footing. It will surely be recorded on video and then you will see. After the interview, the commission will select the best three candidates and will give the Interior Ministry, whom she recommended to assign. The minister will have to choose from these three candidates.

Tatiana Troschinsky: The final word of the Minister of the Ministry of Interior ?

Evgeniy Zaharov: Yes, it is legally wrong. The minister is one candidate to the government, the government of his claims.

Irina Sampan: Can be applied to this competition a former policeman, who did not pass the re-certification?

Evgeniy Zaharov: No they do not interfere. But if they had a bad result on the test, why they do it. We introduced the test as a formal evaluation of the candidate’s ability to think. The Commission considered that it is a necessary condition. If a person can not think logically, he can not apply for this position.

Tatiana Troschinsky: In addition to these formal things that the law says that you define important? That may affect your choice to vote or not to vote for the candidate?

Evgeniy Zaharov: There are requirements to the candidate, expressed in the law – a good reputation, high moral qualities. Speaking for myself personally, their preferences – for me it will be very important if the candidate has not been seen in the human rights violations in the past. How he showed earlier in his work.

The interviews will be sufficiently deep and detailed, so that all of this will reveal. His qualities as a manager, communication with people and staff, ability to work in conditions of risk, uncertain environment with incomplete information, the propensity for innovation, creativity.

I also want to emphasize that the norm in the law of at least 7 years of work in the field of law is only at first assumed policing. And it was I who introduced the amendment to the bill that you need to expand the pool of candidates. What should be lawyers, not the police – it may be prosecutors, tax. As Artem Sitnik, who was a very decent and a good candidate for the post of head of the National Anti-Corruption Bureau. bidders circle should not be limited to the police around.

Irina Sampan: When the Commission will submit to the Minister Interior Ministry candidates recommended for the post of Natspolitsii?

Evgeniy Zaharov: The timing is now difficult to say, because it is not clear how many will be applications. If, for example, 200, the operation may take a week. Everyone needs to read, to think, to study, you have to vote for each candidate. Maybe I’m wrong, is a bit of candidates, and we are the first three days have time to do all this. But I think that it is doubtful, and we move on to the next week (after the first meeting on 18 January – Ed.).

Irina Sampan: How many applications have been filed?

Evgeniy Zaharov: Five days ago there were six. This is the ones translated into English and sent to all candidates. It’s Christmas, the intensity of a halt. I think that most of the applications will be after the New Year.

Sourse, 25/12/2016

Why was considered normal “squeeze” the property from the separatist?

November 29, 2016

Fighting in eastern Ukraine led to a significant deterioration of the situation with human rights, including, new extraordinary precedent that did not previously exist in Ukraine. This was stated by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union and the head of Evgeniy Zaharov the Kharkiv Human Rights Group, in an interview , “Gromadska” .

Zakharov said that the first cases of human rights violations related to the situation in the Donbas is to start from the militants, who were persecuted, detained, tortured and killed patriotic citizens. Subsequently, this led to the fact that the Ukrainian military began to use similar methods.

“In response to some of our volunteer teams to see this attitude, we began to operate symmetrically. Torture of prisoners took place, and some were tortured to death. Also killed prisoners. It came into use words such as “pressing”. Why was considered normal “squeeze” the property from separatist, if the separatists. Car, home pick up. This is not a crime if it is an enemy, “- said Zakharov.

The human rights activist noted that a significant part of society “meaningful or not it supports violence against the separatists.”

In addition to Ukrainian volunteer battalions, disturbances in the form of torture is also used employees of the Security Service, as evidenced by the reports Ukrainian Commissioner for Human Rights and the report of the Human Rights Defenders Amnesty international and Human rights watch.

According to Zakharov said that the Ombudsman’s report says that the greatest number of complaints (39%) related to the use of torture was applied in respect of the SBU.

“The Security Service torture detainees, it is not known where they are kept. In fact, according to the law of the SBU, and in the law on pre-trial detention was not a word about the fact that SBU can have investigative detention centers. If they are, then they are illegal, “- he stressed.

Zakharov also mentioned that persons detained in connection with allegations of investigative jurisdiction of the SBU, is charged with terrorism, separatism gosizmenui.

Sourse, 28/11/2016

The biggest violation of human rights among law enforcement agencies come from the SBU

July 21, 2016

What reforms have taken place in the judicial system of Ukraine during the reign of the new government and President Poroshenko and what prospects are opening up in the power department in the near future in an exclusive interview to the online edition of the Ukrainian News – From-UA has told the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, Director of the Kharkiv Human Rights group Evgeniy Zaharov.

Ukraine News – From-UA: Eugene E., good afternoon! What changes do you see in the law enforcement system since the arrival of the new government? The police, the prison service, the prosecutor’s office, the courts, the Ukrainian Security Service?

Evgeniy Zaharov: You see, in fact, comprehensive reform of the entire system of criminal justice, unfortunately, is not happening.

There are some changes in the police, which no longer exists, since the 7 th November 2015 it was replaced by the police.

A new patrol police in the 35 cities of Ukraine, except in rural areas set up, tested, tested and is now being implemented – a new model of public order, based on the rapid response groups. It was first in Sambor, then another nine district department, and then the model has been implemented in three areas since February 2016 years: in Kyiv, Kharkiv and Lviv, most recently in the Khmelnytsky and is now preparing to Volyn. That is, there is reform.

Nevertheless, we must clearly understand that this is only part of the police, which deals with the protection of public order and that has not affected the criminal unit, departmental system of medicine and education. And still a lot to do in order to continue to pursue this reform sequentially.

A major obstacle to this – is a lack of funding. The budget of the police and the Interior Ministry as a whole is very much curtailed, and a situation where a young patrol, who studied for three months, six months or a year of work, and get a much higher salary than the investigators or investigators with experience of 10-15 years – it’s not normal, so do not be must. But the funds to fix it, to raise the salary of those who have passed the certification, simply do not have today. And this is one of the main obstacles of the reform.

If we compare the way that we run the 100m, the 15 meters we already ran. But we need to run further and do not stop, because any stop will be fraught with the fact that all these improvements will be leveled. And the existing police system, which, alas, yet will not go away (because in many ways it continues to persist and everything appeared new can adapt to fit your habits and rules), will remain the same. This danger is, and it must be clearly understood. Because it can not police with a salary of 3-4 thousand hryvnia per month, especially in the big cities, to feed his family, and this will inevitably push him to some other acts of unlawful ways of earning.

If we talk about the prosecutor’s office, the courts, the prison system, the SBU, in my opinion, were only trying to initiate reforms in these bodies, but they failed. More specifically, I am referring to the prosecutor’s office and the courts, because what was done was done poorly. But it has its own reasons, and they can be viewed separately.

Beginning of the reform of the penitentiary system changes the structure of the State Penal Service and not for the actual penal institutions. That is life in the colonies so far has not changed the fact that these reforms have begun. And in fact, here you need to change a lot in practice and in law. But these changes are very difficult, they are harder to do than the police or the prosecutor’s office.

The order, which was formed there, break is not so easy, and if it is broken, then the situation in the colonies will be even worse, because they are financed disgusting. For them, the budget recorded two times less than you need, and they eventually receive half of that half. And actually financed at 25%, only to escape the fact that in each colony are looking for some way to make extra money. And where the administration of the colony successful, there is a better, where unsuccessful – there is worse.

A lot depends on whether the colony is “on the ground”, for example, as it can grow their own fruit and vegetables, in addition to budgetary allocations. And if they still grow and sell, so it’s even better.

And if it’s industrial zone, and there is something made, as is known, such a forced labor – not very productive, and businesses which employ convicted, it is difficult to compete. There’s basically an old worn-out equipment, old dirty technology … But this is a business that is closed from public scrutiny, and there occurs a serious enrichment of those who supervise them, despite the fact that the prisoners themselves receive a penny. And cut this Gordian knot is not possible, because simply these colonies is nothing to exist, even though a significant portion of the money takes the administration of enterprises, which are created when the colonies. Still, at least something, but remains a prisoner. If it will not, the situation will worsen significantly in the colonies. So just this problem can not be solved,

As for the prosecutor’s office – as long as I do not see major changes. It only point changes on staffing levels, or in some individual cases. But they are after the new Attorney-General, and should welcome the fact that he was engaged in such things – the most severe human rights violations in an attempt to eradicate them. Such as, for example, long-term maintenance portion accused detained in prison without penalty. You can also welcome his desire to make personnel changes. But in fact this is just all half-measures, and serious reform of the prosecutor’s office has, in fact, did not start. There is a problem with the presence of the frame, as is the case with the police and the prison system.

Ukraine News – From-UA: Over the past few years, we have changed three times Attorneys General. What is the reason, in your opinion?

Evgeniy Zaharov: This is due to the fact that they could not cope with the tasks that they are being given society and what is waiting for them. They have not been able, nor Oleh Makhnitskyi nor Yarema nor Shokin, to investigate crimes on the Maidan in full. And indeed they were unable to carry out any reform or change the entire system of prosecutors.

One of the reasons lies in the fact that all prosecutors are accountable to the President, and they worked in manual mode. I do not know if it’s true, but argue that the Attorney General Shokin literally daily reports to the President about the work that he did. That is, he received direct orders, what to do in any given situation, and be accountable for it.

It is this dependence Attorney General from the main official in the state – it’s completely normal. This is our problem: our political forces want to control the courts, prosecutors, law enforcement agencies and use them as an instrument for solving their political problems. It should not be. And it was when all power, a greater or lesser extent, and now it continues. And in this conflict and tied inside the prosecutor’s office, for example, Deputy Attorney General Kasko, Sakvarelidze and with so many such things.

That will be obtained from Lutsenko how he will behave in this situation, it is difficult to predict. But it is also clear that there have been delivered as a person close to the president, the former head of PPO fractions, and again you can expect from it will require certain actions in certain cases.

In general, public prosecutors should be independent, as well as the judges. And if that were the case, and they are not crushed, it would be much better. But prosecutors, like judges, there is a danger canned in its own system without any control and it was not changed, and their acceptance of the illegal and unjust decisions on someone’s orders then it will be difficult to correct. And there, and there is very difficult to pass between these two extremes.

Yuri V. started with some positive steps, private, essential, but how much he will be able to reform the system as a whole, we’ll see.

Everywhere very big problem with the staff. But by the way, if we talk about the staff, the best thing to do with this situation in the judicial system. There’s a lot more experienced and trained judges than the illiterate. But the trouble is that from the undue pressure that they get bored, they massively retire. And in a lot of police, who left because they did not want to undergo the procedure, which they were offered.

Although there is another point of view, they are weak people, once they had done so, and God is with them – and I fully understand it. Because it is a strong point of view: put on the form – to serve and to carry out all that is needed. And this is in fact the action of the Bible principle: “Do what you must, come what may.” And if you ran away, then you are a coward – that masculine approach. But such strong people very little, and those who is such, they are very uncomfortable, because they always do what they think is right, and not as orders superiors, and therefore always be under attack.

Ukraine News – From-UA: In one of the political talk show Verkhovna Rada Chairman Andrew Paruby called judicial reform – a major “victory” of the season in the parliament. Do you agree with this?

Evgeniy Zaharov: Unfortunately, he is mistaken. I appreciate the personal qualities of courage, integrity and honesty Parubiya, but I fear that he did not really understand the judicial system. And to say that judicial reform – a major victory in parliament, it is a mistake, in my opinion. Because in fact what happens is that the judicial system is now collapsing under the influence of such reforms.

Here is a very difficult task. On the one hand, the need to ensure the independence of the court, since it will not be open-minded and objective without it. If he is dependent, then it will be easy to pressure. But unfortunately, in this regard the so-called reform is quite Direction: they put the judges even more dependent than before. This is motivated by the fact that the judicial system – corruption, inadequate, does not meet the requirements of the time, and judges are flying all the accusations.

But I think that the judicial system is not more corrupt than any other in our country, and the fact that so judges are generally wrong. After all, judges are different: there is corruption, but there are those who will never take bribes, they just do not allow such cases, where they were waiting for the “right” decision.

So, unfortunately, judicial reform hinders the desire to take executive control of the judges. And whoever is in power, is manifested. With all the presidents since it was, and continues under President Poroshenko same. This is a big mistake, because it is impossible to treat with the judges, requiring them to take the “right” decision. This applies, above all, capital ships, the higher courts. The rest of the ships the same thing happens at the local level. And it turns out that judges are dependent, they are not free in their decisions. What judicial reform can be with such a situation? Yes, no, quite simply.

And then there was noticeably worsened access to justice by banning conventional lawyers, not lawyers, to take part in civil and administrative cases!

Ukraine News – From-UA: Yevgeny Yefimovich, what reforms are experiencing today, the Security Service of Ukraine?

Evgeniy Zaharov: With regard to the Security Service of Ukraine, the situation there is very bad, she did not reform. And today I can say that the greatest violations of human rights among law enforcement agencies come from the Security Service, which is very violates the right to liberty and security of person, the right to protection from torture and so many other rights. The balance between human rights and national security protection solutions quite clearly in favor of national security. And there are so many criminal enterprises, opened the SBU, which, to put it mildly, questionable.

What is happening there is, unfortunately, very often the real outrage. What could make more than once, considering the specific case of criminal prosecutions in the National Security Service. I do believe that this centaur – both intelligence and law enforcement authority – an anachronism, it is not normal, and this is not in any civilized country of the world.

We do not compare ourselves with Russia, we are talking about European countries. Intelligence agency must deal only with data extraction for senior government officials, her job – intelligence and counterintelligence. But the investigation of crimes – this is not her business. And if these functions have dramatically SBU take, it may be, would be transformed into a normal special service.

And today it’s just a body, which is taking advantage of its unique position, that is the main body for the protection of national security, which protects us against terrorism, which actually runs the ATO (and that’s how it is served) is really a body, for which there are very serious tyranny and human rights violations. security service need to take place to put it, and not the one that she now occupies.

Ukraine News – From-UA: What are the prospects in the law enforcement system you see in the near future?

Evgeniy Zaharov: I believe that the reforms could be done, it is a very real thing. But this requires a number of conditions.

The first – the mandatory funding. Here’s what the police reform can be done without additional funding, almost everything has already been done. But in order to move forward, we need the money, which is not. It is necessary to firmly grasp the rule: reforms cost money, and if you do not give money, the reforms will not. And those systems that need to be reformed, without the money will remain in its old state, and then rot.

And the second – political will is needed to implement these reforms. You need to have people who have a clear understanding and have a clear vision of what and how they want to do. To these were new teams that would have sufficient authority and political will to transform the system.

Police experience shows that this is possible in principle. But on the way people who do such things, a lot of difficulties, obstacles, problems. And of course, the reform of the law enforcement system of Ukraine – it is cleaning the Augean stables. And, nevertheless, the reforms could be done despite the fact that it was supported by the state and society, despite the fact that there is sufficient funding – it would all really.

But the obstacles are many: and the wrong political guidance on many issues, and the lack of funds, and perhaps most importantly – the lack of personnel.

Interviewed by Julia Protsyshena

Sourse, 20/07/2016

Instead, the right of profit operates in Ukraine

April 29, 2016

Rights principle does not work in Ukraine. State directs political benefit. A force opponents pressed.

This was stated by Evgeniy Zaharov, member of the Board of the Ukrainian Helsinki Human Rights Union, at a press conference the initiative group of “breast-Perche”.

“One of the main problems in the state and society – it is demagoguery and populism confidence that complex problems can be solved by simple methods In particular, the use of force Many individuals in their actions are guided solely by motives of political expediency and a desire to press their opponents tire out….. . them as far as possible they are not guided by the principles of law I want to emphasize that it is impossible to do so This is the road to a dead end is the way to defeat, “-… Zakharov said.

Recall, the participants of the initiative group “of breast-Perche” unveiled appeal “keep the state from self-destruction”, which called on the Ukrainian people to unite in the struggle for the state and the country’s leadership – to develop a new political system.

Sourse, 28.04.2016

The confrontation of political forces is a serious threat to human rights in Ukraine

January 5, 2016

2016, as the previous two years, will determine the continuing conflict in the east of Ukraine.This was reported by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, the situation with the provision of socio-economic rights of Ukrainians certainly improve if there will be positive developments in the economic sphere.

“A serious threat to Ukraine for Human Rights is a confrontation between the political forces, which leads to a loss of cohesion and possible political crises, worsening the situation as a whole. Unity us today is necessary, and I hope that the public will be able to overcome the calls for radical action, which we constantly hear today, “- said the expert.

As for the reform of the judicial system and law enforcement bodies, the human rights activist does not express much optimism: “There is, unfortunately, not been necessary conditions for this.”

At the same time, Evgeniy Zaharov expressed “very cautious optimism” about the fight against corruption in Ukraine.

“Those institutions that have started to work, in particular, the National Anti-Corruption Bureau and the Anti-Corruption Prosecutor’s Office, no longer able together to investigate corruption crimes. I hope that they will be successful in these matters, and it will not interfere with the obstacles generated by the unification of government and business. If these things can be diluted, then change for the better is possible, “- adds a human rights activist.

In general, according to Evgeniya Zaharova, 2016, as well as 2014-2015., Will determine the continuing conflict in the east of Ukraine.

“In those or other he will continue, God forbid, that these forms were more or less peaceful. From this it follows that Ukraine will be forced to live in such conditions, “- said the expert.

Evgeniy Zaharov also does not exclude the fact that “Naftogaz Ukraine” in 2016 received the first profit.

“We can expect that public procurement following the entry into force of the law, will not be as corrupt as before. And we can expect that will go on police reform, which in 2015 developed well and has the potential to become more successful “, – predicts a human rights activist.

Thus, it said Zakharov, if Ukraine will be able to avoid a large-scale military conflict, those areas in which the foundation was laid for the development, will be able to show positive results.

“I hope that the scale of the conflict will not be that he will be in the same form as now. Although this is, unfortunately, unlikely to save us from new victims “, – he summed up the expert.

Sourse, 04/01/2016

Sentsov and Kol’chenko may return to Ukraine

August 26, 2015

Sentenced to long terms of Ukrainian filmmaker Oleg Sentsov and activist Alexander Kol’chenko could theoretically be exchanged for captured officers of the Russian GRU. This was reported by a member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, lawyers and Sentsova Kol’chenko can seek the transfer of convicts to serve life in Ukraine.

“There is the Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of 22 January 1993. It provides for the transfer of prisoners to serve their sentences in the country of which they are. This good will of the two countries and this could be done on the basis of existing international treaties. But I have serious doubts that this is what happens. Because the Russian leadership this goodwill is simply no “, – Zakharov said.

The expert does not consider Sentsova and Kol’chenko first political prisoners of Ukrainian citizens on the territory of the Russian Federation. According to him, this is not the first case of conviction of political prisoners in Russia, because the country are persecuted and convicted a number of Russian activists and ordinary citizens of Ukraine, who were persecuted for their political beliefs and statements.

Processes themselves human rights activist believes that it is political.

“The process Sentsov-Kol’chenko, as well as in respect of Hope Savchenko, Russia wants to demonstrate that it is, as before, does not consider Ukraine’s independence, has no respect for its sovereignty and believes that it can bring them to trial Ukrainian citizens on trumped-up charges and accuse them in such crimes. This is all in line with the policy that recently the Kremlin is on Ukraine “, – Evgeniy Zaharov believes.

According to human rights activist Oleg Sentsov Alexander Kol’chenko Nadezhda Savchenko and may be released only in the event of a change of political regime in Russia, when they reviewed the criminal cases pending against them. At the same time, he did not rule out the possibility of a prisoner exchange.

“Between Russia and Ukraine, there may be political agreement on the exchange of prisoners, similar to how the Soviet Union exchanged spies in the Soviet political prisoners. Thus, in particular, have been released and went to the West , Vladimir Bukovsky , Mykola Rudenko and other dissidents and human rights activists.

“It’s hard to say, to whom can exchange convicted Sentsova Kol’chenko and, as a matter of trading. The fact that the process of international exchange of prisoners and the people completely secretive and the public does not take part in it. In Ukraine, it is engaged in the Security Service, or rather it is more of a performer, and the main issues are addressed at the highest level of political leadership. But such exchanges happen all the time. Theoretically, Sentsova, Kol’chenko or Hope Savchenko can exchange for the detainees in the ATO zone GRU officers of the Russian Federation. However, I’m not sure this is 100%, “- concluded Evgeniy Zaharov.

Recall, August 25, the North Caucasus District Military Court in Rostov-on-Don convicted in relation to Ukrainian director Oleg Sentsova on charges of planning terrorist attacks in the Crimea. The second defendant – activist Alexander Kol’chenko – found guilty of involvement in the terrorist community, complicity in a terrorist act.

The Ukrainian Foreign Ministry has called illegal and inhumane sentence Russian court in the case of citizens of Ukraine Oleg Sentsova Kol’chenko and Alexander, who were sentenced to 20 and 10 years imprisonment respectively.

Sourse, 25/08/2015

Результаты поиска:

Mixed hatchet and a scalpel

May 23, 2017

So in a nutshell, nA my opinion, can be characterized by a decree of President of Ukraine “On the decision of the National Security and Defense Council of Ukraine of 28 April 2017” On the application of personal special economic and other restrictive measures (sanctions), “which introduced a one-year (or three years, five years, indefinitely -. to each his own), various restrictions on the 468 legal entities and 1228 individuals About this in his blog on the NRwrote the well-known human rights activist, member of the Board of the Ukrainian Helsinki human Rights Union, the head of Kharkiv Human Rights Group Evgeniy Zaharov.

The following is the opinion of human rights activist:

Let’s try to argue from a position of affirmation and protection of human rights, which, according to Article 3 of the Constitution of Ukraine, is … the primary responsibility of our state.

According to the second part of Article 22 of the Constitution: “With the adoption of new laws or amending existing laws are not allowed narrowing of the content and scope of existing rights and freedoms.” At the same time it is obvious that imposed by the Decree (ie, the act is not even legislative and executive authorities) sanctions restrict the key rights and freedoms guaranteed by the Constitution: the right of ownership (Article 41) and / or freedom of information (Article 34) and / or creative freedom (article 54), and in respect only of individuals – even and / or the right to respect for private and family life (article 32) and / or freedom of movement (article 33).

In order to determine whether the restriction on the right (freedom) justified and valid, it is necessary to turn to his assessment on the basis of principles of the European Convention on Human Rights in 1950 Namely, the restriction of rights must be based on law, pursue a clearly defined goal of Limitations of fundamental law of Ukraine a list of objectives and be proportionate (adequate) in relation to the alleged threat was detected.

In any case, the effects of restrictions on rights and freedoms must bring less damage to society and the individual than the full implementation of the subjective right in its former, that is full. In our case, as far as can be judged, run by a presidential decree limiting the rights and freedoms formally based on the Law of Ukraine “On sanctions” on August 14, 2014, are intended to protect national security (or other objectives listed in Article 1 of the Law “On sanctions” ).

As for the answer to the question whether the rights and freedoms within an acceptable scale violated, the answer can only distance a thorough analysis of the proportionality introduced restrictions stated objectives. Such an analysis, which is very important, must be carried out with respect to each of the listed individuals and entities. In this case, a number of rights may be restricted only after a court decision to impose such restrictions. In any case, the principle of the rule of law requires the State and its agents provide a convincing argument in favor of the need to limit the rights.

Strictly speaking, to restrict the constitutional rights can only be in that case, if no such restriction is really impossible to do. Such a requirement is contained in the well-known presumption: based on the law and the court sanctioned restriction of the right should be recognized as “necessary in a democratic society”.

Whether in this case complied with the required procedure? I suppose not, but was glad to be wrong.

List of individuals to sanctions, including not only the citizens of Russia, but also in other foreign countries. It also got some Ukrainian citizens. We are talking about people living in the occupied territories as the Crimea, Donetsk and Lugansk regions and the territories controlled by the Ukrainian government. And I do not understand how in regard to the latter can act without prior court decision is most often found in the list of restriction of their property rights.

We are talking about blocking assets as a temporary restriction of a person the right to use and dispose of property belonging to him. Such a restriction may be regarded as an infringement of the fundamental right to private property is permissible only in the case of introduction of a state of emergency.

For example, a citizen Zagnibeda KG (№210 in the list), registered and residing in Slavyansk, should, it seems, for a year to get away from his home? And where? The all-knowing Google said that Mr. Zagnibeda born in 1963 – is an entrepreneur, the owner of the LLC “ZAGNIBEDA LTD” with the main activity:. “The production of plates, sheets, tubes and profiles made of plastics.”

In 2015, he ran for city council Slavic, being number 12 in the list of “Ukrainian parties honor the fight against corruption and organized crime.” More than anything substantive, I have not found, so to see at least a hint of why in this case to impose sanctions, failed. It is clear only that, apparently, during the occupation, Mr. Slavyansk Zagnibeda aggressor is not promoted, otherwise would have been prosecuted.

The list of legal entities – offshore companies, banks, airlines, industry, particularly engineering, enterprise, television and radio, social networking, and other services (cloud storage, navigation, music, etc.), software developers (hereinafter – Software) … Many of them have Ukrainian registration, they are in Ukraine and employ ordinary citizens of Ukraine.

Puzzling hit by sanctions of the Russian company “1C” and its Ukrainian representative office of LLC “1C Multimedia Ukraine”. Accounting computer system 1C uses 80% of Ukrainian enterprises of small and medium-sized businesses, the majority of public organizations.

It appears that in this case it is necessary to have very good reasons for decisions on sanctions, the data base must be sure to explain to the population. In general, a review of Ukrainian software development companies have come under the sanctions shows that they all have one similar trait – are subsidiaries or representative of the Russian companies. Is this the only and therefore sufficient from the point of view of the authorities, the legal basis?

Let’s consider the well-known company OOO “Parus-Ukraine”, working on the Ukrainian market since Soviet times. Referring to its website: parus.ua. The main activity of the group of companies “Sail” – the development, promotion and implementation of software for enterprise management. Today, the company – one of the largest software companies in Ukraine, developing business management. In addition to the development of the Center, for the period of its operation, the central office has developed a strong regional network of over 28 regional offices (see. №№ 443-468 in the legal list. Of persons) and more than two dozen dealers. The number of employees is more than 550 professionals, of which more than 250 are working in Kiev.

“Sail” Number of product installations exceeds 200,000, the software operates in more than 20,000 organizations. Users of software products “Sail” is the enterprise telecommunications, large industrial companies, oil and gas companies and thermal power complex, trading companies, insurance, credit and financial companies, design and construction organizations, enterprises transport and logistics, printing companies, publishing and media, restaurant complexes, cafes, bars, pubs, pizzerias, hotels, boarding houses, recreation, night sports and fitness clubs, entertainment centers, water parks, sire structure governmental administration, ministries, departments, committees, universities, medical and health institutions.

At the same site, “Sail” claims that his clients include 80% of the main managers of budgetary funds, including, in particular, the Ministry of Defense, Ministry of Internal Affairs, State Border Service, the regional management of the State Migration Service and emergency services, “Ukrtelecom” “Ukrnafta” SDO “Yuzhnoye”, National school of judges, and many other government agencies.

So it does not surprise me an urgent message on the official website, which appeared May 16 immediately after the release of the Decree, which reads as follows: “Sail” – a group of Ukrainian companies! Information about this can be found on the website under parus.ua “Copyright and Permissions”. Hit in the sanctions list in respect of the group of companies “Sail” is not valid, we will be challenged and is perceived by us as pressure.

And I was not surprised by the appearance of proposals to use all soon any new software products of Ukrainian origin, instead of products 1C, “Sail” and other subsidiaries of Russian software developers. I would like to still hear the explanation why many software developers to apply such a truly draconian restrictive measures.

But imposing sanctions on companies such as “Doctor Web”, “Kaspersky Lab” and their Ukrainian representative offices as no surprise. I had a lot to hear from system administrators familiar that these anti-virus programs as mail.ru complex can not be used, because they are engaged in espionage, embedded in the operating system of aggressive, damage the installation browser, install bugs and illegally collect information without permission and warn users.

In particular, personal information, financial records, data on the location, movement, and the like. The illegal collection of personal data and use them to the detriment of Ukraine also blame social networks “in contact” (VC) and “Classmates” (OK). In particular, the military claimed that the publication of photos of its soldiers in social networks sometimes leads to their death.

If the appeal to the social networks of people involved in the public sector, has brought serious harm to the national security and other public interests listed in Article 1 of the Law “On sanctions”, the restriction of access of civil servants and all other people working in state institutions, seem justified. But whether the state can restrict access to social networks of millions of people, to do with the public institutions do not have? I think it is – a massive violation of the right to privacy and freedom of expression.

The impression is that the imposition of sanctions is motivated primarily by some purely private, commercial and economic interests, and seeks to harm the financial interests of specific companies. In this vein, the sanctions would contribute to both the development of Ukrainian business. For example, as you know, “Yandex” and other Russian companies have brought down Ukrainian advertising market on the Internet and drove with him Ukrainian competitors. Sanctions will remove from the market “Yandex” and others. But it does benefit from that Ukrainian consumers? All this looks very doubtful and uncertain …

And I was wondering if anyone thought about the people who use “Yandex-purse”? For example, they can take in case of need their money? Or initial calculation was that the ban on access to web resources and easy to get around because all who need to quickly learn how to do it? This is indicated by many defenders of Presidential Decree – he, they say, is not directed against users, but against the companies, and that in our democratic state, no one will interfere with the VC and UC fans enjoy this personification of “Russian world”.

But older people remember well how quickly passed us by “enemies uneshnih” to “enemies unutrennim”. Here and now there are voices, including some active deputies, that you need to watch out for those who violate the decree and to hold them accountable. Our state has long dreamed of control over the internet, there have been several attempts to establish it. As long as they did not work. But to deal with the introduction of Internet control under the pretext of protecting information security during the war with the Russian aggressor will be more difficult. In any case, I really do not want to Ukraine in the national security services is easily confused with a rusty ax a surgical scalpel.

Sourse, 22/05/2017

Why “Savchenko law” did not need

May 22, 2017

“Savchenko Law” in Ukraine was canceled because it was no longer necessary. Prisoners who could list the period they were released or left to sit much less.

This edition Gazeta.ua said May 21 Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group.

“Law Savchenko” long wanted to cancel. And it happened. He played a role. It was difficult to differentiate for whom he acted. Therefore, it is easier to cancel than to change it for something. Everyone who could be counted period, then they have listed. Someone ended term of imprisonment or decreased significantly. For its abolition outweighed the negative attitude in the society to the fact that the release of prisoners, and the appearance of rejection Hope Savchenko. “

The law does not provide clear guidance on how to act with people who put life:.. “Do not take into account only the situation with the prisoners, which condemned the life one listed, while others refused because they thought that they are the law does not apply was discussion on about it. In the framework of “law Savchenko” would replace a life sentence for a specific sentence. But with the abolition of the law of the matter was dropped. “

In general, “the law Savchenko” had more positive than negative: “The law reduces the time of those who were in remand prisons with appalling conditions also for those who are convicted of the Code, which was in force until November 2012. Then it was possible to send the case to the.. . for further investigation and the suspect remained in jail for 7-10 years in pretrial detention were men 3-4 times more than the intended place of some forced to sleep in the same bed or in turn, poorly fed These conditions -.. Therefore, for the torture. “Savchenko law” be considered the year in Jail in prison was just over 2 years.

Now there are prisoners who have been tried under the old Code, the nearly empty prison. The conditions in the prison became a little better, though, if only because there is no overcrowding. The new code can be kept in the remand prison of the people can be punished at least 5 years imprisonment.

Negativity of the law there were some prisoners who were sitting at a fairly violent crimes and came much earlier on will than need. Some of them commit crimes again, but it’s not the fault of the law. “

Recall May 18 the Verkhovna Rada has supported the abolition of the so-called “Savchenko law.” He acted with the December 24, 2015. Terrible condition of detention centers and the conditions in which people with respect to which there is a consequence and court, have become the main motive for the adoption of this law. During the operation of the law 10.2 thousand. Inmates released early. Of these, 1.5 thousand. Went back under arrest and trial. We predicted that under this law, to freedom had to get another 34 thousand. Prisoners.

Sourse, 21/05/2017

I do not see any improvement in the human rights situation in Ukraine

May 15, 2017

– Last year in Ukraine, there were signs of improvement in the economy. Increased currency reserves, improve social standards. But I do not see any improvement in the human rights situation, – said the head of the Kharkiv Human Rights Group, a board member of the Ukrainian Helsinki Human Rights Union Evgeniy Zaharov .

– For example, police reform stalled. And for good reason. Only in October last year raised the salaries bulk of police – investigators, operatives, the local inspector. And before they received much less patrol. Disappeared motivation to work. Shortage in the areas reached 30 percent. It does not have someone to work with.

– What should I do first?

– Who have the opportunity to continue to change. First of all, in the criminal section. Most necessary for today – the reform of the Criminal Investigation and the investigation.

– What are the effects of human rights guard the most?

– The lack of mercy on the part of the state to its citizens. Everything comes from poor governance.

Recently I spoke to the chief doctor of the psychiatric hospital of Kharkiv. He said that from the budget to the patient per day on food are seven hryvnia for treatment – six. On drugs means no. The institution of the situation so decide. Privileged categories, war veterans or consumptive assigned 56 hryvnia powered. Their pros and divide at all. Also, spending on food by all means from the paid services that an institution provides to citizens. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

Clearly, the war takes more resources. But you can not treat people like this.

– whether the police are changing?

– It is not that they do not do anything. But they are ineffective. Prosecutors complain that police salary is more than theirs. But the re-certification of police virtually failed. Because it was carried out on the basis of ill-prepared legal act. As a result, one could appeal against the dismissal in court.

– Torture, hanging Affairs on the innocent, knocking indications left?

– It was less. The new Criminal Procedure Code contains many fuses from bad behavior, torture and the like. For example, to detain a person, you need the sanction of the investigating judge. Also, there is a norm of getting free legal aid to those who can not afford a lawyer.

If the victims of violence were about a million in the police in 2011, the year before – 409 million. The number of those who have experienced torture, reduced from 113 thousand to 62 thousand. But it’s still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– Applications become greater. Because the added complaints related to the military conflict in Donbas. For example, former prisoners of war and civilians complain of unlawful deprivation of liberty, torture. Only our organization in the past year, has written more than 200 such applications. More than 300 – colleagues from the Ukrainian Helsinki Union.

Many cases involve loss of property as a result of hostilities. This is an obvious violation of property rights. The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. People can not get a refund from him, turning to the European Court. You can file lawsuits against Russia as an aggressor against Ukraine – for inaction. When there is evidence that it is your property, an application to the European Court prospectively. Some applicants were denied because they only sent photos of destroyed houses. And the documents that would confirm the right of ownership, could not provide because they have destroyed, along with housing.

Sourse, 14/05/2017

On the situation with human rights in Ukraine in 2016

March 8, 2017

Board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group Evgeniy Zaharov believes that the situation with human rights in Ukraine has not improved in 2016.

This he said in an interview Gazeta.ua .

– Last year, the country was undergoing improvements, – says human rights activist. – the beginning of macroeconomic stabilization, increased currency reserves, rising social standards. That is, there are signs of an improving economy. But no progress on improving the human rights situation, I do not see. For example, police reform stalled. And with good reason. Just last year, in October raised the salaries of investigators, detectives, district inspectors. And before they received significantly less than patrol. And this situation was abnormal. Because motivation is gone to work. Shortage in branches reached 30 percent. There was no one to work.

– What is the first thing to do?

– Who have the opportunity to continue the necessary changes. First of all, in the criminal section. After all, the reform of the Criminal Investigation and the investigation to date is the most necessary. Last year in this sense has been lost – due to lack of funds. Because starting any changes when there is insufficient funding law enforcement, against the loss of motivation of employees, is futile.

– What are the effects of human rights guard the most?

– Everything goes from inefficient style of governance. Offer to introduce the patrols, which will check whether all the work in the state. The urge to check the place of residence of immigrants, or to find out who receives a pension in Ukraine and ORDLO. This attitude of the state to the people wrong.

Recently I spoke to the chief doctor of a mental hospital in Kharkov. He said that the budget mentally ill on the day of release at 7 hryvnia food, medical treatment – 6 hryvnia. Therefore, the necessary funds are no drugs. As he comes out of the situation? Privileged categories, for example, consumptive or war veterans, 56 hryvnia relies on food. He divides all the advantages and all. In addition, it leads all money for food from paid services provided by the institution for citizens. Has established strict control over the catering department. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

It is clear that we have a war going on, it takes more resources. But you can not treat people like this. I think the main problem of human rights in Ukraine, the lack of humanity and compassion on the part of the state to its citizens.

– whether the police are changing, prosecutors, other law enforcement agencies?

– To say that they really do not do anything, you can not. But they perform their functions effectively, taking into account the realities. Prosecutors now want to get a big salary. They complain that the police are getting more than they do. But the re-certification of police virtually failed. Because it was carried out on the basis of a legal act that is poorly prepared. As a result, anyone who did not pass re-certification could appeal against his dismissal in court. Thus almost all the security officers returned to their posts. It is simply a profanation, not reform. Re-certification does not become a means of purification of the police.

– That is, such things as torture, hanging Affairs on innocent knock readings were?

– It was less. In particular, because the new Code of Criminal Procedure contains a lot of fuses with respect to mistreatment, torture, and the like. For example, to detain a person, authorized by a judge need an investigator. In addition, there is a norm of getting free legal aid those who can not afford to hire a lawyer. It is also a preventive tool. Finally, the court will not accept evidence obtained during the investigation. If it was about a million, then in 2015 in 2011 the victims of violence by the police – 409 thousand. Number of victims of torture has decreased from 113 000 to 62. But this is still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– statement was more because added complaints related to the military conflict in Donbas. It is, for example, prisoners of war – both military and civilian. They complain about the unlawful imprisonment, detention, torture, and the like. Only our organization in the past year, has written more than 200 such applications. More 300 – from our colleagues from the Ukrainian Helsinki Union. In addition, many of the rights violations associated with the loss of property as a result of hostilities. This is an obvious violation of property rights. Because people can not obtain compensation from the state, then turn to the European Court. The practice of national courts in this contradictory. Some courts satisfy the claim, when shelling destroyed houses and other refuse. When there is evidence that it is your property, the application to the European Court prospectively.

The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. You can file claims against the Russian, as it is the aggressor and against Ukraine – for inaction.

The Court considered the first such case. Some applicants were denied because they did not provide evidence that the property belongs to them. Sent photos of destroyed houses and the thought that this is enough. A document failed to provide, as they destroyed along with houses.

– What are the consequences of the application of the law Savchenko?

– I do not think that the worsening crime situation is directly related to him. This is confirmed by criminological research.

Sourse, 7/05/2017

Information about the doctrine of Petra Poroshenko

February 28, 2017

Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union (UHHRU), director of the Kharkiv Human Rights Group, said the anti-democratic decision of the Decree of the President of Ukraine Petro Poroshenko, regulatory monitoring of the media and the public resources of the Internet to identify information that is banned in Ukraine.

This was a human rights activist told the Ukrainian News agency.

“It is anti-democratic decision. I have over 20 years of struggle with such tendencies and still I managed such a thing to stop. Now it will be very difficult, because behind this, in my opinion, totally mistaken idea that it is necessary to fight the enemy. For fight the enemy must be quite different, “- he said.

Such a decision will only search for the enemy within the country and fight against it.

According to him, media monitoring and public Internet resources affect the freedom of the media.

“Will, of course, in a different way does not happen It (impact) will be expanded.” – he said.

Zakharov added that such a practice exists in Russia, China, Belarus, and not in the free countries.

“It’s just nonsense,” – he added.

The human rights activist believes that such an order is a mistake of Poroshenko and those who support it, because they do not understand the nature of information relations.

Recall President Petro Poroshenko instructed the Ministry of information policy to seek information in the media prohibited.

Earlier Poroshenko instructed the Cabinet to develop a bill that will be possible to lock the sites by the court .

Sourse, 27/02/2017

In February it will be known the new head of the Ukrainian National Police

December 26, 2016

Ukrainian Interior Minister Arsen Avakov announced a competition for the position of head National Police that occupy Khatia Dekanoidze until November. Who joined the Board on the selection of candidates? How will decisions be made?

The competition jury composed of experts from Canada, the US, Denmark and Ukraine.

On the phone with “Gromadska radio” MVD Director of Communications Department Artyom Shevchenko and a member of the competition committee, the founder of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov .

Irina Sampan: How will the competitive commission? It will be ensured transparency of the competition?

Evgeniy Zaharov: Now the candidates submit their application – CV and motivation letter. All received materials are translated into English and simultaneously transmitted to all members of the commission – Ukrainian and foreign. We will study and prepare materials for the meetings – the first will be held on January 18.

the primary analysis will be carried out, whether to send the summary of the qualifications for the post head Natspolitsii contained in the law – a full law degree, not less than 7 years of experience in the legal field and 5 years of managerial experience.

Prior to the first meeting of all candidates pass the test on the General Skills (general skills – Ed.) – the ability to think logically. The same test, which all police officers at recertification.

And the results of these three sources – resume, cover letter, and test – Commission will examine each candidate and ballot to decide whether he will be admitted to the interview. For each will vote personally. All this will be recorded on video, and who wants to be able to see. We just have not decided whether to make a shot in real time or recording and display afterwards.

Irina Sampan: Interviews with candidates will be carried out the commission?

Evgeniy Zaharov: Yes. All candidates will be asked the same questions, so that they are on an equal footing. It will surely be recorded on video and then you will see. After the interview, the commission will select the best three candidates and will give the Interior Ministry, whom she recommended to assign. The minister will have to choose from these three candidates.

Tatiana Troschinsky: The final word of the Minister of the Ministry of Interior ?

Evgeniy Zaharov: Yes, it is legally wrong. The minister is one candidate to the government, the government of his claims.

Irina Sampan: Can be applied to this competition a former policeman, who did not pass the re-certification?

Evgeniy Zaharov: No they do not interfere. But if they had a bad result on the test, why they do it. We introduced the test as a formal evaluation of the candidate’s ability to think. The Commission considered that it is a necessary condition. If a person can not think logically, he can not apply for this position.

Tatiana Troschinsky: In addition to these formal things that the law says that you define important? That may affect your choice to vote or not to vote for the candidate?

Evgeniy Zaharov: There are requirements to the candidate, expressed in the law – a good reputation, high moral qualities. Speaking for myself personally, their preferences – for me it will be very important if the candidate has not been seen in the human rights violations in the past. How he showed earlier in his work.

The interviews will be sufficiently deep and detailed, so that all of this will reveal. His qualities as a manager, communication with people and staff, ability to work in conditions of risk, uncertain environment with incomplete information, the propensity for innovation, creativity.

I also want to emphasize that the norm in the law of at least 7 years of work in the field of law is only at first assumed policing. And it was I who introduced the amendment to the bill that you need to expand the pool of candidates. What should be lawyers, not the police – it may be prosecutors, tax. As Artem Sitnik, who was a very decent and a good candidate for the post of head of the National Anti-Corruption Bureau. bidders circle should not be limited to the police around.

Irina Sampan: When the Commission will submit to the Minister Interior Ministry candidates recommended for the post of Natspolitsii?

Evgeniy Zaharov: The timing is now difficult to say, because it is not clear how many will be applications. If, for example, 200, the operation may take a week. Everyone needs to read, to think, to study, you have to vote for each candidate. Maybe I’m wrong, is a bit of candidates, and we are the first three days have time to do all this. But I think that it is doubtful, and we move on to the next week (after the first meeting on 18 January – Ed.).

Irina Sampan: How many applications have been filed?

Evgeniy Zaharov: Five days ago there were six. This is the ones translated into English and sent to all candidates. It’s Christmas, the intensity of a halt. I think that most of the applications will be after the New Year.

Sourse, 25/12/2016

Why was considered normal “squeeze” the property from the separatist?

November 29, 2016

Fighting in eastern Ukraine led to a significant deterioration of the situation with human rights, including, new extraordinary precedent that did not previously exist in Ukraine. This was stated by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union and the head of Evgeniy Zaharov the Kharkiv Human Rights Group, in an interview , “Gromadska” .

Zakharov said that the first cases of human rights violations related to the situation in the Donbas is to start from the militants, who were persecuted, detained, tortured and killed patriotic citizens. Subsequently, this led to the fact that the Ukrainian military began to use similar methods.

“In response to some of our volunteer teams to see this attitude, we began to operate symmetrically. Torture of prisoners took place, and some were tortured to death. Also killed prisoners. It came into use words such as “pressing”. Why was considered normal “squeeze” the property from separatist, if the separatists. Car, home pick up. This is not a crime if it is an enemy, “- said Zakharov.

The human rights activist noted that a significant part of society “meaningful or not it supports violence against the separatists.”

In addition to Ukrainian volunteer battalions, disturbances in the form of torture is also used employees of the Security Service, as evidenced by the reports Ukrainian Commissioner for Human Rights and the report of the Human Rights Defenders Amnesty international and Human rights watch.

According to Zakharov said that the Ombudsman’s report says that the greatest number of complaints (39%) related to the use of torture was applied in respect of the SBU.

“The Security Service torture detainees, it is not known where they are kept. In fact, according to the law of the SBU, and in the law on pre-trial detention was not a word about the fact that SBU can have investigative detention centers. If they are, then they are illegal, “- he stressed.

Zakharov also mentioned that persons detained in connection with allegations of investigative jurisdiction of the SBU, is charged with terrorism, separatism gosizmenui.

Sourse, 28/11/2016

The biggest violation of human rights among law enforcement agencies come from the SBU

July 21, 2016

What reforms have taken place in the judicial system of Ukraine during the reign of the new government and President Poroshenko and what prospects are opening up in the power department in the near future in an exclusive interview to the online edition of the Ukrainian News – From-UA has told the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, Director of the Kharkiv Human Rights group Evgeniy Zaharov.

Ukraine News – From-UA: Eugene E., good afternoon! What changes do you see in the law enforcement system since the arrival of the new government? The police, the prison service, the prosecutor’s office, the courts, the Ukrainian Security Service?

Evgeniy Zaharov: You see, in fact, comprehensive reform of the entire system of criminal justice, unfortunately, is not happening.

There are some changes in the police, which no longer exists, since the 7 th November 2015 it was replaced by the police.

A new patrol police in the 35 cities of Ukraine, except in rural areas set up, tested, tested and is now being implemented – a new model of public order, based on the rapid response groups. It was first in Sambor, then another nine district department, and then the model has been implemented in three areas since February 2016 years: in Kyiv, Kharkiv and Lviv, most recently in the Khmelnytsky and is now preparing to Volyn. That is, there is reform.

Nevertheless, we must clearly understand that this is only part of the police, which deals with the protection of public order and that has not affected the criminal unit, departmental system of medicine and education. And still a lot to do in order to continue to pursue this reform sequentially.

A major obstacle to this – is a lack of funding. The budget of the police and the Interior Ministry as a whole is very much curtailed, and a situation where a young patrol, who studied for three months, six months or a year of work, and get a much higher salary than the investigators or investigators with experience of 10-15 years – it’s not normal, so do not be must. But the funds to fix it, to raise the salary of those who have passed the certification, simply do not have today. And this is one of the main obstacles of the reform.

If we compare the way that we run the 100m, the 15 meters we already ran. But we need to run further and do not stop, because any stop will be fraught with the fact that all these improvements will be leveled. And the existing police system, which, alas, yet will not go away (because in many ways it continues to persist and everything appeared new can adapt to fit your habits and rules), will remain the same. This danger is, and it must be clearly understood. Because it can not police with a salary of 3-4 thousand hryvnia per month, especially in the big cities, to feed his family, and this will inevitably push him to some other acts of unlawful ways of earning.

If we talk about the prosecutor’s office, the courts, the prison system, the SBU, in my opinion, were only trying to initiate reforms in these bodies, but they failed. More specifically, I am referring to the prosecutor’s office and the courts, because what was done was done poorly. But it has its own reasons, and they can be viewed separately.

Beginning of the reform of the penitentiary system changes the structure of the State Penal Service and not for the actual penal institutions. That is life in the colonies so far has not changed the fact that these reforms have begun. And in fact, here you need to change a lot in practice and in law. But these changes are very difficult, they are harder to do than the police or the prosecutor’s office.

The order, which was formed there, break is not so easy, and if it is broken, then the situation in the colonies will be even worse, because they are financed disgusting. For them, the budget recorded two times less than you need, and they eventually receive half of that half. And actually financed at 25%, only to escape the fact that in each colony are looking for some way to make extra money. And where the administration of the colony successful, there is a better, where unsuccessful – there is worse.

A lot depends on whether the colony is “on the ground”, for example, as it can grow their own fruit and vegetables, in addition to budgetary allocations. And if they still grow and sell, so it’s even better.

And if it’s industrial zone, and there is something made, as is known, such a forced labor – not very productive, and businesses which employ convicted, it is difficult to compete. There’s basically an old worn-out equipment, old dirty technology … But this is a business that is closed from public scrutiny, and there occurs a serious enrichment of those who supervise them, despite the fact that the prisoners themselves receive a penny. And cut this Gordian knot is not possible, because simply these colonies is nothing to exist, even though a significant portion of the money takes the administration of enterprises, which are created when the colonies. Still, at least something, but remains a prisoner. If it will not, the situation will worsen significantly in the colonies. So just this problem can not be solved,

As for the prosecutor’s office – as long as I do not see major changes. It only point changes on staffing levels, or in some individual cases. But they are after the new Attorney-General, and should welcome the fact that he was engaged in such things – the most severe human rights violations in an attempt to eradicate them. Such as, for example, long-term maintenance portion accused detained in prison without penalty. You can also welcome his desire to make personnel changes. But in fact this is just all half-measures, and serious reform of the prosecutor’s office has, in fact, did not start. There is a problem with the presence of the frame, as is the case with the police and the prison system.

Ukraine News – From-UA: Over the past few years, we have changed three times Attorneys General. What is the reason, in your opinion?

Evgeniy Zaharov: This is due to the fact that they could not cope with the tasks that they are being given society and what is waiting for them. They have not been able, nor Oleh Makhnitskyi nor Yarema nor Shokin, to investigate crimes on the Maidan in full. And indeed they were unable to carry out any reform or change the entire system of prosecutors.

One of the reasons lies in the fact that all prosecutors are accountable to the President, and they worked in manual mode. I do not know if it’s true, but argue that the Attorney General Shokin literally daily reports to the President about the work that he did. That is, he received direct orders, what to do in any given situation, and be accountable for it.

It is this dependence Attorney General from the main official in the state – it’s completely normal. This is our problem: our political forces want to control the courts, prosecutors, law enforcement agencies and use them as an instrument for solving their political problems. It should not be. And it was when all power, a greater or lesser extent, and now it continues. And in this conflict and tied inside the prosecutor’s office, for example, Deputy Attorney General Kasko, Sakvarelidze and with so many such things.

That will be obtained from Lutsenko how he will behave in this situation, it is difficult to predict. But it is also clear that there have been delivered as a person close to the president, the former head of PPO fractions, and again you can expect from it will require certain actions in certain cases.

In general, public prosecutors should be independent, as well as the judges. And if that were the case, and they are not crushed, it would be much better. But prosecutors, like judges, there is a danger canned in its own system without any control and it was not changed, and their acceptance of the illegal and unjust decisions on someone’s orders then it will be difficult to correct. And there, and there is very difficult to pass between these two extremes.

Yuri V. started with some positive steps, private, essential, but how much he will be able to reform the system as a whole, we’ll see.

Everywhere very big problem with the staff. But by the way, if we talk about the staff, the best thing to do with this situation in the judicial system. There’s a lot more experienced and trained judges than the illiterate. But the trouble is that from the undue pressure that they get bored, they massively retire. And in a lot of police, who left because they did not want to undergo the procedure, which they were offered.

Although there is another point of view, they are weak people, once they had done so, and God is with them – and I fully understand it. Because it is a strong point of view: put on the form – to serve and to carry out all that is needed. And this is in fact the action of the Bible principle: “Do what you must, come what may.” And if you ran away, then you are a coward – that masculine approach. But such strong people very little, and those who is such, they are very uncomfortable, because they always do what they think is right, and not as orders superiors, and therefore always be under attack.

Ukraine News – From-UA: In one of the political talk show Verkhovna Rada Chairman Andrew Paruby called judicial reform – a major “victory” of the season in the parliament. Do you agree with this?

Evgeniy Zaharov: Unfortunately, he is mistaken. I appreciate the personal qualities of courage, integrity and honesty Parubiya, but I fear that he did not really understand the judicial system. And to say that judicial reform – a major victory in parliament, it is a mistake, in my opinion. Because in fact what happens is that the judicial system is now collapsing under the influence of such reforms.

Here is a very difficult task. On the one hand, the need to ensure the independence of the court, since it will not be open-minded and objective without it. If he is dependent, then it will be easy to pressure. But unfortunately, in this regard the so-called reform is quite Direction: they put the judges even more dependent than before. This is motivated by the fact that the judicial system – corruption, inadequate, does not meet the requirements of the time, and judges are flying all the accusations.

But I think that the judicial system is not more corrupt than any other in our country, and the fact that so judges are generally wrong. After all, judges are different: there is corruption, but there are those who will never take bribes, they just do not allow such cases, where they were waiting for the “right” decision.

So, unfortunately, judicial reform hinders the desire to take executive control of the judges. And whoever is in power, is manifested. With all the presidents since it was, and continues under President Poroshenko same. This is a big mistake, because it is impossible to treat with the judges, requiring them to take the “right” decision. This applies, above all, capital ships, the higher courts. The rest of the ships the same thing happens at the local level. And it turns out that judges are dependent, they are not free in their decisions. What judicial reform can be with such a situation? Yes, no, quite simply.

And then there was noticeably worsened access to justice by banning conventional lawyers, not lawyers, to take part in civil and administrative cases!

Ukraine News – From-UA: Yevgeny Yefimovich, what reforms are experiencing today, the Security Service of Ukraine?

Evgeniy Zaharov: With regard to the Security Service of Ukraine, the situation there is very bad, she did not reform. And today I can say that the greatest violations of human rights among law enforcement agencies come from the Security Service, which is very violates the right to liberty and security of person, the right to protection from torture and so many other rights. The balance between human rights and national security protection solutions quite clearly in favor of national security. And there are so many criminal enterprises, opened the SBU, which, to put it mildly, questionable.

What is happening there is, unfortunately, very often the real outrage. What could make more than once, considering the specific case of criminal prosecutions in the National Security Service. I do believe that this centaur – both intelligence and law enforcement authority – an anachronism, it is not normal, and this is not in any civilized country of the world.

We do not compare ourselves with Russia, we are talking about European countries. Intelligence agency must deal only with data extraction for senior government officials, her job – intelligence and counterintelligence. But the investigation of crimes – this is not her business. And if these functions have dramatically SBU take, it may be, would be transformed into a normal special service.

And today it’s just a body, which is taking advantage of its unique position, that is the main body for the protection of national security, which protects us against terrorism, which actually runs the ATO (and that’s how it is served) is really a body, for which there are very serious tyranny and human rights violations. security service need to take place to put it, and not the one that she now occupies.

Ukraine News – From-UA: What are the prospects in the law enforcement system you see in the near future?

Evgeniy Zaharov: I believe that the reforms could be done, it is a very real thing. But this requires a number of conditions.

The first – the mandatory funding. Here’s what the police reform can be done without additional funding, almost everything has already been done. But in order to move forward, we need the money, which is not. It is necessary to firmly grasp the rule: reforms cost money, and if you do not give money, the reforms will not. And those systems that need to be reformed, without the money will remain in its old state, and then rot.

And the second – political will is needed to implement these reforms. You need to have people who have a clear understanding and have a clear vision of what and how they want to do. To these were new teams that would have sufficient authority and political will to transform the system.

Police experience shows that this is possible in principle. But on the way people who do such things, a lot of difficulties, obstacles, problems. And of course, the reform of the law enforcement system of Ukraine – it is cleaning the Augean stables. And, nevertheless, the reforms could be done despite the fact that it was supported by the state and society, despite the fact that there is sufficient funding – it would all really.

But the obstacles are many: and the wrong political guidance on many issues, and the lack of funds, and perhaps most importantly – the lack of personnel.

Interviewed by Julia Protsyshena

Sourse, 20/07/2016

Instead, the right of profit operates in Ukraine

April 29, 2016

Rights principle does not work in Ukraine. State directs political benefit. A force opponents pressed.

This was stated by Evgeniy Zaharov, member of the Board of the Ukrainian Helsinki Human Rights Union, at a press conference the initiative group of “breast-Perche”.

“One of the main problems in the state and society – it is demagoguery and populism confidence that complex problems can be solved by simple methods In particular, the use of force Many individuals in their actions are guided solely by motives of political expediency and a desire to press their opponents tire out….. . them as far as possible they are not guided by the principles of law I want to emphasize that it is impossible to do so This is the road to a dead end is the way to defeat, “-… Zakharov said.

Recall, the participants of the initiative group “of breast-Perche” unveiled appeal “keep the state from self-destruction”, which called on the Ukrainian people to unite in the struggle for the state and the country’s leadership – to develop a new political system.

Sourse, 28.04.2016

The confrontation of political forces is a serious threat to human rights in Ukraine

January 5, 2016

2016, as the previous two years, will determine the continuing conflict in the east of Ukraine.This was reported by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, the situation with the provision of socio-economic rights of Ukrainians certainly improve if there will be positive developments in the economic sphere.

“A serious threat to Ukraine for Human Rights is a confrontation between the political forces, which leads to a loss of cohesion and possible political crises, worsening the situation as a whole. Unity us today is necessary, and I hope that the public will be able to overcome the calls for radical action, which we constantly hear today, “- said the expert.

As for the reform of the judicial system and law enforcement bodies, the human rights activist does not express much optimism: “There is, unfortunately, not been necessary conditions for this.”

At the same time, Evgeniy Zaharov expressed “very cautious optimism” about the fight against corruption in Ukraine.

“Those institutions that have started to work, in particular, the National Anti-Corruption Bureau and the Anti-Corruption Prosecutor’s Office, no longer able together to investigate corruption crimes. I hope that they will be successful in these matters, and it will not interfere with the obstacles generated by the unification of government and business. If these things can be diluted, then change for the better is possible, “- adds a human rights activist.

In general, according to Evgeniya Zaharova, 2016, as well as 2014-2015., Will determine the continuing conflict in the east of Ukraine.

“In those or other he will continue, God forbid, that these forms were more or less peaceful. From this it follows that Ukraine will be forced to live in such conditions, “- said the expert.

Evgeniy Zaharov also does not exclude the fact that “Naftogaz Ukraine” in 2016 received the first profit.

“We can expect that public procurement following the entry into force of the law, will not be as corrupt as before. And we can expect that will go on police reform, which in 2015 developed well and has the potential to become more successful “, – predicts a human rights activist.

Thus, it said Zakharov, if Ukraine will be able to avoid a large-scale military conflict, those areas in which the foundation was laid for the development, will be able to show positive results.

“I hope that the scale of the conflict will not be that he will be in the same form as now. Although this is, unfortunately, unlikely to save us from new victims “, – he summed up the expert.

Sourse, 04/01/2016

Sentsov and Kol’chenko may return to Ukraine

August 26, 2015

Sentenced to long terms of Ukrainian filmmaker Oleg Sentsov and activist Alexander Kol’chenko could theoretically be exchanged for captured officers of the Russian GRU. This was reported by a member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, lawyers and Sentsova Kol’chenko can seek the transfer of convicts to serve life in Ukraine.

“There is the Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of 22 January 1993. It provides for the transfer of prisoners to serve their sentences in the country of which they are. This good will of the two countries and this could be done on the basis of existing international treaties. But I have serious doubts that this is what happens. Because the Russian leadership this goodwill is simply no “, – Zakharov said.

The expert does not consider Sentsova and Kol’chenko first political prisoners of Ukrainian citizens on the territory of the Russian Federation. According to him, this is not the first case of conviction of political prisoners in Russia, because the country are persecuted and convicted a number of Russian activists and ordinary citizens of Ukraine, who were persecuted for their political beliefs and statements.

Processes themselves human rights activist believes that it is political.

“The process Sentsov-Kol’chenko, as well as in respect of Hope Savchenko, Russia wants to demonstrate that it is, as before, does not consider Ukraine’s independence, has no respect for its sovereignty and believes that it can bring them to trial Ukrainian citizens on trumped-up charges and accuse them in such crimes. This is all in line with the policy that recently the Kremlin is on Ukraine “, – Evgeniy Zaharov believes.

According to human rights activist Oleg Sentsov Alexander Kol’chenko Nadezhda Savchenko and may be released only in the event of a change of political regime in Russia, when they reviewed the criminal cases pending against them. At the same time, he did not rule out the possibility of a prisoner exchange.

“Between Russia and Ukraine, there may be political agreement on the exchange of prisoners, similar to how the Soviet Union exchanged spies in the Soviet political prisoners. Thus, in particular, have been released and went to the West , Vladimir Bukovsky , Mykola Rudenko and other dissidents and human rights activists.

“It’s hard to say, to whom can exchange convicted Sentsova Kol’chenko and, as a matter of trading. The fact that the process of international exchange of prisoners and the people completely secretive and the public does not take part in it. In Ukraine, it is engaged in the Security Service, or rather it is more of a performer, and the main issues are addressed at the highest level of political leadership. But such exchanges happen all the time. Theoretically, Sentsova, Kol’chenko or Hope Savchenko can exchange for the detainees in the ATO zone GRU officers of the Russian Federation. However, I’m not sure this is 100%, “- concluded Evgeniy Zaharov.

Recall, August 25, the North Caucasus District Military Court in Rostov-on-Don convicted in relation to Ukrainian director Oleg Sentsova on charges of planning terrorist attacks in the Crimea. The second defendant – activist Alexander Kol’chenko – found guilty of involvement in the terrorist community, complicity in a terrorist act.

The Ukrainian Foreign Ministry has called illegal and inhumane sentence Russian court in the case of citizens of Ukraine Oleg Sentsova Kol’chenko and Alexander, who were sentenced to 20 and 10 years imprisonment respectively.

Sourse, 25/08/2015

Результаты поиска:

Mixed hatchet and a scalpel

May 23, 2017

So in a nutshell, nA my opinion, can be characterized by a decree of President of Ukraine “On the decision of the National Security and Defense Council of Ukraine of 28 April 2017” On the application of personal special economic and other restrictive measures (sanctions), “which introduced a one-year (or three years, five years, indefinitely -. to each his own), various restrictions on the 468 legal entities and 1228 individuals About this in his blog on the NRwrote the well-known human rights activist, member of the Board of the Ukrainian Helsinki human Rights Union, the head of Kharkiv Human Rights Group Evgeniy Zaharov.

The following is the opinion of human rights activist:

Let’s try to argue from a position of affirmation and protection of human rights, which, according to Article 3 of the Constitution of Ukraine, is … the primary responsibility of our state.

According to the second part of Article 22 of the Constitution: “With the adoption of new laws or amending existing laws are not allowed narrowing of the content and scope of existing rights and freedoms.” At the same time it is obvious that imposed by the Decree (ie, the act is not even legislative and executive authorities) sanctions restrict the key rights and freedoms guaranteed by the Constitution: the right of ownership (Article 41) and / or freedom of information (Article 34) and / or creative freedom (article 54), and in respect only of individuals – even and / or the right to respect for private and family life (article 32) and / or freedom of movement (article 33).

In order to determine whether the restriction on the right (freedom) justified and valid, it is necessary to turn to his assessment on the basis of principles of the European Convention on Human Rights in 1950 Namely, the restriction of rights must be based on law, pursue a clearly defined goal of Limitations of fundamental law of Ukraine a list of objectives and be proportionate (adequate) in relation to the alleged threat was detected.

In any case, the effects of restrictions on rights and freedoms must bring less damage to society and the individual than the full implementation of the subjective right in its former, that is full. In our case, as far as can be judged, run by a presidential decree limiting the rights and freedoms formally based on the Law of Ukraine “On sanctions” on August 14, 2014, are intended to protect national security (or other objectives listed in Article 1 of the Law “On sanctions” ).

As for the answer to the question whether the rights and freedoms within an acceptable scale violated, the answer can only distance a thorough analysis of the proportionality introduced restrictions stated objectives. Such an analysis, which is very important, must be carried out with respect to each of the listed individuals and entities. In this case, a number of rights may be restricted only after a court decision to impose such restrictions. In any case, the principle of the rule of law requires the State and its agents provide a convincing argument in favor of the need to limit the rights.

Strictly speaking, to restrict the constitutional rights can only be in that case, if no such restriction is really impossible to do. Such a requirement is contained in the well-known presumption: based on the law and the court sanctioned restriction of the right should be recognized as “necessary in a democratic society”.

Whether in this case complied with the required procedure? I suppose not, but was glad to be wrong.

List of individuals to sanctions, including not only the citizens of Russia, but also in other foreign countries. It also got some Ukrainian citizens. We are talking about people living in the occupied territories as the Crimea, Donetsk and Lugansk regions and the territories controlled by the Ukrainian government. And I do not understand how in regard to the latter can act without prior court decision is most often found in the list of restriction of their property rights.

We are talking about blocking assets as a temporary restriction of a person the right to use and dispose of property belonging to him. Such a restriction may be regarded as an infringement of the fundamental right to private property is permissible only in the case of introduction of a state of emergency.

For example, a citizen Zagnibeda KG (№210 in the list), registered and residing in Slavyansk, should, it seems, for a year to get away from his home? And where? The all-knowing Google said that Mr. Zagnibeda born in 1963 – is an entrepreneur, the owner of the LLC “ZAGNIBEDA LTD” with the main activity:. “The production of plates, sheets, tubes and profiles made of plastics.”

In 2015, he ran for city council Slavic, being number 12 in the list of “Ukrainian parties honor the fight against corruption and organized crime.” More than anything substantive, I have not found, so to see at least a hint of why in this case to impose sanctions, failed. It is clear only that, apparently, during the occupation, Mr. Slavyansk Zagnibeda aggressor is not promoted, otherwise would have been prosecuted.

The list of legal entities – offshore companies, banks, airlines, industry, particularly engineering, enterprise, television and radio, social networking, and other services (cloud storage, navigation, music, etc.), software developers (hereinafter – Software) … Many of them have Ukrainian registration, they are in Ukraine and employ ordinary citizens of Ukraine.

Puzzling hit by sanctions of the Russian company “1C” and its Ukrainian representative office of LLC “1C Multimedia Ukraine”. Accounting computer system 1C uses 80% of Ukrainian enterprises of small and medium-sized businesses, the majority of public organizations.

It appears that in this case it is necessary to have very good reasons for decisions on sanctions, the data base must be sure to explain to the population. In general, a review of Ukrainian software development companies have come under the sanctions shows that they all have one similar trait – are subsidiaries or representative of the Russian companies. Is this the only and therefore sufficient from the point of view of the authorities, the legal basis?

Let’s consider the well-known company OOO “Parus-Ukraine”, working on the Ukrainian market since Soviet times. Referring to its website: parus.ua. The main activity of the group of companies “Sail” – the development, promotion and implementation of software for enterprise management. Today, the company – one of the largest software companies in Ukraine, developing business management. In addition to the development of the Center, for the period of its operation, the central office has developed a strong regional network of over 28 regional offices (see. №№ 443-468 in the legal list. Of persons) and more than two dozen dealers. The number of employees is more than 550 professionals, of which more than 250 are working in Kiev.

“Sail” Number of product installations exceeds 200,000, the software operates in more than 20,000 organizations. Users of software products “Sail” is the enterprise telecommunications, large industrial companies, oil and gas companies and thermal power complex, trading companies, insurance, credit and financial companies, design and construction organizations, enterprises transport and logistics, printing companies, publishing and media, restaurant complexes, cafes, bars, pubs, pizzerias, hotels, boarding houses, recreation, night sports and fitness clubs, entertainment centers, water parks, sire structure governmental administration, ministries, departments, committees, universities, medical and health institutions.

At the same site, “Sail” claims that his clients include 80% of the main managers of budgetary funds, including, in particular, the Ministry of Defense, Ministry of Internal Affairs, State Border Service, the regional management of the State Migration Service and emergency services, “Ukrtelecom” “Ukrnafta” SDO “Yuzhnoye”, National school of judges, and many other government agencies.

So it does not surprise me an urgent message on the official website, which appeared May 16 immediately after the release of the Decree, which reads as follows: “Sail” – a group of Ukrainian companies! Information about this can be found on the website under parus.ua “Copyright and Permissions”. Hit in the sanctions list in respect of the group of companies “Sail” is not valid, we will be challenged and is perceived by us as pressure.

And I was not surprised by the appearance of proposals to use all soon any new software products of Ukrainian origin, instead of products 1C, “Sail” and other subsidiaries of Russian software developers. I would like to still hear the explanation why many software developers to apply such a truly draconian restrictive measures.

But imposing sanctions on companies such as “Doctor Web”, “Kaspersky Lab” and their Ukrainian representative offices as no surprise. I had a lot to hear from system administrators familiar that these anti-virus programs as mail.ru complex can not be used, because they are engaged in espionage, embedded in the operating system of aggressive, damage the installation browser, install bugs and illegally collect information without permission and warn users.

In particular, personal information, financial records, data on the location, movement, and the like. The illegal collection of personal data and use them to the detriment of Ukraine also blame social networks “in contact” (VC) and “Classmates” (OK). In particular, the military claimed that the publication of photos of its soldiers in social networks sometimes leads to their death.

If the appeal to the social networks of people involved in the public sector, has brought serious harm to the national security and other public interests listed in Article 1 of the Law “On sanctions”, the restriction of access of civil servants and all other people working in state institutions, seem justified. But whether the state can restrict access to social networks of millions of people, to do with the public institutions do not have? I think it is – a massive violation of the right to privacy and freedom of expression.

The impression is that the imposition of sanctions is motivated primarily by some purely private, commercial and economic interests, and seeks to harm the financial interests of specific companies. In this vein, the sanctions would contribute to both the development of Ukrainian business. For example, as you know, “Yandex” and other Russian companies have brought down Ukrainian advertising market on the Internet and drove with him Ukrainian competitors. Sanctions will remove from the market “Yandex” and others. But it does benefit from that Ukrainian consumers? All this looks very doubtful and uncertain …

And I was wondering if anyone thought about the people who use “Yandex-purse”? For example, they can take in case of need their money? Or initial calculation was that the ban on access to web resources and easy to get around because all who need to quickly learn how to do it? This is indicated by many defenders of Presidential Decree – he, they say, is not directed against users, but against the companies, and that in our democratic state, no one will interfere with the VC and UC fans enjoy this personification of “Russian world”.

But older people remember well how quickly passed us by “enemies uneshnih” to “enemies unutrennim”. Here and now there are voices, including some active deputies, that you need to watch out for those who violate the decree and to hold them accountable. Our state has long dreamed of control over the internet, there have been several attempts to establish it. As long as they did not work. But to deal with the introduction of Internet control under the pretext of protecting information security during the war with the Russian aggressor will be more difficult. In any case, I really do not want to Ukraine in the national security services is easily confused with a rusty ax a surgical scalpel.

Sourse, 22/05/2017

Why “Savchenko law” did not need

May 22, 2017

“Savchenko Law” in Ukraine was canceled because it was no longer necessary. Prisoners who could list the period they were released or left to sit much less.

This edition Gazeta.ua said May 21 Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group.

“Law Savchenko” long wanted to cancel. And it happened. He played a role. It was difficult to differentiate for whom he acted. Therefore, it is easier to cancel than to change it for something. Everyone who could be counted period, then they have listed. Someone ended term of imprisonment or decreased significantly. For its abolition outweighed the negative attitude in the society to the fact that the release of prisoners, and the appearance of rejection Hope Savchenko. “

The law does not provide clear guidance on how to act with people who put life:.. “Do not take into account only the situation with the prisoners, which condemned the life one listed, while others refused because they thought that they are the law does not apply was discussion on about it. In the framework of “law Savchenko” would replace a life sentence for a specific sentence. But with the abolition of the law of the matter was dropped. “

In general, “the law Savchenko” had more positive than negative: “The law reduces the time of those who were in remand prisons with appalling conditions also for those who are convicted of the Code, which was in force until November 2012. Then it was possible to send the case to the.. . for further investigation and the suspect remained in jail for 7-10 years in pretrial detention were men 3-4 times more than the intended place of some forced to sleep in the same bed or in turn, poorly fed These conditions -.. Therefore, for the torture. “Savchenko law” be considered the year in Jail in prison was just over 2 years.

Now there are prisoners who have been tried under the old Code, the nearly empty prison. The conditions in the prison became a little better, though, if only because there is no overcrowding. The new code can be kept in the remand prison of the people can be punished at least 5 years imprisonment.

Negativity of the law there were some prisoners who were sitting at a fairly violent crimes and came much earlier on will than need. Some of them commit crimes again, but it’s not the fault of the law. “

Recall May 18 the Verkhovna Rada has supported the abolition of the so-called “Savchenko law.” He acted with the December 24, 2015. Terrible condition of detention centers and the conditions in which people with respect to which there is a consequence and court, have become the main motive for the adoption of this law. During the operation of the law 10.2 thousand. Inmates released early. Of these, 1.5 thousand. Went back under arrest and trial. We predicted that under this law, to freedom had to get another 34 thousand. Prisoners.

Sourse, 21/05/2017

I do not see any improvement in the human rights situation in Ukraine

May 15, 2017

– Last year in Ukraine, there were signs of improvement in the economy. Increased currency reserves, improve social standards. But I do not see any improvement in the human rights situation, – said the head of the Kharkiv Human Rights Group, a board member of the Ukrainian Helsinki Human Rights Union Evgeniy Zaharov .

– For example, police reform stalled. And for good reason. Only in October last year raised the salaries bulk of police – investigators, operatives, the local inspector. And before they received much less patrol. Disappeared motivation to work. Shortage in the areas reached 30 percent. It does not have someone to work with.

– What should I do first?

– Who have the opportunity to continue to change. First of all, in the criminal section. Most necessary for today – the reform of the Criminal Investigation and the investigation.

– What are the effects of human rights guard the most?

– The lack of mercy on the part of the state to its citizens. Everything comes from poor governance.

Recently I spoke to the chief doctor of the psychiatric hospital of Kharkiv. He said that from the budget to the patient per day on food are seven hryvnia for treatment – six. On drugs means no. The institution of the situation so decide. Privileged categories, war veterans or consumptive assigned 56 hryvnia powered. Their pros and divide at all. Also, spending on food by all means from the paid services that an institution provides to citizens. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

Clearly, the war takes more resources. But you can not treat people like this.

– whether the police are changing?

– It is not that they do not do anything. But they are ineffective. Prosecutors complain that police salary is more than theirs. But the re-certification of police virtually failed. Because it was carried out on the basis of ill-prepared legal act. As a result, one could appeal against the dismissal in court.

– Torture, hanging Affairs on the innocent, knocking indications left?

– It was less. The new Criminal Procedure Code contains many fuses from bad behavior, torture and the like. For example, to detain a person, you need the sanction of the investigating judge. Also, there is a norm of getting free legal aid to those who can not afford a lawyer.

If the victims of violence were about a million in the police in 2011, the year before – 409 million. The number of those who have experienced torture, reduced from 113 thousand to 62 thousand. But it’s still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– Applications become greater. Because the added complaints related to the military conflict in Donbas. For example, former prisoners of war and civilians complain of unlawful deprivation of liberty, torture. Only our organization in the past year, has written more than 200 such applications. More than 300 – colleagues from the Ukrainian Helsinki Union.

Many cases involve loss of property as a result of hostilities. This is an obvious violation of property rights. The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. People can not get a refund from him, turning to the European Court. You can file lawsuits against Russia as an aggressor against Ukraine – for inaction. When there is evidence that it is your property, an application to the European Court prospectively. Some applicants were denied because they only sent photos of destroyed houses. And the documents that would confirm the right of ownership, could not provide because they have destroyed, along with housing.

Sourse, 14/05/2017

On the situation with human rights in Ukraine in 2016

March 8, 2017

Board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group Evgeniy Zaharov believes that the situation with human rights in Ukraine has not improved in 2016.

This he said in an interview Gazeta.ua .

– Last year, the country was undergoing improvements, – says human rights activist. – the beginning of macroeconomic stabilization, increased currency reserves, rising social standards. That is, there are signs of an improving economy. But no progress on improving the human rights situation, I do not see. For example, police reform stalled. And with good reason. Just last year, in October raised the salaries of investigators, detectives, district inspectors. And before they received significantly less than patrol. And this situation was abnormal. Because motivation is gone to work. Shortage in branches reached 30 percent. There was no one to work.

– What is the first thing to do?

– Who have the opportunity to continue the necessary changes. First of all, in the criminal section. After all, the reform of the Criminal Investigation and the investigation to date is the most necessary. Last year in this sense has been lost – due to lack of funds. Because starting any changes when there is insufficient funding law enforcement, against the loss of motivation of employees, is futile.

– What are the effects of human rights guard the most?

– Everything goes from inefficient style of governance. Offer to introduce the patrols, which will check whether all the work in the state. The urge to check the place of residence of immigrants, or to find out who receives a pension in Ukraine and ORDLO. This attitude of the state to the people wrong.

Recently I spoke to the chief doctor of a mental hospital in Kharkov. He said that the budget mentally ill on the day of release at 7 hryvnia food, medical treatment – 6 hryvnia. Therefore, the necessary funds are no drugs. As he comes out of the situation? Privileged categories, for example, consumptive or war veterans, 56 hryvnia relies on food. He divides all the advantages and all. In addition, it leads all money for food from paid services provided by the institution for citizens. Has established strict control over the catering department. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

It is clear that we have a war going on, it takes more resources. But you can not treat people like this. I think the main problem of human rights in Ukraine, the lack of humanity and compassion on the part of the state to its citizens.

– whether the police are changing, prosecutors, other law enforcement agencies?

– To say that they really do not do anything, you can not. But they perform their functions effectively, taking into account the realities. Prosecutors now want to get a big salary. They complain that the police are getting more than they do. But the re-certification of police virtually failed. Because it was carried out on the basis of a legal act that is poorly prepared. As a result, anyone who did not pass re-certification could appeal against his dismissal in court. Thus almost all the security officers returned to their posts. It is simply a profanation, not reform. Re-certification does not become a means of purification of the police.

– That is, such things as torture, hanging Affairs on innocent knock readings were?

– It was less. In particular, because the new Code of Criminal Procedure contains a lot of fuses with respect to mistreatment, torture, and the like. For example, to detain a person, authorized by a judge need an investigator. In addition, there is a norm of getting free legal aid those who can not afford to hire a lawyer. It is also a preventive tool. Finally, the court will not accept evidence obtained during the investigation. If it was about a million, then in 2015 in 2011 the victims of violence by the police – 409 thousand. Number of victims of torture has decreased from 113 000 to 62. But this is still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– statement was more because added complaints related to the military conflict in Donbas. It is, for example, prisoners of war – both military and civilian. They complain about the unlawful imprisonment, detention, torture, and the like. Only our organization in the past year, has written more than 200 such applications. More 300 – from our colleagues from the Ukrainian Helsinki Union. In addition, many of the rights violations associated with the loss of property as a result of hostilities. This is an obvious violation of property rights. Because people can not obtain compensation from the state, then turn to the European Court. The practice of national courts in this contradictory. Some courts satisfy the claim, when shelling destroyed houses and other refuse. When there is evidence that it is your property, the application to the European Court prospectively.

The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. You can file claims against the Russian, as it is the aggressor and against Ukraine – for inaction.

The Court considered the first such case. Some applicants were denied because they did not provide evidence that the property belongs to them. Sent photos of destroyed houses and the thought that this is enough. A document failed to provide, as they destroyed along with houses.

– What are the consequences of the application of the law Savchenko?

– I do not think that the worsening crime situation is directly related to him. This is confirmed by criminological research.

Sourse, 7/05/2017

Information about the doctrine of Petra Poroshenko

February 28, 2017

Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union (UHHRU), director of the Kharkiv Human Rights Group, said the anti-democratic decision of the Decree of the President of Ukraine Petro Poroshenko, regulatory monitoring of the media and the public resources of the Internet to identify information that is banned in Ukraine.

This was a human rights activist told the Ukrainian News agency.

“It is anti-democratic decision. I have over 20 years of struggle with such tendencies and still I managed such a thing to stop. Now it will be very difficult, because behind this, in my opinion, totally mistaken idea that it is necessary to fight the enemy. For fight the enemy must be quite different, “- he said.

Such a decision will only search for the enemy within the country and fight against it.

According to him, media monitoring and public Internet resources affect the freedom of the media.

“Will, of course, in a different way does not happen It (impact) will be expanded.” – he said.

Zakharov added that such a practice exists in Russia, China, Belarus, and not in the free countries.

“It’s just nonsense,” – he added.

The human rights activist believes that such an order is a mistake of Poroshenko and those who support it, because they do not understand the nature of information relations.

Recall President Petro Poroshenko instructed the Ministry of information policy to seek information in the media prohibited.

Earlier Poroshenko instructed the Cabinet to develop a bill that will be possible to lock the sites by the court .

Sourse, 27/02/2017

In February it will be known the new head of the Ukrainian National Police

December 26, 2016

Ukrainian Interior Minister Arsen Avakov announced a competition for the position of head National Police that occupy Khatia Dekanoidze until November. Who joined the Board on the selection of candidates? How will decisions be made?

The competition jury composed of experts from Canada, the US, Denmark and Ukraine.

On the phone with “Gromadska radio” MVD Director of Communications Department Artyom Shevchenko and a member of the competition committee, the founder of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov .

Irina Sampan: How will the competitive commission? It will be ensured transparency of the competition?

Evgeniy Zaharov: Now the candidates submit their application – CV and motivation letter. All received materials are translated into English and simultaneously transmitted to all members of the commission – Ukrainian and foreign. We will study and prepare materials for the meetings – the first will be held on January 18.

the primary analysis will be carried out, whether to send the summary of the qualifications for the post head Natspolitsii contained in the law – a full law degree, not less than 7 years of experience in the legal field and 5 years of managerial experience.

Prior to the first meeting of all candidates pass the test on the General Skills (general skills – Ed.) – the ability to think logically. The same test, which all police officers at recertification.

And the results of these three sources – resume, cover letter, and test – Commission will examine each candidate and ballot to decide whether he will be admitted to the interview. For each will vote personally. All this will be recorded on video, and who wants to be able to see. We just have not decided whether to make a shot in real time or recording and display afterwards.

Irina Sampan: Interviews with candidates will be carried out the commission?

Evgeniy Zaharov: Yes. All candidates will be asked the same questions, so that they are on an equal footing. It will surely be recorded on video and then you will see. After the interview, the commission will select the best three candidates and will give the Interior Ministry, whom she recommended to assign. The minister will have to choose from these three candidates.

Tatiana Troschinsky: The final word of the Minister of the Ministry of Interior ?

Evgeniy Zaharov: Yes, it is legally wrong. The minister is one candidate to the government, the government of his claims.

Irina Sampan: Can be applied to this competition a former policeman, who did not pass the re-certification?

Evgeniy Zaharov: No they do not interfere. But if they had a bad result on the test, why they do it. We introduced the test as a formal evaluation of the candidate’s ability to think. The Commission considered that it is a necessary condition. If a person can not think logically, he can not apply for this position.

Tatiana Troschinsky: In addition to these formal things that the law says that you define important? That may affect your choice to vote or not to vote for the candidate?

Evgeniy Zaharov: There are requirements to the candidate, expressed in the law – a good reputation, high moral qualities. Speaking for myself personally, their preferences – for me it will be very important if the candidate has not been seen in the human rights violations in the past. How he showed earlier in his work.

The interviews will be sufficiently deep and detailed, so that all of this will reveal. His qualities as a manager, communication with people and staff, ability to work in conditions of risk, uncertain environment with incomplete information, the propensity for innovation, creativity.

I also want to emphasize that the norm in the law of at least 7 years of work in the field of law is only at first assumed policing. And it was I who introduced the amendment to the bill that you need to expand the pool of candidates. What should be lawyers, not the police – it may be prosecutors, tax. As Artem Sitnik, who was a very decent and a good candidate for the post of head of the National Anti-Corruption Bureau. bidders circle should not be limited to the police around.

Irina Sampan: When the Commission will submit to the Minister Interior Ministry candidates recommended for the post of Natspolitsii?

Evgeniy Zaharov: The timing is now difficult to say, because it is not clear how many will be applications. If, for example, 200, the operation may take a week. Everyone needs to read, to think, to study, you have to vote for each candidate. Maybe I’m wrong, is a bit of candidates, and we are the first three days have time to do all this. But I think that it is doubtful, and we move on to the next week (after the first meeting on 18 January – Ed.).

Irina Sampan: How many applications have been filed?

Evgeniy Zaharov: Five days ago there were six. This is the ones translated into English and sent to all candidates. It’s Christmas, the intensity of a halt. I think that most of the applications will be after the New Year.

Sourse, 25/12/2016

Why was considered normal “squeeze” the property from the separatist?

November 29, 2016

Fighting in eastern Ukraine led to a significant deterioration of the situation with human rights, including, new extraordinary precedent that did not previously exist in Ukraine. This was stated by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union and the head of Evgeniy Zaharov the Kharkiv Human Rights Group, in an interview , “Gromadska” .

Zakharov said that the first cases of human rights violations related to the situation in the Donbas is to start from the militants, who were persecuted, detained, tortured and killed patriotic citizens. Subsequently, this led to the fact that the Ukrainian military began to use similar methods.

“In response to some of our volunteer teams to see this attitude, we began to operate symmetrically. Torture of prisoners took place, and some were tortured to death. Also killed prisoners. It came into use words such as “pressing”. Why was considered normal “squeeze” the property from separatist, if the separatists. Car, home pick up. This is not a crime if it is an enemy, “- said Zakharov.

The human rights activist noted that a significant part of society “meaningful or not it supports violence against the separatists.”

In addition to Ukrainian volunteer battalions, disturbances in the form of torture is also used employees of the Security Service, as evidenced by the reports Ukrainian Commissioner for Human Rights and the report of the Human Rights Defenders Amnesty international and Human rights watch.

According to Zakharov said that the Ombudsman’s report says that the greatest number of complaints (39%) related to the use of torture was applied in respect of the SBU.

“The Security Service torture detainees, it is not known where they are kept. In fact, according to the law of the SBU, and in the law on pre-trial detention was not a word about the fact that SBU can have investigative detention centers. If they are, then they are illegal, “- he stressed.

Zakharov also mentioned that persons detained in connection with allegations of investigative jurisdiction of the SBU, is charged with terrorism, separatism gosizmenui.

Sourse, 28/11/2016

The biggest violation of human rights among law enforcement agencies come from the SBU

July 21, 2016

What reforms have taken place in the judicial system of Ukraine during the reign of the new government and President Poroshenko and what prospects are opening up in the power department in the near future in an exclusive interview to the online edition of the Ukrainian News – From-UA has told the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, Director of the Kharkiv Human Rights group Evgeniy Zaharov.

Ukraine News – From-UA: Eugene E., good afternoon! What changes do you see in the law enforcement system since the arrival of the new government? The police, the prison service, the prosecutor’s office, the courts, the Ukrainian Security Service?

Evgeniy Zaharov: You see, in fact, comprehensive reform of the entire system of criminal justice, unfortunately, is not happening.

There are some changes in the police, which no longer exists, since the 7 th November 2015 it was replaced by the police.

A new patrol police in the 35 cities of Ukraine, except in rural areas set up, tested, tested and is now being implemented – a new model of public order, based on the rapid response groups. It was first in Sambor, then another nine district department, and then the model has been implemented in three areas since February 2016 years: in Kyiv, Kharkiv and Lviv, most recently in the Khmelnytsky and is now preparing to Volyn. That is, there is reform.

Nevertheless, we must clearly understand that this is only part of the police, which deals with the protection of public order and that has not affected the criminal unit, departmental system of medicine and education. And still a lot to do in order to continue to pursue this reform sequentially.

A major obstacle to this – is a lack of funding. The budget of the police and the Interior Ministry as a whole is very much curtailed, and a situation where a young patrol, who studied for three months, six months or a year of work, and get a much higher salary than the investigators or investigators with experience of 10-15 years – it’s not normal, so do not be must. But the funds to fix it, to raise the salary of those who have passed the certification, simply do not have today. And this is one of the main obstacles of the reform.

If we compare the way that we run the 100m, the 15 meters we already ran. But we need to run further and do not stop, because any stop will be fraught with the fact that all these improvements will be leveled. And the existing police system, which, alas, yet will not go away (because in many ways it continues to persist and everything appeared new can adapt to fit your habits and rules), will remain the same. This danger is, and it must be clearly understood. Because it can not police with a salary of 3-4 thousand hryvnia per month, especially in the big cities, to feed his family, and this will inevitably push him to some other acts of unlawful ways of earning.

If we talk about the prosecutor’s office, the courts, the prison system, the SBU, in my opinion, were only trying to initiate reforms in these bodies, but they failed. More specifically, I am referring to the prosecutor’s office and the courts, because what was done was done poorly. But it has its own reasons, and they can be viewed separately.

Beginning of the reform of the penitentiary system changes the structure of the State Penal Service and not for the actual penal institutions. That is life in the colonies so far has not changed the fact that these reforms have begun. And in fact, here you need to change a lot in practice and in law. But these changes are very difficult, they are harder to do than the police or the prosecutor’s office.

The order, which was formed there, break is not so easy, and if it is broken, then the situation in the colonies will be even worse, because they are financed disgusting. For them, the budget recorded two times less than you need, and they eventually receive half of that half. And actually financed at 25%, only to escape the fact that in each colony are looking for some way to make extra money. And where the administration of the colony successful, there is a better, where unsuccessful – there is worse.

A lot depends on whether the colony is “on the ground”, for example, as it can grow their own fruit and vegetables, in addition to budgetary allocations. And if they still grow and sell, so it’s even better.

And if it’s industrial zone, and there is something made, as is known, such a forced labor – not very productive, and businesses which employ convicted, it is difficult to compete. There’s basically an old worn-out equipment, old dirty technology … But this is a business that is closed from public scrutiny, and there occurs a serious enrichment of those who supervise them, despite the fact that the prisoners themselves receive a penny. And cut this Gordian knot is not possible, because simply these colonies is nothing to exist, even though a significant portion of the money takes the administration of enterprises, which are created when the colonies. Still, at least something, but remains a prisoner. If it will not, the situation will worsen significantly in the colonies. So just this problem can not be solved,

As for the prosecutor’s office – as long as I do not see major changes. It only point changes on staffing levels, or in some individual cases. But they are after the new Attorney-General, and should welcome the fact that he was engaged in such things – the most severe human rights violations in an attempt to eradicate them. Such as, for example, long-term maintenance portion accused detained in prison without penalty. You can also welcome his desire to make personnel changes. But in fact this is just all half-measures, and serious reform of the prosecutor’s office has, in fact, did not start. There is a problem with the presence of the frame, as is the case with the police and the prison system.

Ukraine News – From-UA: Over the past few years, we have changed three times Attorneys General. What is the reason, in your opinion?

Evgeniy Zaharov: This is due to the fact that they could not cope with the tasks that they are being given society and what is waiting for them. They have not been able, nor Oleh Makhnitskyi nor Yarema nor Shokin, to investigate crimes on the Maidan in full. And indeed they were unable to carry out any reform or change the entire system of prosecutors.

One of the reasons lies in the fact that all prosecutors are accountable to the President, and they worked in manual mode. I do not know if it’s true, but argue that the Attorney General Shokin literally daily reports to the President about the work that he did. That is, he received direct orders, what to do in any given situation, and be accountable for it.

It is this dependence Attorney General from the main official in the state – it’s completely normal. This is our problem: our political forces want to control the courts, prosecutors, law enforcement agencies and use them as an instrument for solving their political problems. It should not be. And it was when all power, a greater or lesser extent, and now it continues. And in this conflict and tied inside the prosecutor’s office, for example, Deputy Attorney General Kasko, Sakvarelidze and with so many such things.

That will be obtained from Lutsenko how he will behave in this situation, it is difficult to predict. But it is also clear that there have been delivered as a person close to the president, the former head of PPO fractions, and again you can expect from it will require certain actions in certain cases.

In general, public prosecutors should be independent, as well as the judges. And if that were the case, and they are not crushed, it would be much better. But prosecutors, like judges, there is a danger canned in its own system without any control and it was not changed, and their acceptance of the illegal and unjust decisions on someone’s orders then it will be difficult to correct. And there, and there is very difficult to pass between these two extremes.

Yuri V. started with some positive steps, private, essential, but how much he will be able to reform the system as a whole, we’ll see.

Everywhere very big problem with the staff. But by the way, if we talk about the staff, the best thing to do with this situation in the judicial system. There’s a lot more experienced and trained judges than the illiterate. But the trouble is that from the undue pressure that they get bored, they massively retire. And in a lot of police, who left because they did not want to undergo the procedure, which they were offered.

Although there is another point of view, they are weak people, once they had done so, and God is with them – and I fully understand it. Because it is a strong point of view: put on the form – to serve and to carry out all that is needed. And this is in fact the action of the Bible principle: “Do what you must, come what may.” And if you ran away, then you are a coward – that masculine approach. But such strong people very little, and those who is such, they are very uncomfortable, because they always do what they think is right, and not as orders superiors, and therefore always be under attack.

Ukraine News – From-UA: In one of the political talk show Verkhovna Rada Chairman Andrew Paruby called judicial reform – a major “victory” of the season in the parliament. Do you agree with this?

Evgeniy Zaharov: Unfortunately, he is mistaken. I appreciate the personal qualities of courage, integrity and honesty Parubiya, but I fear that he did not really understand the judicial system. And to say that judicial reform – a major victory in parliament, it is a mistake, in my opinion. Because in fact what happens is that the judicial system is now collapsing under the influence of such reforms.

Here is a very difficult task. On the one hand, the need to ensure the independence of the court, since it will not be open-minded and objective without it. If he is dependent, then it will be easy to pressure. But unfortunately, in this regard the so-called reform is quite Direction: they put the judges even more dependent than before. This is motivated by the fact that the judicial system – corruption, inadequate, does not meet the requirements of the time, and judges are flying all the accusations.

But I think that the judicial system is not more corrupt than any other in our country, and the fact that so judges are generally wrong. After all, judges are different: there is corruption, but there are those who will never take bribes, they just do not allow such cases, where they were waiting for the “right” decision.

So, unfortunately, judicial reform hinders the desire to take executive control of the judges. And whoever is in power, is manifested. With all the presidents since it was, and continues under President Poroshenko same. This is a big mistake, because it is impossible to treat with the judges, requiring them to take the “right” decision. This applies, above all, capital ships, the higher courts. The rest of the ships the same thing happens at the local level. And it turns out that judges are dependent, they are not free in their decisions. What judicial reform can be with such a situation? Yes, no, quite simply.

And then there was noticeably worsened access to justice by banning conventional lawyers, not lawyers, to take part in civil and administrative cases!

Ukraine News – From-UA: Yevgeny Yefimovich, what reforms are experiencing today, the Security Service of Ukraine?

Evgeniy Zaharov: With regard to the Security Service of Ukraine, the situation there is very bad, she did not reform. And today I can say that the greatest violations of human rights among law enforcement agencies come from the Security Service, which is very violates the right to liberty and security of person, the right to protection from torture and so many other rights. The balance between human rights and national security protection solutions quite clearly in favor of national security. And there are so many criminal enterprises, opened the SBU, which, to put it mildly, questionable.

What is happening there is, unfortunately, very often the real outrage. What could make more than once, considering the specific case of criminal prosecutions in the National Security Service. I do believe that this centaur – both intelligence and law enforcement authority – an anachronism, it is not normal, and this is not in any civilized country of the world.

We do not compare ourselves with Russia, we are talking about European countries. Intelligence agency must deal only with data extraction for senior government officials, her job – intelligence and counterintelligence. But the investigation of crimes – this is not her business. And if these functions have dramatically SBU take, it may be, would be transformed into a normal special service.

And today it’s just a body, which is taking advantage of its unique position, that is the main body for the protection of national security, which protects us against terrorism, which actually runs the ATO (and that’s how it is served) is really a body, for which there are very serious tyranny and human rights violations. security service need to take place to put it, and not the one that she now occupies.

Ukraine News – From-UA: What are the prospects in the law enforcement system you see in the near future?

Evgeniy Zaharov: I believe that the reforms could be done, it is a very real thing. But this requires a number of conditions.

The first – the mandatory funding. Here’s what the police reform can be done without additional funding, almost everything has already been done. But in order to move forward, we need the money, which is not. It is necessary to firmly grasp the rule: reforms cost money, and if you do not give money, the reforms will not. And those systems that need to be reformed, without the money will remain in its old state, and then rot.

And the second – political will is needed to implement these reforms. You need to have people who have a clear understanding and have a clear vision of what and how they want to do. To these were new teams that would have sufficient authority and political will to transform the system.

Police experience shows that this is possible in principle. But on the way people who do such things, a lot of difficulties, obstacles, problems. And of course, the reform of the law enforcement system of Ukraine – it is cleaning the Augean stables. And, nevertheless, the reforms could be done despite the fact that it was supported by the state and society, despite the fact that there is sufficient funding – it would all really.

But the obstacles are many: and the wrong political guidance on many issues, and the lack of funds, and perhaps most importantly – the lack of personnel.

Interviewed by Julia Protsyshena

Sourse, 20/07/2016

Instead, the right of profit operates in Ukraine

April 29, 2016

Rights principle does not work in Ukraine. State directs political benefit. A force opponents pressed.

This was stated by Evgeniy Zaharov, member of the Board of the Ukrainian Helsinki Human Rights Union, at a press conference the initiative group of “breast-Perche”.

“One of the main problems in the state and society – it is demagoguery and populism confidence that complex problems can be solved by simple methods In particular, the use of force Many individuals in their actions are guided solely by motives of political expediency and a desire to press their opponents tire out….. . them as far as possible they are not guided by the principles of law I want to emphasize that it is impossible to do so This is the road to a dead end is the way to defeat, “-… Zakharov said.

Recall, the participants of the initiative group “of breast-Perche” unveiled appeal “keep the state from self-destruction”, which called on the Ukrainian people to unite in the struggle for the state and the country’s leadership – to develop a new political system.

Sourse, 28.04.2016

The confrontation of political forces is a serious threat to human rights in Ukraine

January 5, 2016

2016, as the previous two years, will determine the continuing conflict in the east of Ukraine.This was reported by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, the situation with the provision of socio-economic rights of Ukrainians certainly improve if there will be positive developments in the economic sphere.

“A serious threat to Ukraine for Human Rights is a confrontation between the political forces, which leads to a loss of cohesion and possible political crises, worsening the situation as a whole. Unity us today is necessary, and I hope that the public will be able to overcome the calls for radical action, which we constantly hear today, “- said the expert.

As for the reform of the judicial system and law enforcement bodies, the human rights activist does not express much optimism: “There is, unfortunately, not been necessary conditions for this.”

At the same time, Evgeniy Zaharov expressed “very cautious optimism” about the fight against corruption in Ukraine.

“Those institutions that have started to work, in particular, the National Anti-Corruption Bureau and the Anti-Corruption Prosecutor’s Office, no longer able together to investigate corruption crimes. I hope that they will be successful in these matters, and it will not interfere with the obstacles generated by the unification of government and business. If these things can be diluted, then change for the better is possible, “- adds a human rights activist.

In general, according to Evgeniya Zaharova, 2016, as well as 2014-2015., Will determine the continuing conflict in the east of Ukraine.

“In those or other he will continue, God forbid, that these forms were more or less peaceful. From this it follows that Ukraine will be forced to live in such conditions, “- said the expert.

Evgeniy Zaharov also does not exclude the fact that “Naftogaz Ukraine” in 2016 received the first profit.

“We can expect that public procurement following the entry into force of the law, will not be as corrupt as before. And we can expect that will go on police reform, which in 2015 developed well and has the potential to become more successful “, – predicts a human rights activist.

Thus, it said Zakharov, if Ukraine will be able to avoid a large-scale military conflict, those areas in which the foundation was laid for the development, will be able to show positive results.

“I hope that the scale of the conflict will not be that he will be in the same form as now. Although this is, unfortunately, unlikely to save us from new victims “, – he summed up the expert.

Sourse, 04/01/2016

Sentsov and Kol’chenko may return to Ukraine

August 26, 2015

Sentenced to long terms of Ukrainian filmmaker Oleg Sentsov and activist Alexander Kol’chenko could theoretically be exchanged for captured officers of the Russian GRU. This was reported by a member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, lawyers and Sentsova Kol’chenko can seek the transfer of convicts to serve life in Ukraine.

“There is the Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of 22 January 1993. It provides for the transfer of prisoners to serve their sentences in the country of which they are. This good will of the two countries and this could be done on the basis of existing international treaties. But I have serious doubts that this is what happens. Because the Russian leadership this goodwill is simply no “, – Zakharov said.

The expert does not consider Sentsova and Kol’chenko first political prisoners of Ukrainian citizens on the territory of the Russian Federation. According to him, this is not the first case of conviction of political prisoners in Russia, because the country are persecuted and convicted a number of Russian activists and ordinary citizens of Ukraine, who were persecuted for their political beliefs and statements.

Processes themselves human rights activist believes that it is political.

“The process Sentsov-Kol’chenko, as well as in respect of Hope Savchenko, Russia wants to demonstrate that it is, as before, does not consider Ukraine’s independence, has no respect for its sovereignty and believes that it can bring them to trial Ukrainian citizens on trumped-up charges and accuse them in such crimes. This is all in line with the policy that recently the Kremlin is on Ukraine “, – Evgeniy Zaharov believes.

According to human rights activist Oleg Sentsov Alexander Kol’chenko Nadezhda Savchenko and may be released only in the event of a change of political regime in Russia, when they reviewed the criminal cases pending against them. At the same time, he did not rule out the possibility of a prisoner exchange.

“Between Russia and Ukraine, there may be political agreement on the exchange of prisoners, similar to how the Soviet Union exchanged spies in the Soviet political prisoners. Thus, in particular, have been released and went to the West , Vladimir Bukovsky , Mykola Rudenko and other dissidents and human rights activists.

“It’s hard to say, to whom can exchange convicted Sentsova Kol’chenko and, as a matter of trading. The fact that the process of international exchange of prisoners and the people completely secretive and the public does not take part in it. In Ukraine, it is engaged in the Security Service, or rather it is more of a performer, and the main issues are addressed at the highest level of political leadership. But such exchanges happen all the time. Theoretically, Sentsova, Kol’chenko or Hope Savchenko can exchange for the detainees in the ATO zone GRU officers of the Russian Federation. However, I’m not sure this is 100%, “- concluded Evgeniy Zaharov.

Recall, August 25, the North Caucasus District Military Court in Rostov-on-Don convicted in relation to Ukrainian director Oleg Sentsova on charges of planning terrorist attacks in the Crimea. The second defendant – activist Alexander Kol’chenko – found guilty of involvement in the terrorist community, complicity in a terrorist act.

The Ukrainian Foreign Ministry has called illegal and inhumane sentence Russian court in the case of citizens of Ukraine Oleg Sentsova Kol’chenko and Alexander, who were sentenced to 20 and 10 years imprisonment respectively.

Sourse, 25/08/2015

Результаты поиска:

Mixed hatchet and a scalpel

May 23, 2017

So in a nutshell, nA my opinion, can be characterized by a decree of President of Ukraine “On the decision of the National Security and Defense Council of Ukraine of 28 April 2017” On the application of personal special economic and other restrictive measures (sanctions), “which introduced a one-year (or three years, five years, indefinitely -. to each his own), various restrictions on the 468 legal entities and 1228 individuals About this in his blog on the NRwrote the well-known human rights activist, member of the Board of the Ukrainian Helsinki human Rights Union, the head of Kharkiv Human Rights Group Evgeniy Zaharov.

The following is the opinion of human rights activist:

Let’s try to argue from a position of affirmation and protection of human rights, which, according to Article 3 of the Constitution of Ukraine, is … the primary responsibility of our state.

According to the second part of Article 22 of the Constitution: “With the adoption of new laws or amending existing laws are not allowed narrowing of the content and scope of existing rights and freedoms.” At the same time it is obvious that imposed by the Decree (ie, the act is not even legislative and executive authorities) sanctions restrict the key rights and freedoms guaranteed by the Constitution: the right of ownership (Article 41) and / or freedom of information (Article 34) and / or creative freedom (article 54), and in respect only of individuals – even and / or the right to respect for private and family life (article 32) and / or freedom of movement (article 33).

In order to determine whether the restriction on the right (freedom) justified and valid, it is necessary to turn to his assessment on the basis of principles of the European Convention on Human Rights in 1950 Namely, the restriction of rights must be based on law, pursue a clearly defined goal of Limitations of fundamental law of Ukraine a list of objectives and be proportionate (adequate) in relation to the alleged threat was detected.

In any case, the effects of restrictions on rights and freedoms must bring less damage to society and the individual than the full implementation of the subjective right in its former, that is full. In our case, as far as can be judged, run by a presidential decree limiting the rights and freedoms formally based on the Law of Ukraine “On sanctions” on August 14, 2014, are intended to protect national security (or other objectives listed in Article 1 of the Law “On sanctions” ).

As for the answer to the question whether the rights and freedoms within an acceptable scale violated, the answer can only distance a thorough analysis of the proportionality introduced restrictions stated objectives. Such an analysis, which is very important, must be carried out with respect to each of the listed individuals and entities. In this case, a number of rights may be restricted only after a court decision to impose such restrictions. In any case, the principle of the rule of law requires the State and its agents provide a convincing argument in favor of the need to limit the rights.

Strictly speaking, to restrict the constitutional rights can only be in that case, if no such restriction is really impossible to do. Such a requirement is contained in the well-known presumption: based on the law and the court sanctioned restriction of the right should be recognized as “necessary in a democratic society”.

Whether in this case complied with the required procedure? I suppose not, but was glad to be wrong.

List of individuals to sanctions, including not only the citizens of Russia, but also in other foreign countries. It also got some Ukrainian citizens. We are talking about people living in the occupied territories as the Crimea, Donetsk and Lugansk regions and the territories controlled by the Ukrainian government. And I do not understand how in regard to the latter can act without prior court decision is most often found in the list of restriction of their property rights.

We are talking about blocking assets as a temporary restriction of a person the right to use and dispose of property belonging to him. Such a restriction may be regarded as an infringement of the fundamental right to private property is permissible only in the case of introduction of a state of emergency.

For example, a citizen Zagnibeda KG (№210 in the list), registered and residing in Slavyansk, should, it seems, for a year to get away from his home? And where? The all-knowing Google said that Mr. Zagnibeda born in 1963 – is an entrepreneur, the owner of the LLC “ZAGNIBEDA LTD” with the main activity:. “The production of plates, sheets, tubes and profiles made of plastics.”

In 2015, he ran for city council Slavic, being number 12 in the list of “Ukrainian parties honor the fight against corruption and organized crime.” More than anything substantive, I have not found, so to see at least a hint of why in this case to impose sanctions, failed. It is clear only that, apparently, during the occupation, Mr. Slavyansk Zagnibeda aggressor is not promoted, otherwise would have been prosecuted.

The list of legal entities – offshore companies, banks, airlines, industry, particularly engineering, enterprise, television and radio, social networking, and other services (cloud storage, navigation, music, etc.), software developers (hereinafter – Software) … Many of them have Ukrainian registration, they are in Ukraine and employ ordinary citizens of Ukraine.

Puzzling hit by sanctions of the Russian company “1C” and its Ukrainian representative office of LLC “1C Multimedia Ukraine”. Accounting computer system 1C uses 80% of Ukrainian enterprises of small and medium-sized businesses, the majority of public organizations.

It appears that in this case it is necessary to have very good reasons for decisions on sanctions, the data base must be sure to explain to the population. In general, a review of Ukrainian software development companies have come under the sanctions shows that they all have one similar trait – are subsidiaries or representative of the Russian companies. Is this the only and therefore sufficient from the point of view of the authorities, the legal basis?

Let’s consider the well-known company OOO “Parus-Ukraine”, working on the Ukrainian market since Soviet times. Referring to its website: parus.ua. The main activity of the group of companies “Sail” – the development, promotion and implementation of software for enterprise management. Today, the company – one of the largest software companies in Ukraine, developing business management. In addition to the development of the Center, for the period of its operation, the central office has developed a strong regional network of over 28 regional offices (see. №№ 443-468 in the legal list. Of persons) and more than two dozen dealers. The number of employees is more than 550 professionals, of which more than 250 are working in Kiev.

“Sail” Number of product installations exceeds 200,000, the software operates in more than 20,000 organizations. Users of software products “Sail” is the enterprise telecommunications, large industrial companies, oil and gas companies and thermal power complex, trading companies, insurance, credit and financial companies, design and construction organizations, enterprises transport and logistics, printing companies, publishing and media, restaurant complexes, cafes, bars, pubs, pizzerias, hotels, boarding houses, recreation, night sports and fitness clubs, entertainment centers, water parks, sire structure governmental administration, ministries, departments, committees, universities, medical and health institutions.

At the same site, “Sail” claims that his clients include 80% of the main managers of budgetary funds, including, in particular, the Ministry of Defense, Ministry of Internal Affairs, State Border Service, the regional management of the State Migration Service and emergency services, “Ukrtelecom” “Ukrnafta” SDO “Yuzhnoye”, National school of judges, and many other government agencies.

So it does not surprise me an urgent message on the official website, which appeared May 16 immediately after the release of the Decree, which reads as follows: “Sail” – a group of Ukrainian companies! Information about this can be found on the website under parus.ua “Copyright and Permissions”. Hit in the sanctions list in respect of the group of companies “Sail” is not valid, we will be challenged and is perceived by us as pressure.

And I was not surprised by the appearance of proposals to use all soon any new software products of Ukrainian origin, instead of products 1C, “Sail” and other subsidiaries of Russian software developers. I would like to still hear the explanation why many software developers to apply such a truly draconian restrictive measures.

But imposing sanctions on companies such as “Doctor Web”, “Kaspersky Lab” and their Ukrainian representative offices as no surprise. I had a lot to hear from system administrators familiar that these anti-virus programs as mail.ru complex can not be used, because they are engaged in espionage, embedded in the operating system of aggressive, damage the installation browser, install bugs and illegally collect information without permission and warn users.

In particular, personal information, financial records, data on the location, movement, and the like. The illegal collection of personal data and use them to the detriment of Ukraine also blame social networks “in contact” (VC) and “Classmates” (OK). In particular, the military claimed that the publication of photos of its soldiers in social networks sometimes leads to their death.

If the appeal to the social networks of people involved in the public sector, has brought serious harm to the national security and other public interests listed in Article 1 of the Law “On sanctions”, the restriction of access of civil servants and all other people working in state institutions, seem justified. But whether the state can restrict access to social networks of millions of people, to do with the public institutions do not have? I think it is – a massive violation of the right to privacy and freedom of expression.

The impression is that the imposition of sanctions is motivated primarily by some purely private, commercial and economic interests, and seeks to harm the financial interests of specific companies. In this vein, the sanctions would contribute to both the development of Ukrainian business. For example, as you know, “Yandex” and other Russian companies have brought down Ukrainian advertising market on the Internet and drove with him Ukrainian competitors. Sanctions will remove from the market “Yandex” and others. But it does benefit from that Ukrainian consumers? All this looks very doubtful and uncertain …

And I was wondering if anyone thought about the people who use “Yandex-purse”? For example, they can take in case of need their money? Or initial calculation was that the ban on access to web resources and easy to get around because all who need to quickly learn how to do it? This is indicated by many defenders of Presidential Decree – he, they say, is not directed against users, but against the companies, and that in our democratic state, no one will interfere with the VC and UC fans enjoy this personification of “Russian world”.

But older people remember well how quickly passed us by “enemies uneshnih” to “enemies unutrennim”. Here and now there are voices, including some active deputies, that you need to watch out for those who violate the decree and to hold them accountable. Our state has long dreamed of control over the internet, there have been several attempts to establish it. As long as they did not work. But to deal with the introduction of Internet control under the pretext of protecting information security during the war with the Russian aggressor will be more difficult. In any case, I really do not want to Ukraine in the national security services is easily confused with a rusty ax a surgical scalpel.

Sourse, 22/05/2017

Why “Savchenko law” did not need

May 22, 2017

“Savchenko Law” in Ukraine was canceled because it was no longer necessary. Prisoners who could list the period they were released or left to sit much less.

This edition Gazeta.ua said May 21 Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group.

“Law Savchenko” long wanted to cancel. And it happened. He played a role. It was difficult to differentiate for whom he acted. Therefore, it is easier to cancel than to change it for something. Everyone who could be counted period, then they have listed. Someone ended term of imprisonment or decreased significantly. For its abolition outweighed the negative attitude in the society to the fact that the release of prisoners, and the appearance of rejection Hope Savchenko. “

The law does not provide clear guidance on how to act with people who put life:.. “Do not take into account only the situation with the prisoners, which condemned the life one listed, while others refused because they thought that they are the law does not apply was discussion on about it. In the framework of “law Savchenko” would replace a life sentence for a specific sentence. But with the abolition of the law of the matter was dropped. “

In general, “the law Savchenko” had more positive than negative: “The law reduces the time of those who were in remand prisons with appalling conditions also for those who are convicted of the Code, which was in force until November 2012. Then it was possible to send the case to the.. . for further investigation and the suspect remained in jail for 7-10 years in pretrial detention were men 3-4 times more than the intended place of some forced to sleep in the same bed or in turn, poorly fed These conditions -.. Therefore, for the torture. “Savchenko law” be considered the year in Jail in prison was just over 2 years.

Now there are prisoners who have been tried under the old Code, the nearly empty prison. The conditions in the prison became a little better, though, if only because there is no overcrowding. The new code can be kept in the remand prison of the people can be punished at least 5 years imprisonment.

Negativity of the law there were some prisoners who were sitting at a fairly violent crimes and came much earlier on will than need. Some of them commit crimes again, but it’s not the fault of the law. “

Recall May 18 the Verkhovna Rada has supported the abolition of the so-called “Savchenko law.” He acted with the December 24, 2015. Terrible condition of detention centers and the conditions in which people with respect to which there is a consequence and court, have become the main motive for the adoption of this law. During the operation of the law 10.2 thousand. Inmates released early. Of these, 1.5 thousand. Went back under arrest and trial. We predicted that under this law, to freedom had to get another 34 thousand. Prisoners.

Sourse, 21/05/2017

I do not see any improvement in the human rights situation in Ukraine

May 15, 2017

– Last year in Ukraine, there were signs of improvement in the economy. Increased currency reserves, improve social standards. But I do not see any improvement in the human rights situation, – said the head of the Kharkiv Human Rights Group, a board member of the Ukrainian Helsinki Human Rights Union Evgeniy Zaharov .

– For example, police reform stalled. And for good reason. Only in October last year raised the salaries bulk of police – investigators, operatives, the local inspector. And before they received much less patrol. Disappeared motivation to work. Shortage in the areas reached 30 percent. It does not have someone to work with.

– What should I do first?

– Who have the opportunity to continue to change. First of all, in the criminal section. Most necessary for today – the reform of the Criminal Investigation and the investigation.

– What are the effects of human rights guard the most?

– The lack of mercy on the part of the state to its citizens. Everything comes from poor governance.

Recently I spoke to the chief doctor of the psychiatric hospital of Kharkiv. He said that from the budget to the patient per day on food are seven hryvnia for treatment – six. On drugs means no. The institution of the situation so decide. Privileged categories, war veterans or consumptive assigned 56 hryvnia powered. Their pros and divide at all. Also, spending on food by all means from the paid services that an institution provides to citizens. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

Clearly, the war takes more resources. But you can not treat people like this.

– whether the police are changing?

– It is not that they do not do anything. But they are ineffective. Prosecutors complain that police salary is more than theirs. But the re-certification of police virtually failed. Because it was carried out on the basis of ill-prepared legal act. As a result, one could appeal against the dismissal in court.

– Torture, hanging Affairs on the innocent, knocking indications left?

– It was less. The new Criminal Procedure Code contains many fuses from bad behavior, torture and the like. For example, to detain a person, you need the sanction of the investigating judge. Also, there is a norm of getting free legal aid to those who can not afford a lawyer.

If the victims of violence were about a million in the police in 2011, the year before – 409 million. The number of those who have experienced torture, reduced from 113 thousand to 62 thousand. But it’s still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– Applications become greater. Because the added complaints related to the military conflict in Donbas. For example, former prisoners of war and civilians complain of unlawful deprivation of liberty, torture. Only our organization in the past year, has written more than 200 such applications. More than 300 – colleagues from the Ukrainian Helsinki Union.

Many cases involve loss of property as a result of hostilities. This is an obvious violation of property rights. The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. People can not get a refund from him, turning to the European Court. You can file lawsuits against Russia as an aggressor against Ukraine – for inaction. When there is evidence that it is your property, an application to the European Court prospectively. Some applicants were denied because they only sent photos of destroyed houses. And the documents that would confirm the right of ownership, could not provide because they have destroyed, along with housing.

Sourse, 14/05/2017

On the situation with human rights in Ukraine in 2016

March 8, 2017

Board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group Evgeniy Zaharov believes that the situation with human rights in Ukraine has not improved in 2016.

This he said in an interview Gazeta.ua .

– Last year, the country was undergoing improvements, – says human rights activist. – the beginning of macroeconomic stabilization, increased currency reserves, rising social standards. That is, there are signs of an improving economy. But no progress on improving the human rights situation, I do not see. For example, police reform stalled. And with good reason. Just last year, in October raised the salaries of investigators, detectives, district inspectors. And before they received significantly less than patrol. And this situation was abnormal. Because motivation is gone to work. Shortage in branches reached 30 percent. There was no one to work.

– What is the first thing to do?

– Who have the opportunity to continue the necessary changes. First of all, in the criminal section. After all, the reform of the Criminal Investigation and the investigation to date is the most necessary. Last year in this sense has been lost – due to lack of funds. Because starting any changes when there is insufficient funding law enforcement, against the loss of motivation of employees, is futile.

– What are the effects of human rights guard the most?

– Everything goes from inefficient style of governance. Offer to introduce the patrols, which will check whether all the work in the state. The urge to check the place of residence of immigrants, or to find out who receives a pension in Ukraine and ORDLO. This attitude of the state to the people wrong.

Recently I spoke to the chief doctor of a mental hospital in Kharkov. He said that the budget mentally ill on the day of release at 7 hryvnia food, medical treatment – 6 hryvnia. Therefore, the necessary funds are no drugs. As he comes out of the situation? Privileged categories, for example, consumptive or war veterans, 56 hryvnia relies on food. He divides all the advantages and all. In addition, it leads all money for food from paid services provided by the institution for citizens. Has established strict control over the catering department. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

It is clear that we have a war going on, it takes more resources. But you can not treat people like this. I think the main problem of human rights in Ukraine, the lack of humanity and compassion on the part of the state to its citizens.

– whether the police are changing, prosecutors, other law enforcement agencies?

– To say that they really do not do anything, you can not. But they perform their functions effectively, taking into account the realities. Prosecutors now want to get a big salary. They complain that the police are getting more than they do. But the re-certification of police virtually failed. Because it was carried out on the basis of a legal act that is poorly prepared. As a result, anyone who did not pass re-certification could appeal against his dismissal in court. Thus almost all the security officers returned to their posts. It is simply a profanation, not reform. Re-certification does not become a means of purification of the police.

– That is, such things as torture, hanging Affairs on innocent knock readings were?

– It was less. In particular, because the new Code of Criminal Procedure contains a lot of fuses with respect to mistreatment, torture, and the like. For example, to detain a person, authorized by a judge need an investigator. In addition, there is a norm of getting free legal aid those who can not afford to hire a lawyer. It is also a preventive tool. Finally, the court will not accept evidence obtained during the investigation. If it was about a million, then in 2015 in 2011 the victims of violence by the police – 409 thousand. Number of victims of torture has decreased from 113 000 to 62. But this is still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– statement was more because added complaints related to the military conflict in Donbas. It is, for example, prisoners of war – both military and civilian. They complain about the unlawful imprisonment, detention, torture, and the like. Only our organization in the past year, has written more than 200 such applications. More 300 – from our colleagues from the Ukrainian Helsinki Union. In addition, many of the rights violations associated with the loss of property as a result of hostilities. This is an obvious violation of property rights. Because people can not obtain compensation from the state, then turn to the European Court. The practice of national courts in this contradictory. Some courts satisfy the claim, when shelling destroyed houses and other refuse. When there is evidence that it is your property, the application to the European Court prospectively.

The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. You can file claims against the Russian, as it is the aggressor and against Ukraine – for inaction.

The Court considered the first such case. Some applicants were denied because they did not provide evidence that the property belongs to them. Sent photos of destroyed houses and the thought that this is enough. A document failed to provide, as they destroyed along with houses.

– What are the consequences of the application of the law Savchenko?

– I do not think that the worsening crime situation is directly related to him. This is confirmed by criminological research.

Sourse, 7/05/2017

Information about the doctrine of Petra Poroshenko

February 28, 2017

Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union (UHHRU), director of the Kharkiv Human Rights Group, said the anti-democratic decision of the Decree of the President of Ukraine Petro Poroshenko, regulatory monitoring of the media and the public resources of the Internet to identify information that is banned in Ukraine.

This was a human rights activist told the Ukrainian News agency.

“It is anti-democratic decision. I have over 20 years of struggle with such tendencies and still I managed such a thing to stop. Now it will be very difficult, because behind this, in my opinion, totally mistaken idea that it is necessary to fight the enemy. For fight the enemy must be quite different, “- he said.

Such a decision will only search for the enemy within the country and fight against it.

According to him, media monitoring and public Internet resources affect the freedom of the media.

“Will, of course, in a different way does not happen It (impact) will be expanded.” – he said.

Zakharov added that such a practice exists in Russia, China, Belarus, and not in the free countries.

“It’s just nonsense,” – he added.

The human rights activist believes that such an order is a mistake of Poroshenko and those who support it, because they do not understand the nature of information relations.

Recall President Petro Poroshenko instructed the Ministry of information policy to seek information in the media prohibited.

Earlier Poroshenko instructed the Cabinet to develop a bill that will be possible to lock the sites by the court .

Sourse, 27/02/2017

In February it will be known the new head of the Ukrainian National Police

December 26, 2016

Ukrainian Interior Minister Arsen Avakov announced a competition for the position of head National Police that occupy Khatia Dekanoidze until November. Who joined the Board on the selection of candidates? How will decisions be made?

The competition jury composed of experts from Canada, the US, Denmark and Ukraine.

On the phone with “Gromadska radio” MVD Director of Communications Department Artyom Shevchenko and a member of the competition committee, the founder of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov .

Irina Sampan: How will the competitive commission? It will be ensured transparency of the competition?

Evgeniy Zaharov: Now the candidates submit their application – CV and motivation letter. All received materials are translated into English and simultaneously transmitted to all members of the commission – Ukrainian and foreign. We will study and prepare materials for the meetings – the first will be held on January 18.

the primary analysis will be carried out, whether to send the summary of the qualifications for the post head Natspolitsii contained in the law – a full law degree, not less than 7 years of experience in the legal field and 5 years of managerial experience.

Prior to the first meeting of all candidates pass the test on the General Skills (general skills – Ed.) – the ability to think logically. The same test, which all police officers at recertification.

And the results of these three sources – resume, cover letter, and test – Commission will examine each candidate and ballot to decide whether he will be admitted to the interview. For each will vote personally. All this will be recorded on video, and who wants to be able to see. We just have not decided whether to make a shot in real time or recording and display afterwards.

Irina Sampan: Interviews with candidates will be carried out the commission?

Evgeniy Zaharov: Yes. All candidates will be asked the same questions, so that they are on an equal footing. It will surely be recorded on video and then you will see. After the interview, the commission will select the best three candidates and will give the Interior Ministry, whom she recommended to assign. The minister will have to choose from these three candidates.

Tatiana Troschinsky: The final word of the Minister of the Ministry of Interior ?

Evgeniy Zaharov: Yes, it is legally wrong. The minister is one candidate to the government, the government of his claims.

Irina Sampan: Can be applied to this competition a former policeman, who did not pass the re-certification?

Evgeniy Zaharov: No they do not interfere. But if they had a bad result on the test, why they do it. We introduced the test as a formal evaluation of the candidate’s ability to think. The Commission considered that it is a necessary condition. If a person can not think logically, he can not apply for this position.

Tatiana Troschinsky: In addition to these formal things that the law says that you define important? That may affect your choice to vote or not to vote for the candidate?

Evgeniy Zaharov: There are requirements to the candidate, expressed in the law – a good reputation, high moral qualities. Speaking for myself personally, their preferences – for me it will be very important if the candidate has not been seen in the human rights violations in the past. How he showed earlier in his work.

The interviews will be sufficiently deep and detailed, so that all of this will reveal. His qualities as a manager, communication with people and staff, ability to work in conditions of risk, uncertain environment with incomplete information, the propensity for innovation, creativity.

I also want to emphasize that the norm in the law of at least 7 years of work in the field of law is only at first assumed policing. And it was I who introduced the amendment to the bill that you need to expand the pool of candidates. What should be lawyers, not the police – it may be prosecutors, tax. As Artem Sitnik, who was a very decent and a good candidate for the post of head of the National Anti-Corruption Bureau. bidders circle should not be limited to the police around.

Irina Sampan: When the Commission will submit to the Minister Interior Ministry candidates recommended for the post of Natspolitsii?

Evgeniy Zaharov: The timing is now difficult to say, because it is not clear how many will be applications. If, for example, 200, the operation may take a week. Everyone needs to read, to think, to study, you have to vote for each candidate. Maybe I’m wrong, is a bit of candidates, and we are the first three days have time to do all this. But I think that it is doubtful, and we move on to the next week (after the first meeting on 18 January – Ed.).

Irina Sampan: How many applications have been filed?

Evgeniy Zaharov: Five days ago there were six. This is the ones translated into English and sent to all candidates. It’s Christmas, the intensity of a halt. I think that most of the applications will be after the New Year.

Sourse, 25/12/2016

Why was considered normal “squeeze” the property from the separatist?

November 29, 2016

Fighting in eastern Ukraine led to a significant deterioration of the situation with human rights, including, new extraordinary precedent that did not previously exist in Ukraine. This was stated by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union and the head of Evgeniy Zaharov the Kharkiv Human Rights Group, in an interview , “Gromadska” .

Zakharov said that the first cases of human rights violations related to the situation in the Donbas is to start from the militants, who were persecuted, detained, tortured and killed patriotic citizens. Subsequently, this led to the fact that the Ukrainian military began to use similar methods.

“In response to some of our volunteer teams to see this attitude, we began to operate symmetrically. Torture of prisoners took place, and some were tortured to death. Also killed prisoners. It came into use words such as “pressing”. Why was considered normal “squeeze” the property from separatist, if the separatists. Car, home pick up. This is not a crime if it is an enemy, “- said Zakharov.

The human rights activist noted that a significant part of society “meaningful or not it supports violence against the separatists.”

In addition to Ukrainian volunteer battalions, disturbances in the form of torture is also used employees of the Security Service, as evidenced by the reports Ukrainian Commissioner for Human Rights and the report of the Human Rights Defenders Amnesty international and Human rights watch.

According to Zakharov said that the Ombudsman’s report says that the greatest number of complaints (39%) related to the use of torture was applied in respect of the SBU.

“The Security Service torture detainees, it is not known where they are kept. In fact, according to the law of the SBU, and in the law on pre-trial detention was not a word about the fact that SBU can have investigative detention centers. If they are, then they are illegal, “- he stressed.

Zakharov also mentioned that persons detained in connection with allegations of investigative jurisdiction of the SBU, is charged with terrorism, separatism gosizmenui.

Sourse, 28/11/2016

The biggest violation of human rights among law enforcement agencies come from the SBU

July 21, 2016

What reforms have taken place in the judicial system of Ukraine during the reign of the new government and President Poroshenko and what prospects are opening up in the power department in the near future in an exclusive interview to the online edition of the Ukrainian News – From-UA has told the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, Director of the Kharkiv Human Rights group Evgeniy Zaharov.

Ukraine News – From-UA: Eugene E., good afternoon! What changes do you see in the law enforcement system since the arrival of the new government? The police, the prison service, the prosecutor’s office, the courts, the Ukrainian Security Service?

Evgeniy Zaharov: You see, in fact, comprehensive reform of the entire system of criminal justice, unfortunately, is not happening.

There are some changes in the police, which no longer exists, since the 7 th November 2015 it was replaced by the police.

A new patrol police in the 35 cities of Ukraine, except in rural areas set up, tested, tested and is now being implemented – a new model of public order, based on the rapid response groups. It was first in Sambor, then another nine district department, and then the model has been implemented in three areas since February 2016 years: in Kyiv, Kharkiv and Lviv, most recently in the Khmelnytsky and is now preparing to Volyn. That is, there is reform.

Nevertheless, we must clearly understand that this is only part of the police, which deals with the protection of public order and that has not affected the criminal unit, departmental system of medicine and education. And still a lot to do in order to continue to pursue this reform sequentially.

A major obstacle to this – is a lack of funding. The budget of the police and the Interior Ministry as a whole is very much curtailed, and a situation where a young patrol, who studied for three months, six months or a year of work, and get a much higher salary than the investigators or investigators with experience of 10-15 years – it’s not normal, so do not be must. But the funds to fix it, to raise the salary of those who have passed the certification, simply do not have today. And this is one of the main obstacles of the reform.

If we compare the way that we run the 100m, the 15 meters we already ran. But we need to run further and do not stop, because any stop will be fraught with the fact that all these improvements will be leveled. And the existing police system, which, alas, yet will not go away (because in many ways it continues to persist and everything appeared new can adapt to fit your habits and rules), will remain the same. This danger is, and it must be clearly understood. Because it can not police with a salary of 3-4 thousand hryvnia per month, especially in the big cities, to feed his family, and this will inevitably push him to some other acts of unlawful ways of earning.

If we talk about the prosecutor’s office, the courts, the prison system, the SBU, in my opinion, were only trying to initiate reforms in these bodies, but they failed. More specifically, I am referring to the prosecutor’s office and the courts, because what was done was done poorly. But it has its own reasons, and they can be viewed separately.

Beginning of the reform of the penitentiary system changes the structure of the State Penal Service and not for the actual penal institutions. That is life in the colonies so far has not changed the fact that these reforms have begun. And in fact, here you need to change a lot in practice and in law. But these changes are very difficult, they are harder to do than the police or the prosecutor’s office.

The order, which was formed there, break is not so easy, and if it is broken, then the situation in the colonies will be even worse, because they are financed disgusting. For them, the budget recorded two times less than you need, and they eventually receive half of that half. And actually financed at 25%, only to escape the fact that in each colony are looking for some way to make extra money. And where the administration of the colony successful, there is a better, where unsuccessful – there is worse.

A lot depends on whether the colony is “on the ground”, for example, as it can grow their own fruit and vegetables, in addition to budgetary allocations. And if they still grow and sell, so it’s even better.

And if it’s industrial zone, and there is something made, as is known, such a forced labor – not very productive, and businesses which employ convicted, it is difficult to compete. There’s basically an old worn-out equipment, old dirty technology … But this is a business that is closed from public scrutiny, and there occurs a serious enrichment of those who supervise them, despite the fact that the prisoners themselves receive a penny. And cut this Gordian knot is not possible, because simply these colonies is nothing to exist, even though a significant portion of the money takes the administration of enterprises, which are created when the colonies. Still, at least something, but remains a prisoner. If it will not, the situation will worsen significantly in the colonies. So just this problem can not be solved,

As for the prosecutor’s office – as long as I do not see major changes. It only point changes on staffing levels, or in some individual cases. But they are after the new Attorney-General, and should welcome the fact that he was engaged in such things – the most severe human rights violations in an attempt to eradicate them. Such as, for example, long-term maintenance portion accused detained in prison without penalty. You can also welcome his desire to make personnel changes. But in fact this is just all half-measures, and serious reform of the prosecutor’s office has, in fact, did not start. There is a problem with the presence of the frame, as is the case with the police and the prison system.

Ukraine News – From-UA: Over the past few years, we have changed three times Attorneys General. What is the reason, in your opinion?

Evgeniy Zaharov: This is due to the fact that they could not cope with the tasks that they are being given society and what is waiting for them. They have not been able, nor Oleh Makhnitskyi nor Yarema nor Shokin, to investigate crimes on the Maidan in full. And indeed they were unable to carry out any reform or change the entire system of prosecutors.

One of the reasons lies in the fact that all prosecutors are accountable to the President, and they worked in manual mode. I do not know if it’s true, but argue that the Attorney General Shokin literally daily reports to the President about the work that he did. That is, he received direct orders, what to do in any given situation, and be accountable for it.

It is this dependence Attorney General from the main official in the state – it’s completely normal. This is our problem: our political forces want to control the courts, prosecutors, law enforcement agencies and use them as an instrument for solving their political problems. It should not be. And it was when all power, a greater or lesser extent, and now it continues. And in this conflict and tied inside the prosecutor’s office, for example, Deputy Attorney General Kasko, Sakvarelidze and with so many such things.

That will be obtained from Lutsenko how he will behave in this situation, it is difficult to predict. But it is also clear that there have been delivered as a person close to the president, the former head of PPO fractions, and again you can expect from it will require certain actions in certain cases.

In general, public prosecutors should be independent, as well as the judges. And if that were the case, and they are not crushed, it would be much better. But prosecutors, like judges, there is a danger canned in its own system without any control and it was not changed, and their acceptance of the illegal and unjust decisions on someone’s orders then it will be difficult to correct. And there, and there is very difficult to pass between these two extremes.

Yuri V. started with some positive steps, private, essential, but how much he will be able to reform the system as a whole, we’ll see.

Everywhere very big problem with the staff. But by the way, if we talk about the staff, the best thing to do with this situation in the judicial system. There’s a lot more experienced and trained judges than the illiterate. But the trouble is that from the undue pressure that they get bored, they massively retire. And in a lot of police, who left because they did not want to undergo the procedure, which they were offered.

Although there is another point of view, they are weak people, once they had done so, and God is with them – and I fully understand it. Because it is a strong point of view: put on the form – to serve and to carry out all that is needed. And this is in fact the action of the Bible principle: “Do what you must, come what may.” And if you ran away, then you are a coward – that masculine approach. But such strong people very little, and those who is such, they are very uncomfortable, because they always do what they think is right, and not as orders superiors, and therefore always be under attack.

Ukraine News – From-UA: In one of the political talk show Verkhovna Rada Chairman Andrew Paruby called judicial reform – a major “victory” of the season in the parliament. Do you agree with this?

Evgeniy Zaharov: Unfortunately, he is mistaken. I appreciate the personal qualities of courage, integrity and honesty Parubiya, but I fear that he did not really understand the judicial system. And to say that judicial reform – a major victory in parliament, it is a mistake, in my opinion. Because in fact what happens is that the judicial system is now collapsing under the influence of such reforms.

Here is a very difficult task. On the one hand, the need to ensure the independence of the court, since it will not be open-minded and objective without it. If he is dependent, then it will be easy to pressure. But unfortunately, in this regard the so-called reform is quite Direction: they put the judges even more dependent than before. This is motivated by the fact that the judicial system – corruption, inadequate, does not meet the requirements of the time, and judges are flying all the accusations.

But I think that the judicial system is not more corrupt than any other in our country, and the fact that so judges are generally wrong. After all, judges are different: there is corruption, but there are those who will never take bribes, they just do not allow such cases, where they were waiting for the “right” decision.

So, unfortunately, judicial reform hinders the desire to take executive control of the judges. And whoever is in power, is manifested. With all the presidents since it was, and continues under President Poroshenko same. This is a big mistake, because it is impossible to treat with the judges, requiring them to take the “right” decision. This applies, above all, capital ships, the higher courts. The rest of the ships the same thing happens at the local level. And it turns out that judges are dependent, they are not free in their decisions. What judicial reform can be with such a situation? Yes, no, quite simply.

And then there was noticeably worsened access to justice by banning conventional lawyers, not lawyers, to take part in civil and administrative cases!

Ukraine News – From-UA: Yevgeny Yefimovich, what reforms are experiencing today, the Security Service of Ukraine?

Evgeniy Zaharov: With regard to the Security Service of Ukraine, the situation there is very bad, she did not reform. And today I can say that the greatest violations of human rights among law enforcement agencies come from the Security Service, which is very violates the right to liberty and security of person, the right to protection from torture and so many other rights. The balance between human rights and national security protection solutions quite clearly in favor of national security. And there are so many criminal enterprises, opened the SBU, which, to put it mildly, questionable.

What is happening there is, unfortunately, very often the real outrage. What could make more than once, considering the specific case of criminal prosecutions in the National Security Service. I do believe that this centaur – both intelligence and law enforcement authority – an anachronism, it is not normal, and this is not in any civilized country of the world.

We do not compare ourselves with Russia, we are talking about European countries. Intelligence agency must deal only with data extraction for senior government officials, her job – intelligence and counterintelligence. But the investigation of crimes – this is not her business. And if these functions have dramatically SBU take, it may be, would be transformed into a normal special service.

And today it’s just a body, which is taking advantage of its unique position, that is the main body for the protection of national security, which protects us against terrorism, which actually runs the ATO (and that’s how it is served) is really a body, for which there are very serious tyranny and human rights violations. security service need to take place to put it, and not the one that she now occupies.

Ukraine News – From-UA: What are the prospects in the law enforcement system you see in the near future?

Evgeniy Zaharov: I believe that the reforms could be done, it is a very real thing. But this requires a number of conditions.

The first – the mandatory funding. Here’s what the police reform can be done without additional funding, almost everything has already been done. But in order to move forward, we need the money, which is not. It is necessary to firmly grasp the rule: reforms cost money, and if you do not give money, the reforms will not. And those systems that need to be reformed, without the money will remain in its old state, and then rot.

And the second – political will is needed to implement these reforms. You need to have people who have a clear understanding and have a clear vision of what and how they want to do. To these were new teams that would have sufficient authority and political will to transform the system.

Police experience shows that this is possible in principle. But on the way people who do such things, a lot of difficulties, obstacles, problems. And of course, the reform of the law enforcement system of Ukraine – it is cleaning the Augean stables. And, nevertheless, the reforms could be done despite the fact that it was supported by the state and society, despite the fact that there is sufficient funding – it would all really.

But the obstacles are many: and the wrong political guidance on many issues, and the lack of funds, and perhaps most importantly – the lack of personnel.

Interviewed by Julia Protsyshena

Sourse, 20/07/2016

Instead, the right of profit operates in Ukraine

April 29, 2016

Rights principle does not work in Ukraine. State directs political benefit. A force opponents pressed.

This was stated by Evgeniy Zaharov, member of the Board of the Ukrainian Helsinki Human Rights Union, at a press conference the initiative group of “breast-Perche”.

“One of the main problems in the state and society – it is demagoguery and populism confidence that complex problems can be solved by simple methods In particular, the use of force Many individuals in their actions are guided solely by motives of political expediency and a desire to press their opponents tire out….. . them as far as possible they are not guided by the principles of law I want to emphasize that it is impossible to do so This is the road to a dead end is the way to defeat, “-… Zakharov said.

Recall, the participants of the initiative group “of breast-Perche” unveiled appeal “keep the state from self-destruction”, which called on the Ukrainian people to unite in the struggle for the state and the country’s leadership – to develop a new political system.

Sourse, 28.04.2016

The confrontation of political forces is a serious threat to human rights in Ukraine

January 5, 2016

2016, as the previous two years, will determine the continuing conflict in the east of Ukraine.This was reported by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, the situation with the provision of socio-economic rights of Ukrainians certainly improve if there will be positive developments in the economic sphere.

“A serious threat to Ukraine for Human Rights is a confrontation between the political forces, which leads to a loss of cohesion and possible political crises, worsening the situation as a whole. Unity us today is necessary, and I hope that the public will be able to overcome the calls for radical action, which we constantly hear today, “- said the expert.

As for the reform of the judicial system and law enforcement bodies, the human rights activist does not express much optimism: “There is, unfortunately, not been necessary conditions for this.”

At the same time, Evgeniy Zaharov expressed “very cautious optimism” about the fight against corruption in Ukraine.

“Those institutions that have started to work, in particular, the National Anti-Corruption Bureau and the Anti-Corruption Prosecutor’s Office, no longer able together to investigate corruption crimes. I hope that they will be successful in these matters, and it will not interfere with the obstacles generated by the unification of government and business. If these things can be diluted, then change for the better is possible, “- adds a human rights activist.

In general, according to Evgeniya Zaharova, 2016, as well as 2014-2015., Will determine the continuing conflict in the east of Ukraine.

“In those or other he will continue, God forbid, that these forms were more or less peaceful. From this it follows that Ukraine will be forced to live in such conditions, “- said the expert.

Evgeniy Zaharov also does not exclude the fact that “Naftogaz Ukraine” in 2016 received the first profit.

“We can expect that public procurement following the entry into force of the law, will not be as corrupt as before. And we can expect that will go on police reform, which in 2015 developed well and has the potential to become more successful “, – predicts a human rights activist.

Thus, it said Zakharov, if Ukraine will be able to avoid a large-scale military conflict, those areas in which the foundation was laid for the development, will be able to show positive results.

“I hope that the scale of the conflict will not be that he will be in the same form as now. Although this is, unfortunately, unlikely to save us from new victims “, – he summed up the expert.

Sourse, 04/01/2016

Sentsov and Kol’chenko may return to Ukraine

August 26, 2015

Sentenced to long terms of Ukrainian filmmaker Oleg Sentsov and activist Alexander Kol’chenko could theoretically be exchanged for captured officers of the Russian GRU. This was reported by a member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, lawyers and Sentsova Kol’chenko can seek the transfer of convicts to serve life in Ukraine.

“There is the Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of 22 January 1993. It provides for the transfer of prisoners to serve their sentences in the country of which they are. This good will of the two countries and this could be done on the basis of existing international treaties. But I have serious doubts that this is what happens. Because the Russian leadership this goodwill is simply no “, – Zakharov said.

The expert does not consider Sentsova and Kol’chenko first political prisoners of Ukrainian citizens on the territory of the Russian Federation. According to him, this is not the first case of conviction of political prisoners in Russia, because the country are persecuted and convicted a number of Russian activists and ordinary citizens of Ukraine, who were persecuted for their political beliefs and statements.

Processes themselves human rights activist believes that it is political.

“The process Sentsov-Kol’chenko, as well as in respect of Hope Savchenko, Russia wants to demonstrate that it is, as before, does not consider Ukraine’s independence, has no respect for its sovereignty and believes that it can bring them to trial Ukrainian citizens on trumped-up charges and accuse them in such crimes. This is all in line with the policy that recently the Kremlin is on Ukraine “, – Evgeniy Zaharov believes.

According to human rights activist Oleg Sentsov Alexander Kol’chenko Nadezhda Savchenko and may be released only in the event of a change of political regime in Russia, when they reviewed the criminal cases pending against them. At the same time, he did not rule out the possibility of a prisoner exchange.

“Between Russia and Ukraine, there may be political agreement on the exchange of prisoners, similar to how the Soviet Union exchanged spies in the Soviet political prisoners. Thus, in particular, have been released and went to the West , Vladimir Bukovsky , Mykola Rudenko and other dissidents and human rights activists.

“It’s hard to say, to whom can exchange convicted Sentsova Kol’chenko and, as a matter of trading. The fact that the process of international exchange of prisoners and the people completely secretive and the public does not take part in it. In Ukraine, it is engaged in the Security Service, or rather it is more of a performer, and the main issues are addressed at the highest level of political leadership. But such exchanges happen all the time. Theoretically, Sentsova, Kol’chenko or Hope Savchenko can exchange for the detainees in the ATO zone GRU officers of the Russian Federation. However, I’m not sure this is 100%, “- concluded Evgeniy Zaharov.

Recall, August 25, the North Caucasus District Military Court in Rostov-on-Don convicted in relation to Ukrainian director Oleg Sentsova on charges of planning terrorist attacks in the Crimea. The second defendant – activist Alexander Kol’chenko – found guilty of involvement in the terrorist community, complicity in a terrorist act.

The Ukrainian Foreign Ministry has called illegal and inhumane sentence Russian court in the case of citizens of Ukraine Oleg Sentsova Kol’chenko and Alexander, who were sentenced to 20 and 10 years imprisonment respectively.

Sourse, 25/08/2015

Результаты поиска:

Mixed hatchet and a scalpel

May 23, 2017

So in a nutshell, nA my opinion, can be characterized by a decree of President of Ukraine “On the decision of the National Security and Defense Council of Ukraine of 28 April 2017” On the application of personal special economic and other restrictive measures (sanctions), “which introduced a one-year (or three years, five years, indefinitely -. to each his own), various restrictions on the 468 legal entities and 1228 individuals About this in his blog on the NRwrote the well-known human rights activist, member of the Board of the Ukrainian Helsinki human Rights Union, the head of Kharkiv Human Rights Group Evgeniy Zaharov.

The following is the opinion of human rights activist:

Let’s try to argue from a position of affirmation and protection of human rights, which, according to Article 3 of the Constitution of Ukraine, is … the primary responsibility of our state.

According to the second part of Article 22 of the Constitution: “With the adoption of new laws or amending existing laws are not allowed narrowing of the content and scope of existing rights and freedoms.” At the same time it is obvious that imposed by the Decree (ie, the act is not even legislative and executive authorities) sanctions restrict the key rights and freedoms guaranteed by the Constitution: the right of ownership (Article 41) and / or freedom of information (Article 34) and / or creative freedom (article 54), and in respect only of individuals – even and / or the right to respect for private and family life (article 32) and / or freedom of movement (article 33).

In order to determine whether the restriction on the right (freedom) justified and valid, it is necessary to turn to his assessment on the basis of principles of the European Convention on Human Rights in 1950 Namely, the restriction of rights must be based on law, pursue a clearly defined goal of Limitations of fundamental law of Ukraine a list of objectives and be proportionate (adequate) in relation to the alleged threat was detected.

In any case, the effects of restrictions on rights and freedoms must bring less damage to society and the individual than the full implementation of the subjective right in its former, that is full. In our case, as far as can be judged, run by a presidential decree limiting the rights and freedoms formally based on the Law of Ukraine “On sanctions” on August 14, 2014, are intended to protect national security (or other objectives listed in Article 1 of the Law “On sanctions” ).

As for the answer to the question whether the rights and freedoms within an acceptable scale violated, the answer can only distance a thorough analysis of the proportionality introduced restrictions stated objectives. Such an analysis, which is very important, must be carried out with respect to each of the listed individuals and entities. In this case, a number of rights may be restricted only after a court decision to impose such restrictions. In any case, the principle of the rule of law requires the State and its agents provide a convincing argument in favor of the need to limit the rights.

Strictly speaking, to restrict the constitutional rights can only be in that case, if no such restriction is really impossible to do. Such a requirement is contained in the well-known presumption: based on the law and the court sanctioned restriction of the right should be recognized as “necessary in a democratic society”.

Whether in this case complied with the required procedure? I suppose not, but was glad to be wrong.

List of individuals to sanctions, including not only the citizens of Russia, but also in other foreign countries. It also got some Ukrainian citizens. We are talking about people living in the occupied territories as the Crimea, Donetsk and Lugansk regions and the territories controlled by the Ukrainian government. And I do not understand how in regard to the latter can act without prior court decision is most often found in the list of restriction of their property rights.

We are talking about blocking assets as a temporary restriction of a person the right to use and dispose of property belonging to him. Such a restriction may be regarded as an infringement of the fundamental right to private property is permissible only in the case of introduction of a state of emergency.

For example, a citizen Zagnibeda KG (№210 in the list), registered and residing in Slavyansk, should, it seems, for a year to get away from his home? And where? The all-knowing Google said that Mr. Zagnibeda born in 1963 – is an entrepreneur, the owner of the LLC “ZAGNIBEDA LTD” with the main activity:. “The production of plates, sheets, tubes and profiles made of plastics.”

In 2015, he ran for city council Slavic, being number 12 in the list of “Ukrainian parties honor the fight against corruption and organized crime.” More than anything substantive, I have not found, so to see at least a hint of why in this case to impose sanctions, failed. It is clear only that, apparently, during the occupation, Mr. Slavyansk Zagnibeda aggressor is not promoted, otherwise would have been prosecuted.

The list of legal entities – offshore companies, banks, airlines, industry, particularly engineering, enterprise, television and radio, social networking, and other services (cloud storage, navigation, music, etc.), software developers (hereinafter – Software) … Many of them have Ukrainian registration, they are in Ukraine and employ ordinary citizens of Ukraine.

Puzzling hit by sanctions of the Russian company “1C” and its Ukrainian representative office of LLC “1C Multimedia Ukraine”. Accounting computer system 1C uses 80% of Ukrainian enterprises of small and medium-sized businesses, the majority of public organizations.

It appears that in this case it is necessary to have very good reasons for decisions on sanctions, the data base must be sure to explain to the population. In general, a review of Ukrainian software development companies have come under the sanctions shows that they all have one similar trait – are subsidiaries or representative of the Russian companies. Is this the only and therefore sufficient from the point of view of the authorities, the legal basis?

Let’s consider the well-known company OOO “Parus-Ukraine”, working on the Ukrainian market since Soviet times. Referring to its website: parus.ua. The main activity of the group of companies “Sail” – the development, promotion and implementation of software for enterprise management. Today, the company – one of the largest software companies in Ukraine, developing business management. In addition to the development of the Center, for the period of its operation, the central office has developed a strong regional network of over 28 regional offices (see. №№ 443-468 in the legal list. Of persons) and more than two dozen dealers. The number of employees is more than 550 professionals, of which more than 250 are working in Kiev.

“Sail” Number of product installations exceeds 200,000, the software operates in more than 20,000 organizations. Users of software products “Sail” is the enterprise telecommunications, large industrial companies, oil and gas companies and thermal power complex, trading companies, insurance, credit and financial companies, design and construction organizations, enterprises transport and logistics, printing companies, publishing and media, restaurant complexes, cafes, bars, pubs, pizzerias, hotels, boarding houses, recreation, night sports and fitness clubs, entertainment centers, water parks, sire structure governmental administration, ministries, departments, committees, universities, medical and health institutions.

At the same site, “Sail” claims that his clients include 80% of the main managers of budgetary funds, including, in particular, the Ministry of Defense, Ministry of Internal Affairs, State Border Service, the regional management of the State Migration Service and emergency services, “Ukrtelecom” “Ukrnafta” SDO “Yuzhnoye”, National school of judges, and many other government agencies.

So it does not surprise me an urgent message on the official website, which appeared May 16 immediately after the release of the Decree, which reads as follows: “Sail” – a group of Ukrainian companies! Information about this can be found on the website under parus.ua “Copyright and Permissions”. Hit in the sanctions list in respect of the group of companies “Sail” is not valid, we will be challenged and is perceived by us as pressure.

And I was not surprised by the appearance of proposals to use all soon any new software products of Ukrainian origin, instead of products 1C, “Sail” and other subsidiaries of Russian software developers. I would like to still hear the explanation why many software developers to apply such a truly draconian restrictive measures.

But imposing sanctions on companies such as “Doctor Web”, “Kaspersky Lab” and their Ukrainian representative offices as no surprise. I had a lot to hear from system administrators familiar that these anti-virus programs as mail.ru complex can not be used, because they are engaged in espionage, embedded in the operating system of aggressive, damage the installation browser, install bugs and illegally collect information without permission and warn users.

In particular, personal information, financial records, data on the location, movement, and the like. The illegal collection of personal data and use them to the detriment of Ukraine also blame social networks “in contact” (VC) and “Classmates” (OK). In particular, the military claimed that the publication of photos of its soldiers in social networks sometimes leads to their death.

If the appeal to the social networks of people involved in the public sector, has brought serious harm to the national security and other public interests listed in Article 1 of the Law “On sanctions”, the restriction of access of civil servants and all other people working in state institutions, seem justified. But whether the state can restrict access to social networks of millions of people, to do with the public institutions do not have? I think it is – a massive violation of the right to privacy and freedom of expression.

The impression is that the imposition of sanctions is motivated primarily by some purely private, commercial and economic interests, and seeks to harm the financial interests of specific companies. In this vein, the sanctions would contribute to both the development of Ukrainian business. For example, as you know, “Yandex” and other Russian companies have brought down Ukrainian advertising market on the Internet and drove with him Ukrainian competitors. Sanctions will remove from the market “Yandex” and others. But it does benefit from that Ukrainian consumers? All this looks very doubtful and uncertain …

And I was wondering if anyone thought about the people who use “Yandex-purse”? For example, they can take in case of need their money? Or initial calculation was that the ban on access to web resources and easy to get around because all who need to quickly learn how to do it? This is indicated by many defenders of Presidential Decree – he, they say, is not directed against users, but against the companies, and that in our democratic state, no one will interfere with the VC and UC fans enjoy this personification of “Russian world”.

But older people remember well how quickly passed us by “enemies uneshnih” to “enemies unutrennim”. Here and now there are voices, including some active deputies, that you need to watch out for those who violate the decree and to hold them accountable. Our state has long dreamed of control over the internet, there have been several attempts to establish it. As long as they did not work. But to deal with the introduction of Internet control under the pretext of protecting information security during the war with the Russian aggressor will be more difficult. In any case, I really do not want to Ukraine in the national security services is easily confused with a rusty ax a surgical scalpel.

Sourse, 22/05/2017

Why “Savchenko law” did not need

May 22, 2017

“Savchenko Law” in Ukraine was canceled because it was no longer necessary. Prisoners who could list the period they were released or left to sit much less.

This edition Gazeta.ua said May 21 Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group.

“Law Savchenko” long wanted to cancel. And it happened. He played a role. It was difficult to differentiate for whom he acted. Therefore, it is easier to cancel than to change it for something. Everyone who could be counted period, then they have listed. Someone ended term of imprisonment or decreased significantly. For its abolition outweighed the negative attitude in the society to the fact that the release of prisoners, and the appearance of rejection Hope Savchenko. “

The law does not provide clear guidance on how to act with people who put life:.. “Do not take into account only the situation with the prisoners, which condemned the life one listed, while others refused because they thought that they are the law does not apply was discussion on about it. In the framework of “law Savchenko” would replace a life sentence for a specific sentence. But with the abolition of the law of the matter was dropped. “

In general, “the law Savchenko” had more positive than negative: “The law reduces the time of those who were in remand prisons with appalling conditions also for those who are convicted of the Code, which was in force until November 2012. Then it was possible to send the case to the.. . for further investigation and the suspect remained in jail for 7-10 years in pretrial detention were men 3-4 times more than the intended place of some forced to sleep in the same bed or in turn, poorly fed These conditions -.. Therefore, for the torture. “Savchenko law” be considered the year in Jail in prison was just over 2 years.

Now there are prisoners who have been tried under the old Code, the nearly empty prison. The conditions in the prison became a little better, though, if only because there is no overcrowding. The new code can be kept in the remand prison of the people can be punished at least 5 years imprisonment.

Negativity of the law there were some prisoners who were sitting at a fairly violent crimes and came much earlier on will than need. Some of them commit crimes again, but it’s not the fault of the law. “

Recall May 18 the Verkhovna Rada has supported the abolition of the so-called “Savchenko law.” He acted with the December 24, 2015. Terrible condition of detention centers and the conditions in which people with respect to which there is a consequence and court, have become the main motive for the adoption of this law. During the operation of the law 10.2 thousand. Inmates released early. Of these, 1.5 thousand. Went back under arrest and trial. We predicted that under this law, to freedom had to get another 34 thousand. Prisoners.

Sourse, 21/05/2017

I do not see any improvement in the human rights situation in Ukraine

May 15, 2017

– Last year in Ukraine, there were signs of improvement in the economy. Increased currency reserves, improve social standards. But I do not see any improvement in the human rights situation, – said the head of the Kharkiv Human Rights Group, a board member of the Ukrainian Helsinki Human Rights Union Evgeniy Zaharov .

– For example, police reform stalled. And for good reason. Only in October last year raised the salaries bulk of police – investigators, operatives, the local inspector. And before they received much less patrol. Disappeared motivation to work. Shortage in the areas reached 30 percent. It does not have someone to work with.

– What should I do first?

– Who have the opportunity to continue to change. First of all, in the criminal section. Most necessary for today – the reform of the Criminal Investigation and the investigation.

– What are the effects of human rights guard the most?

– The lack of mercy on the part of the state to its citizens. Everything comes from poor governance.

Recently I spoke to the chief doctor of the psychiatric hospital of Kharkiv. He said that from the budget to the patient per day on food are seven hryvnia for treatment – six. On drugs means no. The institution of the situation so decide. Privileged categories, war veterans or consumptive assigned 56 hryvnia powered. Their pros and divide at all. Also, spending on food by all means from the paid services that an institution provides to citizens. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

Clearly, the war takes more resources. But you can not treat people like this.

– whether the police are changing?

– It is not that they do not do anything. But they are ineffective. Prosecutors complain that police salary is more than theirs. But the re-certification of police virtually failed. Because it was carried out on the basis of ill-prepared legal act. As a result, one could appeal against the dismissal in court.

– Torture, hanging Affairs on the innocent, knocking indications left?

– It was less. The new Criminal Procedure Code contains many fuses from bad behavior, torture and the like. For example, to detain a person, you need the sanction of the investigating judge. Also, there is a norm of getting free legal aid to those who can not afford a lawyer.

If the victims of violence were about a million in the police in 2011, the year before – 409 million. The number of those who have experienced torture, reduced from 113 thousand to 62 thousand. But it’s still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– Applications become greater. Because the added complaints related to the military conflict in Donbas. For example, former prisoners of war and civilians complain of unlawful deprivation of liberty, torture. Only our organization in the past year, has written more than 200 such applications. More than 300 – colleagues from the Ukrainian Helsinki Union.

Many cases involve loss of property as a result of hostilities. This is an obvious violation of property rights. The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. People can not get a refund from him, turning to the European Court. You can file lawsuits against Russia as an aggressor against Ukraine – for inaction. When there is evidence that it is your property, an application to the European Court prospectively. Some applicants were denied because they only sent photos of destroyed houses. And the documents that would confirm the right of ownership, could not provide because they have destroyed, along with housing.

Sourse, 14/05/2017

On the situation with human rights in Ukraine in 2016

March 8, 2017

Board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group Evgeniy Zaharov believes that the situation with human rights in Ukraine has not improved in 2016.

This he said in an interview Gazeta.ua .

– Last year, the country was undergoing improvements, – says human rights activist. – the beginning of macroeconomic stabilization, increased currency reserves, rising social standards. That is, there are signs of an improving economy. But no progress on improving the human rights situation, I do not see. For example, police reform stalled. And with good reason. Just last year, in October raised the salaries of investigators, detectives, district inspectors. And before they received significantly less than patrol. And this situation was abnormal. Because motivation is gone to work. Shortage in branches reached 30 percent. There was no one to work.

– What is the first thing to do?

– Who have the opportunity to continue the necessary changes. First of all, in the criminal section. After all, the reform of the Criminal Investigation and the investigation to date is the most necessary. Last year in this sense has been lost – due to lack of funds. Because starting any changes when there is insufficient funding law enforcement, against the loss of motivation of employees, is futile.

– What are the effects of human rights guard the most?

– Everything goes from inefficient style of governance. Offer to introduce the patrols, which will check whether all the work in the state. The urge to check the place of residence of immigrants, or to find out who receives a pension in Ukraine and ORDLO. This attitude of the state to the people wrong.

Recently I spoke to the chief doctor of a mental hospital in Kharkov. He said that the budget mentally ill on the day of release at 7 hryvnia food, medical treatment – 6 hryvnia. Therefore, the necessary funds are no drugs. As he comes out of the situation? Privileged categories, for example, consumptive or war veterans, 56 hryvnia relies on food. He divides all the advantages and all. In addition, it leads all money for food from paid services provided by the institution for citizens. Has established strict control over the catering department. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

It is clear that we have a war going on, it takes more resources. But you can not treat people like this. I think the main problem of human rights in Ukraine, the lack of humanity and compassion on the part of the state to its citizens.

– whether the police are changing, prosecutors, other law enforcement agencies?

– To say that they really do not do anything, you can not. But they perform their functions effectively, taking into account the realities. Prosecutors now want to get a big salary. They complain that the police are getting more than they do. But the re-certification of police virtually failed. Because it was carried out on the basis of a legal act that is poorly prepared. As a result, anyone who did not pass re-certification could appeal against his dismissal in court. Thus almost all the security officers returned to their posts. It is simply a profanation, not reform. Re-certification does not become a means of purification of the police.

– That is, such things as torture, hanging Affairs on innocent knock readings were?

– It was less. In particular, because the new Code of Criminal Procedure contains a lot of fuses with respect to mistreatment, torture, and the like. For example, to detain a person, authorized by a judge need an investigator. In addition, there is a norm of getting free legal aid those who can not afford to hire a lawyer. It is also a preventive tool. Finally, the court will not accept evidence obtained during the investigation. If it was about a million, then in 2015 in 2011 the victims of violence by the police – 409 thousand. Number of victims of torture has decreased from 113 000 to 62. But this is still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– statement was more because added complaints related to the military conflict in Donbas. It is, for example, prisoners of war – both military and civilian. They complain about the unlawful imprisonment, detention, torture, and the like. Only our organization in the past year, has written more than 200 such applications. More 300 – from our colleagues from the Ukrainian Helsinki Union. In addition, many of the rights violations associated with the loss of property as a result of hostilities. This is an obvious violation of property rights. Because people can not obtain compensation from the state, then turn to the European Court. The practice of national courts in this contradictory. Some courts satisfy the claim, when shelling destroyed houses and other refuse. When there is evidence that it is your property, the application to the European Court prospectively.

The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. You can file claims against the Russian, as it is the aggressor and against Ukraine – for inaction.

The Court considered the first such case. Some applicants were denied because they did not provide evidence that the property belongs to them. Sent photos of destroyed houses and the thought that this is enough. A document failed to provide, as they destroyed along with houses.

– What are the consequences of the application of the law Savchenko?

– I do not think that the worsening crime situation is directly related to him. This is confirmed by criminological research.

Sourse, 7/05/2017

Information about the doctrine of Petra Poroshenko

February 28, 2017

Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union (UHHRU), director of the Kharkiv Human Rights Group, said the anti-democratic decision of the Decree of the President of Ukraine Petro Poroshenko, regulatory monitoring of the media and the public resources of the Internet to identify information that is banned in Ukraine.

This was a human rights activist told the Ukrainian News agency.

“It is anti-democratic decision. I have over 20 years of struggle with such tendencies and still I managed such a thing to stop. Now it will be very difficult, because behind this, in my opinion, totally mistaken idea that it is necessary to fight the enemy. For fight the enemy must be quite different, “- he said.

Such a decision will only search for the enemy within the country and fight against it.

According to him, media monitoring and public Internet resources affect the freedom of the media.

“Will, of course, in a different way does not happen It (impact) will be expanded.” – he said.

Zakharov added that such a practice exists in Russia, China, Belarus, and not in the free countries.

“It’s just nonsense,” – he added.

The human rights activist believes that such an order is a mistake of Poroshenko and those who support it, because they do not understand the nature of information relations.

Recall President Petro Poroshenko instructed the Ministry of information policy to seek information in the media prohibited.

Earlier Poroshenko instructed the Cabinet to develop a bill that will be possible to lock the sites by the court .

Sourse, 27/02/2017

In February it will be known the new head of the Ukrainian National Police

December 26, 2016

Ukrainian Interior Minister Arsen Avakov announced a competition for the position of head National Police that occupy Khatia Dekanoidze until November. Who joined the Board on the selection of candidates? How will decisions be made?

The competition jury composed of experts from Canada, the US, Denmark and Ukraine.

On the phone with “Gromadska radio” MVD Director of Communications Department Artyom Shevchenko and a member of the competition committee, the founder of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov .

Irina Sampan: How will the competitive commission? It will be ensured transparency of the competition?

Evgeniy Zaharov: Now the candidates submit their application – CV and motivation letter. All received materials are translated into English and simultaneously transmitted to all members of the commission – Ukrainian and foreign. We will study and prepare materials for the meetings – the first will be held on January 18.

the primary analysis will be carried out, whether to send the summary of the qualifications for the post head Natspolitsii contained in the law – a full law degree, not less than 7 years of experience in the legal field and 5 years of managerial experience.

Prior to the first meeting of all candidates pass the test on the General Skills (general skills – Ed.) – the ability to think logically. The same test, which all police officers at recertification.

And the results of these three sources – resume, cover letter, and test – Commission will examine each candidate and ballot to decide whether he will be admitted to the interview. For each will vote personally. All this will be recorded on video, and who wants to be able to see. We just have not decided whether to make a shot in real time or recording and display afterwards.

Irina Sampan: Interviews with candidates will be carried out the commission?

Evgeniy Zaharov: Yes. All candidates will be asked the same questions, so that they are on an equal footing. It will surely be recorded on video and then you will see. After the interview, the commission will select the best three candidates and will give the Interior Ministry, whom she recommended to assign. The minister will have to choose from these three candidates.

Tatiana Troschinsky: The final word of the Minister of the Ministry of Interior ?

Evgeniy Zaharov: Yes, it is legally wrong. The minister is one candidate to the government, the government of his claims.

Irina Sampan: Can be applied to this competition a former policeman, who did not pass the re-certification?

Evgeniy Zaharov: No they do not interfere. But if they had a bad result on the test, why they do it. We introduced the test as a formal evaluation of the candidate’s ability to think. The Commission considered that it is a necessary condition. If a person can not think logically, he can not apply for this position.

Tatiana Troschinsky: In addition to these formal things that the law says that you define important? That may affect your choice to vote or not to vote for the candidate?

Evgeniy Zaharov: There are requirements to the candidate, expressed in the law – a good reputation, high moral qualities. Speaking for myself personally, their preferences – for me it will be very important if the candidate has not been seen in the human rights violations in the past. How he showed earlier in his work.

The interviews will be sufficiently deep and detailed, so that all of this will reveal. His qualities as a manager, communication with people and staff, ability to work in conditions of risk, uncertain environment with incomplete information, the propensity for innovation, creativity.

I also want to emphasize that the norm in the law of at least 7 years of work in the field of law is only at first assumed policing. And it was I who introduced the amendment to the bill that you need to expand the pool of candidates. What should be lawyers, not the police – it may be prosecutors, tax. As Artem Sitnik, who was a very decent and a good candidate for the post of head of the National Anti-Corruption Bureau. bidders circle should not be limited to the police around.

Irina Sampan: When the Commission will submit to the Minister Interior Ministry candidates recommended for the post of Natspolitsii?

Evgeniy Zaharov: The timing is now difficult to say, because it is not clear how many will be applications. If, for example, 200, the operation may take a week. Everyone needs to read, to think, to study, you have to vote for each candidate. Maybe I’m wrong, is a bit of candidates, and we are the first three days have time to do all this. But I think that it is doubtful, and we move on to the next week (after the first meeting on 18 January – Ed.).

Irina Sampan: How many applications have been filed?

Evgeniy Zaharov: Five days ago there were six. This is the ones translated into English and sent to all candidates. It’s Christmas, the intensity of a halt. I think that most of the applications will be after the New Year.

Sourse, 25/12/2016

Why was considered normal “squeeze” the property from the separatist?

November 29, 2016

Fighting in eastern Ukraine led to a significant deterioration of the situation with human rights, including, new extraordinary precedent that did not previously exist in Ukraine. This was stated by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union and the head of Evgeniy Zaharov the Kharkiv Human Rights Group, in an interview , “Gromadska” .

Zakharov said that the first cases of human rights violations related to the situation in the Donbas is to start from the militants, who were persecuted, detained, tortured and killed patriotic citizens. Subsequently, this led to the fact that the Ukrainian military began to use similar methods.

“In response to some of our volunteer teams to see this attitude, we began to operate symmetrically. Torture of prisoners took place, and some were tortured to death. Also killed prisoners. It came into use words such as “pressing”. Why was considered normal “squeeze” the property from separatist, if the separatists. Car, home pick up. This is not a crime if it is an enemy, “- said Zakharov.

The human rights activist noted that a significant part of society “meaningful or not it supports violence against the separatists.”

In addition to Ukrainian volunteer battalions, disturbances in the form of torture is also used employees of the Security Service, as evidenced by the reports Ukrainian Commissioner for Human Rights and the report of the Human Rights Defenders Amnesty international and Human rights watch.

According to Zakharov said that the Ombudsman’s report says that the greatest number of complaints (39%) related to the use of torture was applied in respect of the SBU.

“The Security Service torture detainees, it is not known where they are kept. In fact, according to the law of the SBU, and in the law on pre-trial detention was not a word about the fact that SBU can have investigative detention centers. If they are, then they are illegal, “- he stressed.

Zakharov also mentioned that persons detained in connection with allegations of investigative jurisdiction of the SBU, is charged with terrorism, separatism gosizmenui.

Sourse, 28/11/2016

The biggest violation of human rights among law enforcement agencies come from the SBU

July 21, 2016

What reforms have taken place in the judicial system of Ukraine during the reign of the new government and President Poroshenko and what prospects are opening up in the power department in the near future in an exclusive interview to the online edition of the Ukrainian News – From-UA has told the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, Director of the Kharkiv Human Rights group Evgeniy Zaharov.

Ukraine News – From-UA: Eugene E., good afternoon! What changes do you see in the law enforcement system since the arrival of the new government? The police, the prison service, the prosecutor’s office, the courts, the Ukrainian Security Service?

Evgeniy Zaharov: You see, in fact, comprehensive reform of the entire system of criminal justice, unfortunately, is not happening.

There are some changes in the police, which no longer exists, since the 7 th November 2015 it was replaced by the police.

A new patrol police in the 35 cities of Ukraine, except in rural areas set up, tested, tested and is now being implemented – a new model of public order, based on the rapid response groups. It was first in Sambor, then another nine district department, and then the model has been implemented in three areas since February 2016 years: in Kyiv, Kharkiv and Lviv, most recently in the Khmelnytsky and is now preparing to Volyn. That is, there is reform.

Nevertheless, we must clearly understand that this is only part of the police, which deals with the protection of public order and that has not affected the criminal unit, departmental system of medicine and education. And still a lot to do in order to continue to pursue this reform sequentially.

A major obstacle to this – is a lack of funding. The budget of the police and the Interior Ministry as a whole is very much curtailed, and a situation where a young patrol, who studied for three months, six months or a year of work, and get a much higher salary than the investigators or investigators with experience of 10-15 years – it’s not normal, so do not be must. But the funds to fix it, to raise the salary of those who have passed the certification, simply do not have today. And this is one of the main obstacles of the reform.

If we compare the way that we run the 100m, the 15 meters we already ran. But we need to run further and do not stop, because any stop will be fraught with the fact that all these improvements will be leveled. And the existing police system, which, alas, yet will not go away (because in many ways it continues to persist and everything appeared new can adapt to fit your habits and rules), will remain the same. This danger is, and it must be clearly understood. Because it can not police with a salary of 3-4 thousand hryvnia per month, especially in the big cities, to feed his family, and this will inevitably push him to some other acts of unlawful ways of earning.

If we talk about the prosecutor’s office, the courts, the prison system, the SBU, in my opinion, were only trying to initiate reforms in these bodies, but they failed. More specifically, I am referring to the prosecutor’s office and the courts, because what was done was done poorly. But it has its own reasons, and they can be viewed separately.

Beginning of the reform of the penitentiary system changes the structure of the State Penal Service and not for the actual penal institutions. That is life in the colonies so far has not changed the fact that these reforms have begun. And in fact, here you need to change a lot in practice and in law. But these changes are very difficult, they are harder to do than the police or the prosecutor’s office.

The order, which was formed there, break is not so easy, and if it is broken, then the situation in the colonies will be even worse, because they are financed disgusting. For them, the budget recorded two times less than you need, and they eventually receive half of that half. And actually financed at 25%, only to escape the fact that in each colony are looking for some way to make extra money. And where the administration of the colony successful, there is a better, where unsuccessful – there is worse.

A lot depends on whether the colony is “on the ground”, for example, as it can grow their own fruit and vegetables, in addition to budgetary allocations. And if they still grow and sell, so it’s even better.

And if it’s industrial zone, and there is something made, as is known, such a forced labor – not very productive, and businesses which employ convicted, it is difficult to compete. There’s basically an old worn-out equipment, old dirty technology … But this is a business that is closed from public scrutiny, and there occurs a serious enrichment of those who supervise them, despite the fact that the prisoners themselves receive a penny. And cut this Gordian knot is not possible, because simply these colonies is nothing to exist, even though a significant portion of the money takes the administration of enterprises, which are created when the colonies. Still, at least something, but remains a prisoner. If it will not, the situation will worsen significantly in the colonies. So just this problem can not be solved,

As for the prosecutor’s office – as long as I do not see major changes. It only point changes on staffing levels, or in some individual cases. But they are after the new Attorney-General, and should welcome the fact that he was engaged in such things – the most severe human rights violations in an attempt to eradicate them. Such as, for example, long-term maintenance portion accused detained in prison without penalty. You can also welcome his desire to make personnel changes. But in fact this is just all half-measures, and serious reform of the prosecutor’s office has, in fact, did not start. There is a problem with the presence of the frame, as is the case with the police and the prison system.

Ukraine News – From-UA: Over the past few years, we have changed three times Attorneys General. What is the reason, in your opinion?

Evgeniy Zaharov: This is due to the fact that they could not cope with the tasks that they are being given society and what is waiting for them. They have not been able, nor Oleh Makhnitskyi nor Yarema nor Shokin, to investigate crimes on the Maidan in full. And indeed they were unable to carry out any reform or change the entire system of prosecutors.

One of the reasons lies in the fact that all prosecutors are accountable to the President, and they worked in manual mode. I do not know if it’s true, but argue that the Attorney General Shokin literally daily reports to the President about the work that he did. That is, he received direct orders, what to do in any given situation, and be accountable for it.

It is this dependence Attorney General from the main official in the state – it’s completely normal. This is our problem: our political forces want to control the courts, prosecutors, law enforcement agencies and use them as an instrument for solving their political problems. It should not be. And it was when all power, a greater or lesser extent, and now it continues. And in this conflict and tied inside the prosecutor’s office, for example, Deputy Attorney General Kasko, Sakvarelidze and with so many such things.

That will be obtained from Lutsenko how he will behave in this situation, it is difficult to predict. But it is also clear that there have been delivered as a person close to the president, the former head of PPO fractions, and again you can expect from it will require certain actions in certain cases.

In general, public prosecutors should be independent, as well as the judges. And if that were the case, and they are not crushed, it would be much better. But prosecutors, like judges, there is a danger canned in its own system without any control and it was not changed, and their acceptance of the illegal and unjust decisions on someone’s orders then it will be difficult to correct. And there, and there is very difficult to pass between these two extremes.

Yuri V. started with some positive steps, private, essential, but how much he will be able to reform the system as a whole, we’ll see.

Everywhere very big problem with the staff. But by the way, if we talk about the staff, the best thing to do with this situation in the judicial system. There’s a lot more experienced and trained judges than the illiterate. But the trouble is that from the undue pressure that they get bored, they massively retire. And in a lot of police, who left because they did not want to undergo the procedure, which they were offered.

Although there is another point of view, they are weak people, once they had done so, and God is with them – and I fully understand it. Because it is a strong point of view: put on the form – to serve and to carry out all that is needed. And this is in fact the action of the Bible principle: “Do what you must, come what may.” And if you ran away, then you are a coward – that masculine approach. But such strong people very little, and those who is such, they are very uncomfortable, because they always do what they think is right, and not as orders superiors, and therefore always be under attack.

Ukraine News – From-UA: In one of the political talk show Verkhovna Rada Chairman Andrew Paruby called judicial reform – a major “victory” of the season in the parliament. Do you agree with this?

Evgeniy Zaharov: Unfortunately, he is mistaken. I appreciate the personal qualities of courage, integrity and honesty Parubiya, but I fear that he did not really understand the judicial system. And to say that judicial reform – a major victory in parliament, it is a mistake, in my opinion. Because in fact what happens is that the judicial system is now collapsing under the influence of such reforms.

Here is a very difficult task. On the one hand, the need to ensure the independence of the court, since it will not be open-minded and objective without it. If he is dependent, then it will be easy to pressure. But unfortunately, in this regard the so-called reform is quite Direction: they put the judges even more dependent than before. This is motivated by the fact that the judicial system – corruption, inadequate, does not meet the requirements of the time, and judges are flying all the accusations.

But I think that the judicial system is not more corrupt than any other in our country, and the fact that so judges are generally wrong. After all, judges are different: there is corruption, but there are those who will never take bribes, they just do not allow such cases, where they were waiting for the “right” decision.

So, unfortunately, judicial reform hinders the desire to take executive control of the judges. And whoever is in power, is manifested. With all the presidents since it was, and continues under President Poroshenko same. This is a big mistake, because it is impossible to treat with the judges, requiring them to take the “right” decision. This applies, above all, capital ships, the higher courts. The rest of the ships the same thing happens at the local level. And it turns out that judges are dependent, they are not free in their decisions. What judicial reform can be with such a situation? Yes, no, quite simply.

And then there was noticeably worsened access to justice by banning conventional lawyers, not lawyers, to take part in civil and administrative cases!

Ukraine News – From-UA: Yevgeny Yefimovich, what reforms are experiencing today, the Security Service of Ukraine?

Evgeniy Zaharov: With regard to the Security Service of Ukraine, the situation there is very bad, she did not reform. And today I can say that the greatest violations of human rights among law enforcement agencies come from the Security Service, which is very violates the right to liberty and security of person, the right to protection from torture and so many other rights. The balance between human rights and national security protection solutions quite clearly in favor of national security. And there are so many criminal enterprises, opened the SBU, which, to put it mildly, questionable.

What is happening there is, unfortunately, very often the real outrage. What could make more than once, considering the specific case of criminal prosecutions in the National Security Service. I do believe that this centaur – both intelligence and law enforcement authority – an anachronism, it is not normal, and this is not in any civilized country of the world.

We do not compare ourselves with Russia, we are talking about European countries. Intelligence agency must deal only with data extraction for senior government officials, her job – intelligence and counterintelligence. But the investigation of crimes – this is not her business. And if these functions have dramatically SBU take, it may be, would be transformed into a normal special service.

And today it’s just a body, which is taking advantage of its unique position, that is the main body for the protection of national security, which protects us against terrorism, which actually runs the ATO (and that’s how it is served) is really a body, for which there are very serious tyranny and human rights violations. security service need to take place to put it, and not the one that she now occupies.

Ukraine News – From-UA: What are the prospects in the law enforcement system you see in the near future?

Evgeniy Zaharov: I believe that the reforms could be done, it is a very real thing. But this requires a number of conditions.

The first – the mandatory funding. Here’s what the police reform can be done without additional funding, almost everything has already been done. But in order to move forward, we need the money, which is not. It is necessary to firmly grasp the rule: reforms cost money, and if you do not give money, the reforms will not. And those systems that need to be reformed, without the money will remain in its old state, and then rot.

And the second – political will is needed to implement these reforms. You need to have people who have a clear understanding and have a clear vision of what and how they want to do. To these were new teams that would have sufficient authority and political will to transform the system.

Police experience shows that this is possible in principle. But on the way people who do such things, a lot of difficulties, obstacles, problems. And of course, the reform of the law enforcement system of Ukraine – it is cleaning the Augean stables. And, nevertheless, the reforms could be done despite the fact that it was supported by the state and society, despite the fact that there is sufficient funding – it would all really.

But the obstacles are many: and the wrong political guidance on many issues, and the lack of funds, and perhaps most importantly – the lack of personnel.

Interviewed by Julia Protsyshena

Sourse, 20/07/2016

Instead, the right of profit operates in Ukraine

April 29, 2016

Rights principle does not work in Ukraine. State directs political benefit. A force opponents pressed.

This was stated by Evgeniy Zaharov, member of the Board of the Ukrainian Helsinki Human Rights Union, at a press conference the initiative group of “breast-Perche”.

“One of the main problems in the state and society – it is demagoguery and populism confidence that complex problems can be solved by simple methods In particular, the use of force Many individuals in their actions are guided solely by motives of political expediency and a desire to press their opponents tire out….. . them as far as possible they are not guided by the principles of law I want to emphasize that it is impossible to do so This is the road to a dead end is the way to defeat, “-… Zakharov said.

Recall, the participants of the initiative group “of breast-Perche” unveiled appeal “keep the state from self-destruction”, which called on the Ukrainian people to unite in the struggle for the state and the country’s leadership – to develop a new political system.

Sourse, 28.04.2016

The confrontation of political forces is a serious threat to human rights in Ukraine

January 5, 2016

2016, as the previous two years, will determine the continuing conflict in the east of Ukraine.This was reported by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, the situation with the provision of socio-economic rights of Ukrainians certainly improve if there will be positive developments in the economic sphere.

“A serious threat to Ukraine for Human Rights is a confrontation between the political forces, which leads to a loss of cohesion and possible political crises, worsening the situation as a whole. Unity us today is necessary, and I hope that the public will be able to overcome the calls for radical action, which we constantly hear today, “- said the expert.

As for the reform of the judicial system and law enforcement bodies, the human rights activist does not express much optimism: “There is, unfortunately, not been necessary conditions for this.”

At the same time, Evgeniy Zaharov expressed “very cautious optimism” about the fight against corruption in Ukraine.

“Those institutions that have started to work, in particular, the National Anti-Corruption Bureau and the Anti-Corruption Prosecutor’s Office, no longer able together to investigate corruption crimes. I hope that they will be successful in these matters, and it will not interfere with the obstacles generated by the unification of government and business. If these things can be diluted, then change for the better is possible, “- adds a human rights activist.

In general, according to Evgeniya Zaharova, 2016, as well as 2014-2015., Will determine the continuing conflict in the east of Ukraine.

“In those or other he will continue, God forbid, that these forms were more or less peaceful. From this it follows that Ukraine will be forced to live in such conditions, “- said the expert.

Evgeniy Zaharov also does not exclude the fact that “Naftogaz Ukraine” in 2016 received the first profit.

“We can expect that public procurement following the entry into force of the law, will not be as corrupt as before. And we can expect that will go on police reform, which in 2015 developed well and has the potential to become more successful “, – predicts a human rights activist.

Thus, it said Zakharov, if Ukraine will be able to avoid a large-scale military conflict, those areas in which the foundation was laid for the development, will be able to show positive results.

“I hope that the scale of the conflict will not be that he will be in the same form as now. Although this is, unfortunately, unlikely to save us from new victims “, – he summed up the expert.

Sourse, 04/01/2016

Sentsov and Kol’chenko may return to Ukraine

August 26, 2015

Sentenced to long terms of Ukrainian filmmaker Oleg Sentsov and activist Alexander Kol’chenko could theoretically be exchanged for captured officers of the Russian GRU. This was reported by a member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, lawyers and Sentsova Kol’chenko can seek the transfer of convicts to serve life in Ukraine.

“There is the Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of 22 January 1993. It provides for the transfer of prisoners to serve their sentences in the country of which they are. This good will of the two countries and this could be done on the basis of existing international treaties. But I have serious doubts that this is what happens. Because the Russian leadership this goodwill is simply no “, – Zakharov said.

The expert does not consider Sentsova and Kol’chenko first political prisoners of Ukrainian citizens on the territory of the Russian Federation. According to him, this is not the first case of conviction of political prisoners in Russia, because the country are persecuted and convicted a number of Russian activists and ordinary citizens of Ukraine, who were persecuted for their political beliefs and statements.

Processes themselves human rights activist believes that it is political.

“The process Sentsov-Kol’chenko, as well as in respect of Hope Savchenko, Russia wants to demonstrate that it is, as before, does not consider Ukraine’s independence, has no respect for its sovereignty and believes that it can bring them to trial Ukrainian citizens on trumped-up charges and accuse them in such crimes. This is all in line with the policy that recently the Kremlin is on Ukraine “, – Evgeniy Zaharov believes.

According to human rights activist Oleg Sentsov Alexander Kol’chenko Nadezhda Savchenko and may be released only in the event of a change of political regime in Russia, when they reviewed the criminal cases pending against them. At the same time, he did not rule out the possibility of a prisoner exchange.

“Between Russia and Ukraine, there may be political agreement on the exchange of prisoners, similar to how the Soviet Union exchanged spies in the Soviet political prisoners. Thus, in particular, have been released and went to the West , Vladimir Bukovsky , Mykola Rudenko and other dissidents and human rights activists.

“It’s hard to say, to whom can exchange convicted Sentsova Kol’chenko and, as a matter of trading. The fact that the process of international exchange of prisoners and the people completely secretive and the public does not take part in it. In Ukraine, it is engaged in the Security Service, or rather it is more of a performer, and the main issues are addressed at the highest level of political leadership. But such exchanges happen all the time. Theoretically, Sentsova, Kol’chenko or Hope Savchenko can exchange for the detainees in the ATO zone GRU officers of the Russian Federation. However, I’m not sure this is 100%, “- concluded Evgeniy Zaharov.

Recall, August 25, the North Caucasus District Military Court in Rostov-on-Don convicted in relation to Ukrainian director Oleg Sentsova on charges of planning terrorist attacks in the Crimea. The second defendant – activist Alexander Kol’chenko – found guilty of involvement in the terrorist community, complicity in a terrorist act.

The Ukrainian Foreign Ministry has called illegal and inhumane sentence Russian court in the case of citizens of Ukraine Oleg Sentsova Kol’chenko and Alexander, who were sentenced to 20 and 10 years imprisonment respectively.

Sourse, 25/08/2015

Результаты поиска:

Mixed hatchet and a scalpel

May 23, 2017

So in a nutshell, nA my opinion, can be characterized by a decree of President of Ukraine “On the decision of the National Security and Defense Council of Ukraine of 28 April 2017” On the application of personal special economic and other restrictive measures (sanctions), “which introduced a one-year (or three years, five years, indefinitely -. to each his own), various restrictions on the 468 legal entities and 1228 individuals About this in his blog on the NRwrote the well-known human rights activist, member of the Board of the Ukrainian Helsinki human Rights Union, the head of Kharkiv Human Rights Group Evgeniy Zaharov.

The following is the opinion of human rights activist:

Let’s try to argue from a position of affirmation and protection of human rights, which, according to Article 3 of the Constitution of Ukraine, is … the primary responsibility of our state.

According to the second part of Article 22 of the Constitution: “With the adoption of new laws or amending existing laws are not allowed narrowing of the content and scope of existing rights and freedoms.” At the same time it is obvious that imposed by the Decree (ie, the act is not even legislative and executive authorities) sanctions restrict the key rights and freedoms guaranteed by the Constitution: the right of ownership (Article 41) and / or freedom of information (Article 34) and / or creative freedom (article 54), and in respect only of individuals – even and / or the right to respect for private and family life (article 32) and / or freedom of movement (article 33).

In order to determine whether the restriction on the right (freedom) justified and valid, it is necessary to turn to his assessment on the basis of principles of the European Convention on Human Rights in 1950 Namely, the restriction of rights must be based on law, pursue a clearly defined goal of Limitations of fundamental law of Ukraine a list of objectives and be proportionate (adequate) in relation to the alleged threat was detected.

In any case, the effects of restrictions on rights and freedoms must bring less damage to society and the individual than the full implementation of the subjective right in its former, that is full. In our case, as far as can be judged, run by a presidential decree limiting the rights and freedoms formally based on the Law of Ukraine “On sanctions” on August 14, 2014, are intended to protect national security (or other objectives listed in Article 1 of the Law “On sanctions” ).

As for the answer to the question whether the rights and freedoms within an acceptable scale violated, the answer can only distance a thorough analysis of the proportionality introduced restrictions stated objectives. Such an analysis, which is very important, must be carried out with respect to each of the listed individuals and entities. In this case, a number of rights may be restricted only after a court decision to impose such restrictions. In any case, the principle of the rule of law requires the State and its agents provide a convincing argument in favor of the need to limit the rights.

Strictly speaking, to restrict the constitutional rights can only be in that case, if no such restriction is really impossible to do. Such a requirement is contained in the well-known presumption: based on the law and the court sanctioned restriction of the right should be recognized as “necessary in a democratic society”.

Whether in this case complied with the required procedure? I suppose not, but was glad to be wrong.

List of individuals to sanctions, including not only the citizens of Russia, but also in other foreign countries. It also got some Ukrainian citizens. We are talking about people living in the occupied territories as the Crimea, Donetsk and Lugansk regions and the territories controlled by the Ukrainian government. And I do not understand how in regard to the latter can act without prior court decision is most often found in the list of restriction of their property rights.

We are talking about blocking assets as a temporary restriction of a person the right to use and dispose of property belonging to him. Such a restriction may be regarded as an infringement of the fundamental right to private property is permissible only in the case of introduction of a state of emergency.

For example, a citizen Zagnibeda KG (№210 in the list), registered and residing in Slavyansk, should, it seems, for a year to get away from his home? And where? The all-knowing Google said that Mr. Zagnibeda born in 1963 – is an entrepreneur, the owner of the LLC “ZAGNIBEDA LTD” with the main activity:. “The production of plates, sheets, tubes and profiles made of plastics.”

In 2015, he ran for city council Slavic, being number 12 in the list of “Ukrainian parties honor the fight against corruption and organized crime.” More than anything substantive, I have not found, so to see at least a hint of why in this case to impose sanctions, failed. It is clear only that, apparently, during the occupation, Mr. Slavyansk Zagnibeda aggressor is not promoted, otherwise would have been prosecuted.

The list of legal entities – offshore companies, banks, airlines, industry, particularly engineering, enterprise, television and radio, social networking, and other services (cloud storage, navigation, music, etc.), software developers (hereinafter – Software) … Many of them have Ukrainian registration, they are in Ukraine and employ ordinary citizens of Ukraine.

Puzzling hit by sanctions of the Russian company “1C” and its Ukrainian representative office of LLC “1C Multimedia Ukraine”. Accounting computer system 1C uses 80% of Ukrainian enterprises of small and medium-sized businesses, the majority of public organizations.

It appears that in this case it is necessary to have very good reasons for decisions on sanctions, the data base must be sure to explain to the population. In general, a review of Ukrainian software development companies have come under the sanctions shows that they all have one similar trait – are subsidiaries or representative of the Russian companies. Is this the only and therefore sufficient from the point of view of the authorities, the legal basis?

Let’s consider the well-known company OOO “Parus-Ukraine”, working on the Ukrainian market since Soviet times. Referring to its website: parus.ua. The main activity of the group of companies “Sail” – the development, promotion and implementation of software for enterprise management. Today, the company – one of the largest software companies in Ukraine, developing business management. In addition to the development of the Center, for the period of its operation, the central office has developed a strong regional network of over 28 regional offices (see. №№ 443-468 in the legal list. Of persons) and more than two dozen dealers. The number of employees is more than 550 professionals, of which more than 250 are working in Kiev.

“Sail” Number of product installations exceeds 200,000, the software operates in more than 20,000 organizations. Users of software products “Sail” is the enterprise telecommunications, large industrial companies, oil and gas companies and thermal power complex, trading companies, insurance, credit and financial companies, design and construction organizations, enterprises transport and logistics, printing companies, publishing and media, restaurant complexes, cafes, bars, pubs, pizzerias, hotels, boarding houses, recreation, night sports and fitness clubs, entertainment centers, water parks, sire structure governmental administration, ministries, departments, committees, universities, medical and health institutions.

At the same site, “Sail” claims that his clients include 80% of the main managers of budgetary funds, including, in particular, the Ministry of Defense, Ministry of Internal Affairs, State Border Service, the regional management of the State Migration Service and emergency services, “Ukrtelecom” “Ukrnafta” SDO “Yuzhnoye”, National school of judges, and many other government agencies.

So it does not surprise me an urgent message on the official website, which appeared May 16 immediately after the release of the Decree, which reads as follows: “Sail” – a group of Ukrainian companies! Information about this can be found on the website under parus.ua “Copyright and Permissions”. Hit in the sanctions list in respect of the group of companies “Sail” is not valid, we will be challenged and is perceived by us as pressure.

And I was not surprised by the appearance of proposals to use all soon any new software products of Ukrainian origin, instead of products 1C, “Sail” and other subsidiaries of Russian software developers. I would like to still hear the explanation why many software developers to apply such a truly draconian restrictive measures.

But imposing sanctions on companies such as “Doctor Web”, “Kaspersky Lab” and their Ukrainian representative offices as no surprise. I had a lot to hear from system administrators familiar that these anti-virus programs as mail.ru complex can not be used, because they are engaged in espionage, embedded in the operating system of aggressive, damage the installation browser, install bugs and illegally collect information without permission and warn users.

In particular, personal information, financial records, data on the location, movement, and the like. The illegal collection of personal data and use them to the detriment of Ukraine also blame social networks “in contact” (VC) and “Classmates” (OK). In particular, the military claimed that the publication of photos of its soldiers in social networks sometimes leads to their death.

If the appeal to the social networks of people involved in the public sector, has brought serious harm to the national security and other public interests listed in Article 1 of the Law “On sanctions”, the restriction of access of civil servants and all other people working in state institutions, seem justified. But whether the state can restrict access to social networks of millions of people, to do with the public institutions do not have? I think it is – a massive violation of the right to privacy and freedom of expression.

The impression is that the imposition of sanctions is motivated primarily by some purely private, commercial and economic interests, and seeks to harm the financial interests of specific companies. In this vein, the sanctions would contribute to both the development of Ukrainian business. For example, as you know, “Yandex” and other Russian companies have brought down Ukrainian advertising market on the Internet and drove with him Ukrainian competitors. Sanctions will remove from the market “Yandex” and others. But it does benefit from that Ukrainian consumers? All this looks very doubtful and uncertain …

And I was wondering if anyone thought about the people who use “Yandex-purse”? For example, they can take in case of need their money? Or initial calculation was that the ban on access to web resources and easy to get around because all who need to quickly learn how to do it? This is indicated by many defenders of Presidential Decree – he, they say, is not directed against users, but against the companies, and that in our democratic state, no one will interfere with the VC and UC fans enjoy this personification of “Russian world”.

But older people remember well how quickly passed us by “enemies uneshnih” to “enemies unutrennim”. Here and now there are voices, including some active deputies, that you need to watch out for those who violate the decree and to hold them accountable. Our state has long dreamed of control over the internet, there have been several attempts to establish it. As long as they did not work. But to deal with the introduction of Internet control under the pretext of protecting information security during the war with the Russian aggressor will be more difficult. In any case, I really do not want to Ukraine in the national security services is easily confused with a rusty ax a surgical scalpel.

Sourse, 22/05/2017

Why “Savchenko law” did not need

May 22, 2017

“Savchenko Law” in Ukraine was canceled because it was no longer necessary. Prisoners who could list the period they were released or left to sit much less.

This edition Gazeta.ua said May 21 Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group.

“Law Savchenko” long wanted to cancel. And it happened. He played a role. It was difficult to differentiate for whom he acted. Therefore, it is easier to cancel than to change it for something. Everyone who could be counted period, then they have listed. Someone ended term of imprisonment or decreased significantly. For its abolition outweighed the negative attitude in the society to the fact that the release of prisoners, and the appearance of rejection Hope Savchenko. “

The law does not provide clear guidance on how to act with people who put life:.. “Do not take into account only the situation with the prisoners, which condemned the life one listed, while others refused because they thought that they are the law does not apply was discussion on about it. In the framework of “law Savchenko” would replace a life sentence for a specific sentence. But with the abolition of the law of the matter was dropped. “

In general, “the law Savchenko” had more positive than negative: “The law reduces the time of those who were in remand prisons with appalling conditions also for those who are convicted of the Code, which was in force until November 2012. Then it was possible to send the case to the.. . for further investigation and the suspect remained in jail for 7-10 years in pretrial detention were men 3-4 times more than the intended place of some forced to sleep in the same bed or in turn, poorly fed These conditions -.. Therefore, for the torture. “Savchenko law” be considered the year in Jail in prison was just over 2 years.

Now there are prisoners who have been tried under the old Code, the nearly empty prison. The conditions in the prison became a little better, though, if only because there is no overcrowding. The new code can be kept in the remand prison of the people can be punished at least 5 years imprisonment.

Negativity of the law there were some prisoners who were sitting at a fairly violent crimes and came much earlier on will than need. Some of them commit crimes again, but it’s not the fault of the law. “

Recall May 18 the Verkhovna Rada has supported the abolition of the so-called “Savchenko law.” He acted with the December 24, 2015. Terrible condition of detention centers and the conditions in which people with respect to which there is a consequence and court, have become the main motive for the adoption of this law. During the operation of the law 10.2 thousand. Inmates released early. Of these, 1.5 thousand. Went back under arrest and trial. We predicted that under this law, to freedom had to get another 34 thousand. Prisoners.

Sourse, 21/05/2017

I do not see any improvement in the human rights situation in Ukraine

May 15, 2017

– Last year in Ukraine, there were signs of improvement in the economy. Increased currency reserves, improve social standards. But I do not see any improvement in the human rights situation, – said the head of the Kharkiv Human Rights Group, a board member of the Ukrainian Helsinki Human Rights Union Evgeniy Zaharov .

– For example, police reform stalled. And for good reason. Only in October last year raised the salaries bulk of police – investigators, operatives, the local inspector. And before they received much less patrol. Disappeared motivation to work. Shortage in the areas reached 30 percent. It does not have someone to work with.

– What should I do first?

– Who have the opportunity to continue to change. First of all, in the criminal section. Most necessary for today – the reform of the Criminal Investigation and the investigation.

– What are the effects of human rights guard the most?

– The lack of mercy on the part of the state to its citizens. Everything comes from poor governance.

Recently I spoke to the chief doctor of the psychiatric hospital of Kharkiv. He said that from the budget to the patient per day on food are seven hryvnia for treatment – six. On drugs means no. The institution of the situation so decide. Privileged categories, war veterans or consumptive assigned 56 hryvnia powered. Their pros and divide at all. Also, spending on food by all means from the paid services that an institution provides to citizens. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

Clearly, the war takes more resources. But you can not treat people like this.

– whether the police are changing?

– It is not that they do not do anything. But they are ineffective. Prosecutors complain that police salary is more than theirs. But the re-certification of police virtually failed. Because it was carried out on the basis of ill-prepared legal act. As a result, one could appeal against the dismissal in court.

– Torture, hanging Affairs on the innocent, knocking indications left?

– It was less. The new Criminal Procedure Code contains many fuses from bad behavior, torture and the like. For example, to detain a person, you need the sanction of the investigating judge. Also, there is a norm of getting free legal aid to those who can not afford a lawyer.

If the victims of violence were about a million in the police in 2011, the year before – 409 million. The number of those who have experienced torture, reduced from 113 thousand to 62 thousand. But it’s still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– Applications become greater. Because the added complaints related to the military conflict in Donbas. For example, former prisoners of war and civilians complain of unlawful deprivation of liberty, torture. Only our organization in the past year, has written more than 200 such applications. More than 300 – colleagues from the Ukrainian Helsinki Union.

Many cases involve loss of property as a result of hostilities. This is an obvious violation of property rights. The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. People can not get a refund from him, turning to the European Court. You can file lawsuits against Russia as an aggressor against Ukraine – for inaction. When there is evidence that it is your property, an application to the European Court prospectively. Some applicants were denied because they only sent photos of destroyed houses. And the documents that would confirm the right of ownership, could not provide because they have destroyed, along with housing.

Sourse, 14/05/2017

On the situation with human rights in Ukraine in 2016

March 8, 2017

Board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group Evgeniy Zaharov believes that the situation with human rights in Ukraine has not improved in 2016.

This he said in an interview Gazeta.ua .

– Last year, the country was undergoing improvements, – says human rights activist. – the beginning of macroeconomic stabilization, increased currency reserves, rising social standards. That is, there are signs of an improving economy. But no progress on improving the human rights situation, I do not see. For example, police reform stalled. And with good reason. Just last year, in October raised the salaries of investigators, detectives, district inspectors. And before they received significantly less than patrol. And this situation was abnormal. Because motivation is gone to work. Shortage in branches reached 30 percent. There was no one to work.

– What is the first thing to do?

– Who have the opportunity to continue the necessary changes. First of all, in the criminal section. After all, the reform of the Criminal Investigation and the investigation to date is the most necessary. Last year in this sense has been lost – due to lack of funds. Because starting any changes when there is insufficient funding law enforcement, against the loss of motivation of employees, is futile.

– What are the effects of human rights guard the most?

– Everything goes from inefficient style of governance. Offer to introduce the patrols, which will check whether all the work in the state. The urge to check the place of residence of immigrants, or to find out who receives a pension in Ukraine and ORDLO. This attitude of the state to the people wrong.

Recently I spoke to the chief doctor of a mental hospital in Kharkov. He said that the budget mentally ill on the day of release at 7 hryvnia food, medical treatment – 6 hryvnia. Therefore, the necessary funds are no drugs. As he comes out of the situation? Privileged categories, for example, consumptive or war veterans, 56 hryvnia relies on food. He divides all the advantages and all. In addition, it leads all money for food from paid services provided by the institution for citizens. Has established strict control over the catering department. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

It is clear that we have a war going on, it takes more resources. But you can not treat people like this. I think the main problem of human rights in Ukraine, the lack of humanity and compassion on the part of the state to its citizens.

– whether the police are changing, prosecutors, other law enforcement agencies?

– To say that they really do not do anything, you can not. But they perform their functions effectively, taking into account the realities. Prosecutors now want to get a big salary. They complain that the police are getting more than they do. But the re-certification of police virtually failed. Because it was carried out on the basis of a legal act that is poorly prepared. As a result, anyone who did not pass re-certification could appeal against his dismissal in court. Thus almost all the security officers returned to their posts. It is simply a profanation, not reform. Re-certification does not become a means of purification of the police.

– That is, such things as torture, hanging Affairs on innocent knock readings were?

– It was less. In particular, because the new Code of Criminal Procedure contains a lot of fuses with respect to mistreatment, torture, and the like. For example, to detain a person, authorized by a judge need an investigator. In addition, there is a norm of getting free legal aid those who can not afford to hire a lawyer. It is also a preventive tool. Finally, the court will not accept evidence obtained during the investigation. If it was about a million, then in 2015 in 2011 the victims of violence by the police – 409 thousand. Number of victims of torture has decreased from 113 000 to 62. But this is still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– statement was more because added complaints related to the military conflict in Donbas. It is, for example, prisoners of war – both military and civilian. They complain about the unlawful imprisonment, detention, torture, and the like. Only our organization in the past year, has written more than 200 such applications. More 300 – from our colleagues from the Ukrainian Helsinki Union. In addition, many of the rights violations associated with the loss of property as a result of hostilities. This is an obvious violation of property rights. Because people can not obtain compensation from the state, then turn to the European Court. The practice of national courts in this contradictory. Some courts satisfy the claim, when shelling destroyed houses and other refuse. When there is evidence that it is your property, the application to the European Court prospectively.

The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. You can file claims against the Russian, as it is the aggressor and against Ukraine – for inaction.

The Court considered the first such case. Some applicants were denied because they did not provide evidence that the property belongs to them. Sent photos of destroyed houses and the thought that this is enough. A document failed to provide, as they destroyed along with houses.

– What are the consequences of the application of the law Savchenko?

– I do not think that the worsening crime situation is directly related to him. This is confirmed by criminological research.

Sourse, 7/05/2017

Information about the doctrine of Petra Poroshenko

February 28, 2017

Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union (UHHRU), director of the Kharkiv Human Rights Group, said the anti-democratic decision of the Decree of the President of Ukraine Petro Poroshenko, regulatory monitoring of the media and the public resources of the Internet to identify information that is banned in Ukraine.

This was a human rights activist told the Ukrainian News agency.

“It is anti-democratic decision. I have over 20 years of struggle with such tendencies and still I managed such a thing to stop. Now it will be very difficult, because behind this, in my opinion, totally mistaken idea that it is necessary to fight the enemy. For fight the enemy must be quite different, “- he said.

Such a decision will only search for the enemy within the country and fight against it.

According to him, media monitoring and public Internet resources affect the freedom of the media.

“Will, of course, in a different way does not happen It (impact) will be expanded.” – he said.

Zakharov added that such a practice exists in Russia, China, Belarus, and not in the free countries.

“It’s just nonsense,” – he added.

The human rights activist believes that such an order is a mistake of Poroshenko and those who support it, because they do not understand the nature of information relations.

Recall President Petro Poroshenko instructed the Ministry of information policy to seek information in the media prohibited.

Earlier Poroshenko instructed the Cabinet to develop a bill that will be possible to lock the sites by the court .

Sourse, 27/02/2017

In February it will be known the new head of the Ukrainian National Police

December 26, 2016

Ukrainian Interior Minister Arsen Avakov announced a competition for the position of head National Police that occupy Khatia Dekanoidze until November. Who joined the Board on the selection of candidates? How will decisions be made?

The competition jury composed of experts from Canada, the US, Denmark and Ukraine.

On the phone with “Gromadska radio” MVD Director of Communications Department Artyom Shevchenko and a member of the competition committee, the founder of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov .

Irina Sampan: How will the competitive commission? It will be ensured transparency of the competition?

Evgeniy Zaharov: Now the candidates submit their application – CV and motivation letter. All received materials are translated into English and simultaneously transmitted to all members of the commission – Ukrainian and foreign. We will study and prepare materials for the meetings – the first will be held on January 18.

the primary analysis will be carried out, whether to send the summary of the qualifications for the post head Natspolitsii contained in the law – a full law degree, not less than 7 years of experience in the legal field and 5 years of managerial experience.

Prior to the first meeting of all candidates pass the test on the General Skills (general skills – Ed.) – the ability to think logically. The same test, which all police officers at recertification.

And the results of these three sources – resume, cover letter, and test – Commission will examine each candidate and ballot to decide whether he will be admitted to the interview. For each will vote personally. All this will be recorded on video, and who wants to be able to see. We just have not decided whether to make a shot in real time or recording and display afterwards.

Irina Sampan: Interviews with candidates will be carried out the commission?

Evgeniy Zaharov: Yes. All candidates will be asked the same questions, so that they are on an equal footing. It will surely be recorded on video and then you will see. After the interview, the commission will select the best three candidates and will give the Interior Ministry, whom she recommended to assign. The minister will have to choose from these three candidates.

Tatiana Troschinsky: The final word of the Minister of the Ministry of Interior ?

Evgeniy Zaharov: Yes, it is legally wrong. The minister is one candidate to the government, the government of his claims.

Irina Sampan: Can be applied to this competition a former policeman, who did not pass the re-certification?

Evgeniy Zaharov: No they do not interfere. But if they had a bad result on the test, why they do it. We introduced the test as a formal evaluation of the candidate’s ability to think. The Commission considered that it is a necessary condition. If a person can not think logically, he can not apply for this position.

Tatiana Troschinsky: In addition to these formal things that the law says that you define important? That may affect your choice to vote or not to vote for the candidate?

Evgeniy Zaharov: There are requirements to the candidate, expressed in the law – a good reputation, high moral qualities. Speaking for myself personally, their preferences – for me it will be very important if the candidate has not been seen in the human rights violations in the past. How he showed earlier in his work.

The interviews will be sufficiently deep and detailed, so that all of this will reveal. His qualities as a manager, communication with people and staff, ability to work in conditions of risk, uncertain environment with incomplete information, the propensity for innovation, creativity.

I also want to emphasize that the norm in the law of at least 7 years of work in the field of law is only at first assumed policing. And it was I who introduced the amendment to the bill that you need to expand the pool of candidates. What should be lawyers, not the police – it may be prosecutors, tax. As Artem Sitnik, who was a very decent and a good candidate for the post of head of the National Anti-Corruption Bureau. bidders circle should not be limited to the police around.

Irina Sampan: When the Commission will submit to the Minister Interior Ministry candidates recommended for the post of Natspolitsii?

Evgeniy Zaharov: The timing is now difficult to say, because it is not clear how many will be applications. If, for example, 200, the operation may take a week. Everyone needs to read, to think, to study, you have to vote for each candidate. Maybe I’m wrong, is a bit of candidates, and we are the first three days have time to do all this. But I think that it is doubtful, and we move on to the next week (after the first meeting on 18 January – Ed.).

Irina Sampan: How many applications have been filed?

Evgeniy Zaharov: Five days ago there were six. This is the ones translated into English and sent to all candidates. It’s Christmas, the intensity of a halt. I think that most of the applications will be after the New Year.

Sourse, 25/12/2016

Why was considered normal “squeeze” the property from the separatist?

November 29, 2016

Fighting in eastern Ukraine led to a significant deterioration of the situation with human rights, including, new extraordinary precedent that did not previously exist in Ukraine. This was stated by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union and the head of Evgeniy Zaharov the Kharkiv Human Rights Group, in an interview , “Gromadska” .

Zakharov said that the first cases of human rights violations related to the situation in the Donbas is to start from the militants, who were persecuted, detained, tortured and killed patriotic citizens. Subsequently, this led to the fact that the Ukrainian military began to use similar methods.

“In response to some of our volunteer teams to see this attitude, we began to operate symmetrically. Torture of prisoners took place, and some were tortured to death. Also killed prisoners. It came into use words such as “pressing”. Why was considered normal “squeeze” the property from separatist, if the separatists. Car, home pick up. This is not a crime if it is an enemy, “- said Zakharov.

The human rights activist noted that a significant part of society “meaningful or not it supports violence against the separatists.”

In addition to Ukrainian volunteer battalions, disturbances in the form of torture is also used employees of the Security Service, as evidenced by the reports Ukrainian Commissioner for Human Rights and the report of the Human Rights Defenders Amnesty international and Human rights watch.

According to Zakharov said that the Ombudsman’s report says that the greatest number of complaints (39%) related to the use of torture was applied in respect of the SBU.

“The Security Service torture detainees, it is not known where they are kept. In fact, according to the law of the SBU, and in the law on pre-trial detention was not a word about the fact that SBU can have investigative detention centers. If they are, then they are illegal, “- he stressed.

Zakharov also mentioned that persons detained in connection with allegations of investigative jurisdiction of the SBU, is charged with terrorism, separatism gosizmenui.

Sourse, 28/11/2016

The biggest violation of human rights among law enforcement agencies come from the SBU

July 21, 2016

What reforms have taken place in the judicial system of Ukraine during the reign of the new government and President Poroshenko and what prospects are opening up in the power department in the near future in an exclusive interview to the online edition of the Ukrainian News – From-UA has told the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, Director of the Kharkiv Human Rights group Evgeniy Zaharov.

Ukraine News – From-UA: Eugene E., good afternoon! What changes do you see in the law enforcement system since the arrival of the new government? The police, the prison service, the prosecutor’s office, the courts, the Ukrainian Security Service?

Evgeniy Zaharov: You see, in fact, comprehensive reform of the entire system of criminal justice, unfortunately, is not happening.

There are some changes in the police, which no longer exists, since the 7 th November 2015 it was replaced by the police.

A new patrol police in the 35 cities of Ukraine, except in rural areas set up, tested, tested and is now being implemented – a new model of public order, based on the rapid response groups. It was first in Sambor, then another nine district department, and then the model has been implemented in three areas since February 2016 years: in Kyiv, Kharkiv and Lviv, most recently in the Khmelnytsky and is now preparing to Volyn. That is, there is reform.

Nevertheless, we must clearly understand that this is only part of the police, which deals with the protection of public order and that has not affected the criminal unit, departmental system of medicine and education. And still a lot to do in order to continue to pursue this reform sequentially.

A major obstacle to this – is a lack of funding. The budget of the police and the Interior Ministry as a whole is very much curtailed, and a situation where a young patrol, who studied for three months, six months or a year of work, and get a much higher salary than the investigators or investigators with experience of 10-15 years – it’s not normal, so do not be must. But the funds to fix it, to raise the salary of those who have passed the certification, simply do not have today. And this is one of the main obstacles of the reform.

If we compare the way that we run the 100m, the 15 meters we already ran. But we need to run further and do not stop, because any stop will be fraught with the fact that all these improvements will be leveled. And the existing police system, which, alas, yet will not go away (because in many ways it continues to persist and everything appeared new can adapt to fit your habits and rules), will remain the same. This danger is, and it must be clearly understood. Because it can not police with a salary of 3-4 thousand hryvnia per month, especially in the big cities, to feed his family, and this will inevitably push him to some other acts of unlawful ways of earning.

If we talk about the prosecutor’s office, the courts, the prison system, the SBU, in my opinion, were only trying to initiate reforms in these bodies, but they failed. More specifically, I am referring to the prosecutor’s office and the courts, because what was done was done poorly. But it has its own reasons, and they can be viewed separately.

Beginning of the reform of the penitentiary system changes the structure of the State Penal Service and not for the actual penal institutions. That is life in the colonies so far has not changed the fact that these reforms have begun. And in fact, here you need to change a lot in practice and in law. But these changes are very difficult, they are harder to do than the police or the prosecutor’s office.

The order, which was formed there, break is not so easy, and if it is broken, then the situation in the colonies will be even worse, because they are financed disgusting. For them, the budget recorded two times less than you need, and they eventually receive half of that half. And actually financed at 25%, only to escape the fact that in each colony are looking for some way to make extra money. And where the administration of the colony successful, there is a better, where unsuccessful – there is worse.

A lot depends on whether the colony is “on the ground”, for example, as it can grow their own fruit and vegetables, in addition to budgetary allocations. And if they still grow and sell, so it’s even better.

And if it’s industrial zone, and there is something made, as is known, such a forced labor – not very productive, and businesses which employ convicted, it is difficult to compete. There’s basically an old worn-out equipment, old dirty technology … But this is a business that is closed from public scrutiny, and there occurs a serious enrichment of those who supervise them, despite the fact that the prisoners themselves receive a penny. And cut this Gordian knot is not possible, because simply these colonies is nothing to exist, even though a significant portion of the money takes the administration of enterprises, which are created when the colonies. Still, at least something, but remains a prisoner. If it will not, the situation will worsen significantly in the colonies. So just this problem can not be solved,

As for the prosecutor’s office – as long as I do not see major changes. It only point changes on staffing levels, or in some individual cases. But they are after the new Attorney-General, and should welcome the fact that he was engaged in such things – the most severe human rights violations in an attempt to eradicate them. Such as, for example, long-term maintenance portion accused detained in prison without penalty. You can also welcome his desire to make personnel changes. But in fact this is just all half-measures, and serious reform of the prosecutor’s office has, in fact, did not start. There is a problem with the presence of the frame, as is the case with the police and the prison system.

Ukraine News – From-UA: Over the past few years, we have changed three times Attorneys General. What is the reason, in your opinion?

Evgeniy Zaharov: This is due to the fact that they could not cope with the tasks that they are being given society and what is waiting for them. They have not been able, nor Oleh Makhnitskyi nor Yarema nor Shokin, to investigate crimes on the Maidan in full. And indeed they were unable to carry out any reform or change the entire system of prosecutors.

One of the reasons lies in the fact that all prosecutors are accountable to the President, and they worked in manual mode. I do not know if it’s true, but argue that the Attorney General Shokin literally daily reports to the President about the work that he did. That is, he received direct orders, what to do in any given situation, and be accountable for it.

It is this dependence Attorney General from the main official in the state – it’s completely normal. This is our problem: our political forces want to control the courts, prosecutors, law enforcement agencies and use them as an instrument for solving their political problems. It should not be. And it was when all power, a greater or lesser extent, and now it continues. And in this conflict and tied inside the prosecutor’s office, for example, Deputy Attorney General Kasko, Sakvarelidze and with so many such things.

That will be obtained from Lutsenko how he will behave in this situation, it is difficult to predict. But it is also clear that there have been delivered as a person close to the president, the former head of PPO fractions, and again you can expect from it will require certain actions in certain cases.

In general, public prosecutors should be independent, as well as the judges. And if that were the case, and they are not crushed, it would be much better. But prosecutors, like judges, there is a danger canned in its own system without any control and it was not changed, and their acceptance of the illegal and unjust decisions on someone’s orders then it will be difficult to correct. And there, and there is very difficult to pass between these two extremes.

Yuri V. started with some positive steps, private, essential, but how much he will be able to reform the system as a whole, we’ll see.

Everywhere very big problem with the staff. But by the way, if we talk about the staff, the best thing to do with this situation in the judicial system. There’s a lot more experienced and trained judges than the illiterate. But the trouble is that from the undue pressure that they get bored, they massively retire. And in a lot of police, who left because they did not want to undergo the procedure, which they were offered.

Although there is another point of view, they are weak people, once they had done so, and God is with them – and I fully understand it. Because it is a strong point of view: put on the form – to serve and to carry out all that is needed. And this is in fact the action of the Bible principle: “Do what you must, come what may.” And if you ran away, then you are a coward – that masculine approach. But such strong people very little, and those who is such, they are very uncomfortable, because they always do what they think is right, and not as orders superiors, and therefore always be under attack.

Ukraine News – From-UA: In one of the political talk show Verkhovna Rada Chairman Andrew Paruby called judicial reform – a major “victory” of the season in the parliament. Do you agree with this?

Evgeniy Zaharov: Unfortunately, he is mistaken. I appreciate the personal qualities of courage, integrity and honesty Parubiya, but I fear that he did not really understand the judicial system. And to say that judicial reform – a major victory in parliament, it is a mistake, in my opinion. Because in fact what happens is that the judicial system is now collapsing under the influence of such reforms.

Here is a very difficult task. On the one hand, the need to ensure the independence of the court, since it will not be open-minded and objective without it. If he is dependent, then it will be easy to pressure. But unfortunately, in this regard the so-called reform is quite Direction: they put the judges even more dependent than before. This is motivated by the fact that the judicial system – corruption, inadequate, does not meet the requirements of the time, and judges are flying all the accusations.

But I think that the judicial system is not more corrupt than any other in our country, and the fact that so judges are generally wrong. After all, judges are different: there is corruption, but there are those who will never take bribes, they just do not allow such cases, where they were waiting for the “right” decision.

So, unfortunately, judicial reform hinders the desire to take executive control of the judges. And whoever is in power, is manifested. With all the presidents since it was, and continues under President Poroshenko same. This is a big mistake, because it is impossible to treat with the judges, requiring them to take the “right” decision. This applies, above all, capital ships, the higher courts. The rest of the ships the same thing happens at the local level. And it turns out that judges are dependent, they are not free in their decisions. What judicial reform can be with such a situation? Yes, no, quite simply.

And then there was noticeably worsened access to justice by banning conventional lawyers, not lawyers, to take part in civil and administrative cases!

Ukraine News – From-UA: Yevgeny Yefimovich, what reforms are experiencing today, the Security Service of Ukraine?

Evgeniy Zaharov: With regard to the Security Service of Ukraine, the situation there is very bad, she did not reform. And today I can say that the greatest violations of human rights among law enforcement agencies come from the Security Service, which is very violates the right to liberty and security of person, the right to protection from torture and so many other rights. The balance between human rights and national security protection solutions quite clearly in favor of national security. And there are so many criminal enterprises, opened the SBU, which, to put it mildly, questionable.

What is happening there is, unfortunately, very often the real outrage. What could make more than once, considering the specific case of criminal prosecutions in the National Security Service. I do believe that this centaur – both intelligence and law enforcement authority – an anachronism, it is not normal, and this is not in any civilized country of the world.

We do not compare ourselves with Russia, we are talking about European countries. Intelligence agency must deal only with data extraction for senior government officials, her job – intelligence and counterintelligence. But the investigation of crimes – this is not her business. And if these functions have dramatically SBU take, it may be, would be transformed into a normal special service.

And today it’s just a body, which is taking advantage of its unique position, that is the main body for the protection of national security, which protects us against terrorism, which actually runs the ATO (and that’s how it is served) is really a body, for which there are very serious tyranny and human rights violations. security service need to take place to put it, and not the one that she now occupies.

Ukraine News – From-UA: What are the prospects in the law enforcement system you see in the near future?

Evgeniy Zaharov: I believe that the reforms could be done, it is a very real thing. But this requires a number of conditions.

The first – the mandatory funding. Here’s what the police reform can be done without additional funding, almost everything has already been done. But in order to move forward, we need the money, which is not. It is necessary to firmly grasp the rule: reforms cost money, and if you do not give money, the reforms will not. And those systems that need to be reformed, without the money will remain in its old state, and then rot.

And the second – political will is needed to implement these reforms. You need to have people who have a clear understanding and have a clear vision of what and how they want to do. To these were new teams that would have sufficient authority and political will to transform the system.

Police experience shows that this is possible in principle. But on the way people who do such things, a lot of difficulties, obstacles, problems. And of course, the reform of the law enforcement system of Ukraine – it is cleaning the Augean stables. And, nevertheless, the reforms could be done despite the fact that it was supported by the state and society, despite the fact that there is sufficient funding – it would all really.

But the obstacles are many: and the wrong political guidance on many issues, and the lack of funds, and perhaps most importantly – the lack of personnel.

Interviewed by Julia Protsyshena

Sourse, 20/07/2016

Instead, the right of profit operates in Ukraine

April 29, 2016

Rights principle does not work in Ukraine. State directs political benefit. A force opponents pressed.

This was stated by Evgeniy Zaharov, member of the Board of the Ukrainian Helsinki Human Rights Union, at a press conference the initiative group of “breast-Perche”.

“One of the main problems in the state and society – it is demagoguery and populism confidence that complex problems can be solved by simple methods In particular, the use of force Many individuals in their actions are guided solely by motives of political expediency and a desire to press their opponents tire out….. . them as far as possible they are not guided by the principles of law I want to emphasize that it is impossible to do so This is the road to a dead end is the way to defeat, “-… Zakharov said.

Recall, the participants of the initiative group “of breast-Perche” unveiled appeal “keep the state from self-destruction”, which called on the Ukrainian people to unite in the struggle for the state and the country’s leadership – to develop a new political system.

Sourse, 28.04.2016

The confrontation of political forces is a serious threat to human rights in Ukraine

January 5, 2016

2016, as the previous two years, will determine the continuing conflict in the east of Ukraine.This was reported by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, the situation with the provision of socio-economic rights of Ukrainians certainly improve if there will be positive developments in the economic sphere.

“A serious threat to Ukraine for Human Rights is a confrontation between the political forces, which leads to a loss of cohesion and possible political crises, worsening the situation as a whole. Unity us today is necessary, and I hope that the public will be able to overcome the calls for radical action, which we constantly hear today, “- said the expert.

As for the reform of the judicial system and law enforcement bodies, the human rights activist does not express much optimism: “There is, unfortunately, not been necessary conditions for this.”

At the same time, Evgeniy Zaharov expressed “very cautious optimism” about the fight against corruption in Ukraine.

“Those institutions that have started to work, in particular, the National Anti-Corruption Bureau and the Anti-Corruption Prosecutor’s Office, no longer able together to investigate corruption crimes. I hope that they will be successful in these matters, and it will not interfere with the obstacles generated by the unification of government and business. If these things can be diluted, then change for the better is possible, “- adds a human rights activist.

In general, according to Evgeniya Zaharova, 2016, as well as 2014-2015., Will determine the continuing conflict in the east of Ukraine.

“In those or other he will continue, God forbid, that these forms were more or less peaceful. From this it follows that Ukraine will be forced to live in such conditions, “- said the expert.

Evgeniy Zaharov also does not exclude the fact that “Naftogaz Ukraine” in 2016 received the first profit.

“We can expect that public procurement following the entry into force of the law, will not be as corrupt as before. And we can expect that will go on police reform, which in 2015 developed well and has the potential to become more successful “, – predicts a human rights activist.

Thus, it said Zakharov, if Ukraine will be able to avoid a large-scale military conflict, those areas in which the foundation was laid for the development, will be able to show positive results.

“I hope that the scale of the conflict will not be that he will be in the same form as now. Although this is, unfortunately, unlikely to save us from new victims “, – he summed up the expert.

Sourse, 04/01/2016

Sentsov and Kol’chenko may return to Ukraine

August 26, 2015

Sentenced to long terms of Ukrainian filmmaker Oleg Sentsov and activist Alexander Kol’chenko could theoretically be exchanged for captured officers of the Russian GRU. This was reported by a member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, lawyers and Sentsova Kol’chenko can seek the transfer of convicts to serve life in Ukraine.

“There is the Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of 22 January 1993. It provides for the transfer of prisoners to serve their sentences in the country of which they are. This good will of the two countries and this could be done on the basis of existing international treaties. But I have serious doubts that this is what happens. Because the Russian leadership this goodwill is simply no “, – Zakharov said.

The expert does not consider Sentsova and Kol’chenko first political prisoners of Ukrainian citizens on the territory of the Russian Federation. According to him, this is not the first case of conviction of political prisoners in Russia, because the country are persecuted and convicted a number of Russian activists and ordinary citizens of Ukraine, who were persecuted for their political beliefs and statements.

Processes themselves human rights activist believes that it is political.

“The process Sentsov-Kol’chenko, as well as in respect of Hope Savchenko, Russia wants to demonstrate that it is, as before, does not consider Ukraine’s independence, has no respect for its sovereignty and believes that it can bring them to trial Ukrainian citizens on trumped-up charges and accuse them in such crimes. This is all in line with the policy that recently the Kremlin is on Ukraine “, – Evgeniy Zaharov believes.

According to human rights activist Oleg Sentsov Alexander Kol’chenko Nadezhda Savchenko and may be released only in the event of a change of political regime in Russia, when they reviewed the criminal cases pending against them. At the same time, he did not rule out the possibility of a prisoner exchange.

“Between Russia and Ukraine, there may be political agreement on the exchange of prisoners, similar to how the Soviet Union exchanged spies in the Soviet political prisoners. Thus, in particular, have been released and went to the West , Vladimir Bukovsky , Mykola Rudenko and other dissidents and human rights activists.

“It’s hard to say, to whom can exchange convicted Sentsova Kol’chenko and, as a matter of trading. The fact that the process of international exchange of prisoners and the people completely secretive and the public does not take part in it. In Ukraine, it is engaged in the Security Service, or rather it is more of a performer, and the main issues are addressed at the highest level of political leadership. But such exchanges happen all the time. Theoretically, Sentsova, Kol’chenko or Hope Savchenko can exchange for the detainees in the ATO zone GRU officers of the Russian Federation. However, I’m not sure this is 100%, “- concluded Evgeniy Zaharov.

Recall, August 25, the North Caucasus District Military Court in Rostov-on-Don convicted in relation to Ukrainian director Oleg Sentsova on charges of planning terrorist attacks in the Crimea. The second defendant – activist Alexander Kol’chenko – found guilty of involvement in the terrorist community, complicity in a terrorist act.

The Ukrainian Foreign Ministry has called illegal and inhumane sentence Russian court in the case of citizens of Ukraine Oleg Sentsova Kol’chenko and Alexander, who were sentenced to 20 and 10 years imprisonment respectively.

Sourse, 25/08/2015

Результаты поиска:

Mixed hatchet and a scalpel

May 23, 2017

So in a nutshell, nA my opinion, can be characterized by a decree of President of Ukraine “On the decision of the National Security and Defense Council of Ukraine of 28 April 2017” On the application of personal special economic and other restrictive measures (sanctions), “which introduced a one-year (or three years, five years, indefinitely -. to each his own), various restrictions on the 468 legal entities and 1228 individuals About this in his blog on the NRwrote the well-known human rights activist, member of the Board of the Ukrainian Helsinki human Rights Union, the head of Kharkiv Human Rights Group Evgeniy Zaharov.

The following is the opinion of human rights activist:

Let’s try to argue from a position of affirmation and protection of human rights, which, according to Article 3 of the Constitution of Ukraine, is … the primary responsibility of our state.

According to the second part of Article 22 of the Constitution: “With the adoption of new laws or amending existing laws are not allowed narrowing of the content and scope of existing rights and freedoms.” At the same time it is obvious that imposed by the Decree (ie, the act is not even legislative and executive authorities) sanctions restrict the key rights and freedoms guaranteed by the Constitution: the right of ownership (Article 41) and / or freedom of information (Article 34) and / or creative freedom (article 54), and in respect only of individuals – even and / or the right to respect for private and family life (article 32) and / or freedom of movement (article 33).

In order to determine whether the restriction on the right (freedom) justified and valid, it is necessary to turn to his assessment on the basis of principles of the European Convention on Human Rights in 1950 Namely, the restriction of rights must be based on law, pursue a clearly defined goal of Limitations of fundamental law of Ukraine a list of objectives and be proportionate (adequate) in relation to the alleged threat was detected.

In any case, the effects of restrictions on rights and freedoms must bring less damage to society and the individual than the full implementation of the subjective right in its former, that is full. In our case, as far as can be judged, run by a presidential decree limiting the rights and freedoms formally based on the Law of Ukraine “On sanctions” on August 14, 2014, are intended to protect national security (or other objectives listed in Article 1 of the Law “On sanctions” ).

As for the answer to the question whether the rights and freedoms within an acceptable scale violated, the answer can only distance a thorough analysis of the proportionality introduced restrictions stated objectives. Such an analysis, which is very important, must be carried out with respect to each of the listed individuals and entities. In this case, a number of rights may be restricted only after a court decision to impose such restrictions. In any case, the principle of the rule of law requires the State and its agents provide a convincing argument in favor of the need to limit the rights.

Strictly speaking, to restrict the constitutional rights can only be in that case, if no such restriction is really impossible to do. Such a requirement is contained in the well-known presumption: based on the law and the court sanctioned restriction of the right should be recognized as “necessary in a democratic society”.

Whether in this case complied with the required procedure? I suppose not, but was glad to be wrong.

List of individuals to sanctions, including not only the citizens of Russia, but also in other foreign countries. It also got some Ukrainian citizens. We are talking about people living in the occupied territories as the Crimea, Donetsk and Lugansk regions and the territories controlled by the Ukrainian government. And I do not understand how in regard to the latter can act without prior court decision is most often found in the list of restriction of their property rights.

We are talking about blocking assets as a temporary restriction of a person the right to use and dispose of property belonging to him. Such a restriction may be regarded as an infringement of the fundamental right to private property is permissible only in the case of introduction of a state of emergency.

For example, a citizen Zagnibeda KG (№210 in the list), registered and residing in Slavyansk, should, it seems, for a year to get away from his home? And where? The all-knowing Google said that Mr. Zagnibeda born in 1963 – is an entrepreneur, the owner of the LLC “ZAGNIBEDA LTD” with the main activity:. “The production of plates, sheets, tubes and profiles made of plastics.”

In 2015, he ran for city council Slavic, being number 12 in the list of “Ukrainian parties honor the fight against corruption and organized crime.” More than anything substantive, I have not found, so to see at least a hint of why in this case to impose sanctions, failed. It is clear only that, apparently, during the occupation, Mr. Slavyansk Zagnibeda aggressor is not promoted, otherwise would have been prosecuted.

The list of legal entities – offshore companies, banks, airlines, industry, particularly engineering, enterprise, television and radio, social networking, and other services (cloud storage, navigation, music, etc.), software developers (hereinafter – Software) … Many of them have Ukrainian registration, they are in Ukraine and employ ordinary citizens of Ukraine.

Puzzling hit by sanctions of the Russian company “1C” and its Ukrainian representative office of LLC “1C Multimedia Ukraine”. Accounting computer system 1C uses 80% of Ukrainian enterprises of small and medium-sized businesses, the majority of public organizations.

It appears that in this case it is necessary to have very good reasons for decisions on sanctions, the data base must be sure to explain to the population. In general, a review of Ukrainian software development companies have come under the sanctions shows that they all have one similar trait – are subsidiaries or representative of the Russian companies. Is this the only and therefore sufficient from the point of view of the authorities, the legal basis?

Let’s consider the well-known company OOO “Parus-Ukraine”, working on the Ukrainian market since Soviet times. Referring to its website: parus.ua. The main activity of the group of companies “Sail” – the development, promotion and implementation of software for enterprise management. Today, the company – one of the largest software companies in Ukraine, developing business management. In addition to the development of the Center, for the period of its operation, the central office has developed a strong regional network of over 28 regional offices (see. №№ 443-468 in the legal list. Of persons) and more than two dozen dealers. The number of employees is more than 550 professionals, of which more than 250 are working in Kiev.

“Sail” Number of product installations exceeds 200,000, the software operates in more than 20,000 organizations. Users of software products “Sail” is the enterprise telecommunications, large industrial companies, oil and gas companies and thermal power complex, trading companies, insurance, credit and financial companies, design and construction organizations, enterprises transport and logistics, printing companies, publishing and media, restaurant complexes, cafes, bars, pubs, pizzerias, hotels, boarding houses, recreation, night sports and fitness clubs, entertainment centers, water parks, sire structure governmental administration, ministries, departments, committees, universities, medical and health institutions.

At the same site, “Sail” claims that his clients include 80% of the main managers of budgetary funds, including, in particular, the Ministry of Defense, Ministry of Internal Affairs, State Border Service, the regional management of the State Migration Service and emergency services, “Ukrtelecom” “Ukrnafta” SDO “Yuzhnoye”, National school of judges, and many other government agencies.

So it does not surprise me an urgent message on the official website, which appeared May 16 immediately after the release of the Decree, which reads as follows: “Sail” – a group of Ukrainian companies! Information about this can be found on the website under parus.ua “Copyright and Permissions”. Hit in the sanctions list in respect of the group of companies “Sail” is not valid, we will be challenged and is perceived by us as pressure.

And I was not surprised by the appearance of proposals to use all soon any new software products of Ukrainian origin, instead of products 1C, “Sail” and other subsidiaries of Russian software developers. I would like to still hear the explanation why many software developers to apply such a truly draconian restrictive measures.

But imposing sanctions on companies such as “Doctor Web”, “Kaspersky Lab” and their Ukrainian representative offices as no surprise. I had a lot to hear from system administrators familiar that these anti-virus programs as mail.ru complex can not be used, because they are engaged in espionage, embedded in the operating system of aggressive, damage the installation browser, install bugs and illegally collect information without permission and warn users.

In particular, personal information, financial records, data on the location, movement, and the like. The illegal collection of personal data and use them to the detriment of Ukraine also blame social networks “in contact” (VC) and “Classmates” (OK). In particular, the military claimed that the publication of photos of its soldiers in social networks sometimes leads to their death.

If the appeal to the social networks of people involved in the public sector, has brought serious harm to the national security and other public interests listed in Article 1 of the Law “On sanctions”, the restriction of access of civil servants and all other people working in state institutions, seem justified. But whether the state can restrict access to social networks of millions of people, to do with the public institutions do not have? I think it is – a massive violation of the right to privacy and freedom of expression.

The impression is that the imposition of sanctions is motivated primarily by some purely private, commercial and economic interests, and seeks to harm the financial interests of specific companies. In this vein, the sanctions would contribute to both the development of Ukrainian business. For example, as you know, “Yandex” and other Russian companies have brought down Ukrainian advertising market on the Internet and drove with him Ukrainian competitors. Sanctions will remove from the market “Yandex” and others. But it does benefit from that Ukrainian consumers? All this looks very doubtful and uncertain …

And I was wondering if anyone thought about the people who use “Yandex-purse”? For example, they can take in case of need their money? Or initial calculation was that the ban on access to web resources and easy to get around because all who need to quickly learn how to do it? This is indicated by many defenders of Presidential Decree – he, they say, is not directed against users, but against the companies, and that in our democratic state, no one will interfere with the VC and UC fans enjoy this personification of “Russian world”.

But older people remember well how quickly passed us by “enemies uneshnih” to “enemies unutrennim”. Here and now there are voices, including some active deputies, that you need to watch out for those who violate the decree and to hold them accountable. Our state has long dreamed of control over the internet, there have been several attempts to establish it. As long as they did not work. But to deal with the introduction of Internet control under the pretext of protecting information security during the war with the Russian aggressor will be more difficult. In any case, I really do not want to Ukraine in the national security services is easily confused with a rusty ax a surgical scalpel.

Sourse, 22/05/2017

Why “Savchenko law” did not need

May 22, 2017

“Savchenko Law” in Ukraine was canceled because it was no longer necessary. Prisoners who could list the period they were released or left to sit much less.

This edition Gazeta.ua said May 21 Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group.

“Law Savchenko” long wanted to cancel. And it happened. He played a role. It was difficult to differentiate for whom he acted. Therefore, it is easier to cancel than to change it for something. Everyone who could be counted period, then they have listed. Someone ended term of imprisonment or decreased significantly. For its abolition outweighed the negative attitude in the society to the fact that the release of prisoners, and the appearance of rejection Hope Savchenko. “

The law does not provide clear guidance on how to act with people who put life:.. “Do not take into account only the situation with the prisoners, which condemned the life one listed, while others refused because they thought that they are the law does not apply was discussion on about it. In the framework of “law Savchenko” would replace a life sentence for a specific sentence. But with the abolition of the law of the matter was dropped. “

In general, “the law Savchenko” had more positive than negative: “The law reduces the time of those who were in remand prisons with appalling conditions also for those who are convicted of the Code, which was in force until November 2012. Then it was possible to send the case to the.. . for further investigation and the suspect remained in jail for 7-10 years in pretrial detention were men 3-4 times more than the intended place of some forced to sleep in the same bed or in turn, poorly fed These conditions -.. Therefore, for the torture. “Savchenko law” be considered the year in Jail in prison was just over 2 years.

Now there are prisoners who have been tried under the old Code, the nearly empty prison. The conditions in the prison became a little better, though, if only because there is no overcrowding. The new code can be kept in the remand prison of the people can be punished at least 5 years imprisonment.

Negativity of the law there were some prisoners who were sitting at a fairly violent crimes and came much earlier on will than need. Some of them commit crimes again, but it’s not the fault of the law. “

Recall May 18 the Verkhovna Rada has supported the abolition of the so-called “Savchenko law.” He acted with the December 24, 2015. Terrible condition of detention centers and the conditions in which people with respect to which there is a consequence and court, have become the main motive for the adoption of this law. During the operation of the law 10.2 thousand. Inmates released early. Of these, 1.5 thousand. Went back under arrest and trial. We predicted that under this law, to freedom had to get another 34 thousand. Prisoners.

Sourse, 21/05/2017

I do not see any improvement in the human rights situation in Ukraine

May 15, 2017

– Last year in Ukraine, there were signs of improvement in the economy. Increased currency reserves, improve social standards. But I do not see any improvement in the human rights situation, – said the head of the Kharkiv Human Rights Group, a board member of the Ukrainian Helsinki Human Rights Union Evgeniy Zaharov .

– For example, police reform stalled. And for good reason. Only in October last year raised the salaries bulk of police – investigators, operatives, the local inspector. And before they received much less patrol. Disappeared motivation to work. Shortage in the areas reached 30 percent. It does not have someone to work with.

– What should I do first?

– Who have the opportunity to continue to change. First of all, in the criminal section. Most necessary for today – the reform of the Criminal Investigation and the investigation.

– What are the effects of human rights guard the most?

– The lack of mercy on the part of the state to its citizens. Everything comes from poor governance.

Recently I spoke to the chief doctor of the psychiatric hospital of Kharkiv. He said that from the budget to the patient per day on food are seven hryvnia for treatment – six. On drugs means no. The institution of the situation so decide. Privileged categories, war veterans or consumptive assigned 56 hryvnia powered. Their pros and divide at all. Also, spending on food by all means from the paid services that an institution provides to citizens. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

Clearly, the war takes more resources. But you can not treat people like this.

– whether the police are changing?

– It is not that they do not do anything. But they are ineffective. Prosecutors complain that police salary is more than theirs. But the re-certification of police virtually failed. Because it was carried out on the basis of ill-prepared legal act. As a result, one could appeal against the dismissal in court.

– Torture, hanging Affairs on the innocent, knocking indications left?

– It was less. The new Criminal Procedure Code contains many fuses from bad behavior, torture and the like. For example, to detain a person, you need the sanction of the investigating judge. Also, there is a norm of getting free legal aid to those who can not afford a lawyer.

If the victims of violence were about a million in the police in 2011, the year before – 409 million. The number of those who have experienced torture, reduced from 113 thousand to 62 thousand. But it’s still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– Applications become greater. Because the added complaints related to the military conflict in Donbas. For example, former prisoners of war and civilians complain of unlawful deprivation of liberty, torture. Only our organization in the past year, has written more than 200 such applications. More than 300 – colleagues from the Ukrainian Helsinki Union.

Many cases involve loss of property as a result of hostilities. This is an obvious violation of property rights. The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. People can not get a refund from him, turning to the European Court. You can file lawsuits against Russia as an aggressor against Ukraine – for inaction. When there is evidence that it is your property, an application to the European Court prospectively. Some applicants were denied because they only sent photos of destroyed houses. And the documents that would confirm the right of ownership, could not provide because they have destroyed, along with housing.

Sourse, 14/05/2017

On the situation with human rights in Ukraine in 2016

March 8, 2017

Board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group Evgeniy Zaharov believes that the situation with human rights in Ukraine has not improved in 2016.

This he said in an interview Gazeta.ua .

– Last year, the country was undergoing improvements, – says human rights activist. – the beginning of macroeconomic stabilization, increased currency reserves, rising social standards. That is, there are signs of an improving economy. But no progress on improving the human rights situation, I do not see. For example, police reform stalled. And with good reason. Just last year, in October raised the salaries of investigators, detectives, district inspectors. And before they received significantly less than patrol. And this situation was abnormal. Because motivation is gone to work. Shortage in branches reached 30 percent. There was no one to work.

– What is the first thing to do?

– Who have the opportunity to continue the necessary changes. First of all, in the criminal section. After all, the reform of the Criminal Investigation and the investigation to date is the most necessary. Last year in this sense has been lost – due to lack of funds. Because starting any changes when there is insufficient funding law enforcement, against the loss of motivation of employees, is futile.

– What are the effects of human rights guard the most?

– Everything goes from inefficient style of governance. Offer to introduce the patrols, which will check whether all the work in the state. The urge to check the place of residence of immigrants, or to find out who receives a pension in Ukraine and ORDLO. This attitude of the state to the people wrong.

Recently I spoke to the chief doctor of a mental hospital in Kharkov. He said that the budget mentally ill on the day of release at 7 hryvnia food, medical treatment – 6 hryvnia. Therefore, the necessary funds are no drugs. As he comes out of the situation? Privileged categories, for example, consumptive or war veterans, 56 hryvnia relies on food. He divides all the advantages and all. In addition, it leads all money for food from paid services provided by the institution for citizens. Has established strict control over the catering department. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

It is clear that we have a war going on, it takes more resources. But you can not treat people like this. I think the main problem of human rights in Ukraine, the lack of humanity and compassion on the part of the state to its citizens.

– whether the police are changing, prosecutors, other law enforcement agencies?

– To say that they really do not do anything, you can not. But they perform their functions effectively, taking into account the realities. Prosecutors now want to get a big salary. They complain that the police are getting more than they do. But the re-certification of police virtually failed. Because it was carried out on the basis of a legal act that is poorly prepared. As a result, anyone who did not pass re-certification could appeal against his dismissal in court. Thus almost all the security officers returned to their posts. It is simply a profanation, not reform. Re-certification does not become a means of purification of the police.

– That is, such things as torture, hanging Affairs on innocent knock readings were?

– It was less. In particular, because the new Code of Criminal Procedure contains a lot of fuses with respect to mistreatment, torture, and the like. For example, to detain a person, authorized by a judge need an investigator. In addition, there is a norm of getting free legal aid those who can not afford to hire a lawyer. It is also a preventive tool. Finally, the court will not accept evidence obtained during the investigation. If it was about a million, then in 2015 in 2011 the victims of violence by the police – 409 thousand. Number of victims of torture has decreased from 113 000 to 62. But this is still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– statement was more because added complaints related to the military conflict in Donbas. It is, for example, prisoners of war – both military and civilian. They complain about the unlawful imprisonment, detention, torture, and the like. Only our organization in the past year, has written more than 200 such applications. More 300 – from our colleagues from the Ukrainian Helsinki Union. In addition, many of the rights violations associated with the loss of property as a result of hostilities. This is an obvious violation of property rights. Because people can not obtain compensation from the state, then turn to the European Court. The practice of national courts in this contradictory. Some courts satisfy the claim, when shelling destroyed houses and other refuse. When there is evidence that it is your property, the application to the European Court prospectively.

The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. You can file claims against the Russian, as it is the aggressor and against Ukraine – for inaction.

The Court considered the first such case. Some applicants were denied because they did not provide evidence that the property belongs to them. Sent photos of destroyed houses and the thought that this is enough. A document failed to provide, as they destroyed along with houses.

– What are the consequences of the application of the law Savchenko?

– I do not think that the worsening crime situation is directly related to him. This is confirmed by criminological research.

Sourse, 7/05/2017

Information about the doctrine of Petra Poroshenko

February 28, 2017

Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union (UHHRU), director of the Kharkiv Human Rights Group, said the anti-democratic decision of the Decree of the President of Ukraine Petro Poroshenko, regulatory monitoring of the media and the public resources of the Internet to identify information that is banned in Ukraine.

This was a human rights activist told the Ukrainian News agency.

“It is anti-democratic decision. I have over 20 years of struggle with such tendencies and still I managed such a thing to stop. Now it will be very difficult, because behind this, in my opinion, totally mistaken idea that it is necessary to fight the enemy. For fight the enemy must be quite different, “- he said.

Such a decision will only search for the enemy within the country and fight against it.

According to him, media monitoring and public Internet resources affect the freedom of the media.

“Will, of course, in a different way does not happen It (impact) will be expanded.” – he said.

Zakharov added that such a practice exists in Russia, China, Belarus, and not in the free countries.

“It’s just nonsense,” – he added.

The human rights activist believes that such an order is a mistake of Poroshenko and those who support it, because they do not understand the nature of information relations.

Recall President Petro Poroshenko instructed the Ministry of information policy to seek information in the media prohibited.

Earlier Poroshenko instructed the Cabinet to develop a bill that will be possible to lock the sites by the court .

Sourse, 27/02/2017

In February it will be known the new head of the Ukrainian National Police

December 26, 2016

Ukrainian Interior Minister Arsen Avakov announced a competition for the position of head National Police that occupy Khatia Dekanoidze until November. Who joined the Board on the selection of candidates? How will decisions be made?

The competition jury composed of experts from Canada, the US, Denmark and Ukraine.

On the phone with “Gromadska radio” MVD Director of Communications Department Artyom Shevchenko and a member of the competition committee, the founder of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov .

Irina Sampan: How will the competitive commission? It will be ensured transparency of the competition?

Evgeniy Zaharov: Now the candidates submit their application – CV and motivation letter. All received materials are translated into English and simultaneously transmitted to all members of the commission – Ukrainian and foreign. We will study and prepare materials for the meetings – the first will be held on January 18.

the primary analysis will be carried out, whether to send the summary of the qualifications for the post head Natspolitsii contained in the law – a full law degree, not less than 7 years of experience in the legal field and 5 years of managerial experience.

Prior to the first meeting of all candidates pass the test on the General Skills (general skills – Ed.) – the ability to think logically. The same test, which all police officers at recertification.

And the results of these three sources – resume, cover letter, and test – Commission will examine each candidate and ballot to decide whether he will be admitted to the interview. For each will vote personally. All this will be recorded on video, and who wants to be able to see. We just have not decided whether to make a shot in real time or recording and display afterwards.

Irina Sampan: Interviews with candidates will be carried out the commission?

Evgeniy Zaharov: Yes. All candidates will be asked the same questions, so that they are on an equal footing. It will surely be recorded on video and then you will see. After the interview, the commission will select the best three candidates and will give the Interior Ministry, whom she recommended to assign. The minister will have to choose from these three candidates.

Tatiana Troschinsky: The final word of the Minister of the Ministry of Interior ?

Evgeniy Zaharov: Yes, it is legally wrong. The minister is one candidate to the government, the government of his claims.

Irina Sampan: Can be applied to this competition a former policeman, who did not pass the re-certification?

Evgeniy Zaharov: No they do not interfere. But if they had a bad result on the test, why they do it. We introduced the test as a formal evaluation of the candidate’s ability to think. The Commission considered that it is a necessary condition. If a person can not think logically, he can not apply for this position.

Tatiana Troschinsky: In addition to these formal things that the law says that you define important? That may affect your choice to vote or not to vote for the candidate?

Evgeniy Zaharov: There are requirements to the candidate, expressed in the law – a good reputation, high moral qualities. Speaking for myself personally, their preferences – for me it will be very important if the candidate has not been seen in the human rights violations in the past. How he showed earlier in his work.

The interviews will be sufficiently deep and detailed, so that all of this will reveal. His qualities as a manager, communication with people and staff, ability to work in conditions of risk, uncertain environment with incomplete information, the propensity for innovation, creativity.

I also want to emphasize that the norm in the law of at least 7 years of work in the field of law is only at first assumed policing. And it was I who introduced the amendment to the bill that you need to expand the pool of candidates. What should be lawyers, not the police – it may be prosecutors, tax. As Artem Sitnik, who was a very decent and a good candidate for the post of head of the National Anti-Corruption Bureau. bidders circle should not be limited to the police around.

Irina Sampan: When the Commission will submit to the Minister Interior Ministry candidates recommended for the post of Natspolitsii?

Evgeniy Zaharov: The timing is now difficult to say, because it is not clear how many will be applications. If, for example, 200, the operation may take a week. Everyone needs to read, to think, to study, you have to vote for each candidate. Maybe I’m wrong, is a bit of candidates, and we are the first three days have time to do all this. But I think that it is doubtful, and we move on to the next week (after the first meeting on 18 January – Ed.).

Irina Sampan: How many applications have been filed?

Evgeniy Zaharov: Five days ago there were six. This is the ones translated into English and sent to all candidates. It’s Christmas, the intensity of a halt. I think that most of the applications will be after the New Year.

Sourse, 25/12/2016

Why was considered normal “squeeze” the property from the separatist?

November 29, 2016

Fighting in eastern Ukraine led to a significant deterioration of the situation with human rights, including, new extraordinary precedent that did not previously exist in Ukraine. This was stated by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union and the head of Evgeniy Zaharov the Kharkiv Human Rights Group, in an interview , “Gromadska” .

Zakharov said that the first cases of human rights violations related to the situation in the Donbas is to start from the militants, who were persecuted, detained, tortured and killed patriotic citizens. Subsequently, this led to the fact that the Ukrainian military began to use similar methods.

“In response to some of our volunteer teams to see this attitude, we began to operate symmetrically. Torture of prisoners took place, and some were tortured to death. Also killed prisoners. It came into use words such as “pressing”. Why was considered normal “squeeze” the property from separatist, if the separatists. Car, home pick up. This is not a crime if it is an enemy, “- said Zakharov.

The human rights activist noted that a significant part of society “meaningful or not it supports violence against the separatists.”

In addition to Ukrainian volunteer battalions, disturbances in the form of torture is also used employees of the Security Service, as evidenced by the reports Ukrainian Commissioner for Human Rights and the report of the Human Rights Defenders Amnesty international and Human rights watch.

According to Zakharov said that the Ombudsman’s report says that the greatest number of complaints (39%) related to the use of torture was applied in respect of the SBU.

“The Security Service torture detainees, it is not known where they are kept. In fact, according to the law of the SBU, and in the law on pre-trial detention was not a word about the fact that SBU can have investigative detention centers. If they are, then they are illegal, “- he stressed.

Zakharov also mentioned that persons detained in connection with allegations of investigative jurisdiction of the SBU, is charged with terrorism, separatism gosizmenui.

Sourse, 28/11/2016

The biggest violation of human rights among law enforcement agencies come from the SBU

July 21, 2016

What reforms have taken place in the judicial system of Ukraine during the reign of the new government and President Poroshenko and what prospects are opening up in the power department in the near future in an exclusive interview to the online edition of the Ukrainian News – From-UA has told the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, Director of the Kharkiv Human Rights group Evgeniy Zaharov.

Ukraine News – From-UA: Eugene E., good afternoon! What changes do you see in the law enforcement system since the arrival of the new government? The police, the prison service, the prosecutor’s office, the courts, the Ukrainian Security Service?

Evgeniy Zaharov: You see, in fact, comprehensive reform of the entire system of criminal justice, unfortunately, is not happening.

There are some changes in the police, which no longer exists, since the 7 th November 2015 it was replaced by the police.

A new patrol police in the 35 cities of Ukraine, except in rural areas set up, tested, tested and is now being implemented – a new model of public order, based on the rapid response groups. It was first in Sambor, then another nine district department, and then the model has been implemented in three areas since February 2016 years: in Kyiv, Kharkiv and Lviv, most recently in the Khmelnytsky and is now preparing to Volyn. That is, there is reform.

Nevertheless, we must clearly understand that this is only part of the police, which deals with the protection of public order and that has not affected the criminal unit, departmental system of medicine and education. And still a lot to do in order to continue to pursue this reform sequentially.

A major obstacle to this – is a lack of funding. The budget of the police and the Interior Ministry as a whole is very much curtailed, and a situation where a young patrol, who studied for three months, six months or a year of work, and get a much higher salary than the investigators or investigators with experience of 10-15 years – it’s not normal, so do not be must. But the funds to fix it, to raise the salary of those who have passed the certification, simply do not have today. And this is one of the main obstacles of the reform.

If we compare the way that we run the 100m, the 15 meters we already ran. But we need to run further and do not stop, because any stop will be fraught with the fact that all these improvements will be leveled. And the existing police system, which, alas, yet will not go away (because in many ways it continues to persist and everything appeared new can adapt to fit your habits and rules), will remain the same. This danger is, and it must be clearly understood. Because it can not police with a salary of 3-4 thousand hryvnia per month, especially in the big cities, to feed his family, and this will inevitably push him to some other acts of unlawful ways of earning.

If we talk about the prosecutor’s office, the courts, the prison system, the SBU, in my opinion, were only trying to initiate reforms in these bodies, but they failed. More specifically, I am referring to the prosecutor’s office and the courts, because what was done was done poorly. But it has its own reasons, and they can be viewed separately.

Beginning of the reform of the penitentiary system changes the structure of the State Penal Service and not for the actual penal institutions. That is life in the colonies so far has not changed the fact that these reforms have begun. And in fact, here you need to change a lot in practice and in law. But these changes are very difficult, they are harder to do than the police or the prosecutor’s office.

The order, which was formed there, break is not so easy, and if it is broken, then the situation in the colonies will be even worse, because they are financed disgusting. For them, the budget recorded two times less than you need, and they eventually receive half of that half. And actually financed at 25%, only to escape the fact that in each colony are looking for some way to make extra money. And where the administration of the colony successful, there is a better, where unsuccessful – there is worse.

A lot depends on whether the colony is “on the ground”, for example, as it can grow their own fruit and vegetables, in addition to budgetary allocations. And if they still grow and sell, so it’s even better.

And if it’s industrial zone, and there is something made, as is known, such a forced labor – not very productive, and businesses which employ convicted, it is difficult to compete. There’s basically an old worn-out equipment, old dirty technology … But this is a business that is closed from public scrutiny, and there occurs a serious enrichment of those who supervise them, despite the fact that the prisoners themselves receive a penny. And cut this Gordian knot is not possible, because simply these colonies is nothing to exist, even though a significant portion of the money takes the administration of enterprises, which are created when the colonies. Still, at least something, but remains a prisoner. If it will not, the situation will worsen significantly in the colonies. So just this problem can not be solved,

As for the prosecutor’s office – as long as I do not see major changes. It only point changes on staffing levels, or in some individual cases. But they are after the new Attorney-General, and should welcome the fact that he was engaged in such things – the most severe human rights violations in an attempt to eradicate them. Such as, for example, long-term maintenance portion accused detained in prison without penalty. You can also welcome his desire to make personnel changes. But in fact this is just all half-measures, and serious reform of the prosecutor’s office has, in fact, did not start. There is a problem with the presence of the frame, as is the case with the police and the prison system.

Ukraine News – From-UA: Over the past few years, we have changed three times Attorneys General. What is the reason, in your opinion?

Evgeniy Zaharov: This is due to the fact that they could not cope with the tasks that they are being given society and what is waiting for them. They have not been able, nor Oleh Makhnitskyi nor Yarema nor Shokin, to investigate crimes on the Maidan in full. And indeed they were unable to carry out any reform or change the entire system of prosecutors.

One of the reasons lies in the fact that all prosecutors are accountable to the President, and they worked in manual mode. I do not know if it’s true, but argue that the Attorney General Shokin literally daily reports to the President about the work that he did. That is, he received direct orders, what to do in any given situation, and be accountable for it.

It is this dependence Attorney General from the main official in the state – it’s completely normal. This is our problem: our political forces want to control the courts, prosecutors, law enforcement agencies and use them as an instrument for solving their political problems. It should not be. And it was when all power, a greater or lesser extent, and now it continues. And in this conflict and tied inside the prosecutor’s office, for example, Deputy Attorney General Kasko, Sakvarelidze and with so many such things.

That will be obtained from Lutsenko how he will behave in this situation, it is difficult to predict. But it is also clear that there have been delivered as a person close to the president, the former head of PPO fractions, and again you can expect from it will require certain actions in certain cases.

In general, public prosecutors should be independent, as well as the judges. And if that were the case, and they are not crushed, it would be much better. But prosecutors, like judges, there is a danger canned in its own system without any control and it was not changed, and their acceptance of the illegal and unjust decisions on someone’s orders then it will be difficult to correct. And there, and there is very difficult to pass between these two extremes.

Yuri V. started with some positive steps, private, essential, but how much he will be able to reform the system as a whole, we’ll see.

Everywhere very big problem with the staff. But by the way, if we talk about the staff, the best thing to do with this situation in the judicial system. There’s a lot more experienced and trained judges than the illiterate. But the trouble is that from the undue pressure that they get bored, they massively retire. And in a lot of police, who left because they did not want to undergo the procedure, which they were offered.

Although there is another point of view, they are weak people, once they had done so, and God is with them – and I fully understand it. Because it is a strong point of view: put on the form – to serve and to carry out all that is needed. And this is in fact the action of the Bible principle: “Do what you must, come what may.” And if you ran away, then you are a coward – that masculine approach. But such strong people very little, and those who is such, they are very uncomfortable, because they always do what they think is right, and not as orders superiors, and therefore always be under attack.

Ukraine News – From-UA: In one of the political talk show Verkhovna Rada Chairman Andrew Paruby called judicial reform – a major “victory” of the season in the parliament. Do you agree with this?

Evgeniy Zaharov: Unfortunately, he is mistaken. I appreciate the personal qualities of courage, integrity and honesty Parubiya, but I fear that he did not really understand the judicial system. And to say that judicial reform – a major victory in parliament, it is a mistake, in my opinion. Because in fact what happens is that the judicial system is now collapsing under the influence of such reforms.

Here is a very difficult task. On the one hand, the need to ensure the independence of the court, since it will not be open-minded and objective without it. If he is dependent, then it will be easy to pressure. But unfortunately, in this regard the so-called reform is quite Direction: they put the judges even more dependent than before. This is motivated by the fact that the judicial system – corruption, inadequate, does not meet the requirements of the time, and judges are flying all the accusations.

But I think that the judicial system is not more corrupt than any other in our country, and the fact that so judges are generally wrong. After all, judges are different: there is corruption, but there are those who will never take bribes, they just do not allow such cases, where they were waiting for the “right” decision.

So, unfortunately, judicial reform hinders the desire to take executive control of the judges. And whoever is in power, is manifested. With all the presidents since it was, and continues under President Poroshenko same. This is a big mistake, because it is impossible to treat with the judges, requiring them to take the “right” decision. This applies, above all, capital ships, the higher courts. The rest of the ships the same thing happens at the local level. And it turns out that judges are dependent, they are not free in their decisions. What judicial reform can be with such a situation? Yes, no, quite simply.

And then there was noticeably worsened access to justice by banning conventional lawyers, not lawyers, to take part in civil and administrative cases!

Ukraine News – From-UA: Yevgeny Yefimovich, what reforms are experiencing today, the Security Service of Ukraine?

Evgeniy Zaharov: With regard to the Security Service of Ukraine, the situation there is very bad, she did not reform. And today I can say that the greatest violations of human rights among law enforcement agencies come from the Security Service, which is very violates the right to liberty and security of person, the right to protection from torture and so many other rights. The balance between human rights and national security protection solutions quite clearly in favor of national security. And there are so many criminal enterprises, opened the SBU, which, to put it mildly, questionable.

What is happening there is, unfortunately, very often the real outrage. What could make more than once, considering the specific case of criminal prosecutions in the National Security Service. I do believe that this centaur – both intelligence and law enforcement authority – an anachronism, it is not normal, and this is not in any civilized country of the world.

We do not compare ourselves with Russia, we are talking about European countries. Intelligence agency must deal only with data extraction for senior government officials, her job – intelligence and counterintelligence. But the investigation of crimes – this is not her business. And if these functions have dramatically SBU take, it may be, would be transformed into a normal special service.

And today it’s just a body, which is taking advantage of its unique position, that is the main body for the protection of national security, which protects us against terrorism, which actually runs the ATO (and that’s how it is served) is really a body, for which there are very serious tyranny and human rights violations. security service need to take place to put it, and not the one that she now occupies.

Ukraine News – From-UA: What are the prospects in the law enforcement system you see in the near future?

Evgeniy Zaharov: I believe that the reforms could be done, it is a very real thing. But this requires a number of conditions.

The first – the mandatory funding. Here’s what the police reform can be done without additional funding, almost everything has already been done. But in order to move forward, we need the money, which is not. It is necessary to firmly grasp the rule: reforms cost money, and if you do not give money, the reforms will not. And those systems that need to be reformed, without the money will remain in its old state, and then rot.

And the second – political will is needed to implement these reforms. You need to have people who have a clear understanding and have a clear vision of what and how they want to do. To these were new teams that would have sufficient authority and political will to transform the system.

Police experience shows that this is possible in principle. But on the way people who do such things, a lot of difficulties, obstacles, problems. And of course, the reform of the law enforcement system of Ukraine – it is cleaning the Augean stables. And, nevertheless, the reforms could be done despite the fact that it was supported by the state and society, despite the fact that there is sufficient funding – it would all really.

But the obstacles are many: and the wrong political guidance on many issues, and the lack of funds, and perhaps most importantly – the lack of personnel.

Interviewed by Julia Protsyshena

Sourse, 20/07/2016

Instead, the right of profit operates in Ukraine

April 29, 2016

Rights principle does not work in Ukraine. State directs political benefit. A force opponents pressed.

This was stated by Evgeniy Zaharov, member of the Board of the Ukrainian Helsinki Human Rights Union, at a press conference the initiative group of “breast-Perche”.

“One of the main problems in the state and society – it is demagoguery and populism confidence that complex problems can be solved by simple methods In particular, the use of force Many individuals in their actions are guided solely by motives of political expediency and a desire to press their opponents tire out….. . them as far as possible they are not guided by the principles of law I want to emphasize that it is impossible to do so This is the road to a dead end is the way to defeat, “-… Zakharov said.

Recall, the participants of the initiative group “of breast-Perche” unveiled appeal “keep the state from self-destruction”, which called on the Ukrainian people to unite in the struggle for the state and the country’s leadership – to develop a new political system.

Sourse, 28.04.2016

The confrontation of political forces is a serious threat to human rights in Ukraine

January 5, 2016

2016, as the previous two years, will determine the continuing conflict in the east of Ukraine.This was reported by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, the situation with the provision of socio-economic rights of Ukrainians certainly improve if there will be positive developments in the economic sphere.

“A serious threat to Ukraine for Human Rights is a confrontation between the political forces, which leads to a loss of cohesion and possible political crises, worsening the situation as a whole. Unity us today is necessary, and I hope that the public will be able to overcome the calls for radical action, which we constantly hear today, “- said the expert.

As for the reform of the judicial system and law enforcement bodies, the human rights activist does not express much optimism: “There is, unfortunately, not been necessary conditions for this.”

At the same time, Evgeniy Zaharov expressed “very cautious optimism” about the fight against corruption in Ukraine.

“Those institutions that have started to work, in particular, the National Anti-Corruption Bureau and the Anti-Corruption Prosecutor’s Office, no longer able together to investigate corruption crimes. I hope that they will be successful in these matters, and it will not interfere with the obstacles generated by the unification of government and business. If these things can be diluted, then change for the better is possible, “- adds a human rights activist.

In general, according to Evgeniya Zaharova, 2016, as well as 2014-2015., Will determine the continuing conflict in the east of Ukraine.

“In those or other he will continue, God forbid, that these forms were more or less peaceful. From this it follows that Ukraine will be forced to live in such conditions, “- said the expert.

Evgeniy Zaharov also does not exclude the fact that “Naftogaz Ukraine” in 2016 received the first profit.

“We can expect that public procurement following the entry into force of the law, will not be as corrupt as before. And we can expect that will go on police reform, which in 2015 developed well and has the potential to become more successful “, – predicts a human rights activist.

Thus, it said Zakharov, if Ukraine will be able to avoid a large-scale military conflict, those areas in which the foundation was laid for the development, will be able to show positive results.

“I hope that the scale of the conflict will not be that he will be in the same form as now. Although this is, unfortunately, unlikely to save us from new victims “, – he summed up the expert.

Sourse, 04/01/2016

Sentsov and Kol’chenko may return to Ukraine

August 26, 2015

Sentenced to long terms of Ukrainian filmmaker Oleg Sentsov and activist Alexander Kol’chenko could theoretically be exchanged for captured officers of the Russian GRU. This was reported by a member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, lawyers and Sentsova Kol’chenko can seek the transfer of convicts to serve life in Ukraine.

“There is the Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of 22 January 1993. It provides for the transfer of prisoners to serve their sentences in the country of which they are. This good will of the two countries and this could be done on the basis of existing international treaties. But I have serious doubts that this is what happens. Because the Russian leadership this goodwill is simply no “, – Zakharov said.

The expert does not consider Sentsova and Kol’chenko first political prisoners of Ukrainian citizens on the territory of the Russian Federation. According to him, this is not the first case of conviction of political prisoners in Russia, because the country are persecuted and convicted a number of Russian activists and ordinary citizens of Ukraine, who were persecuted for their political beliefs and statements.

Processes themselves human rights activist believes that it is political.

“The process Sentsov-Kol’chenko, as well as in respect of Hope Savchenko, Russia wants to demonstrate that it is, as before, does not consider Ukraine’s independence, has no respect for its sovereignty and believes that it can bring them to trial Ukrainian citizens on trumped-up charges and accuse them in such crimes. This is all in line with the policy that recently the Kremlin is on Ukraine “, – Evgeniy Zaharov believes.

According to human rights activist Oleg Sentsov Alexander Kol’chenko Nadezhda Savchenko and may be released only in the event of a change of political regime in Russia, when they reviewed the criminal cases pending against them. At the same time, he did not rule out the possibility of a prisoner exchange.

“Between Russia and Ukraine, there may be political agreement on the exchange of prisoners, similar to how the Soviet Union exchanged spies in the Soviet political prisoners. Thus, in particular, have been released and went to the West , Vladimir Bukovsky , Mykola Rudenko and other dissidents and human rights activists.

“It’s hard to say, to whom can exchange convicted Sentsova Kol’chenko and, as a matter of trading. The fact that the process of international exchange of prisoners and the people completely secretive and the public does not take part in it. In Ukraine, it is engaged in the Security Service, or rather it is more of a performer, and the main issues are addressed at the highest level of political leadership. But such exchanges happen all the time. Theoretically, Sentsova, Kol’chenko or Hope Savchenko can exchange for the detainees in the ATO zone GRU officers of the Russian Federation. However, I’m not sure this is 100%, “- concluded Evgeniy Zaharov.

Recall, August 25, the North Caucasus District Military Court in Rostov-on-Don convicted in relation to Ukrainian director Oleg Sentsova on charges of planning terrorist attacks in the Crimea. The second defendant – activist Alexander Kol’chenko – found guilty of involvement in the terrorist community, complicity in a terrorist act.

The Ukrainian Foreign Ministry has called illegal and inhumane sentence Russian court in the case of citizens of Ukraine Oleg Sentsova Kol’chenko and Alexander, who were sentenced to 20 and 10 years imprisonment respectively.

Sourse, 25/08/2015

Результаты поиска:

Mixed hatchet and a scalpel

May 23, 2017

So in a nutshell, nA my opinion, can be characterized by a decree of President of Ukraine “On the decision of the National Security and Defense Council of Ukraine of 28 April 2017” On the application of personal special economic and other restrictive measures (sanctions), “which introduced a one-year (or three years, five years, indefinitely -. to each his own), various restrictions on the 468 legal entities and 1228 individuals About this in his blog on the NRwrote the well-known human rights activist, member of the Board of the Ukrainian Helsinki human Rights Union, the head of Kharkiv Human Rights Group Evgeniy Zaharov.

The following is the opinion of human rights activist:

Let’s try to argue from a position of affirmation and protection of human rights, which, according to Article 3 of the Constitution of Ukraine, is … the primary responsibility of our state.

According to the second part of Article 22 of the Constitution: “With the adoption of new laws or amending existing laws are not allowed narrowing of the content and scope of existing rights and freedoms.” At the same time it is obvious that imposed by the Decree (ie, the act is not even legislative and executive authorities) sanctions restrict the key rights and freedoms guaranteed by the Constitution: the right of ownership (Article 41) and / or freedom of information (Article 34) and / or creative freedom (article 54), and in respect only of individuals – even and / or the right to respect for private and family life (article 32) and / or freedom of movement (article 33).

In order to determine whether the restriction on the right (freedom) justified and valid, it is necessary to turn to his assessment on the basis of principles of the European Convention on Human Rights in 1950 Namely, the restriction of rights must be based on law, pursue a clearly defined goal of Limitations of fundamental law of Ukraine a list of objectives and be proportionate (adequate) in relation to the alleged threat was detected.

In any case, the effects of restrictions on rights and freedoms must bring less damage to society and the individual than the full implementation of the subjective right in its former, that is full. In our case, as far as can be judged, run by a presidential decree limiting the rights and freedoms formally based on the Law of Ukraine “On sanctions” on August 14, 2014, are intended to protect national security (or other objectives listed in Article 1 of the Law “On sanctions” ).

As for the answer to the question whether the rights and freedoms within an acceptable scale violated, the answer can only distance a thorough analysis of the proportionality introduced restrictions stated objectives. Such an analysis, which is very important, must be carried out with respect to each of the listed individuals and entities. In this case, a number of rights may be restricted only after a court decision to impose such restrictions. In any case, the principle of the rule of law requires the State and its agents provide a convincing argument in favor of the need to limit the rights.

Strictly speaking, to restrict the constitutional rights can only be in that case, if no such restriction is really impossible to do. Such a requirement is contained in the well-known presumption: based on the law and the court sanctioned restriction of the right should be recognized as “necessary in a democratic society”.

Whether in this case complied with the required procedure? I suppose not, but was glad to be wrong.

List of individuals to sanctions, including not only the citizens of Russia, but also in other foreign countries. It also got some Ukrainian citizens. We are talking about people living in the occupied territories as the Crimea, Donetsk and Lugansk regions and the territories controlled by the Ukrainian government. And I do not understand how in regard to the latter can act without prior court decision is most often found in the list of restriction of their property rights.

We are talking about blocking assets as a temporary restriction of a person the right to use and dispose of property belonging to him. Such a restriction may be regarded as an infringement of the fundamental right to private property is permissible only in the case of introduction of a state of emergency.

For example, a citizen Zagnibeda KG (№210 in the list), registered and residing in Slavyansk, should, it seems, for a year to get away from his home? And where? The all-knowing Google said that Mr. Zagnibeda born in 1963 – is an entrepreneur, the owner of the LLC “ZAGNIBEDA LTD” with the main activity:. “The production of plates, sheets, tubes and profiles made of plastics.”

In 2015, he ran for city council Slavic, being number 12 in the list of “Ukrainian parties honor the fight against corruption and organized crime.” More than anything substantive, I have not found, so to see at least a hint of why in this case to impose sanctions, failed. It is clear only that, apparently, during the occupation, Mr. Slavyansk Zagnibeda aggressor is not promoted, otherwise would have been prosecuted.

The list of legal entities – offshore companies, banks, airlines, industry, particularly engineering, enterprise, television and radio, social networking, and other services (cloud storage, navigation, music, etc.), software developers (hereinafter – Software) … Many of them have Ukrainian registration, they are in Ukraine and employ ordinary citizens of Ukraine.

Puzzling hit by sanctions of the Russian company “1C” and its Ukrainian representative office of LLC “1C Multimedia Ukraine”. Accounting computer system 1C uses 80% of Ukrainian enterprises of small and medium-sized businesses, the majority of public organizations.

It appears that in this case it is necessary to have very good reasons for decisions on sanctions, the data base must be sure to explain to the population. In general, a review of Ukrainian software development companies have come under the sanctions shows that they all have one similar trait – are subsidiaries or representative of the Russian companies. Is this the only and therefore sufficient from the point of view of the authorities, the legal basis?

Let’s consider the well-known company OOO “Parus-Ukraine”, working on the Ukrainian market since Soviet times. Referring to its website: parus.ua. The main activity of the group of companies “Sail” – the development, promotion and implementation of software for enterprise management. Today, the company – one of the largest software companies in Ukraine, developing business management. In addition to the development of the Center, for the period of its operation, the central office has developed a strong regional network of over 28 regional offices (see. №№ 443-468 in the legal list. Of persons) and more than two dozen dealers. The number of employees is more than 550 professionals, of which more than 250 are working in Kiev.

“Sail” Number of product installations exceeds 200,000, the software operates in more than 20,000 organizations. Users of software products “Sail” is the enterprise telecommunications, large industrial companies, oil and gas companies and thermal power complex, trading companies, insurance, credit and financial companies, design and construction organizations, enterprises transport and logistics, printing companies, publishing and media, restaurant complexes, cafes, bars, pubs, pizzerias, hotels, boarding houses, recreation, night sports and fitness clubs, entertainment centers, water parks, sire structure governmental administration, ministries, departments, committees, universities, medical and health institutions.

At the same site, “Sail” claims that his clients include 80% of the main managers of budgetary funds, including, in particular, the Ministry of Defense, Ministry of Internal Affairs, State Border Service, the regional management of the State Migration Service and emergency services, “Ukrtelecom” “Ukrnafta” SDO “Yuzhnoye”, National school of judges, and many other government agencies.

So it does not surprise me an urgent message on the official website, which appeared May 16 immediately after the release of the Decree, which reads as follows: “Sail” – a group of Ukrainian companies! Information about this can be found on the website under parus.ua “Copyright and Permissions”. Hit in the sanctions list in respect of the group of companies “Sail” is not valid, we will be challenged and is perceived by us as pressure.

And I was not surprised by the appearance of proposals to use all soon any new software products of Ukrainian origin, instead of products 1C, “Sail” and other subsidiaries of Russian software developers. I would like to still hear the explanation why many software developers to apply such a truly draconian restrictive measures.

But imposing sanctions on companies such as “Doctor Web”, “Kaspersky Lab” and their Ukrainian representative offices as no surprise. I had a lot to hear from system administrators familiar that these anti-virus programs as mail.ru complex can not be used, because they are engaged in espionage, embedded in the operating system of aggressive, damage the installation browser, install bugs and illegally collect information without permission and warn users.

In particular, personal information, financial records, data on the location, movement, and the like. The illegal collection of personal data and use them to the detriment of Ukraine also blame social networks “in contact” (VC) and “Classmates” (OK). In particular, the military claimed that the publication of photos of its soldiers in social networks sometimes leads to their death.

If the appeal to the social networks of people involved in the public sector, has brought serious harm to the national security and other public interests listed in Article 1 of the Law “On sanctions”, the restriction of access of civil servants and all other people working in state institutions, seem justified. But whether the state can restrict access to social networks of millions of people, to do with the public institutions do not have? I think it is – a massive violation of the right to privacy and freedom of expression.

The impression is that the imposition of sanctions is motivated primarily by some purely private, commercial and economic interests, and seeks to harm the financial interests of specific companies. In this vein, the sanctions would contribute to both the development of Ukrainian business. For example, as you know, “Yandex” and other Russian companies have brought down Ukrainian advertising market on the Internet and drove with him Ukrainian competitors. Sanctions will remove from the market “Yandex” and others. But it does benefit from that Ukrainian consumers? All this looks very doubtful and uncertain …

And I was wondering if anyone thought about the people who use “Yandex-purse”? For example, they can take in case of need their money? Or initial calculation was that the ban on access to web resources and easy to get around because all who need to quickly learn how to do it? This is indicated by many defenders of Presidential Decree – he, they say, is not directed against users, but against the companies, and that in our democratic state, no one will interfere with the VC and UC fans enjoy this personification of “Russian world”.

But older people remember well how quickly passed us by “enemies uneshnih” to “enemies unutrennim”. Here and now there are voices, including some active deputies, that you need to watch out for those who violate the decree and to hold them accountable. Our state has long dreamed of control over the internet, there have been several attempts to establish it. As long as they did not work. But to deal with the introduction of Internet control under the pretext of protecting information security during the war with the Russian aggressor will be more difficult. In any case, I really do not want to Ukraine in the national security services is easily confused with a rusty ax a surgical scalpel.

Sourse, 22/05/2017

Why “Savchenko law” did not need

May 22, 2017

“Savchenko Law” in Ukraine was canceled because it was no longer necessary. Prisoners who could list the period they were released or left to sit much less.

This edition Gazeta.ua said May 21 Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group.

“Law Savchenko” long wanted to cancel. And it happened. He played a role. It was difficult to differentiate for whom he acted. Therefore, it is easier to cancel than to change it for something. Everyone who could be counted period, then they have listed. Someone ended term of imprisonment or decreased significantly. For its abolition outweighed the negative attitude in the society to the fact that the release of prisoners, and the appearance of rejection Hope Savchenko. “

The law does not provide clear guidance on how to act with people who put life:.. “Do not take into account only the situation with the prisoners, which condemned the life one listed, while others refused because they thought that they are the law does not apply was discussion on about it. In the framework of “law Savchenko” would replace a life sentence for a specific sentence. But with the abolition of the law of the matter was dropped. “

In general, “the law Savchenko” had more positive than negative: “The law reduces the time of those who were in remand prisons with appalling conditions also for those who are convicted of the Code, which was in force until November 2012. Then it was possible to send the case to the.. . for further investigation and the suspect remained in jail for 7-10 years in pretrial detention were men 3-4 times more than the intended place of some forced to sleep in the same bed or in turn, poorly fed These conditions -.. Therefore, for the torture. “Savchenko law” be considered the year in Jail in prison was just over 2 years.

Now there are prisoners who have been tried under the old Code, the nearly empty prison. The conditions in the prison became a little better, though, if only because there is no overcrowding. The new code can be kept in the remand prison of the people can be punished at least 5 years imprisonment.

Negativity of the law there were some prisoners who were sitting at a fairly violent crimes and came much earlier on will than need. Some of them commit crimes again, but it’s not the fault of the law. “

Recall May 18 the Verkhovna Rada has supported the abolition of the so-called “Savchenko law.” He acted with the December 24, 2015. Terrible condition of detention centers and the conditions in which people with respect to which there is a consequence and court, have become the main motive for the adoption of this law. During the operation of the law 10.2 thousand. Inmates released early. Of these, 1.5 thousand. Went back under arrest and trial. We predicted that under this law, to freedom had to get another 34 thousand. Prisoners.

Sourse, 21/05/2017

I do not see any improvement in the human rights situation in Ukraine

May 15, 2017

– Last year in Ukraine, there were signs of improvement in the economy. Increased currency reserves, improve social standards. But I do not see any improvement in the human rights situation, – said the head of the Kharkiv Human Rights Group, a board member of the Ukrainian Helsinki Human Rights Union Evgeniy Zaharov .

– For example, police reform stalled. And for good reason. Only in October last year raised the salaries bulk of police – investigators, operatives, the local inspector. And before they received much less patrol. Disappeared motivation to work. Shortage in the areas reached 30 percent. It does not have someone to work with.

– What should I do first?

– Who have the opportunity to continue to change. First of all, in the criminal section. Most necessary for today – the reform of the Criminal Investigation and the investigation.

– What are the effects of human rights guard the most?

– The lack of mercy on the part of the state to its citizens. Everything comes from poor governance.

Recently I spoke to the chief doctor of the psychiatric hospital of Kharkiv. He said that from the budget to the patient per day on food are seven hryvnia for treatment – six. On drugs means no. The institution of the situation so decide. Privileged categories, war veterans or consumptive assigned 56 hryvnia powered. Their pros and divide at all. Also, spending on food by all means from the paid services that an institution provides to citizens. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

Clearly, the war takes more resources. But you can not treat people like this.

– whether the police are changing?

– It is not that they do not do anything. But they are ineffective. Prosecutors complain that police salary is more than theirs. But the re-certification of police virtually failed. Because it was carried out on the basis of ill-prepared legal act. As a result, one could appeal against the dismissal in court.

– Torture, hanging Affairs on the innocent, knocking indications left?

– It was less. The new Criminal Procedure Code contains many fuses from bad behavior, torture and the like. For example, to detain a person, you need the sanction of the investigating judge. Also, there is a norm of getting free legal aid to those who can not afford a lawyer.

If the victims of violence were about a million in the police in 2011, the year before – 409 million. The number of those who have experienced torture, reduced from 113 thousand to 62 thousand. But it’s still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– Applications become greater. Because the added complaints related to the military conflict in Donbas. For example, former prisoners of war and civilians complain of unlawful deprivation of liberty, torture. Only our organization in the past year, has written more than 200 such applications. More than 300 – colleagues from the Ukrainian Helsinki Union.

Many cases involve loss of property as a result of hostilities. This is an obvious violation of property rights. The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. People can not get a refund from him, turning to the European Court. You can file lawsuits against Russia as an aggressor against Ukraine – for inaction. When there is evidence that it is your property, an application to the European Court prospectively. Some applicants were denied because they only sent photos of destroyed houses. And the documents that would confirm the right of ownership, could not provide because they have destroyed, along with housing.

Sourse, 14/05/2017

On the situation with human rights in Ukraine in 2016

March 8, 2017

Board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group Evgeniy Zaharov believes that the situation with human rights in Ukraine has not improved in 2016.

This he said in an interview Gazeta.ua .

– Last year, the country was undergoing improvements, – says human rights activist. – the beginning of macroeconomic stabilization, increased currency reserves, rising social standards. That is, there are signs of an improving economy. But no progress on improving the human rights situation, I do not see. For example, police reform stalled. And with good reason. Just last year, in October raised the salaries of investigators, detectives, district inspectors. And before they received significantly less than patrol. And this situation was abnormal. Because motivation is gone to work. Shortage in branches reached 30 percent. There was no one to work.

– What is the first thing to do?

– Who have the opportunity to continue the necessary changes. First of all, in the criminal section. After all, the reform of the Criminal Investigation and the investigation to date is the most necessary. Last year in this sense has been lost – due to lack of funds. Because starting any changes when there is insufficient funding law enforcement, against the loss of motivation of employees, is futile.

– What are the effects of human rights guard the most?

– Everything goes from inefficient style of governance. Offer to introduce the patrols, which will check whether all the work in the state. The urge to check the place of residence of immigrants, or to find out who receives a pension in Ukraine and ORDLO. This attitude of the state to the people wrong.

Recently I spoke to the chief doctor of a mental hospital in Kharkov. He said that the budget mentally ill on the day of release at 7 hryvnia food, medical treatment – 6 hryvnia. Therefore, the necessary funds are no drugs. As he comes out of the situation? Privileged categories, for example, consumptive or war veterans, 56 hryvnia relies on food. He divides all the advantages and all. In addition, it leads all money for food from paid services provided by the institution for citizens. Has established strict control over the catering department. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

It is clear that we have a war going on, it takes more resources. But you can not treat people like this. I think the main problem of human rights in Ukraine, the lack of humanity and compassion on the part of the state to its citizens.

– whether the police are changing, prosecutors, other law enforcement agencies?

– To say that they really do not do anything, you can not. But they perform their functions effectively, taking into account the realities. Prosecutors now want to get a big salary. They complain that the police are getting more than they do. But the re-certification of police virtually failed. Because it was carried out on the basis of a legal act that is poorly prepared. As a result, anyone who did not pass re-certification could appeal against his dismissal in court. Thus almost all the security officers returned to their posts. It is simply a profanation, not reform. Re-certification does not become a means of purification of the police.

– That is, such things as torture, hanging Affairs on innocent knock readings were?

– It was less. In particular, because the new Code of Criminal Procedure contains a lot of fuses with respect to mistreatment, torture, and the like. For example, to detain a person, authorized by a judge need an investigator. In addition, there is a norm of getting free legal aid those who can not afford to hire a lawyer. It is also a preventive tool. Finally, the court will not accept evidence obtained during the investigation. If it was about a million, then in 2015 in 2011 the victims of violence by the police – 409 thousand. Number of victims of torture has decreased from 113 000 to 62. But this is still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– statement was more because added complaints related to the military conflict in Donbas. It is, for example, prisoners of war – both military and civilian. They complain about the unlawful imprisonment, detention, torture, and the like. Only our organization in the past year, has written more than 200 such applications. More 300 – from our colleagues from the Ukrainian Helsinki Union. In addition, many of the rights violations associated with the loss of property as a result of hostilities. This is an obvious violation of property rights. Because people can not obtain compensation from the state, then turn to the European Court. The practice of national courts in this contradictory. Some courts satisfy the claim, when shelling destroyed houses and other refuse. When there is evidence that it is your property, the application to the European Court prospectively.

The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. You can file claims against the Russian, as it is the aggressor and against Ukraine – for inaction.

The Court considered the first such case. Some applicants were denied because they did not provide evidence that the property belongs to them. Sent photos of destroyed houses and the thought that this is enough. A document failed to provide, as they destroyed along with houses.

– What are the consequences of the application of the law Savchenko?

– I do not think that the worsening crime situation is directly related to him. This is confirmed by criminological research.

Sourse, 7/05/2017

Information about the doctrine of Petra Poroshenko

February 28, 2017

Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union (UHHRU), director of the Kharkiv Human Rights Group, said the anti-democratic decision of the Decree of the President of Ukraine Petro Poroshenko, regulatory monitoring of the media and the public resources of the Internet to identify information that is banned in Ukraine.

This was a human rights activist told the Ukrainian News agency.

“It is anti-democratic decision. I have over 20 years of struggle with such tendencies and still I managed such a thing to stop. Now it will be very difficult, because behind this, in my opinion, totally mistaken idea that it is necessary to fight the enemy. For fight the enemy must be quite different, “- he said.

Such a decision will only search for the enemy within the country and fight against it.

According to him, media monitoring and public Internet resources affect the freedom of the media.

“Will, of course, in a different way does not happen It (impact) will be expanded.” – he said.

Zakharov added that such a practice exists in Russia, China, Belarus, and not in the free countries.

“It’s just nonsense,” – he added.

The human rights activist believes that such an order is a mistake of Poroshenko and those who support it, because they do not understand the nature of information relations.

Recall President Petro Poroshenko instructed the Ministry of information policy to seek information in the media prohibited.

Earlier Poroshenko instructed the Cabinet to develop a bill that will be possible to lock the sites by the court .

Sourse, 27/02/2017

In February it will be known the new head of the Ukrainian National Police

December 26, 2016

Ukrainian Interior Minister Arsen Avakov announced a competition for the position of head National Police that occupy Khatia Dekanoidze until November. Who joined the Board on the selection of candidates? How will decisions be made?

The competition jury composed of experts from Canada, the US, Denmark and Ukraine.

On the phone with “Gromadska radio” MVD Director of Communications Department Artyom Shevchenko and a member of the competition committee, the founder of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov .

Irina Sampan: How will the competitive commission? It will be ensured transparency of the competition?

Evgeniy Zaharov: Now the candidates submit their application – CV and motivation letter. All received materials are translated into English and simultaneously transmitted to all members of the commission – Ukrainian and foreign. We will study and prepare materials for the meetings – the first will be held on January 18.

the primary analysis will be carried out, whether to send the summary of the qualifications for the post head Natspolitsii contained in the law – a full law degree, not less than 7 years of experience in the legal field and 5 years of managerial experience.

Prior to the first meeting of all candidates pass the test on the General Skills (general skills – Ed.) – the ability to think logically. The same test, which all police officers at recertification.

And the results of these three sources – resume, cover letter, and test – Commission will examine each candidate and ballot to decide whether he will be admitted to the interview. For each will vote personally. All this will be recorded on video, and who wants to be able to see. We just have not decided whether to make a shot in real time or recording and display afterwards.

Irina Sampan: Interviews with candidates will be carried out the commission?

Evgeniy Zaharov: Yes. All candidates will be asked the same questions, so that they are on an equal footing. It will surely be recorded on video and then you will see. After the interview, the commission will select the best three candidates and will give the Interior Ministry, whom she recommended to assign. The minister will have to choose from these three candidates.

Tatiana Troschinsky: The final word of the Minister of the Ministry of Interior ?

Evgeniy Zaharov: Yes, it is legally wrong. The minister is one candidate to the government, the government of his claims.

Irina Sampan: Can be applied to this competition a former policeman, who did not pass the re-certification?

Evgeniy Zaharov: No they do not interfere. But if they had a bad result on the test, why they do it. We introduced the test as a formal evaluation of the candidate’s ability to think. The Commission considered that it is a necessary condition. If a person can not think logically, he can not apply for this position.

Tatiana Troschinsky: In addition to these formal things that the law says that you define important? That may affect your choice to vote or not to vote for the candidate?

Evgeniy Zaharov: There are requirements to the candidate, expressed in the law – a good reputation, high moral qualities. Speaking for myself personally, their preferences – for me it will be very important if the candidate has not been seen in the human rights violations in the past. How he showed earlier in his work.

The interviews will be sufficiently deep and detailed, so that all of this will reveal. His qualities as a manager, communication with people and staff, ability to work in conditions of risk, uncertain environment with incomplete information, the propensity for innovation, creativity.

I also want to emphasize that the norm in the law of at least 7 years of work in the field of law is only at first assumed policing. And it was I who introduced the amendment to the bill that you need to expand the pool of candidates. What should be lawyers, not the police – it may be prosecutors, tax. As Artem Sitnik, who was a very decent and a good candidate for the post of head of the National Anti-Corruption Bureau. bidders circle should not be limited to the police around.

Irina Sampan: When the Commission will submit to the Minister Interior Ministry candidates recommended for the post of Natspolitsii?

Evgeniy Zaharov: The timing is now difficult to say, because it is not clear how many will be applications. If, for example, 200, the operation may take a week. Everyone needs to read, to think, to study, you have to vote for each candidate. Maybe I’m wrong, is a bit of candidates, and we are the first three days have time to do all this. But I think that it is doubtful, and we move on to the next week (after the first meeting on 18 January – Ed.).

Irina Sampan: How many applications have been filed?

Evgeniy Zaharov: Five days ago there were six. This is the ones translated into English and sent to all candidates. It’s Christmas, the intensity of a halt. I think that most of the applications will be after the New Year.

Sourse, 25/12/2016

Why was considered normal “squeeze” the property from the separatist?

November 29, 2016

Fighting in eastern Ukraine led to a significant deterioration of the situation with human rights, including, new extraordinary precedent that did not previously exist in Ukraine. This was stated by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union and the head of Evgeniy Zaharov the Kharkiv Human Rights Group, in an interview , “Gromadska” .

Zakharov said that the first cases of human rights violations related to the situation in the Donbas is to start from the militants, who were persecuted, detained, tortured and killed patriotic citizens. Subsequently, this led to the fact that the Ukrainian military began to use similar methods.

“In response to some of our volunteer teams to see this attitude, we began to operate symmetrically. Torture of prisoners took place, and some were tortured to death. Also killed prisoners. It came into use words such as “pressing”. Why was considered normal “squeeze” the property from separatist, if the separatists. Car, home pick up. This is not a crime if it is an enemy, “- said Zakharov.

The human rights activist noted that a significant part of society “meaningful or not it supports violence against the separatists.”

In addition to Ukrainian volunteer battalions, disturbances in the form of torture is also used employees of the Security Service, as evidenced by the reports Ukrainian Commissioner for Human Rights and the report of the Human Rights Defenders Amnesty international and Human rights watch.

According to Zakharov said that the Ombudsman’s report says that the greatest number of complaints (39%) related to the use of torture was applied in respect of the SBU.

“The Security Service torture detainees, it is not known where they are kept. In fact, according to the law of the SBU, and in the law on pre-trial detention was not a word about the fact that SBU can have investigative detention centers. If they are, then they are illegal, “- he stressed.

Zakharov also mentioned that persons detained in connection with allegations of investigative jurisdiction of the SBU, is charged with terrorism, separatism gosizmenui.

Sourse, 28/11/2016

The biggest violation of human rights among law enforcement agencies come from the SBU

July 21, 2016

What reforms have taken place in the judicial system of Ukraine during the reign of the new government and President Poroshenko and what prospects are opening up in the power department in the near future in an exclusive interview to the online edition of the Ukrainian News – From-UA has told the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, Director of the Kharkiv Human Rights group Evgeniy Zaharov.

Ukraine News – From-UA: Eugene E., good afternoon! What changes do you see in the law enforcement system since the arrival of the new government? The police, the prison service, the prosecutor’s office, the courts, the Ukrainian Security Service?

Evgeniy Zaharov: You see, in fact, comprehensive reform of the entire system of criminal justice, unfortunately, is not happening.

There are some changes in the police, which no longer exists, since the 7 th November 2015 it was replaced by the police.

A new patrol police in the 35 cities of Ukraine, except in rural areas set up, tested, tested and is now being implemented – a new model of public order, based on the rapid response groups. It was first in Sambor, then another nine district department, and then the model has been implemented in three areas since February 2016 years: in Kyiv, Kharkiv and Lviv, most recently in the Khmelnytsky and is now preparing to Volyn. That is, there is reform.

Nevertheless, we must clearly understand that this is only part of the police, which deals with the protection of public order and that has not affected the criminal unit, departmental system of medicine and education. And still a lot to do in order to continue to pursue this reform sequentially.

A major obstacle to this – is a lack of funding. The budget of the police and the Interior Ministry as a whole is very much curtailed, and a situation where a young patrol, who studied for three months, six months or a year of work, and get a much higher salary than the investigators or investigators with experience of 10-15 years – it’s not normal, so do not be must. But the funds to fix it, to raise the salary of those who have passed the certification, simply do not have today. And this is one of the main obstacles of the reform.

If we compare the way that we run the 100m, the 15 meters we already ran. But we need to run further and do not stop, because any stop will be fraught with the fact that all these improvements will be leveled. And the existing police system, which, alas, yet will not go away (because in many ways it continues to persist and everything appeared new can adapt to fit your habits and rules), will remain the same. This danger is, and it must be clearly understood. Because it can not police with a salary of 3-4 thousand hryvnia per month, especially in the big cities, to feed his family, and this will inevitably push him to some other acts of unlawful ways of earning.

If we talk about the prosecutor’s office, the courts, the prison system, the SBU, in my opinion, were only trying to initiate reforms in these bodies, but they failed. More specifically, I am referring to the prosecutor’s office and the courts, because what was done was done poorly. But it has its own reasons, and they can be viewed separately.

Beginning of the reform of the penitentiary system changes the structure of the State Penal Service and not for the actual penal institutions. That is life in the colonies so far has not changed the fact that these reforms have begun. And in fact, here you need to change a lot in practice and in law. But these changes are very difficult, they are harder to do than the police or the prosecutor’s office.

The order, which was formed there, break is not so easy, and if it is broken, then the situation in the colonies will be even worse, because they are financed disgusting. For them, the budget recorded two times less than you need, and they eventually receive half of that half. And actually financed at 25%, only to escape the fact that in each colony are looking for some way to make extra money. And where the administration of the colony successful, there is a better, where unsuccessful – there is worse.

A lot depends on whether the colony is “on the ground”, for example, as it can grow their own fruit and vegetables, in addition to budgetary allocations. And if they still grow and sell, so it’s even better.

And if it’s industrial zone, and there is something made, as is known, such a forced labor – not very productive, and businesses which employ convicted, it is difficult to compete. There’s basically an old worn-out equipment, old dirty technology … But this is a business that is closed from public scrutiny, and there occurs a serious enrichment of those who supervise them, despite the fact that the prisoners themselves receive a penny. And cut this Gordian knot is not possible, because simply these colonies is nothing to exist, even though a significant portion of the money takes the administration of enterprises, which are created when the colonies. Still, at least something, but remains a prisoner. If it will not, the situation will worsen significantly in the colonies. So just this problem can not be solved,

As for the prosecutor’s office – as long as I do not see major changes. It only point changes on staffing levels, or in some individual cases. But they are after the new Attorney-General, and should welcome the fact that he was engaged in such things – the most severe human rights violations in an attempt to eradicate them. Such as, for example, long-term maintenance portion accused detained in prison without penalty. You can also welcome his desire to make personnel changes. But in fact this is just all half-measures, and serious reform of the prosecutor’s office has, in fact, did not start. There is a problem with the presence of the frame, as is the case with the police and the prison system.

Ukraine News – From-UA: Over the past few years, we have changed three times Attorneys General. What is the reason, in your opinion?

Evgeniy Zaharov: This is due to the fact that they could not cope with the tasks that they are being given society and what is waiting for them. They have not been able, nor Oleh Makhnitskyi nor Yarema nor Shokin, to investigate crimes on the Maidan in full. And indeed they were unable to carry out any reform or change the entire system of prosecutors.

One of the reasons lies in the fact that all prosecutors are accountable to the President, and they worked in manual mode. I do not know if it’s true, but argue that the Attorney General Shokin literally daily reports to the President about the work that he did. That is, he received direct orders, what to do in any given situation, and be accountable for it.

It is this dependence Attorney General from the main official in the state – it’s completely normal. This is our problem: our political forces want to control the courts, prosecutors, law enforcement agencies and use them as an instrument for solving their political problems. It should not be. And it was when all power, a greater or lesser extent, and now it continues. And in this conflict and tied inside the prosecutor’s office, for example, Deputy Attorney General Kasko, Sakvarelidze and with so many such things.

That will be obtained from Lutsenko how he will behave in this situation, it is difficult to predict. But it is also clear that there have been delivered as a person close to the president, the former head of PPO fractions, and again you can expect from it will require certain actions in certain cases.

In general, public prosecutors should be independent, as well as the judges. And if that were the case, and they are not crushed, it would be much better. But prosecutors, like judges, there is a danger canned in its own system without any control and it was not changed, and their acceptance of the illegal and unjust decisions on someone’s orders then it will be difficult to correct. And there, and there is very difficult to pass between these two extremes.

Yuri V. started with some positive steps, private, essential, but how much he will be able to reform the system as a whole, we’ll see.

Everywhere very big problem with the staff. But by the way, if we talk about the staff, the best thing to do with this situation in the judicial system. There’s a lot more experienced and trained judges than the illiterate. But the trouble is that from the undue pressure that they get bored, they massively retire. And in a lot of police, who left because they did not want to undergo the procedure, which they were offered.

Although there is another point of view, they are weak people, once they had done so, and God is with them – and I fully understand it. Because it is a strong point of view: put on the form – to serve and to carry out all that is needed. And this is in fact the action of the Bible principle: “Do what you must, come what may.” And if you ran away, then you are a coward – that masculine approach. But such strong people very little, and those who is such, they are very uncomfortable, because they always do what they think is right, and not as orders superiors, and therefore always be under attack.

Ukraine News – From-UA: In one of the political talk show Verkhovna Rada Chairman Andrew Paruby called judicial reform – a major “victory” of the season in the parliament. Do you agree with this?

Evgeniy Zaharov: Unfortunately, he is mistaken. I appreciate the personal qualities of courage, integrity and honesty Parubiya, but I fear that he did not really understand the judicial system. And to say that judicial reform – a major victory in parliament, it is a mistake, in my opinion. Because in fact what happens is that the judicial system is now collapsing under the influence of such reforms.

Here is a very difficult task. On the one hand, the need to ensure the independence of the court, since it will not be open-minded and objective without it. If he is dependent, then it will be easy to pressure. But unfortunately, in this regard the so-called reform is quite Direction: they put the judges even more dependent than before. This is motivated by the fact that the judicial system – corruption, inadequate, does not meet the requirements of the time, and judges are flying all the accusations.

But I think that the judicial system is not more corrupt than any other in our country, and the fact that so judges are generally wrong. After all, judges are different: there is corruption, but there are those who will never take bribes, they just do not allow such cases, where they were waiting for the “right” decision.

So, unfortunately, judicial reform hinders the desire to take executive control of the judges. And whoever is in power, is manifested. With all the presidents since it was, and continues under President Poroshenko same. This is a big mistake, because it is impossible to treat with the judges, requiring them to take the “right” decision. This applies, above all, capital ships, the higher courts. The rest of the ships the same thing happens at the local level. And it turns out that judges are dependent, they are not free in their decisions. What judicial reform can be with such a situation? Yes, no, quite simply.

And then there was noticeably worsened access to justice by banning conventional lawyers, not lawyers, to take part in civil and administrative cases!

Ukraine News – From-UA: Yevgeny Yefimovich, what reforms are experiencing today, the Security Service of Ukraine?

Evgeniy Zaharov: With regard to the Security Service of Ukraine, the situation there is very bad, she did not reform. And today I can say that the greatest violations of human rights among law enforcement agencies come from the Security Service, which is very violates the right to liberty and security of person, the right to protection from torture and so many other rights. The balance between human rights and national security protection solutions quite clearly in favor of national security. And there are so many criminal enterprises, opened the SBU, which, to put it mildly, questionable.

What is happening there is, unfortunately, very often the real outrage. What could make more than once, considering the specific case of criminal prosecutions in the National Security Service. I do believe that this centaur – both intelligence and law enforcement authority – an anachronism, it is not normal, and this is not in any civilized country of the world.

We do not compare ourselves with Russia, we are talking about European countries. Intelligence agency must deal only with data extraction for senior government officials, her job – intelligence and counterintelligence. But the investigation of crimes – this is not her business. And if these functions have dramatically SBU take, it may be, would be transformed into a normal special service.

And today it’s just a body, which is taking advantage of its unique position, that is the main body for the protection of national security, which protects us against terrorism, which actually runs the ATO (and that’s how it is served) is really a body, for which there are very serious tyranny and human rights violations. security service need to take place to put it, and not the one that she now occupies.

Ukraine News – From-UA: What are the prospects in the law enforcement system you see in the near future?

Evgeniy Zaharov: I believe that the reforms could be done, it is a very real thing. But this requires a number of conditions.

The first – the mandatory funding. Here’s what the police reform can be done without additional funding, almost everything has already been done. But in order to move forward, we need the money, which is not. It is necessary to firmly grasp the rule: reforms cost money, and if you do not give money, the reforms will not. And those systems that need to be reformed, without the money will remain in its old state, and then rot.

And the second – political will is needed to implement these reforms. You need to have people who have a clear understanding and have a clear vision of what and how they want to do. To these were new teams that would have sufficient authority and political will to transform the system.

Police experience shows that this is possible in principle. But on the way people who do such things, a lot of difficulties, obstacles, problems. And of course, the reform of the law enforcement system of Ukraine – it is cleaning the Augean stables. And, nevertheless, the reforms could be done despite the fact that it was supported by the state and society, despite the fact that there is sufficient funding – it would all really.

But the obstacles are many: and the wrong political guidance on many issues, and the lack of funds, and perhaps most importantly – the lack of personnel.

Interviewed by Julia Protsyshena

Sourse, 20/07/2016

Instead, the right of profit operates in Ukraine

April 29, 2016

Rights principle does not work in Ukraine. State directs political benefit. A force opponents pressed.

This was stated by Evgeniy Zaharov, member of the Board of the Ukrainian Helsinki Human Rights Union, at a press conference the initiative group of “breast-Perche”.

“One of the main problems in the state and society – it is demagoguery and populism confidence that complex problems can be solved by simple methods In particular, the use of force Many individuals in their actions are guided solely by motives of political expediency and a desire to press their opponents tire out….. . them as far as possible they are not guided by the principles of law I want to emphasize that it is impossible to do so This is the road to a dead end is the way to defeat, “-… Zakharov said.

Recall, the participants of the initiative group “of breast-Perche” unveiled appeal “keep the state from self-destruction”, which called on the Ukrainian people to unite in the struggle for the state and the country’s leadership – to develop a new political system.

Sourse, 28.04.2016

The confrontation of political forces is a serious threat to human rights in Ukraine

January 5, 2016

2016, as the previous two years, will determine the continuing conflict in the east of Ukraine.This was reported by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, the situation with the provision of socio-economic rights of Ukrainians certainly improve if there will be positive developments in the economic sphere.

“A serious threat to Ukraine for Human Rights is a confrontation between the political forces, which leads to a loss of cohesion and possible political crises, worsening the situation as a whole. Unity us today is necessary, and I hope that the public will be able to overcome the calls for radical action, which we constantly hear today, “- said the expert.

As for the reform of the judicial system and law enforcement bodies, the human rights activist does not express much optimism: “There is, unfortunately, not been necessary conditions for this.”

At the same time, Evgeniy Zaharov expressed “very cautious optimism” about the fight against corruption in Ukraine.

“Those institutions that have started to work, in particular, the National Anti-Corruption Bureau and the Anti-Corruption Prosecutor’s Office, no longer able together to investigate corruption crimes. I hope that they will be successful in these matters, and it will not interfere with the obstacles generated by the unification of government and business. If these things can be diluted, then change for the better is possible, “- adds a human rights activist.

In general, according to Evgeniya Zaharova, 2016, as well as 2014-2015., Will determine the continuing conflict in the east of Ukraine.

“In those or other he will continue, God forbid, that these forms were more or less peaceful. From this it follows that Ukraine will be forced to live in such conditions, “- said the expert.

Evgeniy Zaharov also does not exclude the fact that “Naftogaz Ukraine” in 2016 received the first profit.

“We can expect that public procurement following the entry into force of the law, will not be as corrupt as before. And we can expect that will go on police reform, which in 2015 developed well and has the potential to become more successful “, – predicts a human rights activist.

Thus, it said Zakharov, if Ukraine will be able to avoid a large-scale military conflict, those areas in which the foundation was laid for the development, will be able to show positive results.

“I hope that the scale of the conflict will not be that he will be in the same form as now. Although this is, unfortunately, unlikely to save us from new victims “, – he summed up the expert.

Sourse, 04/01/2016

Sentsov and Kol’chenko may return to Ukraine

August 26, 2015

Sentenced to long terms of Ukrainian filmmaker Oleg Sentsov and activist Alexander Kol’chenko could theoretically be exchanged for captured officers of the Russian GRU. This was reported by a member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, lawyers and Sentsova Kol’chenko can seek the transfer of convicts to serve life in Ukraine.

“There is the Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of 22 January 1993. It provides for the transfer of prisoners to serve their sentences in the country of which they are. This good will of the two countries and this could be done on the basis of existing international treaties. But I have serious doubts that this is what happens. Because the Russian leadership this goodwill is simply no “, – Zakharov said.

The expert does not consider Sentsova and Kol’chenko first political prisoners of Ukrainian citizens on the territory of the Russian Federation. According to him, this is not the first case of conviction of political prisoners in Russia, because the country are persecuted and convicted a number of Russian activists and ordinary citizens of Ukraine, who were persecuted for their political beliefs and statements.

Processes themselves human rights activist believes that it is political.

“The process Sentsov-Kol’chenko, as well as in respect of Hope Savchenko, Russia wants to demonstrate that it is, as before, does not consider Ukraine’s independence, has no respect for its sovereignty and believes that it can bring them to trial Ukrainian citizens on trumped-up charges and accuse them in such crimes. This is all in line with the policy that recently the Kremlin is on Ukraine “, – Evgeniy Zaharov believes.

According to human rights activist Oleg Sentsov Alexander Kol’chenko Nadezhda Savchenko and may be released only in the event of a change of political regime in Russia, when they reviewed the criminal cases pending against them. At the same time, he did not rule out the possibility of a prisoner exchange.

“Between Russia and Ukraine, there may be political agreement on the exchange of prisoners, similar to how the Soviet Union exchanged spies in the Soviet political prisoners. Thus, in particular, have been released and went to the West , Vladimir Bukovsky , Mykola Rudenko and other dissidents and human rights activists.

“It’s hard to say, to whom can exchange convicted Sentsova Kol’chenko and, as a matter of trading. The fact that the process of international exchange of prisoners and the people completely secretive and the public does not take part in it. In Ukraine, it is engaged in the Security Service, or rather it is more of a performer, and the main issues are addressed at the highest level of political leadership. But such exchanges happen all the time. Theoretically, Sentsova, Kol’chenko or Hope Savchenko can exchange for the detainees in the ATO zone GRU officers of the Russian Federation. However, I’m not sure this is 100%, “- concluded Evgeniy Zaharov.

Recall, August 25, the North Caucasus District Military Court in Rostov-on-Don convicted in relation to Ukrainian director Oleg Sentsova on charges of planning terrorist attacks in the Crimea. The second defendant – activist Alexander Kol’chenko – found guilty of involvement in the terrorist community, complicity in a terrorist act.

The Ukrainian Foreign Ministry has called illegal and inhumane sentence Russian court in the case of citizens of Ukraine Oleg Sentsova Kol’chenko and Alexander, who were sentenced to 20 and 10 years imprisonment respectively.

Sourse, 25/08/2015

Результаты поиска:

Mixed hatchet and a scalpel

May 23, 2017

So in a nutshell, nA my opinion, can be characterized by a decree of President of Ukraine “On the decision of the National Security and Defense Council of Ukraine of 28 April 2017” On the application of personal special economic and other restrictive measures (sanctions), “which introduced a one-year (or three years, five years, indefinitely -. to each his own), various restrictions on the 468 legal entities and 1228 individuals About this in his blog on the NRwrote the well-known human rights activist, member of the Board of the Ukrainian Helsinki human Rights Union, the head of Kharkiv Human Rights Group Evgeniy Zaharov.

The following is the opinion of human rights activist:

Let’s try to argue from a position of affirmation and protection of human rights, which, according to Article 3 of the Constitution of Ukraine, is … the primary responsibility of our state.

According to the second part of Article 22 of the Constitution: “With the adoption of new laws or amending existing laws are not allowed narrowing of the content and scope of existing rights and freedoms.” At the same time it is obvious that imposed by the Decree (ie, the act is not even legislative and executive authorities) sanctions restrict the key rights and freedoms guaranteed by the Constitution: the right of ownership (Article 41) and / or freedom of information (Article 34) and / or creative freedom (article 54), and in respect only of individuals – even and / or the right to respect for private and family life (article 32) and / or freedom of movement (article 33).

In order to determine whether the restriction on the right (freedom) justified and valid, it is necessary to turn to his assessment on the basis of principles of the European Convention on Human Rights in 1950 Namely, the restriction of rights must be based on law, pursue a clearly defined goal of Limitations of fundamental law of Ukraine a list of objectives and be proportionate (adequate) in relation to the alleged threat was detected.

In any case, the effects of restrictions on rights and freedoms must bring less damage to society and the individual than the full implementation of the subjective right in its former, that is full. In our case, as far as can be judged, run by a presidential decree limiting the rights and freedoms formally based on the Law of Ukraine “On sanctions” on August 14, 2014, are intended to protect national security (or other objectives listed in Article 1 of the Law “On sanctions” ).

As for the answer to the question whether the rights and freedoms within an acceptable scale violated, the answer can only distance a thorough analysis of the proportionality introduced restrictions stated objectives. Such an analysis, which is very important, must be carried out with respect to each of the listed individuals and entities. In this case, a number of rights may be restricted only after a court decision to impose such restrictions. In any case, the principle of the rule of law requires the State and its agents provide a convincing argument in favor of the need to limit the rights.

Strictly speaking, to restrict the constitutional rights can only be in that case, if no such restriction is really impossible to do. Such a requirement is contained in the well-known presumption: based on the law and the court sanctioned restriction of the right should be recognized as “necessary in a democratic society”.

Whether in this case complied with the required procedure? I suppose not, but was glad to be wrong.

List of individuals to sanctions, including not only the citizens of Russia, but also in other foreign countries. It also got some Ukrainian citizens. We are talking about people living in the occupied territories as the Crimea, Donetsk and Lugansk regions and the territories controlled by the Ukrainian government. And I do not understand how in regard to the latter can act without prior court decision is most often found in the list of restriction of their property rights.

We are talking about blocking assets as a temporary restriction of a person the right to use and dispose of property belonging to him. Such a restriction may be regarded as an infringement of the fundamental right to private property is permissible only in the case of introduction of a state of emergency.

For example, a citizen Zagnibeda KG (№210 in the list), registered and residing in Slavyansk, should, it seems, for a year to get away from his home? And where? The all-knowing Google said that Mr. Zagnibeda born in 1963 – is an entrepreneur, the owner of the LLC “ZAGNIBEDA LTD” with the main activity:. “The production of plates, sheets, tubes and profiles made of plastics.”

In 2015, he ran for city council Slavic, being number 12 in the list of “Ukrainian parties honor the fight against corruption and organized crime.” More than anything substantive, I have not found, so to see at least a hint of why in this case to impose sanctions, failed. It is clear only that, apparently, during the occupation, Mr. Slavyansk Zagnibeda aggressor is not promoted, otherwise would have been prosecuted.

The list of legal entities – offshore companies, banks, airlines, industry, particularly engineering, enterprise, television and radio, social networking, and other services (cloud storage, navigation, music, etc.), software developers (hereinafter – Software) … Many of them have Ukrainian registration, they are in Ukraine and employ ordinary citizens of Ukraine.

Puzzling hit by sanctions of the Russian company “1C” and its Ukrainian representative office of LLC “1C Multimedia Ukraine”. Accounting computer system 1C uses 80% of Ukrainian enterprises of small and medium-sized businesses, the majority of public organizations.

It appears that in this case it is necessary to have very good reasons for decisions on sanctions, the data base must be sure to explain to the population. In general, a review of Ukrainian software development companies have come under the sanctions shows that they all have one similar trait – are subsidiaries or representative of the Russian companies. Is this the only and therefore sufficient from the point of view of the authorities, the legal basis?

Let’s consider the well-known company OOO “Parus-Ukraine”, working on the Ukrainian market since Soviet times. Referring to its website: parus.ua. The main activity of the group of companies “Sail” – the development, promotion and implementation of software for enterprise management. Today, the company – one of the largest software companies in Ukraine, developing business management. In addition to the development of the Center, for the period of its operation, the central office has developed a strong regional network of over 28 regional offices (see. №№ 443-468 in the legal list. Of persons) and more than two dozen dealers. The number of employees is more than 550 professionals, of which more than 250 are working in Kiev.

“Sail” Number of product installations exceeds 200,000, the software operates in more than 20,000 organizations. Users of software products “Sail” is the enterprise telecommunications, large industrial companies, oil and gas companies and thermal power complex, trading companies, insurance, credit and financial companies, design and construction organizations, enterprises transport and logistics, printing companies, publishing and media, restaurant complexes, cafes, bars, pubs, pizzerias, hotels, boarding houses, recreation, night sports and fitness clubs, entertainment centers, water parks, sire structure governmental administration, ministries, departments, committees, universities, medical and health institutions.

At the same site, “Sail” claims that his clients include 80% of the main managers of budgetary funds, including, in particular, the Ministry of Defense, Ministry of Internal Affairs, State Border Service, the regional management of the State Migration Service and emergency services, “Ukrtelecom” “Ukrnafta” SDO “Yuzhnoye”, National school of judges, and many other government agencies.

So it does not surprise me an urgent message on the official website, which appeared May 16 immediately after the release of the Decree, which reads as follows: “Sail” – a group of Ukrainian companies! Information about this can be found on the website under parus.ua “Copyright and Permissions”. Hit in the sanctions list in respect of the group of companies “Sail” is not valid, we will be challenged and is perceived by us as pressure.

And I was not surprised by the appearance of proposals to use all soon any new software products of Ukrainian origin, instead of products 1C, “Sail” and other subsidiaries of Russian software developers. I would like to still hear the explanation why many software developers to apply such a truly draconian restrictive measures.

But imposing sanctions on companies such as “Doctor Web”, “Kaspersky Lab” and their Ukrainian representative offices as no surprise. I had a lot to hear from system administrators familiar that these anti-virus programs as mail.ru complex can not be used, because they are engaged in espionage, embedded in the operating system of aggressive, damage the installation browser, install bugs and illegally collect information without permission and warn users.

In particular, personal information, financial records, data on the location, movement, and the like. The illegal collection of personal data and use them to the detriment of Ukraine also blame social networks “in contact” (VC) and “Classmates” (OK). In particular, the military claimed that the publication of photos of its soldiers in social networks sometimes leads to their death.

If the appeal to the social networks of people involved in the public sector, has brought serious harm to the national security and other public interests listed in Article 1 of the Law “On sanctions”, the restriction of access of civil servants and all other people working in state institutions, seem justified. But whether the state can restrict access to social networks of millions of people, to do with the public institutions do not have? I think it is – a massive violation of the right to privacy and freedom of expression.

The impression is that the imposition of sanctions is motivated primarily by some purely private, commercial and economic interests, and seeks to harm the financial interests of specific companies. In this vein, the sanctions would contribute to both the development of Ukrainian business. For example, as you know, “Yandex” and other Russian companies have brought down Ukrainian advertising market on the Internet and drove with him Ukrainian competitors. Sanctions will remove from the market “Yandex” and others. But it does benefit from that Ukrainian consumers? All this looks very doubtful and uncertain …

And I was wondering if anyone thought about the people who use “Yandex-purse”? For example, they can take in case of need their money? Or initial calculation was that the ban on access to web resources and easy to get around because all who need to quickly learn how to do it? This is indicated by many defenders of Presidential Decree – he, they say, is not directed against users, but against the companies, and that in our democratic state, no one will interfere with the VC and UC fans enjoy this personification of “Russian world”.

But older people remember well how quickly passed us by “enemies uneshnih” to “enemies unutrennim”. Here and now there are voices, including some active deputies, that you need to watch out for those who violate the decree and to hold them accountable. Our state has long dreamed of control over the internet, there have been several attempts to establish it. As long as they did not work. But to deal with the introduction of Internet control under the pretext of protecting information security during the war with the Russian aggressor will be more difficult. In any case, I really do not want to Ukraine in the national security services is easily confused with a rusty ax a surgical scalpel.

Sourse, 22/05/2017

Why “Savchenko law” did not need

May 22, 2017

“Savchenko Law” in Ukraine was canceled because it was no longer necessary. Prisoners who could list the period they were released or left to sit much less.

This edition Gazeta.ua said May 21 Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group.

“Law Savchenko” long wanted to cancel. And it happened. He played a role. It was difficult to differentiate for whom he acted. Therefore, it is easier to cancel than to change it for something. Everyone who could be counted period, then they have listed. Someone ended term of imprisonment or decreased significantly. For its abolition outweighed the negative attitude in the society to the fact that the release of prisoners, and the appearance of rejection Hope Savchenko. “

The law does not provide clear guidance on how to act with people who put life:.. “Do not take into account only the situation with the prisoners, which condemned the life one listed, while others refused because they thought that they are the law does not apply was discussion on about it. In the framework of “law Savchenko” would replace a life sentence for a specific sentence. But with the abolition of the law of the matter was dropped. “

In general, “the law Savchenko” had more positive than negative: “The law reduces the time of those who were in remand prisons with appalling conditions also for those who are convicted of the Code, which was in force until November 2012. Then it was possible to send the case to the.. . for further investigation and the suspect remained in jail for 7-10 years in pretrial detention were men 3-4 times more than the intended place of some forced to sleep in the same bed or in turn, poorly fed These conditions -.. Therefore, for the torture. “Savchenko law” be considered the year in Jail in prison was just over 2 years.

Now there are prisoners who have been tried under the old Code, the nearly empty prison. The conditions in the prison became a little better, though, if only because there is no overcrowding. The new code can be kept in the remand prison of the people can be punished at least 5 years imprisonment.

Negativity of the law there were some prisoners who were sitting at a fairly violent crimes and came much earlier on will than need. Some of them commit crimes again, but it’s not the fault of the law. “

Recall May 18 the Verkhovna Rada has supported the abolition of the so-called “Savchenko law.” He acted with the December 24, 2015. Terrible condition of detention centers and the conditions in which people with respect to which there is a consequence and court, have become the main motive for the adoption of this law. During the operation of the law 10.2 thousand. Inmates released early. Of these, 1.5 thousand. Went back under arrest and trial. We predicted that under this law, to freedom had to get another 34 thousand. Prisoners.

Sourse, 21/05/2017

I do not see any improvement in the human rights situation in Ukraine

May 15, 2017

– Last year in Ukraine, there were signs of improvement in the economy. Increased currency reserves, improve social standards. But I do not see any improvement in the human rights situation, – said the head of the Kharkiv Human Rights Group, a board member of the Ukrainian Helsinki Human Rights Union Evgeniy Zaharov .

– For example, police reform stalled. And for good reason. Only in October last year raised the salaries bulk of police – investigators, operatives, the local inspector. And before they received much less patrol. Disappeared motivation to work. Shortage in the areas reached 30 percent. It does not have someone to work with.

– What should I do first?

– Who have the opportunity to continue to change. First of all, in the criminal section. Most necessary for today – the reform of the Criminal Investigation and the investigation.

– What are the effects of human rights guard the most?

– The lack of mercy on the part of the state to its citizens. Everything comes from poor governance.

Recently I spoke to the chief doctor of the psychiatric hospital of Kharkiv. He said that from the budget to the patient per day on food are seven hryvnia for treatment – six. On drugs means no. The institution of the situation so decide. Privileged categories, war veterans or consumptive assigned 56 hryvnia powered. Their pros and divide at all. Also, spending on food by all means from the paid services that an institution provides to citizens. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

Clearly, the war takes more resources. But you can not treat people like this.

– whether the police are changing?

– It is not that they do not do anything. But they are ineffective. Prosecutors complain that police salary is more than theirs. But the re-certification of police virtually failed. Because it was carried out on the basis of ill-prepared legal act. As a result, one could appeal against the dismissal in court.

– Torture, hanging Affairs on the innocent, knocking indications left?

– It was less. The new Criminal Procedure Code contains many fuses from bad behavior, torture and the like. For example, to detain a person, you need the sanction of the investigating judge. Also, there is a norm of getting free legal aid to those who can not afford a lawyer.

If the victims of violence were about a million in the police in 2011, the year before – 409 million. The number of those who have experienced torture, reduced from 113 thousand to 62 thousand. But it’s still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– Applications become greater. Because the added complaints related to the military conflict in Donbas. For example, former prisoners of war and civilians complain of unlawful deprivation of liberty, torture. Only our organization in the past year, has written more than 200 such applications. More than 300 – colleagues from the Ukrainian Helsinki Union.

Many cases involve loss of property as a result of hostilities. This is an obvious violation of property rights. The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. People can not get a refund from him, turning to the European Court. You can file lawsuits against Russia as an aggressor against Ukraine – for inaction. When there is evidence that it is your property, an application to the European Court prospectively. Some applicants were denied because they only sent photos of destroyed houses. And the documents that would confirm the right of ownership, could not provide because they have destroyed, along with housing.

Sourse, 14/05/2017

On the situation with human rights in Ukraine in 2016

March 8, 2017

Board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group Evgeniy Zaharov believes that the situation with human rights in Ukraine has not improved in 2016.

This he said in an interview Gazeta.ua .

– Last year, the country was undergoing improvements, – says human rights activist. – the beginning of macroeconomic stabilization, increased currency reserves, rising social standards. That is, there are signs of an improving economy. But no progress on improving the human rights situation, I do not see. For example, police reform stalled. And with good reason. Just last year, in October raised the salaries of investigators, detectives, district inspectors. And before they received significantly less than patrol. And this situation was abnormal. Because motivation is gone to work. Shortage in branches reached 30 percent. There was no one to work.

– What is the first thing to do?

– Who have the opportunity to continue the necessary changes. First of all, in the criminal section. After all, the reform of the Criminal Investigation and the investigation to date is the most necessary. Last year in this sense has been lost – due to lack of funds. Because starting any changes when there is insufficient funding law enforcement, against the loss of motivation of employees, is futile.

– What are the effects of human rights guard the most?

– Everything goes from inefficient style of governance. Offer to introduce the patrols, which will check whether all the work in the state. The urge to check the place of residence of immigrants, or to find out who receives a pension in Ukraine and ORDLO. This attitude of the state to the people wrong.

Recently I spoke to the chief doctor of a mental hospital in Kharkov. He said that the budget mentally ill on the day of release at 7 hryvnia food, medical treatment – 6 hryvnia. Therefore, the necessary funds are no drugs. As he comes out of the situation? Privileged categories, for example, consumptive or war veterans, 56 hryvnia relies on food. He divides all the advantages and all. In addition, it leads all money for food from paid services provided by the institution for citizens. Has established strict control over the catering department. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

It is clear that we have a war going on, it takes more resources. But you can not treat people like this. I think the main problem of human rights in Ukraine, the lack of humanity and compassion on the part of the state to its citizens.

– whether the police are changing, prosecutors, other law enforcement agencies?

– To say that they really do not do anything, you can not. But they perform their functions effectively, taking into account the realities. Prosecutors now want to get a big salary. They complain that the police are getting more than they do. But the re-certification of police virtually failed. Because it was carried out on the basis of a legal act that is poorly prepared. As a result, anyone who did not pass re-certification could appeal against his dismissal in court. Thus almost all the security officers returned to their posts. It is simply a profanation, not reform. Re-certification does not become a means of purification of the police.

– That is, such things as torture, hanging Affairs on innocent knock readings were?

– It was less. In particular, because the new Code of Criminal Procedure contains a lot of fuses with respect to mistreatment, torture, and the like. For example, to detain a person, authorized by a judge need an investigator. In addition, there is a norm of getting free legal aid those who can not afford to hire a lawyer. It is also a preventive tool. Finally, the court will not accept evidence obtained during the investigation. If it was about a million, then in 2015 in 2011 the victims of violence by the police – 409 thousand. Number of victims of torture has decreased from 113 000 to 62. But this is still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– statement was more because added complaints related to the military conflict in Donbas. It is, for example, prisoners of war – both military and civilian. They complain about the unlawful imprisonment, detention, torture, and the like. Only our organization in the past year, has written more than 200 such applications. More 300 – from our colleagues from the Ukrainian Helsinki Union. In addition, many of the rights violations associated with the loss of property as a result of hostilities. This is an obvious violation of property rights. Because people can not obtain compensation from the state, then turn to the European Court. The practice of national courts in this contradictory. Some courts satisfy the claim, when shelling destroyed houses and other refuse. When there is evidence that it is your property, the application to the European Court prospectively.

The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. You can file claims against the Russian, as it is the aggressor and against Ukraine – for inaction.

The Court considered the first such case. Some applicants were denied because they did not provide evidence that the property belongs to them. Sent photos of destroyed houses and the thought that this is enough. A document failed to provide, as they destroyed along with houses.

– What are the consequences of the application of the law Savchenko?

– I do not think that the worsening crime situation is directly related to him. This is confirmed by criminological research.

Sourse, 7/05/2017

Information about the doctrine of Petra Poroshenko

February 28, 2017

Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union (UHHRU), director of the Kharkiv Human Rights Group, said the anti-democratic decision of the Decree of the President of Ukraine Petro Poroshenko, regulatory monitoring of the media and the public resources of the Internet to identify information that is banned in Ukraine.

This was a human rights activist told the Ukrainian News agency.

“It is anti-democratic decision. I have over 20 years of struggle with such tendencies and still I managed such a thing to stop. Now it will be very difficult, because behind this, in my opinion, totally mistaken idea that it is necessary to fight the enemy. For fight the enemy must be quite different, “- he said.

Such a decision will only search for the enemy within the country and fight against it.

According to him, media monitoring and public Internet resources affect the freedom of the media.

“Will, of course, in a different way does not happen It (impact) will be expanded.” – he said.

Zakharov added that such a practice exists in Russia, China, Belarus, and not in the free countries.

“It’s just nonsense,” – he added.

The human rights activist believes that such an order is a mistake of Poroshenko and those who support it, because they do not understand the nature of information relations.

Recall President Petro Poroshenko instructed the Ministry of information policy to seek information in the media prohibited.

Earlier Poroshenko instructed the Cabinet to develop a bill that will be possible to lock the sites by the court .

Sourse, 27/02/2017

In February it will be known the new head of the Ukrainian National Police

December 26, 2016

Ukrainian Interior Minister Arsen Avakov announced a competition for the position of head National Police that occupy Khatia Dekanoidze until November. Who joined the Board on the selection of candidates? How will decisions be made?

The competition jury composed of experts from Canada, the US, Denmark and Ukraine.

On the phone with “Gromadska radio” MVD Director of Communications Department Artyom Shevchenko and a member of the competition committee, the founder of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov .

Irina Sampan: How will the competitive commission? It will be ensured transparency of the competition?

Evgeniy Zaharov: Now the candidates submit their application – CV and motivation letter. All received materials are translated into English and simultaneously transmitted to all members of the commission – Ukrainian and foreign. We will study and prepare materials for the meetings – the first will be held on January 18.

the primary analysis will be carried out, whether to send the summary of the qualifications for the post head Natspolitsii contained in the law – a full law degree, not less than 7 years of experience in the legal field and 5 years of managerial experience.

Prior to the first meeting of all candidates pass the test on the General Skills (general skills – Ed.) – the ability to think logically. The same test, which all police officers at recertification.

And the results of these three sources – resume, cover letter, and test – Commission will examine each candidate and ballot to decide whether he will be admitted to the interview. For each will vote personally. All this will be recorded on video, and who wants to be able to see. We just have not decided whether to make a shot in real time or recording and display afterwards.

Irina Sampan: Interviews with candidates will be carried out the commission?

Evgeniy Zaharov: Yes. All candidates will be asked the same questions, so that they are on an equal footing. It will surely be recorded on video and then you will see. After the interview, the commission will select the best three candidates and will give the Interior Ministry, whom she recommended to assign. The minister will have to choose from these three candidates.

Tatiana Troschinsky: The final word of the Minister of the Ministry of Interior ?

Evgeniy Zaharov: Yes, it is legally wrong. The minister is one candidate to the government, the government of his claims.

Irina Sampan: Can be applied to this competition a former policeman, who did not pass the re-certification?

Evgeniy Zaharov: No they do not interfere. But if they had a bad result on the test, why they do it. We introduced the test as a formal evaluation of the candidate’s ability to think. The Commission considered that it is a necessary condition. If a person can not think logically, he can not apply for this position.

Tatiana Troschinsky: In addition to these formal things that the law says that you define important? That may affect your choice to vote or not to vote for the candidate?

Evgeniy Zaharov: There are requirements to the candidate, expressed in the law – a good reputation, high moral qualities. Speaking for myself personally, their preferences – for me it will be very important if the candidate has not been seen in the human rights violations in the past. How he showed earlier in his work.

The interviews will be sufficiently deep and detailed, so that all of this will reveal. His qualities as a manager, communication with people and staff, ability to work in conditions of risk, uncertain environment with incomplete information, the propensity for innovation, creativity.

I also want to emphasize that the norm in the law of at least 7 years of work in the field of law is only at first assumed policing. And it was I who introduced the amendment to the bill that you need to expand the pool of candidates. What should be lawyers, not the police – it may be prosecutors, tax. As Artem Sitnik, who was a very decent and a good candidate for the post of head of the National Anti-Corruption Bureau. bidders circle should not be limited to the police around.

Irina Sampan: When the Commission will submit to the Minister Interior Ministry candidates recommended for the post of Natspolitsii?

Evgeniy Zaharov: The timing is now difficult to say, because it is not clear how many will be applications. If, for example, 200, the operation may take a week. Everyone needs to read, to think, to study, you have to vote for each candidate. Maybe I’m wrong, is a bit of candidates, and we are the first three days have time to do all this. But I think that it is doubtful, and we move on to the next week (after the first meeting on 18 January – Ed.).

Irina Sampan: How many applications have been filed?

Evgeniy Zaharov: Five days ago there were six. This is the ones translated into English and sent to all candidates. It’s Christmas, the intensity of a halt. I think that most of the applications will be after the New Year.

Sourse, 25/12/2016

Why was considered normal “squeeze” the property from the separatist?

November 29, 2016

Fighting in eastern Ukraine led to a significant deterioration of the situation with human rights, including, new extraordinary precedent that did not previously exist in Ukraine. This was stated by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union and the head of Evgeniy Zaharov the Kharkiv Human Rights Group, in an interview , “Gromadska” .

Zakharov said that the first cases of human rights violations related to the situation in the Donbas is to start from the militants, who were persecuted, detained, tortured and killed patriotic citizens. Subsequently, this led to the fact that the Ukrainian military began to use similar methods.

“In response to some of our volunteer teams to see this attitude, we began to operate symmetrically. Torture of prisoners took place, and some were tortured to death. Also killed prisoners. It came into use words such as “pressing”. Why was considered normal “squeeze” the property from separatist, if the separatists. Car, home pick up. This is not a crime if it is an enemy, “- said Zakharov.

The human rights activist noted that a significant part of society “meaningful or not it supports violence against the separatists.”

In addition to Ukrainian volunteer battalions, disturbances in the form of torture is also used employees of the Security Service, as evidenced by the reports Ukrainian Commissioner for Human Rights and the report of the Human Rights Defenders Amnesty international and Human rights watch.

According to Zakharov said that the Ombudsman’s report says that the greatest number of complaints (39%) related to the use of torture was applied in respect of the SBU.

“The Security Service torture detainees, it is not known where they are kept. In fact, according to the law of the SBU, and in the law on pre-trial detention was not a word about the fact that SBU can have investigative detention centers. If they are, then they are illegal, “- he stressed.

Zakharov also mentioned that persons detained in connection with allegations of investigative jurisdiction of the SBU, is charged with terrorism, separatism gosizmenui.

Sourse, 28/11/2016

The biggest violation of human rights among law enforcement agencies come from the SBU

July 21, 2016

What reforms have taken place in the judicial system of Ukraine during the reign of the new government and President Poroshenko and what prospects are opening up in the power department in the near future in an exclusive interview to the online edition of the Ukrainian News – From-UA has told the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, Director of the Kharkiv Human Rights group Evgeniy Zaharov.

Ukraine News – From-UA: Eugene E., good afternoon! What changes do you see in the law enforcement system since the arrival of the new government? The police, the prison service, the prosecutor’s office, the courts, the Ukrainian Security Service?

Evgeniy Zaharov: You see, in fact, comprehensive reform of the entire system of criminal justice, unfortunately, is not happening.

There are some changes in the police, which no longer exists, since the 7 th November 2015 it was replaced by the police.

A new patrol police in the 35 cities of Ukraine, except in rural areas set up, tested, tested and is now being implemented – a new model of public order, based on the rapid response groups. It was first in Sambor, then another nine district department, and then the model has been implemented in three areas since February 2016 years: in Kyiv, Kharkiv and Lviv, most recently in the Khmelnytsky and is now preparing to Volyn. That is, there is reform.

Nevertheless, we must clearly understand that this is only part of the police, which deals with the protection of public order and that has not affected the criminal unit, departmental system of medicine and education. And still a lot to do in order to continue to pursue this reform sequentially.

A major obstacle to this – is a lack of funding. The budget of the police and the Interior Ministry as a whole is very much curtailed, and a situation where a young patrol, who studied for three months, six months or a year of work, and get a much higher salary than the investigators or investigators with experience of 10-15 years – it’s not normal, so do not be must. But the funds to fix it, to raise the salary of those who have passed the certification, simply do not have today. And this is one of the main obstacles of the reform.

If we compare the way that we run the 100m, the 15 meters we already ran. But we need to run further and do not stop, because any stop will be fraught with the fact that all these improvements will be leveled. And the existing police system, which, alas, yet will not go away (because in many ways it continues to persist and everything appeared new can adapt to fit your habits and rules), will remain the same. This danger is, and it must be clearly understood. Because it can not police with a salary of 3-4 thousand hryvnia per month, especially in the big cities, to feed his family, and this will inevitably push him to some other acts of unlawful ways of earning.

If we talk about the prosecutor’s office, the courts, the prison system, the SBU, in my opinion, were only trying to initiate reforms in these bodies, but they failed. More specifically, I am referring to the prosecutor’s office and the courts, because what was done was done poorly. But it has its own reasons, and they can be viewed separately.

Beginning of the reform of the penitentiary system changes the structure of the State Penal Service and not for the actual penal institutions. That is life in the colonies so far has not changed the fact that these reforms have begun. And in fact, here you need to change a lot in practice and in law. But these changes are very difficult, they are harder to do than the police or the prosecutor’s office.

The order, which was formed there, break is not so easy, and if it is broken, then the situation in the colonies will be even worse, because they are financed disgusting. For them, the budget recorded two times less than you need, and they eventually receive half of that half. And actually financed at 25%, only to escape the fact that in each colony are looking for some way to make extra money. And where the administration of the colony successful, there is a better, where unsuccessful – there is worse.

A lot depends on whether the colony is “on the ground”, for example, as it can grow their own fruit and vegetables, in addition to budgetary allocations. And if they still grow and sell, so it’s even better.

And if it’s industrial zone, and there is something made, as is known, such a forced labor – not very productive, and businesses which employ convicted, it is difficult to compete. There’s basically an old worn-out equipment, old dirty technology … But this is a business that is closed from public scrutiny, and there occurs a serious enrichment of those who supervise them, despite the fact that the prisoners themselves receive a penny. And cut this Gordian knot is not possible, because simply these colonies is nothing to exist, even though a significant portion of the money takes the administration of enterprises, which are created when the colonies. Still, at least something, but remains a prisoner. If it will not, the situation will worsen significantly in the colonies. So just this problem can not be solved,

As for the prosecutor’s office – as long as I do not see major changes. It only point changes on staffing levels, or in some individual cases. But they are after the new Attorney-General, and should welcome the fact that he was engaged in such things – the most severe human rights violations in an attempt to eradicate them. Such as, for example, long-term maintenance portion accused detained in prison without penalty. You can also welcome his desire to make personnel changes. But in fact this is just all half-measures, and serious reform of the prosecutor’s office has, in fact, did not start. There is a problem with the presence of the frame, as is the case with the police and the prison system.

Ukraine News – From-UA: Over the past few years, we have changed three times Attorneys General. What is the reason, in your opinion?

Evgeniy Zaharov: This is due to the fact that they could not cope with the tasks that they are being given society and what is waiting for them. They have not been able, nor Oleh Makhnitskyi nor Yarema nor Shokin, to investigate crimes on the Maidan in full. And indeed they were unable to carry out any reform or change the entire system of prosecutors.

One of the reasons lies in the fact that all prosecutors are accountable to the President, and they worked in manual mode. I do not know if it’s true, but argue that the Attorney General Shokin literally daily reports to the President about the work that he did. That is, he received direct orders, what to do in any given situation, and be accountable for it.

It is this dependence Attorney General from the main official in the state – it’s completely normal. This is our problem: our political forces want to control the courts, prosecutors, law enforcement agencies and use them as an instrument for solving their political problems. It should not be. And it was when all power, a greater or lesser extent, and now it continues. And in this conflict and tied inside the prosecutor’s office, for example, Deputy Attorney General Kasko, Sakvarelidze and with so many such things.

That will be obtained from Lutsenko how he will behave in this situation, it is difficult to predict. But it is also clear that there have been delivered as a person close to the president, the former head of PPO fractions, and again you can expect from it will require certain actions in certain cases.

In general, public prosecutors should be independent, as well as the judges. And if that were the case, and they are not crushed, it would be much better. But prosecutors, like judges, there is a danger canned in its own system without any control and it was not changed, and their acceptance of the illegal and unjust decisions on someone’s orders then it will be difficult to correct. And there, and there is very difficult to pass between these two extremes.

Yuri V. started with some positive steps, private, essential, but how much he will be able to reform the system as a whole, we’ll see.

Everywhere very big problem with the staff. But by the way, if we talk about the staff, the best thing to do with this situation in the judicial system. There’s a lot more experienced and trained judges than the illiterate. But the trouble is that from the undue pressure that they get bored, they massively retire. And in a lot of police, who left because they did not want to undergo the procedure, which they were offered.

Although there is another point of view, they are weak people, once they had done so, and God is with them – and I fully understand it. Because it is a strong point of view: put on the form – to serve and to carry out all that is needed. And this is in fact the action of the Bible principle: “Do what you must, come what may.” And if you ran away, then you are a coward – that masculine approach. But such strong people very little, and those who is such, they are very uncomfortable, because they always do what they think is right, and not as orders superiors, and therefore always be under attack.

Ukraine News – From-UA: In one of the political talk show Verkhovna Rada Chairman Andrew Paruby called judicial reform – a major “victory” of the season in the parliament. Do you agree with this?

Evgeniy Zaharov: Unfortunately, he is mistaken. I appreciate the personal qualities of courage, integrity and honesty Parubiya, but I fear that he did not really understand the judicial system. And to say that judicial reform – a major victory in parliament, it is a mistake, in my opinion. Because in fact what happens is that the judicial system is now collapsing under the influence of such reforms.

Here is a very difficult task. On the one hand, the need to ensure the independence of the court, since it will not be open-minded and objective without it. If he is dependent, then it will be easy to pressure. But unfortunately, in this regard the so-called reform is quite Direction: they put the judges even more dependent than before. This is motivated by the fact that the judicial system – corruption, inadequate, does not meet the requirements of the time, and judges are flying all the accusations.

But I think that the judicial system is not more corrupt than any other in our country, and the fact that so judges are generally wrong. After all, judges are different: there is corruption, but there are those who will never take bribes, they just do not allow such cases, where they were waiting for the “right” decision.

So, unfortunately, judicial reform hinders the desire to take executive control of the judges. And whoever is in power, is manifested. With all the presidents since it was, and continues under President Poroshenko same. This is a big mistake, because it is impossible to treat with the judges, requiring them to take the “right” decision. This applies, above all, capital ships, the higher courts. The rest of the ships the same thing happens at the local level. And it turns out that judges are dependent, they are not free in their decisions. What judicial reform can be with such a situation? Yes, no, quite simply.

And then there was noticeably worsened access to justice by banning conventional lawyers, not lawyers, to take part in civil and administrative cases!

Ukraine News – From-UA: Yevgeny Yefimovich, what reforms are experiencing today, the Security Service of Ukraine?

Evgeniy Zaharov: With regard to the Security Service of Ukraine, the situation there is very bad, she did not reform. And today I can say that the greatest violations of human rights among law enforcement agencies come from the Security Service, which is very violates the right to liberty and security of person, the right to protection from torture and so many other rights. The balance between human rights and national security protection solutions quite clearly in favor of national security. And there are so many criminal enterprises, opened the SBU, which, to put it mildly, questionable.

What is happening there is, unfortunately, very often the real outrage. What could make more than once, considering the specific case of criminal prosecutions in the National Security Service. I do believe that this centaur – both intelligence and law enforcement authority – an anachronism, it is not normal, and this is not in any civilized country of the world.

We do not compare ourselves with Russia, we are talking about European countries. Intelligence agency must deal only with data extraction for senior government officials, her job – intelligence and counterintelligence. But the investigation of crimes – this is not her business. And if these functions have dramatically SBU take, it may be, would be transformed into a normal special service.

And today it’s just a body, which is taking advantage of its unique position, that is the main body for the protection of national security, which protects us against terrorism, which actually runs the ATO (and that’s how it is served) is really a body, for which there are very serious tyranny and human rights violations. security service need to take place to put it, and not the one that she now occupies.

Ukraine News – From-UA: What are the prospects in the law enforcement system you see in the near future?

Evgeniy Zaharov: I believe that the reforms could be done, it is a very real thing. But this requires a number of conditions.

The first – the mandatory funding. Here’s what the police reform can be done without additional funding, almost everything has already been done. But in order to move forward, we need the money, which is not. It is necessary to firmly grasp the rule: reforms cost money, and if you do not give money, the reforms will not. And those systems that need to be reformed, without the money will remain in its old state, and then rot.

And the second – political will is needed to implement these reforms. You need to have people who have a clear understanding and have a clear vision of what and how they want to do. To these were new teams that would have sufficient authority and political will to transform the system.

Police experience shows that this is possible in principle. But on the way people who do such things, a lot of difficulties, obstacles, problems. And of course, the reform of the law enforcement system of Ukraine – it is cleaning the Augean stables. And, nevertheless, the reforms could be done despite the fact that it was supported by the state and society, despite the fact that there is sufficient funding – it would all really.

But the obstacles are many: and the wrong political guidance on many issues, and the lack of funds, and perhaps most importantly – the lack of personnel.

Interviewed by Julia Protsyshena

Sourse, 20/07/2016

Instead, the right of profit operates in Ukraine

April 29, 2016

Rights principle does not work in Ukraine. State directs political benefit. A force opponents pressed.

This was stated by Evgeniy Zaharov, member of the Board of the Ukrainian Helsinki Human Rights Union, at a press conference the initiative group of “breast-Perche”.

“One of the main problems in the state and society – it is demagoguery and populism confidence that complex problems can be solved by simple methods In particular, the use of force Many individuals in their actions are guided solely by motives of political expediency and a desire to press their opponents tire out….. . them as far as possible they are not guided by the principles of law I want to emphasize that it is impossible to do so This is the road to a dead end is the way to defeat, “-… Zakharov said.

Recall, the participants of the initiative group “of breast-Perche” unveiled appeal “keep the state from self-destruction”, which called on the Ukrainian people to unite in the struggle for the state and the country’s leadership – to develop a new political system.

Sourse, 28.04.2016

The confrontation of political forces is a serious threat to human rights in Ukraine

January 5, 2016

2016, as the previous two years, will determine the continuing conflict in the east of Ukraine.This was reported by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, the situation with the provision of socio-economic rights of Ukrainians certainly improve if there will be positive developments in the economic sphere.

“A serious threat to Ukraine for Human Rights is a confrontation between the political forces, which leads to a loss of cohesion and possible political crises, worsening the situation as a whole. Unity us today is necessary, and I hope that the public will be able to overcome the calls for radical action, which we constantly hear today, “- said the expert.

As for the reform of the judicial system and law enforcement bodies, the human rights activist does not express much optimism: “There is, unfortunately, not been necessary conditions for this.”

At the same time, Evgeniy Zaharov expressed “very cautious optimism” about the fight against corruption in Ukraine.

“Those institutions that have started to work, in particular, the National Anti-Corruption Bureau and the Anti-Corruption Prosecutor’s Office, no longer able together to investigate corruption crimes. I hope that they will be successful in these matters, and it will not interfere with the obstacles generated by the unification of government and business. If these things can be diluted, then change for the better is possible, “- adds a human rights activist.

In general, according to Evgeniya Zaharova, 2016, as well as 2014-2015., Will determine the continuing conflict in the east of Ukraine.

“In those or other he will continue, God forbid, that these forms were more or less peaceful. From this it follows that Ukraine will be forced to live in such conditions, “- said the expert.

Evgeniy Zaharov also does not exclude the fact that “Naftogaz Ukraine” in 2016 received the first profit.

“We can expect that public procurement following the entry into force of the law, will not be as corrupt as before. And we can expect that will go on police reform, which in 2015 developed well and has the potential to become more successful “, – predicts a human rights activist.

Thus, it said Zakharov, if Ukraine will be able to avoid a large-scale military conflict, those areas in which the foundation was laid for the development, will be able to show positive results.

“I hope that the scale of the conflict will not be that he will be in the same form as now. Although this is, unfortunately, unlikely to save us from new victims “, – he summed up the expert.

Sourse, 04/01/2016

Sentsov and Kol’chenko may return to Ukraine

August 26, 2015

Sentenced to long terms of Ukrainian filmmaker Oleg Sentsov and activist Alexander Kol’chenko could theoretically be exchanged for captured officers of the Russian GRU. This was reported by a member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, lawyers and Sentsova Kol’chenko can seek the transfer of convicts to serve life in Ukraine.

“There is the Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of 22 January 1993. It provides for the transfer of prisoners to serve their sentences in the country of which they are. This good will of the two countries and this could be done on the basis of existing international treaties. But I have serious doubts that this is what happens. Because the Russian leadership this goodwill is simply no “, – Zakharov said.

The expert does not consider Sentsova and Kol’chenko first political prisoners of Ukrainian citizens on the territory of the Russian Federation. According to him, this is not the first case of conviction of political prisoners in Russia, because the country are persecuted and convicted a number of Russian activists and ordinary citizens of Ukraine, who were persecuted for their political beliefs and statements.

Processes themselves human rights activist believes that it is political.

“The process Sentsov-Kol’chenko, as well as in respect of Hope Savchenko, Russia wants to demonstrate that it is, as before, does not consider Ukraine’s independence, has no respect for its sovereignty and believes that it can bring them to trial Ukrainian citizens on trumped-up charges and accuse them in such crimes. This is all in line with the policy that recently the Kremlin is on Ukraine “, – Evgeniy Zaharov believes.

According to human rights activist Oleg Sentsov Alexander Kol’chenko Nadezhda Savchenko and may be released only in the event of a change of political regime in Russia, when they reviewed the criminal cases pending against them. At the same time, he did not rule out the possibility of a prisoner exchange.

“Between Russia and Ukraine, there may be political agreement on the exchange of prisoners, similar to how the Soviet Union exchanged spies in the Soviet political prisoners. Thus, in particular, have been released and went to the West , Vladimir Bukovsky , Mykola Rudenko and other dissidents and human rights activists.

“It’s hard to say, to whom can exchange convicted Sentsova Kol’chenko and, as a matter of trading. The fact that the process of international exchange of prisoners and the people completely secretive and the public does not take part in it. In Ukraine, it is engaged in the Security Service, or rather it is more of a performer, and the main issues are addressed at the highest level of political leadership. But such exchanges happen all the time. Theoretically, Sentsova, Kol’chenko or Hope Savchenko can exchange for the detainees in the ATO zone GRU officers of the Russian Federation. However, I’m not sure this is 100%, “- concluded Evgeniy Zaharov.

Recall, August 25, the North Caucasus District Military Court in Rostov-on-Don convicted in relation to Ukrainian director Oleg Sentsova on charges of planning terrorist attacks in the Crimea. The second defendant – activist Alexander Kol’chenko – found guilty of involvement in the terrorist community, complicity in a terrorist act.

The Ukrainian Foreign Ministry has called illegal and inhumane sentence Russian court in the case of citizens of Ukraine Oleg Sentsova Kol’chenko and Alexander, who were sentenced to 20 and 10 years imprisonment respectively.

Sourse, 25/08/2015

Результаты поиска:

Mixed hatchet and a scalpel

May 23, 2017

So in a nutshell, nA my opinion, can be characterized by a decree of President of Ukraine “On the decision of the National Security and Defense Council of Ukraine of 28 April 2017” On the application of personal special economic and other restrictive measures (sanctions), “which introduced a one-year (or three years, five years, indefinitely -. to each his own), various restrictions on the 468 legal entities and 1228 individuals About this in his blog on the NRwrote the well-known human rights activist, member of the Board of the Ukrainian Helsinki human Rights Union, the head of Kharkiv Human Rights Group Evgeniy Zaharov.

The following is the opinion of human rights activist:

Let’s try to argue from a position of affirmation and protection of human rights, which, according to Article 3 of the Constitution of Ukraine, is … the primary responsibility of our state.

According to the second part of Article 22 of the Constitution: “With the adoption of new laws or amending existing laws are not allowed narrowing of the content and scope of existing rights and freedoms.” At the same time it is obvious that imposed by the Decree (ie, the act is not even legislative and executive authorities) sanctions restrict the key rights and freedoms guaranteed by the Constitution: the right of ownership (Article 41) and / or freedom of information (Article 34) and / or creative freedom (article 54), and in respect only of individuals – even and / or the right to respect for private and family life (article 32) and / or freedom of movement (article 33).

In order to determine whether the restriction on the right (freedom) justified and valid, it is necessary to turn to his assessment on the basis of principles of the European Convention on Human Rights in 1950 Namely, the restriction of rights must be based on law, pursue a clearly defined goal of Limitations of fundamental law of Ukraine a list of objectives and be proportionate (adequate) in relation to the alleged threat was detected.

In any case, the effects of restrictions on rights and freedoms must bring less damage to society and the individual than the full implementation of the subjective right in its former, that is full. In our case, as far as can be judged, run by a presidential decree limiting the rights and freedoms formally based on the Law of Ukraine “On sanctions” on August 14, 2014, are intended to protect national security (or other objectives listed in Article 1 of the Law “On sanctions” ).

As for the answer to the question whether the rights and freedoms within an acceptable scale violated, the answer can only distance a thorough analysis of the proportionality introduced restrictions stated objectives. Such an analysis, which is very important, must be carried out with respect to each of the listed individuals and entities. In this case, a number of rights may be restricted only after a court decision to impose such restrictions. In any case, the principle of the rule of law requires the State and its agents provide a convincing argument in favor of the need to limit the rights.

Strictly speaking, to restrict the constitutional rights can only be in that case, if no such restriction is really impossible to do. Such a requirement is contained in the well-known presumption: based on the law and the court sanctioned restriction of the right should be recognized as “necessary in a democratic society”.

Whether in this case complied with the required procedure? I suppose not, but was glad to be wrong.

List of individuals to sanctions, including not only the citizens of Russia, but also in other foreign countries. It also got some Ukrainian citizens. We are talking about people living in the occupied territories as the Crimea, Donetsk and Lugansk regions and the territories controlled by the Ukrainian government. And I do not understand how in regard to the latter can act without prior court decision is most often found in the list of restriction of their property rights.

We are talking about blocking assets as a temporary restriction of a person the right to use and dispose of property belonging to him. Such a restriction may be regarded as an infringement of the fundamental right to private property is permissible only in the case of introduction of a state of emergency.

For example, a citizen Zagnibeda KG (№210 in the list), registered and residing in Slavyansk, should, it seems, for a year to get away from his home? And where? The all-knowing Google said that Mr. Zagnibeda born in 1963 – is an entrepreneur, the owner of the LLC “ZAGNIBEDA LTD” with the main activity:. “The production of plates, sheets, tubes and profiles made of plastics.”

In 2015, he ran for city council Slavic, being number 12 in the list of “Ukrainian parties honor the fight against corruption and organized crime.” More than anything substantive, I have not found, so to see at least a hint of why in this case to impose sanctions, failed. It is clear only that, apparently, during the occupation, Mr. Slavyansk Zagnibeda aggressor is not promoted, otherwise would have been prosecuted.

The list of legal entities – offshore companies, banks, airlines, industry, particularly engineering, enterprise, television and radio, social networking, and other services (cloud storage, navigation, music, etc.), software developers (hereinafter – Software) … Many of them have Ukrainian registration, they are in Ukraine and employ ordinary citizens of Ukraine.

Puzzling hit by sanctions of the Russian company “1C” and its Ukrainian representative office of LLC “1C Multimedia Ukraine”. Accounting computer system 1C uses 80% of Ukrainian enterprises of small and medium-sized businesses, the majority of public organizations.

It appears that in this case it is necessary to have very good reasons for decisions on sanctions, the data base must be sure to explain to the population. In general, a review of Ukrainian software development companies have come under the sanctions shows that they all have one similar trait – are subsidiaries or representative of the Russian companies. Is this the only and therefore sufficient from the point of view of the authorities, the legal basis?

Let’s consider the well-known company OOO “Parus-Ukraine”, working on the Ukrainian market since Soviet times. Referring to its website: parus.ua. The main activity of the group of companies “Sail” – the development, promotion and implementation of software for enterprise management. Today, the company – one of the largest software companies in Ukraine, developing business management. In addition to the development of the Center, for the period of its operation, the central office has developed a strong regional network of over 28 regional offices (see. №№ 443-468 in the legal list. Of persons) and more than two dozen dealers. The number of employees is more than 550 professionals, of which more than 250 are working in Kiev.

“Sail” Number of product installations exceeds 200,000, the software operates in more than 20,000 organizations. Users of software products “Sail” is the enterprise telecommunications, large industrial companies, oil and gas companies and thermal power complex, trading companies, insurance, credit and financial companies, design and construction organizations, enterprises transport and logistics, printing companies, publishing and media, restaurant complexes, cafes, bars, pubs, pizzerias, hotels, boarding houses, recreation, night sports and fitness clubs, entertainment centers, water parks, sire structure governmental administration, ministries, departments, committees, universities, medical and health institutions.

At the same site, “Sail” claims that his clients include 80% of the main managers of budgetary funds, including, in particular, the Ministry of Defense, Ministry of Internal Affairs, State Border Service, the regional management of the State Migration Service and emergency services, “Ukrtelecom” “Ukrnafta” SDO “Yuzhnoye”, National school of judges, and many other government agencies.

So it does not surprise me an urgent message on the official website, which appeared May 16 immediately after the release of the Decree, which reads as follows: “Sail” – a group of Ukrainian companies! Information about this can be found on the website under parus.ua “Copyright and Permissions”. Hit in the sanctions list in respect of the group of companies “Sail” is not valid, we will be challenged and is perceived by us as pressure.

And I was not surprised by the appearance of proposals to use all soon any new software products of Ukrainian origin, instead of products 1C, “Sail” and other subsidiaries of Russian software developers. I would like to still hear the explanation why many software developers to apply such a truly draconian restrictive measures.

But imposing sanctions on companies such as “Doctor Web”, “Kaspersky Lab” and their Ukrainian representative offices as no surprise. I had a lot to hear from system administrators familiar that these anti-virus programs as mail.ru complex can not be used, because they are engaged in espionage, embedded in the operating system of aggressive, damage the installation browser, install bugs and illegally collect information without permission and warn users.

In particular, personal information, financial records, data on the location, movement, and the like. The illegal collection of personal data and use them to the detriment of Ukraine also blame social networks “in contact” (VC) and “Classmates” (OK). In particular, the military claimed that the publication of photos of its soldiers in social networks sometimes leads to their death.

If the appeal to the social networks of people involved in the public sector, has brought serious harm to the national security and other public interests listed in Article 1 of the Law “On sanctions”, the restriction of access of civil servants and all other people working in state institutions, seem justified. But whether the state can restrict access to social networks of millions of people, to do with the public institutions do not have? I think it is – a massive violation of the right to privacy and freedom of expression.

The impression is that the imposition of sanctions is motivated primarily by some purely private, commercial and economic interests, and seeks to harm the financial interests of specific companies. In this vein, the sanctions would contribute to both the development of Ukrainian business. For example, as you know, “Yandex” and other Russian companies have brought down Ukrainian advertising market on the Internet and drove with him Ukrainian competitors. Sanctions will remove from the market “Yandex” and others. But it does benefit from that Ukrainian consumers? All this looks very doubtful and uncertain …

And I was wondering if anyone thought about the people who use “Yandex-purse”? For example, they can take in case of need their money? Or initial calculation was that the ban on access to web resources and easy to get around because all who need to quickly learn how to do it? This is indicated by many defenders of Presidential Decree – he, they say, is not directed against users, but against the companies, and that in our democratic state, no one will interfere with the VC and UC fans enjoy this personification of “Russian world”.

But older people remember well how quickly passed us by “enemies uneshnih” to “enemies unutrennim”. Here and now there are voices, including some active deputies, that you need to watch out for those who violate the decree and to hold them accountable. Our state has long dreamed of control over the internet, there have been several attempts to establish it. As long as they did not work. But to deal with the introduction of Internet control under the pretext of protecting information security during the war with the Russian aggressor will be more difficult. In any case, I really do not want to Ukraine in the national security services is easily confused with a rusty ax a surgical scalpel.

Sourse, 22/05/2017

Why “Savchenko law” did not need

May 22, 2017

“Savchenko Law” in Ukraine was canceled because it was no longer necessary. Prisoners who could list the period they were released or left to sit much less.

This edition Gazeta.ua said May 21 Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group.

“Law Savchenko” long wanted to cancel. And it happened. He played a role. It was difficult to differentiate for whom he acted. Therefore, it is easier to cancel than to change it for something. Everyone who could be counted period, then they have listed. Someone ended term of imprisonment or decreased significantly. For its abolition outweighed the negative attitude in the society to the fact that the release of prisoners, and the appearance of rejection Hope Savchenko. “

The law does not provide clear guidance on how to act with people who put life:.. “Do not take into account only the situation with the prisoners, which condemned the life one listed, while others refused because they thought that they are the law does not apply was discussion on about it. In the framework of “law Savchenko” would replace a life sentence for a specific sentence. But with the abolition of the law of the matter was dropped. “

In general, “the law Savchenko” had more positive than negative: “The law reduces the time of those who were in remand prisons with appalling conditions also for those who are convicted of the Code, which was in force until November 2012. Then it was possible to send the case to the.. . for further investigation and the suspect remained in jail for 7-10 years in pretrial detention were men 3-4 times more than the intended place of some forced to sleep in the same bed or in turn, poorly fed These conditions -.. Therefore, for the torture. “Savchenko law” be considered the year in Jail in prison was just over 2 years.

Now there are prisoners who have been tried under the old Code, the nearly empty prison. The conditions in the prison became a little better, though, if only because there is no overcrowding. The new code can be kept in the remand prison of the people can be punished at least 5 years imprisonment.

Negativity of the law there were some prisoners who were sitting at a fairly violent crimes and came much earlier on will than need. Some of them commit crimes again, but it’s not the fault of the law. “

Recall May 18 the Verkhovna Rada has supported the abolition of the so-called “Savchenko law.” He acted with the December 24, 2015. Terrible condition of detention centers and the conditions in which people with respect to which there is a consequence and court, have become the main motive for the adoption of this law. During the operation of the law 10.2 thousand. Inmates released early. Of these, 1.5 thousand. Went back under arrest and trial. We predicted that under this law, to freedom had to get another 34 thousand. Prisoners.

Sourse, 21/05/2017

I do not see any improvement in the human rights situation in Ukraine

May 15, 2017

– Last year in Ukraine, there were signs of improvement in the economy. Increased currency reserves, improve social standards. But I do not see any improvement in the human rights situation, – said the head of the Kharkiv Human Rights Group, a board member of the Ukrainian Helsinki Human Rights Union Evgeniy Zaharov .

– For example, police reform stalled. And for good reason. Only in October last year raised the salaries bulk of police – investigators, operatives, the local inspector. And before they received much less patrol. Disappeared motivation to work. Shortage in the areas reached 30 percent. It does not have someone to work with.

– What should I do first?

– Who have the opportunity to continue to change. First of all, in the criminal section. Most necessary for today – the reform of the Criminal Investigation and the investigation.

– What are the effects of human rights guard the most?

– The lack of mercy on the part of the state to its citizens. Everything comes from poor governance.

Recently I spoke to the chief doctor of the psychiatric hospital of Kharkiv. He said that from the budget to the patient per day on food are seven hryvnia for treatment – six. On drugs means no. The institution of the situation so decide. Privileged categories, war veterans or consumptive assigned 56 hryvnia powered. Their pros and divide at all. Also, spending on food by all means from the paid services that an institution provides to citizens. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

Clearly, the war takes more resources. But you can not treat people like this.

– whether the police are changing?

– It is not that they do not do anything. But they are ineffective. Prosecutors complain that police salary is more than theirs. But the re-certification of police virtually failed. Because it was carried out on the basis of ill-prepared legal act. As a result, one could appeal against the dismissal in court.

– Torture, hanging Affairs on the innocent, knocking indications left?

– It was less. The new Criminal Procedure Code contains many fuses from bad behavior, torture and the like. For example, to detain a person, you need the sanction of the investigating judge. Also, there is a norm of getting free legal aid to those who can not afford a lawyer.

If the victims of violence were about a million in the police in 2011, the year before – 409 million. The number of those who have experienced torture, reduced from 113 thousand to 62 thousand. But it’s still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– Applications become greater. Because the added complaints related to the military conflict in Donbas. For example, former prisoners of war and civilians complain of unlawful deprivation of liberty, torture. Only our organization in the past year, has written more than 200 such applications. More than 300 – colleagues from the Ukrainian Helsinki Union.

Many cases involve loss of property as a result of hostilities. This is an obvious violation of property rights. The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. People can not get a refund from him, turning to the European Court. You can file lawsuits against Russia as an aggressor against Ukraine – for inaction. When there is evidence that it is your property, an application to the European Court prospectively. Some applicants were denied because they only sent photos of destroyed houses. And the documents that would confirm the right of ownership, could not provide because they have destroyed, along with housing.

Sourse, 14/05/2017

On the situation with human rights in Ukraine in 2016

March 8, 2017

Board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group Evgeniy Zaharov believes that the situation with human rights in Ukraine has not improved in 2016.

This he said in an interview Gazeta.ua .

– Last year, the country was undergoing improvements, – says human rights activist. – the beginning of macroeconomic stabilization, increased currency reserves, rising social standards. That is, there are signs of an improving economy. But no progress on improving the human rights situation, I do not see. For example, police reform stalled. And with good reason. Just last year, in October raised the salaries of investigators, detectives, district inspectors. And before they received significantly less than patrol. And this situation was abnormal. Because motivation is gone to work. Shortage in branches reached 30 percent. There was no one to work.

– What is the first thing to do?

– Who have the opportunity to continue the necessary changes. First of all, in the criminal section. After all, the reform of the Criminal Investigation and the investigation to date is the most necessary. Last year in this sense has been lost – due to lack of funds. Because starting any changes when there is insufficient funding law enforcement, against the loss of motivation of employees, is futile.

– What are the effects of human rights guard the most?

– Everything goes from inefficient style of governance. Offer to introduce the patrols, which will check whether all the work in the state. The urge to check the place of residence of immigrants, or to find out who receives a pension in Ukraine and ORDLO. This attitude of the state to the people wrong.

Recently I spoke to the chief doctor of a mental hospital in Kharkov. He said that the budget mentally ill on the day of release at 7 hryvnia food, medical treatment – 6 hryvnia. Therefore, the necessary funds are no drugs. As he comes out of the situation? Privileged categories, for example, consumptive or war veterans, 56 hryvnia relies on food. He divides all the advantages and all. In addition, it leads all money for food from paid services provided by the institution for citizens. Has established strict control over the catering department. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

It is clear that we have a war going on, it takes more resources. But you can not treat people like this. I think the main problem of human rights in Ukraine, the lack of humanity and compassion on the part of the state to its citizens.

– whether the police are changing, prosecutors, other law enforcement agencies?

– To say that they really do not do anything, you can not. But they perform their functions effectively, taking into account the realities. Prosecutors now want to get a big salary. They complain that the police are getting more than they do. But the re-certification of police virtually failed. Because it was carried out on the basis of a legal act that is poorly prepared. As a result, anyone who did not pass re-certification could appeal against his dismissal in court. Thus almost all the security officers returned to their posts. It is simply a profanation, not reform. Re-certification does not become a means of purification of the police.

– That is, such things as torture, hanging Affairs on innocent knock readings were?

– It was less. In particular, because the new Code of Criminal Procedure contains a lot of fuses with respect to mistreatment, torture, and the like. For example, to detain a person, authorized by a judge need an investigator. In addition, there is a norm of getting free legal aid those who can not afford to hire a lawyer. It is also a preventive tool. Finally, the court will not accept evidence obtained during the investigation. If it was about a million, then in 2015 in 2011 the victims of violence by the police – 409 thousand. Number of victims of torture has decreased from 113 000 to 62. But this is still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– statement was more because added complaints related to the military conflict in Donbas. It is, for example, prisoners of war – both military and civilian. They complain about the unlawful imprisonment, detention, torture, and the like. Only our organization in the past year, has written more than 200 such applications. More 300 – from our colleagues from the Ukrainian Helsinki Union. In addition, many of the rights violations associated with the loss of property as a result of hostilities. This is an obvious violation of property rights. Because people can not obtain compensation from the state, then turn to the European Court. The practice of national courts in this contradictory. Some courts satisfy the claim, when shelling destroyed houses and other refuse. When there is evidence that it is your property, the application to the European Court prospectively.

The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. You can file claims against the Russian, as it is the aggressor and against Ukraine – for inaction.

The Court considered the first such case. Some applicants were denied because they did not provide evidence that the property belongs to them. Sent photos of destroyed houses and the thought that this is enough. A document failed to provide, as they destroyed along with houses.

– What are the consequences of the application of the law Savchenko?

– I do not think that the worsening crime situation is directly related to him. This is confirmed by criminological research.

Sourse, 7/05/2017

Information about the doctrine of Petra Poroshenko

February 28, 2017

Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union (UHHRU), director of the Kharkiv Human Rights Group, said the anti-democratic decision of the Decree of the President of Ukraine Petro Poroshenko, regulatory monitoring of the media and the public resources of the Internet to identify information that is banned in Ukraine.

This was a human rights activist told the Ukrainian News agency.

“It is anti-democratic decision. I have over 20 years of struggle with such tendencies and still I managed such a thing to stop. Now it will be very difficult, because behind this, in my opinion, totally mistaken idea that it is necessary to fight the enemy. For fight the enemy must be quite different, “- he said.

Such a decision will only search for the enemy within the country and fight against it.

According to him, media monitoring and public Internet resources affect the freedom of the media.

“Will, of course, in a different way does not happen It (impact) will be expanded.” – he said.

Zakharov added that such a practice exists in Russia, China, Belarus, and not in the free countries.

“It’s just nonsense,” – he added.

The human rights activist believes that such an order is a mistake of Poroshenko and those who support it, because they do not understand the nature of information relations.

Recall President Petro Poroshenko instructed the Ministry of information policy to seek information in the media prohibited.

Earlier Poroshenko instructed the Cabinet to develop a bill that will be possible to lock the sites by the court .

Sourse, 27/02/2017

In February it will be known the new head of the Ukrainian National Police

December 26, 2016

Ukrainian Interior Minister Arsen Avakov announced a competition for the position of head National Police that occupy Khatia Dekanoidze until November. Who joined the Board on the selection of candidates? How will decisions be made?

The competition jury composed of experts from Canada, the US, Denmark and Ukraine.

On the phone with “Gromadska radio” MVD Director of Communications Department Artyom Shevchenko and a member of the competition committee, the founder of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov .

Irina Sampan: How will the competitive commission? It will be ensured transparency of the competition?

Evgeniy Zaharov: Now the candidates submit their application – CV and motivation letter. All received materials are translated into English and simultaneously transmitted to all members of the commission – Ukrainian and foreign. We will study and prepare materials for the meetings – the first will be held on January 18.

the primary analysis will be carried out, whether to send the summary of the qualifications for the post head Natspolitsii contained in the law – a full law degree, not less than 7 years of experience in the legal field and 5 years of managerial experience.

Prior to the first meeting of all candidates pass the test on the General Skills (general skills – Ed.) – the ability to think logically. The same test, which all police officers at recertification.

And the results of these three sources – resume, cover letter, and test – Commission will examine each candidate and ballot to decide whether he will be admitted to the interview. For each will vote personally. All this will be recorded on video, and who wants to be able to see. We just have not decided whether to make a shot in real time or recording and display afterwards.

Irina Sampan: Interviews with candidates will be carried out the commission?

Evgeniy Zaharov: Yes. All candidates will be asked the same questions, so that they are on an equal footing. It will surely be recorded on video and then you will see. After the interview, the commission will select the best three candidates and will give the Interior Ministry, whom she recommended to assign. The minister will have to choose from these three candidates.

Tatiana Troschinsky: The final word of the Minister of the Ministry of Interior ?

Evgeniy Zaharov: Yes, it is legally wrong. The minister is one candidate to the government, the government of his claims.

Irina Sampan: Can be applied to this competition a former policeman, who did not pass the re-certification?

Evgeniy Zaharov: No they do not interfere. But if they had a bad result on the test, why they do it. We introduced the test as a formal evaluation of the candidate’s ability to think. The Commission considered that it is a necessary condition. If a person can not think logically, he can not apply for this position.

Tatiana Troschinsky: In addition to these formal things that the law says that you define important? That may affect your choice to vote or not to vote for the candidate?

Evgeniy Zaharov: There are requirements to the candidate, expressed in the law – a good reputation, high moral qualities. Speaking for myself personally, their preferences – for me it will be very important if the candidate has not been seen in the human rights violations in the past. How he showed earlier in his work.

The interviews will be sufficiently deep and detailed, so that all of this will reveal. His qualities as a manager, communication with people and staff, ability to work in conditions of risk, uncertain environment with incomplete information, the propensity for innovation, creativity.

I also want to emphasize that the norm in the law of at least 7 years of work in the field of law is only at first assumed policing. And it was I who introduced the amendment to the bill that you need to expand the pool of candidates. What should be lawyers, not the police – it may be prosecutors, tax. As Artem Sitnik, who was a very decent and a good candidate for the post of head of the National Anti-Corruption Bureau. bidders circle should not be limited to the police around.

Irina Sampan: When the Commission will submit to the Minister Interior Ministry candidates recommended for the post of Natspolitsii?

Evgeniy Zaharov: The timing is now difficult to say, because it is not clear how many will be applications. If, for example, 200, the operation may take a week. Everyone needs to read, to think, to study, you have to vote for each candidate. Maybe I’m wrong, is a bit of candidates, and we are the first three days have time to do all this. But I think that it is doubtful, and we move on to the next week (after the first meeting on 18 January – Ed.).

Irina Sampan: How many applications have been filed?

Evgeniy Zaharov: Five days ago there were six. This is the ones translated into English and sent to all candidates. It’s Christmas, the intensity of a halt. I think that most of the applications will be after the New Year.

Sourse, 25/12/2016

Why was considered normal “squeeze” the property from the separatist?

November 29, 2016

Fighting in eastern Ukraine led to a significant deterioration of the situation with human rights, including, new extraordinary precedent that did not previously exist in Ukraine. This was stated by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union and the head of Evgeniy Zaharov the Kharkiv Human Rights Group, in an interview , “Gromadska” .

Zakharov said that the first cases of human rights violations related to the situation in the Donbas is to start from the militants, who were persecuted, detained, tortured and killed patriotic citizens. Subsequently, this led to the fact that the Ukrainian military began to use similar methods.

“In response to some of our volunteer teams to see this attitude, we began to operate symmetrically. Torture of prisoners took place, and some were tortured to death. Also killed prisoners. It came into use words such as “pressing”. Why was considered normal “squeeze” the property from separatist, if the separatists. Car, home pick up. This is not a crime if it is an enemy, “- said Zakharov.

The human rights activist noted that a significant part of society “meaningful or not it supports violence against the separatists.”

In addition to Ukrainian volunteer battalions, disturbances in the form of torture is also used employees of the Security Service, as evidenced by the reports Ukrainian Commissioner for Human Rights and the report of the Human Rights Defenders Amnesty international and Human rights watch.

According to Zakharov said that the Ombudsman’s report says that the greatest number of complaints (39%) related to the use of torture was applied in respect of the SBU.

“The Security Service torture detainees, it is not known where they are kept. In fact, according to the law of the SBU, and in the law on pre-trial detention was not a word about the fact that SBU can have investigative detention centers. If they are, then they are illegal, “- he stressed.

Zakharov also mentioned that persons detained in connection with allegations of investigative jurisdiction of the SBU, is charged with terrorism, separatism gosizmenui.

Sourse, 28/11/2016

The biggest violation of human rights among law enforcement agencies come from the SBU

July 21, 2016

What reforms have taken place in the judicial system of Ukraine during the reign of the new government and President Poroshenko and what prospects are opening up in the power department in the near future in an exclusive interview to the online edition of the Ukrainian News – From-UA has told the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, Director of the Kharkiv Human Rights group Evgeniy Zaharov.

Ukraine News – From-UA: Eugene E., good afternoon! What changes do you see in the law enforcement system since the arrival of the new government? The police, the prison service, the prosecutor’s office, the courts, the Ukrainian Security Service?

Evgeniy Zaharov: You see, in fact, comprehensive reform of the entire system of criminal justice, unfortunately, is not happening.

There are some changes in the police, which no longer exists, since the 7 th November 2015 it was replaced by the police.

A new patrol police in the 35 cities of Ukraine, except in rural areas set up, tested, tested and is now being implemented – a new model of public order, based on the rapid response groups. It was first in Sambor, then another nine district department, and then the model has been implemented in three areas since February 2016 years: in Kyiv, Kharkiv and Lviv, most recently in the Khmelnytsky and is now preparing to Volyn. That is, there is reform.

Nevertheless, we must clearly understand that this is only part of the police, which deals with the protection of public order and that has not affected the criminal unit, departmental system of medicine and education. And still a lot to do in order to continue to pursue this reform sequentially.

A major obstacle to this – is a lack of funding. The budget of the police and the Interior Ministry as a whole is very much curtailed, and a situation where a young patrol, who studied for three months, six months or a year of work, and get a much higher salary than the investigators or investigators with experience of 10-15 years – it’s not normal, so do not be must. But the funds to fix it, to raise the salary of those who have passed the certification, simply do not have today. And this is one of the main obstacles of the reform.

If we compare the way that we run the 100m, the 15 meters we already ran. But we need to run further and do not stop, because any stop will be fraught with the fact that all these improvements will be leveled. And the existing police system, which, alas, yet will not go away (because in many ways it continues to persist and everything appeared new can adapt to fit your habits and rules), will remain the same. This danger is, and it must be clearly understood. Because it can not police with a salary of 3-4 thousand hryvnia per month, especially in the big cities, to feed his family, and this will inevitably push him to some other acts of unlawful ways of earning.

If we talk about the prosecutor’s office, the courts, the prison system, the SBU, in my opinion, were only trying to initiate reforms in these bodies, but they failed. More specifically, I am referring to the prosecutor’s office and the courts, because what was done was done poorly. But it has its own reasons, and they can be viewed separately.

Beginning of the reform of the penitentiary system changes the structure of the State Penal Service and not for the actual penal institutions. That is life in the colonies so far has not changed the fact that these reforms have begun. And in fact, here you need to change a lot in practice and in law. But these changes are very difficult, they are harder to do than the police or the prosecutor’s office.

The order, which was formed there, break is not so easy, and if it is broken, then the situation in the colonies will be even worse, because they are financed disgusting. For them, the budget recorded two times less than you need, and they eventually receive half of that half. And actually financed at 25%, only to escape the fact that in each colony are looking for some way to make extra money. And where the administration of the colony successful, there is a better, where unsuccessful – there is worse.

A lot depends on whether the colony is “on the ground”, for example, as it can grow their own fruit and vegetables, in addition to budgetary allocations. And if they still grow and sell, so it’s even better.

And if it’s industrial zone, and there is something made, as is known, such a forced labor – not very productive, and businesses which employ convicted, it is difficult to compete. There’s basically an old worn-out equipment, old dirty technology … But this is a business that is closed from public scrutiny, and there occurs a serious enrichment of those who supervise them, despite the fact that the prisoners themselves receive a penny. And cut this Gordian knot is not possible, because simply these colonies is nothing to exist, even though a significant portion of the money takes the administration of enterprises, which are created when the colonies. Still, at least something, but remains a prisoner. If it will not, the situation will worsen significantly in the colonies. So just this problem can not be solved,

As for the prosecutor’s office – as long as I do not see major changes. It only point changes on staffing levels, or in some individual cases. But they are after the new Attorney-General, and should welcome the fact that he was engaged in such things – the most severe human rights violations in an attempt to eradicate them. Such as, for example, long-term maintenance portion accused detained in prison without penalty. You can also welcome his desire to make personnel changes. But in fact this is just all half-measures, and serious reform of the prosecutor’s office has, in fact, did not start. There is a problem with the presence of the frame, as is the case with the police and the prison system.

Ukraine News – From-UA: Over the past few years, we have changed three times Attorneys General. What is the reason, in your opinion?

Evgeniy Zaharov: This is due to the fact that they could not cope with the tasks that they are being given society and what is waiting for them. They have not been able, nor Oleh Makhnitskyi nor Yarema nor Shokin, to investigate crimes on the Maidan in full. And indeed they were unable to carry out any reform or change the entire system of prosecutors.

One of the reasons lies in the fact that all prosecutors are accountable to the President, and they worked in manual mode. I do not know if it’s true, but argue that the Attorney General Shokin literally daily reports to the President about the work that he did. That is, he received direct orders, what to do in any given situation, and be accountable for it.

It is this dependence Attorney General from the main official in the state – it’s completely normal. This is our problem: our political forces want to control the courts, prosecutors, law enforcement agencies and use them as an instrument for solving their political problems. It should not be. And it was when all power, a greater or lesser extent, and now it continues. And in this conflict and tied inside the prosecutor’s office, for example, Deputy Attorney General Kasko, Sakvarelidze and with so many such things.

That will be obtained from Lutsenko how he will behave in this situation, it is difficult to predict. But it is also clear that there have been delivered as a person close to the president, the former head of PPO fractions, and again you can expect from it will require certain actions in certain cases.

In general, public prosecutors should be independent, as well as the judges. And if that were the case, and they are not crushed, it would be much better. But prosecutors, like judges, there is a danger canned in its own system without any control and it was not changed, and their acceptance of the illegal and unjust decisions on someone’s orders then it will be difficult to correct. And there, and there is very difficult to pass between these two extremes.

Yuri V. started with some positive steps, private, essential, but how much he will be able to reform the system as a whole, we’ll see.

Everywhere very big problem with the staff. But by the way, if we talk about the staff, the best thing to do with this situation in the judicial system. There’s a lot more experienced and trained judges than the illiterate. But the trouble is that from the undue pressure that they get bored, they massively retire. And in a lot of police, who left because they did not want to undergo the procedure, which they were offered.

Although there is another point of view, they are weak people, once they had done so, and God is with them – and I fully understand it. Because it is a strong point of view: put on the form – to serve and to carry out all that is needed. And this is in fact the action of the Bible principle: “Do what you must, come what may.” And if you ran away, then you are a coward – that masculine approach. But such strong people very little, and those who is such, they are very uncomfortable, because they always do what they think is right, and not as orders superiors, and therefore always be under attack.

Ukraine News – From-UA: In one of the political talk show Verkhovna Rada Chairman Andrew Paruby called judicial reform – a major “victory” of the season in the parliament. Do you agree with this?

Evgeniy Zaharov: Unfortunately, he is mistaken. I appreciate the personal qualities of courage, integrity and honesty Parubiya, but I fear that he did not really understand the judicial system. And to say that judicial reform – a major victory in parliament, it is a mistake, in my opinion. Because in fact what happens is that the judicial system is now collapsing under the influence of such reforms.

Here is a very difficult task. On the one hand, the need to ensure the independence of the court, since it will not be open-minded and objective without it. If he is dependent, then it will be easy to pressure. But unfortunately, in this regard the so-called reform is quite Direction: they put the judges even more dependent than before. This is motivated by the fact that the judicial system – corruption, inadequate, does not meet the requirements of the time, and judges are flying all the accusations.

But I think that the judicial system is not more corrupt than any other in our country, and the fact that so judges are generally wrong. After all, judges are different: there is corruption, but there are those who will never take bribes, they just do not allow such cases, where they were waiting for the “right” decision.

So, unfortunately, judicial reform hinders the desire to take executive control of the judges. And whoever is in power, is manifested. With all the presidents since it was, and continues under President Poroshenko same. This is a big mistake, because it is impossible to treat with the judges, requiring them to take the “right” decision. This applies, above all, capital ships, the higher courts. The rest of the ships the same thing happens at the local level. And it turns out that judges are dependent, they are not free in their decisions. What judicial reform can be with such a situation? Yes, no, quite simply.

And then there was noticeably worsened access to justice by banning conventional lawyers, not lawyers, to take part in civil and administrative cases!

Ukraine News – From-UA: Yevgeny Yefimovich, what reforms are experiencing today, the Security Service of Ukraine?

Evgeniy Zaharov: With regard to the Security Service of Ukraine, the situation there is very bad, she did not reform. And today I can say that the greatest violations of human rights among law enforcement agencies come from the Security Service, which is very violates the right to liberty and security of person, the right to protection from torture and so many other rights. The balance between human rights and national security protection solutions quite clearly in favor of national security. And there are so many criminal enterprises, opened the SBU, which, to put it mildly, questionable.

What is happening there is, unfortunately, very often the real outrage. What could make more than once, considering the specific case of criminal prosecutions in the National Security Service. I do believe that this centaur – both intelligence and law enforcement authority – an anachronism, it is not normal, and this is not in any civilized country of the world.

We do not compare ourselves with Russia, we are talking about European countries. Intelligence agency must deal only with data extraction for senior government officials, her job – intelligence and counterintelligence. But the investigation of crimes – this is not her business. And if these functions have dramatically SBU take, it may be, would be transformed into a normal special service.

And today it’s just a body, which is taking advantage of its unique position, that is the main body for the protection of national security, which protects us against terrorism, which actually runs the ATO (and that’s how it is served) is really a body, for which there are very serious tyranny and human rights violations. security service need to take place to put it, and not the one that she now occupies.

Ukraine News – From-UA: What are the prospects in the law enforcement system you see in the near future?

Evgeniy Zaharov: I believe that the reforms could be done, it is a very real thing. But this requires a number of conditions.

The first – the mandatory funding. Here’s what the police reform can be done without additional funding, almost everything has already been done. But in order to move forward, we need the money, which is not. It is necessary to firmly grasp the rule: reforms cost money, and if you do not give money, the reforms will not. And those systems that need to be reformed, without the money will remain in its old state, and then rot.

And the second – political will is needed to implement these reforms. You need to have people who have a clear understanding and have a clear vision of what and how they want to do. To these were new teams that would have sufficient authority and political will to transform the system.

Police experience shows that this is possible in principle. But on the way people who do such things, a lot of difficulties, obstacles, problems. And of course, the reform of the law enforcement system of Ukraine – it is cleaning the Augean stables. And, nevertheless, the reforms could be done despite the fact that it was supported by the state and society, despite the fact that there is sufficient funding – it would all really.

But the obstacles are many: and the wrong political guidance on many issues, and the lack of funds, and perhaps most importantly – the lack of personnel.

Interviewed by Julia Protsyshena

Sourse, 20/07/2016

Instead, the right of profit operates in Ukraine

April 29, 2016

Rights principle does not work in Ukraine. State directs political benefit. A force opponents pressed.

This was stated by Evgeniy Zaharov, member of the Board of the Ukrainian Helsinki Human Rights Union, at a press conference the initiative group of “breast-Perche”.

“One of the main problems in the state and society – it is demagoguery and populism confidence that complex problems can be solved by simple methods In particular, the use of force Many individuals in their actions are guided solely by motives of political expediency and a desire to press their opponents tire out….. . them as far as possible they are not guided by the principles of law I want to emphasize that it is impossible to do so This is the road to a dead end is the way to defeat, “-… Zakharov said.

Recall, the participants of the initiative group “of breast-Perche” unveiled appeal “keep the state from self-destruction”, which called on the Ukrainian people to unite in the struggle for the state and the country’s leadership – to develop a new political system.

Sourse, 28.04.2016

The confrontation of political forces is a serious threat to human rights in Ukraine

January 5, 2016

2016, as the previous two years, will determine the continuing conflict in the east of Ukraine.This was reported by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, the situation with the provision of socio-economic rights of Ukrainians certainly improve if there will be positive developments in the economic sphere.

“A serious threat to Ukraine for Human Rights is a confrontation between the political forces, which leads to a loss of cohesion and possible political crises, worsening the situation as a whole. Unity us today is necessary, and I hope that the public will be able to overcome the calls for radical action, which we constantly hear today, “- said the expert.

As for the reform of the judicial system and law enforcement bodies, the human rights activist does not express much optimism: “There is, unfortunately, not been necessary conditions for this.”

At the same time, Evgeniy Zaharov expressed “very cautious optimism” about the fight against corruption in Ukraine.

“Those institutions that have started to work, in particular, the National Anti-Corruption Bureau and the Anti-Corruption Prosecutor’s Office, no longer able together to investigate corruption crimes. I hope that they will be successful in these matters, and it will not interfere with the obstacles generated by the unification of government and business. If these things can be diluted, then change for the better is possible, “- adds a human rights activist.

In general, according to Evgeniya Zaharova, 2016, as well as 2014-2015., Will determine the continuing conflict in the east of Ukraine.

“In those or other he will continue, God forbid, that these forms were more or less peaceful. From this it follows that Ukraine will be forced to live in such conditions, “- said the expert.

Evgeniy Zaharov also does not exclude the fact that “Naftogaz Ukraine” in 2016 received the first profit.

“We can expect that public procurement following the entry into force of the law, will not be as corrupt as before. And we can expect that will go on police reform, which in 2015 developed well and has the potential to become more successful “, – predicts a human rights activist.

Thus, it said Zakharov, if Ukraine will be able to avoid a large-scale military conflict, those areas in which the foundation was laid for the development, will be able to show positive results.

“I hope that the scale of the conflict will not be that he will be in the same form as now. Although this is, unfortunately, unlikely to save us from new victims “, – he summed up the expert.

Sourse, 04/01/2016

Sentsov and Kol’chenko may return to Ukraine

August 26, 2015

Sentenced to long terms of Ukrainian filmmaker Oleg Sentsov and activist Alexander Kol’chenko could theoretically be exchanged for captured officers of the Russian GRU. This was reported by a member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, lawyers and Sentsova Kol’chenko can seek the transfer of convicts to serve life in Ukraine.

“There is the Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of 22 January 1993. It provides for the transfer of prisoners to serve their sentences in the country of which they are. This good will of the two countries and this could be done on the basis of existing international treaties. But I have serious doubts that this is what happens. Because the Russian leadership this goodwill is simply no “, – Zakharov said.

The expert does not consider Sentsova and Kol’chenko first political prisoners of Ukrainian citizens on the territory of the Russian Federation. According to him, this is not the first case of conviction of political prisoners in Russia, because the country are persecuted and convicted a number of Russian activists and ordinary citizens of Ukraine, who were persecuted for their political beliefs and statements.

Processes themselves human rights activist believes that it is political.

“The process Sentsov-Kol’chenko, as well as in respect of Hope Savchenko, Russia wants to demonstrate that it is, as before, does not consider Ukraine’s independence, has no respect for its sovereignty and believes that it can bring them to trial Ukrainian citizens on trumped-up charges and accuse them in such crimes. This is all in line with the policy that recently the Kremlin is on Ukraine “, – Evgeniy Zaharov believes.

According to human rights activist Oleg Sentsov Alexander Kol’chenko Nadezhda Savchenko and may be released only in the event of a change of political regime in Russia, when they reviewed the criminal cases pending against them. At the same time, he did not rule out the possibility of a prisoner exchange.

“Between Russia and Ukraine, there may be political agreement on the exchange of prisoners, similar to how the Soviet Union exchanged spies in the Soviet political prisoners. Thus, in particular, have been released and went to the West , Vladimir Bukovsky , Mykola Rudenko and other dissidents and human rights activists.

“It’s hard to say, to whom can exchange convicted Sentsova Kol’chenko and, as a matter of trading. The fact that the process of international exchange of prisoners and the people completely secretive and the public does not take part in it. In Ukraine, it is engaged in the Security Service, or rather it is more of a performer, and the main issues are addressed at the highest level of political leadership. But such exchanges happen all the time. Theoretically, Sentsova, Kol’chenko or Hope Savchenko can exchange for the detainees in the ATO zone GRU officers of the Russian Federation. However, I’m not sure this is 100%, “- concluded Evgeniy Zaharov.

Recall, August 25, the North Caucasus District Military Court in Rostov-on-Don convicted in relation to Ukrainian director Oleg Sentsova on charges of planning terrorist attacks in the Crimea. The second defendant – activist Alexander Kol’chenko – found guilty of involvement in the terrorist community, complicity in a terrorist act.

The Ukrainian Foreign Ministry has called illegal and inhumane sentence Russian court in the case of citizens of Ukraine Oleg Sentsova Kol’chenko and Alexander, who were sentenced to 20 and 10 years imprisonment respectively.

Sourse, 25/08/2015

Результаты поиска:

Mixed hatchet and a scalpel

May 23, 2017

So in a nutshell, nA my opinion, can be characterized by a decree of President of Ukraine “On the decision of the National Security and Defense Council of Ukraine of 28 April 2017” On the application of personal special economic and other restrictive measures (sanctions), “which introduced a one-year (or three years, five years, indefinitely -. to each his own), various restrictions on the 468 legal entities and 1228 individuals About this in his blog on the NRwrote the well-known human rights activist, member of the Board of the Ukrainian Helsinki human Rights Union, the head of Kharkiv Human Rights Group Evgeniy Zaharov.

The following is the opinion of human rights activist:

Let’s try to argue from a position of affirmation and protection of human rights, which, according to Article 3 of the Constitution of Ukraine, is … the primary responsibility of our state.

According to the second part of Article 22 of the Constitution: “With the adoption of new laws or amending existing laws are not allowed narrowing of the content and scope of existing rights and freedoms.” At the same time it is obvious that imposed by the Decree (ie, the act is not even legislative and executive authorities) sanctions restrict the key rights and freedoms guaranteed by the Constitution: the right of ownership (Article 41) and / or freedom of information (Article 34) and / or creative freedom (article 54), and in respect only of individuals – even and / or the right to respect for private and family life (article 32) and / or freedom of movement (article 33).

In order to determine whether the restriction on the right (freedom) justified and valid, it is necessary to turn to his assessment on the basis of principles of the European Convention on Human Rights in 1950 Namely, the restriction of rights must be based on law, pursue a clearly defined goal of Limitations of fundamental law of Ukraine a list of objectives and be proportionate (adequate) in relation to the alleged threat was detected.

In any case, the effects of restrictions on rights and freedoms must bring less damage to society and the individual than the full implementation of the subjective right in its former, that is full. In our case, as far as can be judged, run by a presidential decree limiting the rights and freedoms formally based on the Law of Ukraine “On sanctions” on August 14, 2014, are intended to protect national security (or other objectives listed in Article 1 of the Law “On sanctions” ).

As for the answer to the question whether the rights and freedoms within an acceptable scale violated, the answer can only distance a thorough analysis of the proportionality introduced restrictions stated objectives. Such an analysis, which is very important, must be carried out with respect to each of the listed individuals and entities. In this case, a number of rights may be restricted only after a court decision to impose such restrictions. In any case, the principle of the rule of law requires the State and its agents provide a convincing argument in favor of the need to limit the rights.

Strictly speaking, to restrict the constitutional rights can only be in that case, if no such restriction is really impossible to do. Such a requirement is contained in the well-known presumption: based on the law and the court sanctioned restriction of the right should be recognized as “necessary in a democratic society”.

Whether in this case complied with the required procedure? I suppose not, but was glad to be wrong.

List of individuals to sanctions, including not only the citizens of Russia, but also in other foreign countries. It also got some Ukrainian citizens. We are talking about people living in the occupied territories as the Crimea, Donetsk and Lugansk regions and the territories controlled by the Ukrainian government. And I do not understand how in regard to the latter can act without prior court decision is most often found in the list of restriction of their property rights.

We are talking about blocking assets as a temporary restriction of a person the right to use and dispose of property belonging to him. Such a restriction may be regarded as an infringement of the fundamental right to private property is permissible only in the case of introduction of a state of emergency.

For example, a citizen Zagnibeda KG (№210 in the list), registered and residing in Slavyansk, should, it seems, for a year to get away from his home? And where? The all-knowing Google said that Mr. Zagnibeda born in 1963 – is an entrepreneur, the owner of the LLC “ZAGNIBEDA LTD” with the main activity:. “The production of plates, sheets, tubes and profiles made of plastics.”

In 2015, he ran for city council Slavic, being number 12 in the list of “Ukrainian parties honor the fight against corruption and organized crime.” More than anything substantive, I have not found, so to see at least a hint of why in this case to impose sanctions, failed. It is clear only that, apparently, during the occupation, Mr. Slavyansk Zagnibeda aggressor is not promoted, otherwise would have been prosecuted.

The list of legal entities – offshore companies, banks, airlines, industry, particularly engineering, enterprise, television and radio, social networking, and other services (cloud storage, navigation, music, etc.), software developers (hereinafter – Software) … Many of them have Ukrainian registration, they are in Ukraine and employ ordinary citizens of Ukraine.

Puzzling hit by sanctions of the Russian company “1C” and its Ukrainian representative office of LLC “1C Multimedia Ukraine”. Accounting computer system 1C uses 80% of Ukrainian enterprises of small and medium-sized businesses, the majority of public organizations.

It appears that in this case it is necessary to have very good reasons for decisions on sanctions, the data base must be sure to explain to the population. In general, a review of Ukrainian software development companies have come under the sanctions shows that they all have one similar trait – are subsidiaries or representative of the Russian companies. Is this the only and therefore sufficient from the point of view of the authorities, the legal basis?

Let’s consider the well-known company OOO “Parus-Ukraine”, working on the Ukrainian market since Soviet times. Referring to its website: parus.ua. The main activity of the group of companies “Sail” – the development, promotion and implementation of software for enterprise management. Today, the company – one of the largest software companies in Ukraine, developing business management. In addition to the development of the Center, for the period of its operation, the central office has developed a strong regional network of over 28 regional offices (see. №№ 443-468 in the legal list. Of persons) and more than two dozen dealers. The number of employees is more than 550 professionals, of which more than 250 are working in Kiev.

“Sail” Number of product installations exceeds 200,000, the software operates in more than 20,000 organizations. Users of software products “Sail” is the enterprise telecommunications, large industrial companies, oil and gas companies and thermal power complex, trading companies, insurance, credit and financial companies, design and construction organizations, enterprises transport and logistics, printing companies, publishing and media, restaurant complexes, cafes, bars, pubs, pizzerias, hotels, boarding houses, recreation, night sports and fitness clubs, entertainment centers, water parks, sire structure governmental administration, ministries, departments, committees, universities, medical and health institutions.

At the same site, “Sail” claims that his clients include 80% of the main managers of budgetary funds, including, in particular, the Ministry of Defense, Ministry of Internal Affairs, State Border Service, the regional management of the State Migration Service and emergency services, “Ukrtelecom” “Ukrnafta” SDO “Yuzhnoye”, National school of judges, and many other government agencies.

So it does not surprise me an urgent message on the official website, which appeared May 16 immediately after the release of the Decree, which reads as follows: “Sail” – a group of Ukrainian companies! Information about this can be found on the website under parus.ua “Copyright and Permissions”. Hit in the sanctions list in respect of the group of companies “Sail” is not valid, we will be challenged and is perceived by us as pressure.

And I was not surprised by the appearance of proposals to use all soon any new software products of Ukrainian origin, instead of products 1C, “Sail” and other subsidiaries of Russian software developers. I would like to still hear the explanation why many software developers to apply such a truly draconian restrictive measures.

But imposing sanctions on companies such as “Doctor Web”, “Kaspersky Lab” and their Ukrainian representative offices as no surprise. I had a lot to hear from system administrators familiar that these anti-virus programs as mail.ru complex can not be used, because they are engaged in espionage, embedded in the operating system of aggressive, damage the installation browser, install bugs and illegally collect information without permission and warn users.

In particular, personal information, financial records, data on the location, movement, and the like. The illegal collection of personal data and use them to the detriment of Ukraine also blame social networks “in contact” (VC) and “Classmates” (OK). In particular, the military claimed that the publication of photos of its soldiers in social networks sometimes leads to their death.

If the appeal to the social networks of people involved in the public sector, has brought serious harm to the national security and other public interests listed in Article 1 of the Law “On sanctions”, the restriction of access of civil servants and all other people working in state institutions, seem justified. But whether the state can restrict access to social networks of millions of people, to do with the public institutions do not have? I think it is – a massive violation of the right to privacy and freedom of expression.

The impression is that the imposition of sanctions is motivated primarily by some purely private, commercial and economic interests, and seeks to harm the financial interests of specific companies. In this vein, the sanctions would contribute to both the development of Ukrainian business. For example, as you know, “Yandex” and other Russian companies have brought down Ukrainian advertising market on the Internet and drove with him Ukrainian competitors. Sanctions will remove from the market “Yandex” and others. But it does benefit from that Ukrainian consumers? All this looks very doubtful and uncertain …

And I was wondering if anyone thought about the people who use “Yandex-purse”? For example, they can take in case of need their money? Or initial calculation was that the ban on access to web resources and easy to get around because all who need to quickly learn how to do it? This is indicated by many defenders of Presidential Decree – he, they say, is not directed against users, but against the companies, and that in our democratic state, no one will interfere with the VC and UC fans enjoy this personification of “Russian world”.

But older people remember well how quickly passed us by “enemies uneshnih” to “enemies unutrennim”. Here and now there are voices, including some active deputies, that you need to watch out for those who violate the decree and to hold them accountable. Our state has long dreamed of control over the internet, there have been several attempts to establish it. As long as they did not work. But to deal with the introduction of Internet control under the pretext of protecting information security during the war with the Russian aggressor will be more difficult. In any case, I really do not want to Ukraine in the national security services is easily confused with a rusty ax a surgical scalpel.

Sourse, 22/05/2017

Why “Savchenko law” did not need

May 22, 2017

“Savchenko Law” in Ukraine was canceled because it was no longer necessary. Prisoners who could list the period they were released or left to sit much less.

This edition Gazeta.ua said May 21 Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group.

“Law Savchenko” long wanted to cancel. And it happened. He played a role. It was difficult to differentiate for whom he acted. Therefore, it is easier to cancel than to change it for something. Everyone who could be counted period, then they have listed. Someone ended term of imprisonment or decreased significantly. For its abolition outweighed the negative attitude in the society to the fact that the release of prisoners, and the appearance of rejection Hope Savchenko. “

The law does not provide clear guidance on how to act with people who put life:.. “Do not take into account only the situation with the prisoners, which condemned the life one listed, while others refused because they thought that they are the law does not apply was discussion on about it. In the framework of “law Savchenko” would replace a life sentence for a specific sentence. But with the abolition of the law of the matter was dropped. “

In general, “the law Savchenko” had more positive than negative: “The law reduces the time of those who were in remand prisons with appalling conditions also for those who are convicted of the Code, which was in force until November 2012. Then it was possible to send the case to the.. . for further investigation and the suspect remained in jail for 7-10 years in pretrial detention were men 3-4 times more than the intended place of some forced to sleep in the same bed or in turn, poorly fed These conditions -.. Therefore, for the torture. “Savchenko law” be considered the year in Jail in prison was just over 2 years.

Now there are prisoners who have been tried under the old Code, the nearly empty prison. The conditions in the prison became a little better, though, if only because there is no overcrowding. The new code can be kept in the remand prison of the people can be punished at least 5 years imprisonment.

Negativity of the law there were some prisoners who were sitting at a fairly violent crimes and came much earlier on will than need. Some of them commit crimes again, but it’s not the fault of the law. “

Recall May 18 the Verkhovna Rada has supported the abolition of the so-called “Savchenko law.” He acted with the December 24, 2015. Terrible condition of detention centers and the conditions in which people with respect to which there is a consequence and court, have become the main motive for the adoption of this law. During the operation of the law 10.2 thousand. Inmates released early. Of these, 1.5 thousand. Went back under arrest and trial. We predicted that under this law, to freedom had to get another 34 thousand. Prisoners.

Sourse, 21/05/2017

I do not see any improvement in the human rights situation in Ukraine

May 15, 2017

– Last year in Ukraine, there were signs of improvement in the economy. Increased currency reserves, improve social standards. But I do not see any improvement in the human rights situation, – said the head of the Kharkiv Human Rights Group, a board member of the Ukrainian Helsinki Human Rights Union Evgeniy Zaharov .

– For example, police reform stalled. And for good reason. Only in October last year raised the salaries bulk of police – investigators, operatives, the local inspector. And before they received much less patrol. Disappeared motivation to work. Shortage in the areas reached 30 percent. It does not have someone to work with.

– What should I do first?

– Who have the opportunity to continue to change. First of all, in the criminal section. Most necessary for today – the reform of the Criminal Investigation and the investigation.

– What are the effects of human rights guard the most?

– The lack of mercy on the part of the state to its citizens. Everything comes from poor governance.

Recently I spoke to the chief doctor of the psychiatric hospital of Kharkiv. He said that from the budget to the patient per day on food are seven hryvnia for treatment – six. On drugs means no. The institution of the situation so decide. Privileged categories, war veterans or consumptive assigned 56 hryvnia powered. Their pros and divide at all. Also, spending on food by all means from the paid services that an institution provides to citizens. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

Clearly, the war takes more resources. But you can not treat people like this.

– whether the police are changing?

– It is not that they do not do anything. But they are ineffective. Prosecutors complain that police salary is more than theirs. But the re-certification of police virtually failed. Because it was carried out on the basis of ill-prepared legal act. As a result, one could appeal against the dismissal in court.

– Torture, hanging Affairs on the innocent, knocking indications left?

– It was less. The new Criminal Procedure Code contains many fuses from bad behavior, torture and the like. For example, to detain a person, you need the sanction of the investigating judge. Also, there is a norm of getting free legal aid to those who can not afford a lawyer.

If the victims of violence were about a million in the police in 2011, the year before – 409 million. The number of those who have experienced torture, reduced from 113 thousand to 62 thousand. But it’s still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– Applications become greater. Because the added complaints related to the military conflict in Donbas. For example, former prisoners of war and civilians complain of unlawful deprivation of liberty, torture. Only our organization in the past year, has written more than 200 such applications. More than 300 – colleagues from the Ukrainian Helsinki Union.

Many cases involve loss of property as a result of hostilities. This is an obvious violation of property rights. The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. People can not get a refund from him, turning to the European Court. You can file lawsuits against Russia as an aggressor against Ukraine – for inaction. When there is evidence that it is your property, an application to the European Court prospectively. Some applicants were denied because they only sent photos of destroyed houses. And the documents that would confirm the right of ownership, could not provide because they have destroyed, along with housing.

Sourse, 14/05/2017

On the situation with human rights in Ukraine in 2016

March 8, 2017

Board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group Evgeniy Zaharov believes that the situation with human rights in Ukraine has not improved in 2016.

This he said in an interview Gazeta.ua .

– Last year, the country was undergoing improvements, – says human rights activist. – the beginning of macroeconomic stabilization, increased currency reserves, rising social standards. That is, there are signs of an improving economy. But no progress on improving the human rights situation, I do not see. For example, police reform stalled. And with good reason. Just last year, in October raised the salaries of investigators, detectives, district inspectors. And before they received significantly less than patrol. And this situation was abnormal. Because motivation is gone to work. Shortage in branches reached 30 percent. There was no one to work.

– What is the first thing to do?

– Who have the opportunity to continue the necessary changes. First of all, in the criminal section. After all, the reform of the Criminal Investigation and the investigation to date is the most necessary. Last year in this sense has been lost – due to lack of funds. Because starting any changes when there is insufficient funding law enforcement, against the loss of motivation of employees, is futile.

– What are the effects of human rights guard the most?

– Everything goes from inefficient style of governance. Offer to introduce the patrols, which will check whether all the work in the state. The urge to check the place of residence of immigrants, or to find out who receives a pension in Ukraine and ORDLO. This attitude of the state to the people wrong.

Recently I spoke to the chief doctor of a mental hospital in Kharkov. He said that the budget mentally ill on the day of release at 7 hryvnia food, medical treatment – 6 hryvnia. Therefore, the necessary funds are no drugs. As he comes out of the situation? Privileged categories, for example, consumptive or war veterans, 56 hryvnia relies on food. He divides all the advantages and all. In addition, it leads all money for food from paid services provided by the institution for citizens. Has established strict control over the catering department. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

It is clear that we have a war going on, it takes more resources. But you can not treat people like this. I think the main problem of human rights in Ukraine, the lack of humanity and compassion on the part of the state to its citizens.

– whether the police are changing, prosecutors, other law enforcement agencies?

– To say that they really do not do anything, you can not. But they perform their functions effectively, taking into account the realities. Prosecutors now want to get a big salary. They complain that the police are getting more than they do. But the re-certification of police virtually failed. Because it was carried out on the basis of a legal act that is poorly prepared. As a result, anyone who did not pass re-certification could appeal against his dismissal in court. Thus almost all the security officers returned to their posts. It is simply a profanation, not reform. Re-certification does not become a means of purification of the police.

– That is, such things as torture, hanging Affairs on innocent knock readings were?

– It was less. In particular, because the new Code of Criminal Procedure contains a lot of fuses with respect to mistreatment, torture, and the like. For example, to detain a person, authorized by a judge need an investigator. In addition, there is a norm of getting free legal aid those who can not afford to hire a lawyer. It is also a preventive tool. Finally, the court will not accept evidence obtained during the investigation. If it was about a million, then in 2015 in 2011 the victims of violence by the police – 409 thousand. Number of victims of torture has decreased from 113 000 to 62. But this is still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– statement was more because added complaints related to the military conflict in Donbas. It is, for example, prisoners of war – both military and civilian. They complain about the unlawful imprisonment, detention, torture, and the like. Only our organization in the past year, has written more than 200 such applications. More 300 – from our colleagues from the Ukrainian Helsinki Union. In addition, many of the rights violations associated with the loss of property as a result of hostilities. This is an obvious violation of property rights. Because people can not obtain compensation from the state, then turn to the European Court. The practice of national courts in this contradictory. Some courts satisfy the claim, when shelling destroyed houses and other refuse. When there is evidence that it is your property, the application to the European Court prospectively.

The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. You can file claims against the Russian, as it is the aggressor and against Ukraine – for inaction.

The Court considered the first such case. Some applicants were denied because they did not provide evidence that the property belongs to them. Sent photos of destroyed houses and the thought that this is enough. A document failed to provide, as they destroyed along with houses.

– What are the consequences of the application of the law Savchenko?

– I do not think that the worsening crime situation is directly related to him. This is confirmed by criminological research.

Sourse, 7/05/2017

Information about the doctrine of Petra Poroshenko

February 28, 2017

Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union (UHHRU), director of the Kharkiv Human Rights Group, said the anti-democratic decision of the Decree of the President of Ukraine Petro Poroshenko, regulatory monitoring of the media and the public resources of the Internet to identify information that is banned in Ukraine.

This was a human rights activist told the Ukrainian News agency.

“It is anti-democratic decision. I have over 20 years of struggle with such tendencies and still I managed such a thing to stop. Now it will be very difficult, because behind this, in my opinion, totally mistaken idea that it is necessary to fight the enemy. For fight the enemy must be quite different, “- he said.

Such a decision will only search for the enemy within the country and fight against it.

According to him, media monitoring and public Internet resources affect the freedom of the media.

“Will, of course, in a different way does not happen It (impact) will be expanded.” – he said.

Zakharov added that such a practice exists in Russia, China, Belarus, and not in the free countries.

“It’s just nonsense,” – he added.

The human rights activist believes that such an order is a mistake of Poroshenko and those who support it, because they do not understand the nature of information relations.

Recall President Petro Poroshenko instructed the Ministry of information policy to seek information in the media prohibited.

Earlier Poroshenko instructed the Cabinet to develop a bill that will be possible to lock the sites by the court .

Sourse, 27/02/2017

In February it will be known the new head of the Ukrainian National Police

December 26, 2016

Ukrainian Interior Minister Arsen Avakov announced a competition for the position of head National Police that occupy Khatia Dekanoidze until November. Who joined the Board on the selection of candidates? How will decisions be made?

The competition jury composed of experts from Canada, the US, Denmark and Ukraine.

On the phone with “Gromadska radio” MVD Director of Communications Department Artyom Shevchenko and a member of the competition committee, the founder of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov .

Irina Sampan: How will the competitive commission? It will be ensured transparency of the competition?

Evgeniy Zaharov: Now the candidates submit their application – CV and motivation letter. All received materials are translated into English and simultaneously transmitted to all members of the commission – Ukrainian and foreign. We will study and prepare materials for the meetings – the first will be held on January 18.

the primary analysis will be carried out, whether to send the summary of the qualifications for the post head Natspolitsii contained in the law – a full law degree, not less than 7 years of experience in the legal field and 5 years of managerial experience.

Prior to the first meeting of all candidates pass the test on the General Skills (general skills – Ed.) – the ability to think logically. The same test, which all police officers at recertification.

And the results of these three sources – resume, cover letter, and test – Commission will examine each candidate and ballot to decide whether he will be admitted to the interview. For each will vote personally. All this will be recorded on video, and who wants to be able to see. We just have not decided whether to make a shot in real time or recording and display afterwards.

Irina Sampan: Interviews with candidates will be carried out the commission?

Evgeniy Zaharov: Yes. All candidates will be asked the same questions, so that they are on an equal footing. It will surely be recorded on video and then you will see. After the interview, the commission will select the best three candidates and will give the Interior Ministry, whom she recommended to assign. The minister will have to choose from these three candidates.

Tatiana Troschinsky: The final word of the Minister of the Ministry of Interior ?

Evgeniy Zaharov: Yes, it is legally wrong. The minister is one candidate to the government, the government of his claims.

Irina Sampan: Can be applied to this competition a former policeman, who did not pass the re-certification?

Evgeniy Zaharov: No they do not interfere. But if they had a bad result on the test, why they do it. We introduced the test as a formal evaluation of the candidate’s ability to think. The Commission considered that it is a necessary condition. If a person can not think logically, he can not apply for this position.

Tatiana Troschinsky: In addition to these formal things that the law says that you define important? That may affect your choice to vote or not to vote for the candidate?

Evgeniy Zaharov: There are requirements to the candidate, expressed in the law – a good reputation, high moral qualities. Speaking for myself personally, their preferences – for me it will be very important if the candidate has not been seen in the human rights violations in the past. How he showed earlier in his work.

The interviews will be sufficiently deep and detailed, so that all of this will reveal. His qualities as a manager, communication with people and staff, ability to work in conditions of risk, uncertain environment with incomplete information, the propensity for innovation, creativity.

I also want to emphasize that the norm in the law of at least 7 years of work in the field of law is only at first assumed policing. And it was I who introduced the amendment to the bill that you need to expand the pool of candidates. What should be lawyers, not the police – it may be prosecutors, tax. As Artem Sitnik, who was a very decent and a good candidate for the post of head of the National Anti-Corruption Bureau. bidders circle should not be limited to the police around.

Irina Sampan: When the Commission will submit to the Minister Interior Ministry candidates recommended for the post of Natspolitsii?

Evgeniy Zaharov: The timing is now difficult to say, because it is not clear how many will be applications. If, for example, 200, the operation may take a week. Everyone needs to read, to think, to study, you have to vote for each candidate. Maybe I’m wrong, is a bit of candidates, and we are the first three days have time to do all this. But I think that it is doubtful, and we move on to the next week (after the first meeting on 18 January – Ed.).

Irina Sampan: How many applications have been filed?

Evgeniy Zaharov: Five days ago there were six. This is the ones translated into English and sent to all candidates. It’s Christmas, the intensity of a halt. I think that most of the applications will be after the New Year.

Sourse, 25/12/2016

Why was considered normal “squeeze” the property from the separatist?

November 29, 2016

Fighting in eastern Ukraine led to a significant deterioration of the situation with human rights, including, new extraordinary precedent that did not previously exist in Ukraine. This was stated by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union and the head of Evgeniy Zaharov the Kharkiv Human Rights Group, in an interview , “Gromadska” .

Zakharov said that the first cases of human rights violations related to the situation in the Donbas is to start from the militants, who were persecuted, detained, tortured and killed patriotic citizens. Subsequently, this led to the fact that the Ukrainian military began to use similar methods.

“In response to some of our volunteer teams to see this attitude, we began to operate symmetrically. Torture of prisoners took place, and some were tortured to death. Also killed prisoners. It came into use words such as “pressing”. Why was considered normal “squeeze” the property from separatist, if the separatists. Car, home pick up. This is not a crime if it is an enemy, “- said Zakharov.

The human rights activist noted that a significant part of society “meaningful or not it supports violence against the separatists.”

In addition to Ukrainian volunteer battalions, disturbances in the form of torture is also used employees of the Security Service, as evidenced by the reports Ukrainian Commissioner for Human Rights and the report of the Human Rights Defenders Amnesty international and Human rights watch.

According to Zakharov said that the Ombudsman’s report says that the greatest number of complaints (39%) related to the use of torture was applied in respect of the SBU.

“The Security Service torture detainees, it is not known where they are kept. In fact, according to the law of the SBU, and in the law on pre-trial detention was not a word about the fact that SBU can have investigative detention centers. If they are, then they are illegal, “- he stressed.

Zakharov also mentioned that persons detained in connection with allegations of investigative jurisdiction of the SBU, is charged with terrorism, separatism gosizmenui.

Sourse, 28/11/2016

The biggest violation of human rights among law enforcement agencies come from the SBU

July 21, 2016

What reforms have taken place in the judicial system of Ukraine during the reign of the new government and President Poroshenko and what prospects are opening up in the power department in the near future in an exclusive interview to the online edition of the Ukrainian News – From-UA has told the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, Director of the Kharkiv Human Rights group Evgeniy Zaharov.

Ukraine News – From-UA: Eugene E., good afternoon! What changes do you see in the law enforcement system since the arrival of the new government? The police, the prison service, the prosecutor’s office, the courts, the Ukrainian Security Service?

Evgeniy Zaharov: You see, in fact, comprehensive reform of the entire system of criminal justice, unfortunately, is not happening.

There are some changes in the police, which no longer exists, since the 7 th November 2015 it was replaced by the police.

A new patrol police in the 35 cities of Ukraine, except in rural areas set up, tested, tested and is now being implemented – a new model of public order, based on the rapid response groups. It was first in Sambor, then another nine district department, and then the model has been implemented in three areas since February 2016 years: in Kyiv, Kharkiv and Lviv, most recently in the Khmelnytsky and is now preparing to Volyn. That is, there is reform.

Nevertheless, we must clearly understand that this is only part of the police, which deals with the protection of public order and that has not affected the criminal unit, departmental system of medicine and education. And still a lot to do in order to continue to pursue this reform sequentially.

A major obstacle to this – is a lack of funding. The budget of the police and the Interior Ministry as a whole is very much curtailed, and a situation where a young patrol, who studied for three months, six months or a year of work, and get a much higher salary than the investigators or investigators with experience of 10-15 years – it’s not normal, so do not be must. But the funds to fix it, to raise the salary of those who have passed the certification, simply do not have today. And this is one of the main obstacles of the reform.

If we compare the way that we run the 100m, the 15 meters we already ran. But we need to run further and do not stop, because any stop will be fraught with the fact that all these improvements will be leveled. And the existing police system, which, alas, yet will not go away (because in many ways it continues to persist and everything appeared new can adapt to fit your habits and rules), will remain the same. This danger is, and it must be clearly understood. Because it can not police with a salary of 3-4 thousand hryvnia per month, especially in the big cities, to feed his family, and this will inevitably push him to some other acts of unlawful ways of earning.

If we talk about the prosecutor’s office, the courts, the prison system, the SBU, in my opinion, were only trying to initiate reforms in these bodies, but they failed. More specifically, I am referring to the prosecutor’s office and the courts, because what was done was done poorly. But it has its own reasons, and they can be viewed separately.

Beginning of the reform of the penitentiary system changes the structure of the State Penal Service and not for the actual penal institutions. That is life in the colonies so far has not changed the fact that these reforms have begun. And in fact, here you need to change a lot in practice and in law. But these changes are very difficult, they are harder to do than the police or the prosecutor’s office.

The order, which was formed there, break is not so easy, and if it is broken, then the situation in the colonies will be even worse, because they are financed disgusting. For them, the budget recorded two times less than you need, and they eventually receive half of that half. And actually financed at 25%, only to escape the fact that in each colony are looking for some way to make extra money. And where the administration of the colony successful, there is a better, where unsuccessful – there is worse.

A lot depends on whether the colony is “on the ground”, for example, as it can grow their own fruit and vegetables, in addition to budgetary allocations. And if they still grow and sell, so it’s even better.

And if it’s industrial zone, and there is something made, as is known, such a forced labor – not very productive, and businesses which employ convicted, it is difficult to compete. There’s basically an old worn-out equipment, old dirty technology … But this is a business that is closed from public scrutiny, and there occurs a serious enrichment of those who supervise them, despite the fact that the prisoners themselves receive a penny. And cut this Gordian knot is not possible, because simply these colonies is nothing to exist, even though a significant portion of the money takes the administration of enterprises, which are created when the colonies. Still, at least something, but remains a prisoner. If it will not, the situation will worsen significantly in the colonies. So just this problem can not be solved,

As for the prosecutor’s office – as long as I do not see major changes. It only point changes on staffing levels, or in some individual cases. But they are after the new Attorney-General, and should welcome the fact that he was engaged in such things – the most severe human rights violations in an attempt to eradicate them. Such as, for example, long-term maintenance portion accused detained in prison without penalty. You can also welcome his desire to make personnel changes. But in fact this is just all half-measures, and serious reform of the prosecutor’s office has, in fact, did not start. There is a problem with the presence of the frame, as is the case with the police and the prison system.

Ukraine News – From-UA: Over the past few years, we have changed three times Attorneys General. What is the reason, in your opinion?

Evgeniy Zaharov: This is due to the fact that they could not cope with the tasks that they are being given society and what is waiting for them. They have not been able, nor Oleh Makhnitskyi nor Yarema nor Shokin, to investigate crimes on the Maidan in full. And indeed they were unable to carry out any reform or change the entire system of prosecutors.

One of the reasons lies in the fact that all prosecutors are accountable to the President, and they worked in manual mode. I do not know if it’s true, but argue that the Attorney General Shokin literally daily reports to the President about the work that he did. That is, he received direct orders, what to do in any given situation, and be accountable for it.

It is this dependence Attorney General from the main official in the state – it’s completely normal. This is our problem: our political forces want to control the courts, prosecutors, law enforcement agencies and use them as an instrument for solving their political problems. It should not be. And it was when all power, a greater or lesser extent, and now it continues. And in this conflict and tied inside the prosecutor’s office, for example, Deputy Attorney General Kasko, Sakvarelidze and with so many such things.

That will be obtained from Lutsenko how he will behave in this situation, it is difficult to predict. But it is also clear that there have been delivered as a person close to the president, the former head of PPO fractions, and again you can expect from it will require certain actions in certain cases.

In general, public prosecutors should be independent, as well as the judges. And if that were the case, and they are not crushed, it would be much better. But prosecutors, like judges, there is a danger canned in its own system without any control and it was not changed, and their acceptance of the illegal and unjust decisions on someone’s orders then it will be difficult to correct. And there, and there is very difficult to pass between these two extremes.

Yuri V. started with some positive steps, private, essential, but how much he will be able to reform the system as a whole, we’ll see.

Everywhere very big problem with the staff. But by the way, if we talk about the staff, the best thing to do with this situation in the judicial system. There’s a lot more experienced and trained judges than the illiterate. But the trouble is that from the undue pressure that they get bored, they massively retire. And in a lot of police, who left because they did not want to undergo the procedure, which they were offered.

Although there is another point of view, they are weak people, once they had done so, and God is with them – and I fully understand it. Because it is a strong point of view: put on the form – to serve and to carry out all that is needed. And this is in fact the action of the Bible principle: “Do what you must, come what may.” And if you ran away, then you are a coward – that masculine approach. But such strong people very little, and those who is such, they are very uncomfortable, because they always do what they think is right, and not as orders superiors, and therefore always be under attack.

Ukraine News – From-UA: In one of the political talk show Verkhovna Rada Chairman Andrew Paruby called judicial reform – a major “victory” of the season in the parliament. Do you agree with this?

Evgeniy Zaharov: Unfortunately, he is mistaken. I appreciate the personal qualities of courage, integrity and honesty Parubiya, but I fear that he did not really understand the judicial system. And to say that judicial reform – a major victory in parliament, it is a mistake, in my opinion. Because in fact what happens is that the judicial system is now collapsing under the influence of such reforms.

Here is a very difficult task. On the one hand, the need to ensure the independence of the court, since it will not be open-minded and objective without it. If he is dependent, then it will be easy to pressure. But unfortunately, in this regard the so-called reform is quite Direction: they put the judges even more dependent than before. This is motivated by the fact that the judicial system – corruption, inadequate, does not meet the requirements of the time, and judges are flying all the accusations.

But I think that the judicial system is not more corrupt than any other in our country, and the fact that so judges are generally wrong. After all, judges are different: there is corruption, but there are those who will never take bribes, they just do not allow such cases, where they were waiting for the “right” decision.

So, unfortunately, judicial reform hinders the desire to take executive control of the judges. And whoever is in power, is manifested. With all the presidents since it was, and continues under President Poroshenko same. This is a big mistake, because it is impossible to treat with the judges, requiring them to take the “right” decision. This applies, above all, capital ships, the higher courts. The rest of the ships the same thing happens at the local level. And it turns out that judges are dependent, they are not free in their decisions. What judicial reform can be with such a situation? Yes, no, quite simply.

And then there was noticeably worsened access to justice by banning conventional lawyers, not lawyers, to take part in civil and administrative cases!

Ukraine News – From-UA: Yevgeny Yefimovich, what reforms are experiencing today, the Security Service of Ukraine?

Evgeniy Zaharov: With regard to the Security Service of Ukraine, the situation there is very bad, she did not reform. And today I can say that the greatest violations of human rights among law enforcement agencies come from the Security Service, which is very violates the right to liberty and security of person, the right to protection from torture and so many other rights. The balance between human rights and national security protection solutions quite clearly in favor of national security. And there are so many criminal enterprises, opened the SBU, which, to put it mildly, questionable.

What is happening there is, unfortunately, very often the real outrage. What could make more than once, considering the specific case of criminal prosecutions in the National Security Service. I do believe that this centaur – both intelligence and law enforcement authority – an anachronism, it is not normal, and this is not in any civilized country of the world.

We do not compare ourselves with Russia, we are talking about European countries. Intelligence agency must deal only with data extraction for senior government officials, her job – intelligence and counterintelligence. But the investigation of crimes – this is not her business. And if these functions have dramatically SBU take, it may be, would be transformed into a normal special service.

And today it’s just a body, which is taking advantage of its unique position, that is the main body for the protection of national security, which protects us against terrorism, which actually runs the ATO (and that’s how it is served) is really a body, for which there are very serious tyranny and human rights violations. security service need to take place to put it, and not the one that she now occupies.

Ukraine News – From-UA: What are the prospects in the law enforcement system you see in the near future?

Evgeniy Zaharov: I believe that the reforms could be done, it is a very real thing. But this requires a number of conditions.

The first – the mandatory funding. Here’s what the police reform can be done without additional funding, almost everything has already been done. But in order to move forward, we need the money, which is not. It is necessary to firmly grasp the rule: reforms cost money, and if you do not give money, the reforms will not. And those systems that need to be reformed, without the money will remain in its old state, and then rot.

And the second – political will is needed to implement these reforms. You need to have people who have a clear understanding and have a clear vision of what and how they want to do. To these were new teams that would have sufficient authority and political will to transform the system.

Police experience shows that this is possible in principle. But on the way people who do such things, a lot of difficulties, obstacles, problems. And of course, the reform of the law enforcement system of Ukraine – it is cleaning the Augean stables. And, nevertheless, the reforms could be done despite the fact that it was supported by the state and society, despite the fact that there is sufficient funding – it would all really.

But the obstacles are many: and the wrong political guidance on many issues, and the lack of funds, and perhaps most importantly – the lack of personnel.

Interviewed by Julia Protsyshena

Sourse, 20/07/2016

Instead, the right of profit operates in Ukraine

April 29, 2016

Rights principle does not work in Ukraine. State directs political benefit. A force opponents pressed.

This was stated by Evgeniy Zaharov, member of the Board of the Ukrainian Helsinki Human Rights Union, at a press conference the initiative group of “breast-Perche”.

“One of the main problems in the state and society – it is demagoguery and populism confidence that complex problems can be solved by simple methods In particular, the use of force Many individuals in their actions are guided solely by motives of political expediency and a desire to press their opponents tire out….. . them as far as possible they are not guided by the principles of law I want to emphasize that it is impossible to do so This is the road to a dead end is the way to defeat, “-… Zakharov said.

Recall, the participants of the initiative group “of breast-Perche” unveiled appeal “keep the state from self-destruction”, which called on the Ukrainian people to unite in the struggle for the state and the country’s leadership – to develop a new political system.

Sourse, 28.04.2016

The confrontation of political forces is a serious threat to human rights in Ukraine

January 5, 2016

2016, as the previous two years, will determine the continuing conflict in the east of Ukraine.This was reported by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, the situation with the provision of socio-economic rights of Ukrainians certainly improve if there will be positive developments in the economic sphere.

“A serious threat to Ukraine for Human Rights is a confrontation between the political forces, which leads to a loss of cohesion and possible political crises, worsening the situation as a whole. Unity us today is necessary, and I hope that the public will be able to overcome the calls for radical action, which we constantly hear today, “- said the expert.

As for the reform of the judicial system and law enforcement bodies, the human rights activist does not express much optimism: “There is, unfortunately, not been necessary conditions for this.”

At the same time, Evgeniy Zaharov expressed “very cautious optimism” about the fight against corruption in Ukraine.

“Those institutions that have started to work, in particular, the National Anti-Corruption Bureau and the Anti-Corruption Prosecutor’s Office, no longer able together to investigate corruption crimes. I hope that they will be successful in these matters, and it will not interfere with the obstacles generated by the unification of government and business. If these things can be diluted, then change for the better is possible, “- adds a human rights activist.

In general, according to Evgeniya Zaharova, 2016, as well as 2014-2015., Will determine the continuing conflict in the east of Ukraine.

“In those or other he will continue, God forbid, that these forms were more or less peaceful. From this it follows that Ukraine will be forced to live in such conditions, “- said the expert.

Evgeniy Zaharov also does not exclude the fact that “Naftogaz Ukraine” in 2016 received the first profit.

“We can expect that public procurement following the entry into force of the law, will not be as corrupt as before. And we can expect that will go on police reform, which in 2015 developed well and has the potential to become more successful “, – predicts a human rights activist.

Thus, it said Zakharov, if Ukraine will be able to avoid a large-scale military conflict, those areas in which the foundation was laid for the development, will be able to show positive results.

“I hope that the scale of the conflict will not be that he will be in the same form as now. Although this is, unfortunately, unlikely to save us from new victims “, – he summed up the expert.

Sourse, 04/01/2016

Sentsov and Kol’chenko may return to Ukraine

August 26, 2015

Sentenced to long terms of Ukrainian filmmaker Oleg Sentsov and activist Alexander Kol’chenko could theoretically be exchanged for captured officers of the Russian GRU. This was reported by a member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, lawyers and Sentsova Kol’chenko can seek the transfer of convicts to serve life in Ukraine.

“There is the Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of 22 January 1993. It provides for the transfer of prisoners to serve their sentences in the country of which they are. This good will of the two countries and this could be done on the basis of existing international treaties. But I have serious doubts that this is what happens. Because the Russian leadership this goodwill is simply no “, – Zakharov said.

The expert does not consider Sentsova and Kol’chenko first political prisoners of Ukrainian citizens on the territory of the Russian Federation. According to him, this is not the first case of conviction of political prisoners in Russia, because the country are persecuted and convicted a number of Russian activists and ordinary citizens of Ukraine, who were persecuted for their political beliefs and statements.

Processes themselves human rights activist believes that it is political.

“The process Sentsov-Kol’chenko, as well as in respect of Hope Savchenko, Russia wants to demonstrate that it is, as before, does not consider Ukraine’s independence, has no respect for its sovereignty and believes that it can bring them to trial Ukrainian citizens on trumped-up charges and accuse them in such crimes. This is all in line with the policy that recently the Kremlin is on Ukraine “, – Evgeniy Zaharov believes.

According to human rights activist Oleg Sentsov Alexander Kol’chenko Nadezhda Savchenko and may be released only in the event of a change of political regime in Russia, when they reviewed the criminal cases pending against them. At the same time, he did not rule out the possibility of a prisoner exchange.

“Between Russia and Ukraine, there may be political agreement on the exchange of prisoners, similar to how the Soviet Union exchanged spies in the Soviet political prisoners. Thus, in particular, have been released and went to the West , Vladimir Bukovsky , Mykola Rudenko and other dissidents and human rights activists.

“It’s hard to say, to whom can exchange convicted Sentsova Kol’chenko and, as a matter of trading. The fact that the process of international exchange of prisoners and the people completely secretive and the public does not take part in it. In Ukraine, it is engaged in the Security Service, or rather it is more of a performer, and the main issues are addressed at the highest level of political leadership. But such exchanges happen all the time. Theoretically, Sentsova, Kol’chenko or Hope Savchenko can exchange for the detainees in the ATO zone GRU officers of the Russian Federation. However, I’m not sure this is 100%, “- concluded Evgeniy Zaharov.

Recall, August 25, the North Caucasus District Military Court in Rostov-on-Don convicted in relation to Ukrainian director Oleg Sentsova on charges of planning terrorist attacks in the Crimea. The second defendant – activist Alexander Kol’chenko – found guilty of involvement in the terrorist community, complicity in a terrorist act.

The Ukrainian Foreign Ministry has called illegal and inhumane sentence Russian court in the case of citizens of Ukraine Oleg Sentsova Kol’chenko and Alexander, who were sentenced to 20 and 10 years imprisonment respectively.

Sourse, 25/08/2015

Результаты поиска:

Mixed hatchet and a scalpel

May 23, 2017

So in a nutshell, nA my opinion, can be characterized by a decree of President of Ukraine “On the decision of the National Security and Defense Council of Ukraine of 28 April 2017” On the application of personal special economic and other restrictive measures (sanctions), “which introduced a one-year (or three years, five years, indefinitely -. to each his own), various restrictions on the 468 legal entities and 1228 individuals About this in his blog on the NRwrote the well-known human rights activist, member of the Board of the Ukrainian Helsinki human Rights Union, the head of Kharkiv Human Rights Group Evgeniy Zaharov.

The following is the opinion of human rights activist:

Let’s try to argue from a position of affirmation and protection of human rights, which, according to Article 3 of the Constitution of Ukraine, is … the primary responsibility of our state.

According to the second part of Article 22 of the Constitution: “With the adoption of new laws or amending existing laws are not allowed narrowing of the content and scope of existing rights and freedoms.” At the same time it is obvious that imposed by the Decree (ie, the act is not even legislative and executive authorities) sanctions restrict the key rights and freedoms guaranteed by the Constitution: the right of ownership (Article 41) and / or freedom of information (Article 34) and / or creative freedom (article 54), and in respect only of individuals – even and / or the right to respect for private and family life (article 32) and / or freedom of movement (article 33).

In order to determine whether the restriction on the right (freedom) justified and valid, it is necessary to turn to his assessment on the basis of principles of the European Convention on Human Rights in 1950 Namely, the restriction of rights must be based on law, pursue a clearly defined goal of Limitations of fundamental law of Ukraine a list of objectives and be proportionate (adequate) in relation to the alleged threat was detected.

In any case, the effects of restrictions on rights and freedoms must bring less damage to society and the individual than the full implementation of the subjective right in its former, that is full. In our case, as far as can be judged, run by a presidential decree limiting the rights and freedoms formally based on the Law of Ukraine “On sanctions” on August 14, 2014, are intended to protect national security (or other objectives listed in Article 1 of the Law “On sanctions” ).

As for the answer to the question whether the rights and freedoms within an acceptable scale violated, the answer can only distance a thorough analysis of the proportionality introduced restrictions stated objectives. Such an analysis, which is very important, must be carried out with respect to each of the listed individuals and entities. In this case, a number of rights may be restricted only after a court decision to impose such restrictions. In any case, the principle of the rule of law requires the State and its agents provide a convincing argument in favor of the need to limit the rights.

Strictly speaking, to restrict the constitutional rights can only be in that case, if no such restriction is really impossible to do. Such a requirement is contained in the well-known presumption: based on the law and the court sanctioned restriction of the right should be recognized as “necessary in a democratic society”.

Whether in this case complied with the required procedure? I suppose not, but was glad to be wrong.

List of individuals to sanctions, including not only the citizens of Russia, but also in other foreign countries. It also got some Ukrainian citizens. We are talking about people living in the occupied territories as the Crimea, Donetsk and Lugansk regions and the territories controlled by the Ukrainian government. And I do not understand how in regard to the latter can act without prior court decision is most often found in the list of restriction of their property rights.

We are talking about blocking assets as a temporary restriction of a person the right to use and dispose of property belonging to him. Such a restriction may be regarded as an infringement of the fundamental right to private property is permissible only in the case of introduction of a state of emergency.

For example, a citizen Zagnibeda KG (№210 in the list), registered and residing in Slavyansk, should, it seems, for a year to get away from his home? And where? The all-knowing Google said that Mr. Zagnibeda born in 1963 – is an entrepreneur, the owner of the LLC “ZAGNIBEDA LTD” with the main activity:. “The production of plates, sheets, tubes and profiles made of plastics.”

In 2015, he ran for city council Slavic, being number 12 in the list of “Ukrainian parties honor the fight against corruption and organized crime.” More than anything substantive, I have not found, so to see at least a hint of why in this case to impose sanctions, failed. It is clear only that, apparently, during the occupation, Mr. Slavyansk Zagnibeda aggressor is not promoted, otherwise would have been prosecuted.

The list of legal entities – offshore companies, banks, airlines, industry, particularly engineering, enterprise, television and radio, social networking, and other services (cloud storage, navigation, music, etc.), software developers (hereinafter – Software) … Many of them have Ukrainian registration, they are in Ukraine and employ ordinary citizens of Ukraine.

Puzzling hit by sanctions of the Russian company “1C” and its Ukrainian representative office of LLC “1C Multimedia Ukraine”. Accounting computer system 1C uses 80% of Ukrainian enterprises of small and medium-sized businesses, the majority of public organizations.

It appears that in this case it is necessary to have very good reasons for decisions on sanctions, the data base must be sure to explain to the population. In general, a review of Ukrainian software development companies have come under the sanctions shows that they all have one similar trait – are subsidiaries or representative of the Russian companies. Is this the only and therefore sufficient from the point of view of the authorities, the legal basis?

Let’s consider the well-known company OOO “Parus-Ukraine”, working on the Ukrainian market since Soviet times. Referring to its website: parus.ua. The main activity of the group of companies “Sail” – the development, promotion and implementation of software for enterprise management. Today, the company – one of the largest software companies in Ukraine, developing business management. In addition to the development of the Center, for the period of its operation, the central office has developed a strong regional network of over 28 regional offices (see. №№ 443-468 in the legal list. Of persons) and more than two dozen dealers. The number of employees is more than 550 professionals, of which more than 250 are working in Kiev.

“Sail” Number of product installations exceeds 200,000, the software operates in more than 20,000 organizations. Users of software products “Sail” is the enterprise telecommunications, large industrial companies, oil and gas companies and thermal power complex, trading companies, insurance, credit and financial companies, design and construction organizations, enterprises transport and logistics, printing companies, publishing and media, restaurant complexes, cafes, bars, pubs, pizzerias, hotels, boarding houses, recreation, night sports and fitness clubs, entertainment centers, water parks, sire structure governmental administration, ministries, departments, committees, universities, medical and health institutions.

At the same site, “Sail” claims that his clients include 80% of the main managers of budgetary funds, including, in particular, the Ministry of Defense, Ministry of Internal Affairs, State Border Service, the regional management of the State Migration Service and emergency services, “Ukrtelecom” “Ukrnafta” SDO “Yuzhnoye”, National school of judges, and many other government agencies.

So it does not surprise me an urgent message on the official website, which appeared May 16 immediately after the release of the Decree, which reads as follows: “Sail” – a group of Ukrainian companies! Information about this can be found on the website under parus.ua “Copyright and Permissions”. Hit in the sanctions list in respect of the group of companies “Sail” is not valid, we will be challenged and is perceived by us as pressure.

And I was not surprised by the appearance of proposals to use all soon any new software products of Ukrainian origin, instead of products 1C, “Sail” and other subsidiaries of Russian software developers. I would like to still hear the explanation why many software developers to apply such a truly draconian restrictive measures.

But imposing sanctions on companies such as “Doctor Web”, “Kaspersky Lab” and their Ukrainian representative offices as no surprise. I had a lot to hear from system administrators familiar that these anti-virus programs as mail.ru complex can not be used, because they are engaged in espionage, embedded in the operating system of aggressive, damage the installation browser, install bugs and illegally collect information without permission and warn users.

In particular, personal information, financial records, data on the location, movement, and the like. The illegal collection of personal data and use them to the detriment of Ukraine also blame social networks “in contact” (VC) and “Classmates” (OK). In particular, the military claimed that the publication of photos of its soldiers in social networks sometimes leads to their death.

If the appeal to the social networks of people involved in the public sector, has brought serious harm to the national security and other public interests listed in Article 1 of the Law “On sanctions”, the restriction of access of civil servants and all other people working in state institutions, seem justified. But whether the state can restrict access to social networks of millions of people, to do with the public institutions do not have? I think it is – a massive violation of the right to privacy and freedom of expression.

The impression is that the imposition of sanctions is motivated primarily by some purely private, commercial and economic interests, and seeks to harm the financial interests of specific companies. In this vein, the sanctions would contribute to both the development of Ukrainian business. For example, as you know, “Yandex” and other Russian companies have brought down Ukrainian advertising market on the Internet and drove with him Ukrainian competitors. Sanctions will remove from the market “Yandex” and others. But it does benefit from that Ukrainian consumers? All this looks very doubtful and uncertain …

And I was wondering if anyone thought about the people who use “Yandex-purse”? For example, they can take in case of need their money? Or initial calculation was that the ban on access to web resources and easy to get around because all who need to quickly learn how to do it? This is indicated by many defenders of Presidential Decree – he, they say, is not directed against users, but against the companies, and that in our democratic state, no one will interfere with the VC and UC fans enjoy this personification of “Russian world”.

But older people remember well how quickly passed us by “enemies uneshnih” to “enemies unutrennim”. Here and now there are voices, including some active deputies, that you need to watch out for those who violate the decree and to hold them accountable. Our state has long dreamed of control over the internet, there have been several attempts to establish it. As long as they did not work. But to deal with the introduction of Internet control under the pretext of protecting information security during the war with the Russian aggressor will be more difficult. In any case, I really do not want to Ukraine in the national security services is easily confused with a rusty ax a surgical scalpel.

Sourse, 22/05/2017

Why “Savchenko law” did not need

May 22, 2017

“Savchenko Law” in Ukraine was canceled because it was no longer necessary. Prisoners who could list the period they were released or left to sit much less.

This edition Gazeta.ua said May 21 Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group.

“Law Savchenko” long wanted to cancel. And it happened. He played a role. It was difficult to differentiate for whom he acted. Therefore, it is easier to cancel than to change it for something. Everyone who could be counted period, then they have listed. Someone ended term of imprisonment or decreased significantly. For its abolition outweighed the negative attitude in the society to the fact that the release of prisoners, and the appearance of rejection Hope Savchenko. “

The law does not provide clear guidance on how to act with people who put life:.. “Do not take into account only the situation with the prisoners, which condemned the life one listed, while others refused because they thought that they are the law does not apply was discussion on about it. In the framework of “law Savchenko” would replace a life sentence for a specific sentence. But with the abolition of the law of the matter was dropped. “

In general, “the law Savchenko” had more positive than negative: “The law reduces the time of those who were in remand prisons with appalling conditions also for those who are convicted of the Code, which was in force until November 2012. Then it was possible to send the case to the.. . for further investigation and the suspect remained in jail for 7-10 years in pretrial detention were men 3-4 times more than the intended place of some forced to sleep in the same bed or in turn, poorly fed These conditions -.. Therefore, for the torture. “Savchenko law” be considered the year in Jail in prison was just over 2 years.

Now there are prisoners who have been tried under the old Code, the nearly empty prison. The conditions in the prison became a little better, though, if only because there is no overcrowding. The new code can be kept in the remand prison of the people can be punished at least 5 years imprisonment.

Negativity of the law there were some prisoners who were sitting at a fairly violent crimes and came much earlier on will than need. Some of them commit crimes again, but it’s not the fault of the law. “

Recall May 18 the Verkhovna Rada has supported the abolition of the so-called “Savchenko law.” He acted with the December 24, 2015. Terrible condition of detention centers and the conditions in which people with respect to which there is a consequence and court, have become the main motive for the adoption of this law. During the operation of the law 10.2 thousand. Inmates released early. Of these, 1.5 thousand. Went back under arrest and trial. We predicted that under this law, to freedom had to get another 34 thousand. Prisoners.

Sourse, 21/05/2017

I do not see any improvement in the human rights situation in Ukraine

May 15, 2017

– Last year in Ukraine, there were signs of improvement in the economy. Increased currency reserves, improve social standards. But I do not see any improvement in the human rights situation, – said the head of the Kharkiv Human Rights Group, a board member of the Ukrainian Helsinki Human Rights Union Evgeniy Zaharov .

– For example, police reform stalled. And for good reason. Only in October last year raised the salaries bulk of police – investigators, operatives, the local inspector. And before they received much less patrol. Disappeared motivation to work. Shortage in the areas reached 30 percent. It does not have someone to work with.

– What should I do first?

– Who have the opportunity to continue to change. First of all, in the criminal section. Most necessary for today – the reform of the Criminal Investigation and the investigation.

– What are the effects of human rights guard the most?

– The lack of mercy on the part of the state to its citizens. Everything comes from poor governance.

Recently I spoke to the chief doctor of the psychiatric hospital of Kharkiv. He said that from the budget to the patient per day on food are seven hryvnia for treatment – six. On drugs means no. The institution of the situation so decide. Privileged categories, war veterans or consumptive assigned 56 hryvnia powered. Their pros and divide at all. Also, spending on food by all means from the paid services that an institution provides to citizens. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

Clearly, the war takes more resources. But you can not treat people like this.

– whether the police are changing?

– It is not that they do not do anything. But they are ineffective. Prosecutors complain that police salary is more than theirs. But the re-certification of police virtually failed. Because it was carried out on the basis of ill-prepared legal act. As a result, one could appeal against the dismissal in court.

– Torture, hanging Affairs on the innocent, knocking indications left?

– It was less. The new Criminal Procedure Code contains many fuses from bad behavior, torture and the like. For example, to detain a person, you need the sanction of the investigating judge. Also, there is a norm of getting free legal aid to those who can not afford a lawyer.

If the victims of violence were about a million in the police in 2011, the year before – 409 million. The number of those who have experienced torture, reduced from 113 thousand to 62 thousand. But it’s still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– Applications become greater. Because the added complaints related to the military conflict in Donbas. For example, former prisoners of war and civilians complain of unlawful deprivation of liberty, torture. Only our organization in the past year, has written more than 200 such applications. More than 300 – colleagues from the Ukrainian Helsinki Union.

Many cases involve loss of property as a result of hostilities. This is an obvious violation of property rights. The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. People can not get a refund from him, turning to the European Court. You can file lawsuits against Russia as an aggressor against Ukraine – for inaction. When there is evidence that it is your property, an application to the European Court prospectively. Some applicants were denied because they only sent photos of destroyed houses. And the documents that would confirm the right of ownership, could not provide because they have destroyed, along with housing.

Sourse, 14/05/2017

On the situation with human rights in Ukraine in 2016

March 8, 2017

Board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group Evgeniy Zaharov believes that the situation with human rights in Ukraine has not improved in 2016.

This he said in an interview Gazeta.ua .

– Last year, the country was undergoing improvements, – says human rights activist. – the beginning of macroeconomic stabilization, increased currency reserves, rising social standards. That is, there are signs of an improving economy. But no progress on improving the human rights situation, I do not see. For example, police reform stalled. And with good reason. Just last year, in October raised the salaries of investigators, detectives, district inspectors. And before they received significantly less than patrol. And this situation was abnormal. Because motivation is gone to work. Shortage in branches reached 30 percent. There was no one to work.

– What is the first thing to do?

– Who have the opportunity to continue the necessary changes. First of all, in the criminal section. After all, the reform of the Criminal Investigation and the investigation to date is the most necessary. Last year in this sense has been lost – due to lack of funds. Because starting any changes when there is insufficient funding law enforcement, against the loss of motivation of employees, is futile.

– What are the effects of human rights guard the most?

– Everything goes from inefficient style of governance. Offer to introduce the patrols, which will check whether all the work in the state. The urge to check the place of residence of immigrants, or to find out who receives a pension in Ukraine and ORDLO. This attitude of the state to the people wrong.

Recently I spoke to the chief doctor of a mental hospital in Kharkov. He said that the budget mentally ill on the day of release at 7 hryvnia food, medical treatment – 6 hryvnia. Therefore, the necessary funds are no drugs. As he comes out of the situation? Privileged categories, for example, consumptive or war veterans, 56 hryvnia relies on food. He divides all the advantages and all. In addition, it leads all money for food from paid services provided by the institution for citizens. Has established strict control over the catering department. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

It is clear that we have a war going on, it takes more resources. But you can not treat people like this. I think the main problem of human rights in Ukraine, the lack of humanity and compassion on the part of the state to its citizens.

– whether the police are changing, prosecutors, other law enforcement agencies?

– To say that they really do not do anything, you can not. But they perform their functions effectively, taking into account the realities. Prosecutors now want to get a big salary. They complain that the police are getting more than they do. But the re-certification of police virtually failed. Because it was carried out on the basis of a legal act that is poorly prepared. As a result, anyone who did not pass re-certification could appeal against his dismissal in court. Thus almost all the security officers returned to their posts. It is simply a profanation, not reform. Re-certification does not become a means of purification of the police.

– That is, such things as torture, hanging Affairs on innocent knock readings were?

– It was less. In particular, because the new Code of Criminal Procedure contains a lot of fuses with respect to mistreatment, torture, and the like. For example, to detain a person, authorized by a judge need an investigator. In addition, there is a norm of getting free legal aid those who can not afford to hire a lawyer. It is also a preventive tool. Finally, the court will not accept evidence obtained during the investigation. If it was about a million, then in 2015 in 2011 the victims of violence by the police – 409 thousand. Number of victims of torture has decreased from 113 000 to 62. But this is still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– statement was more because added complaints related to the military conflict in Donbas. It is, for example, prisoners of war – both military and civilian. They complain about the unlawful imprisonment, detention, torture, and the like. Only our organization in the past year, has written more than 200 such applications. More 300 – from our colleagues from the Ukrainian Helsinki Union. In addition, many of the rights violations associated with the loss of property as a result of hostilities. This is an obvious violation of property rights. Because people can not obtain compensation from the state, then turn to the European Court. The practice of national courts in this contradictory. Some courts satisfy the claim, when shelling destroyed houses and other refuse. When there is evidence that it is your property, the application to the European Court prospectively.

The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. You can file claims against the Russian, as it is the aggressor and against Ukraine – for inaction.

The Court considered the first such case. Some applicants were denied because they did not provide evidence that the property belongs to them. Sent photos of destroyed houses and the thought that this is enough. A document failed to provide, as they destroyed along with houses.

– What are the consequences of the application of the law Savchenko?

– I do not think that the worsening crime situation is directly related to him. This is confirmed by criminological research.

Sourse, 7/05/2017

Information about the doctrine of Petra Poroshenko

February 28, 2017

Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union (UHHRU), director of the Kharkiv Human Rights Group, said the anti-democratic decision of the Decree of the President of Ukraine Petro Poroshenko, regulatory monitoring of the media and the public resources of the Internet to identify information that is banned in Ukraine.

This was a human rights activist told the Ukrainian News agency.

“It is anti-democratic decision. I have over 20 years of struggle with such tendencies and still I managed such a thing to stop. Now it will be very difficult, because behind this, in my opinion, totally mistaken idea that it is necessary to fight the enemy. For fight the enemy must be quite different, “- he said.

Such a decision will only search for the enemy within the country and fight against it.

According to him, media monitoring and public Internet resources affect the freedom of the media.

“Will, of course, in a different way does not happen It (impact) will be expanded.” – he said.

Zakharov added that such a practice exists in Russia, China, Belarus, and not in the free countries.

“It’s just nonsense,” – he added.

The human rights activist believes that such an order is a mistake of Poroshenko and those who support it, because they do not understand the nature of information relations.

Recall President Petro Poroshenko instructed the Ministry of information policy to seek information in the media prohibited.

Earlier Poroshenko instructed the Cabinet to develop a bill that will be possible to lock the sites by the court .

Sourse, 27/02/2017

In February it will be known the new head of the Ukrainian National Police

December 26, 2016

Ukrainian Interior Minister Arsen Avakov announced a competition for the position of head National Police that occupy Khatia Dekanoidze until November. Who joined the Board on the selection of candidates? How will decisions be made?

The competition jury composed of experts from Canada, the US, Denmark and Ukraine.

On the phone with “Gromadska radio” MVD Director of Communications Department Artyom Shevchenko and a member of the competition committee, the founder of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov .

Irina Sampan: How will the competitive commission? It will be ensured transparency of the competition?

Evgeniy Zaharov: Now the candidates submit their application – CV and motivation letter. All received materials are translated into English and simultaneously transmitted to all members of the commission – Ukrainian and foreign. We will study and prepare materials for the meetings – the first will be held on January 18.

the primary analysis will be carried out, whether to send the summary of the qualifications for the post head Natspolitsii contained in the law – a full law degree, not less than 7 years of experience in the legal field and 5 years of managerial experience.

Prior to the first meeting of all candidates pass the test on the General Skills (general skills – Ed.) – the ability to think logically. The same test, which all police officers at recertification.

And the results of these three sources – resume, cover letter, and test – Commission will examine each candidate and ballot to decide whether he will be admitted to the interview. For each will vote personally. All this will be recorded on video, and who wants to be able to see. We just have not decided whether to make a shot in real time or recording and display afterwards.

Irina Sampan: Interviews with candidates will be carried out the commission?

Evgeniy Zaharov: Yes. All candidates will be asked the same questions, so that they are on an equal footing. It will surely be recorded on video and then you will see. After the interview, the commission will select the best three candidates and will give the Interior Ministry, whom she recommended to assign. The minister will have to choose from these three candidates.

Tatiana Troschinsky: The final word of the Minister of the Ministry of Interior ?

Evgeniy Zaharov: Yes, it is legally wrong. The minister is one candidate to the government, the government of his claims.

Irina Sampan: Can be applied to this competition a former policeman, who did not pass the re-certification?

Evgeniy Zaharov: No they do not interfere. But if they had a bad result on the test, why they do it. We introduced the test as a formal evaluation of the candidate’s ability to think. The Commission considered that it is a necessary condition. If a person can not think logically, he can not apply for this position.

Tatiana Troschinsky: In addition to these formal things that the law says that you define important? That may affect your choice to vote or not to vote for the candidate?

Evgeniy Zaharov: There are requirements to the candidate, expressed in the law – a good reputation, high moral qualities. Speaking for myself personally, their preferences – for me it will be very important if the candidate has not been seen in the human rights violations in the past. How he showed earlier in his work.

The interviews will be sufficiently deep and detailed, so that all of this will reveal. His qualities as a manager, communication with people and staff, ability to work in conditions of risk, uncertain environment with incomplete information, the propensity for innovation, creativity.

I also want to emphasize that the norm in the law of at least 7 years of work in the field of law is only at first assumed policing. And it was I who introduced the amendment to the bill that you need to expand the pool of candidates. What should be lawyers, not the police – it may be prosecutors, tax. As Artem Sitnik, who was a very decent and a good candidate for the post of head of the National Anti-Corruption Bureau. bidders circle should not be limited to the police around.

Irina Sampan: When the Commission will submit to the Minister Interior Ministry candidates recommended for the post of Natspolitsii?

Evgeniy Zaharov: The timing is now difficult to say, because it is not clear how many will be applications. If, for example, 200, the operation may take a week. Everyone needs to read, to think, to study, you have to vote for each candidate. Maybe I’m wrong, is a bit of candidates, and we are the first three days have time to do all this. But I think that it is doubtful, and we move on to the next week (after the first meeting on 18 January – Ed.).

Irina Sampan: How many applications have been filed?

Evgeniy Zaharov: Five days ago there were six. This is the ones translated into English and sent to all candidates. It’s Christmas, the intensity of a halt. I think that most of the applications will be after the New Year.

Sourse, 25/12/2016

Why was considered normal “squeeze” the property from the separatist?

November 29, 2016

Fighting in eastern Ukraine led to a significant deterioration of the situation with human rights, including, new extraordinary precedent that did not previously exist in Ukraine. This was stated by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union and the head of Evgeniy Zaharov the Kharkiv Human Rights Group, in an interview , “Gromadska” .

Zakharov said that the first cases of human rights violations related to the situation in the Donbas is to start from the militants, who were persecuted, detained, tortured and killed patriotic citizens. Subsequently, this led to the fact that the Ukrainian military began to use similar methods.

“In response to some of our volunteer teams to see this attitude, we began to operate symmetrically. Torture of prisoners took place, and some were tortured to death. Also killed prisoners. It came into use words such as “pressing”. Why was considered normal “squeeze” the property from separatist, if the separatists. Car, home pick up. This is not a crime if it is an enemy, “- said Zakharov.

The human rights activist noted that a significant part of society “meaningful or not it supports violence against the separatists.”

In addition to Ukrainian volunteer battalions, disturbances in the form of torture is also used employees of the Security Service, as evidenced by the reports Ukrainian Commissioner for Human Rights and the report of the Human Rights Defenders Amnesty international and Human rights watch.

According to Zakharov said that the Ombudsman’s report says that the greatest number of complaints (39%) related to the use of torture was applied in respect of the SBU.

“The Security Service torture detainees, it is not known where they are kept. In fact, according to the law of the SBU, and in the law on pre-trial detention was not a word about the fact that SBU can have investigative detention centers. If they are, then they are illegal, “- he stressed.

Zakharov also mentioned that persons detained in connection with allegations of investigative jurisdiction of the SBU, is charged with terrorism, separatism gosizmenui.

Sourse, 28/11/2016

The biggest violation of human rights among law enforcement agencies come from the SBU

July 21, 2016

What reforms have taken place in the judicial system of Ukraine during the reign of the new government and President Poroshenko and what prospects are opening up in the power department in the near future in an exclusive interview to the online edition of the Ukrainian News – From-UA has told the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, Director of the Kharkiv Human Rights group Evgeniy Zaharov.

Ukraine News – From-UA: Eugene E., good afternoon! What changes do you see in the law enforcement system since the arrival of the new government? The police, the prison service, the prosecutor’s office, the courts, the Ukrainian Security Service?

Evgeniy Zaharov: You see, in fact, comprehensive reform of the entire system of criminal justice, unfortunately, is not happening.

There are some changes in the police, which no longer exists, since the 7 th November 2015 it was replaced by the police.

A new patrol police in the 35 cities of Ukraine, except in rural areas set up, tested, tested and is now being implemented – a new model of public order, based on the rapid response groups. It was first in Sambor, then another nine district department, and then the model has been implemented in three areas since February 2016 years: in Kyiv, Kharkiv and Lviv, most recently in the Khmelnytsky and is now preparing to Volyn. That is, there is reform.

Nevertheless, we must clearly understand that this is only part of the police, which deals with the protection of public order and that has not affected the criminal unit, departmental system of medicine and education. And still a lot to do in order to continue to pursue this reform sequentially.

A major obstacle to this – is a lack of funding. The budget of the police and the Interior Ministry as a whole is very much curtailed, and a situation where a young patrol, who studied for three months, six months or a year of work, and get a much higher salary than the investigators or investigators with experience of 10-15 years – it’s not normal, so do not be must. But the funds to fix it, to raise the salary of those who have passed the certification, simply do not have today. And this is one of the main obstacles of the reform.

If we compare the way that we run the 100m, the 15 meters we already ran. But we need to run further and do not stop, because any stop will be fraught with the fact that all these improvements will be leveled. And the existing police system, which, alas, yet will not go away (because in many ways it continues to persist and everything appeared new can adapt to fit your habits and rules), will remain the same. This danger is, and it must be clearly understood. Because it can not police with a salary of 3-4 thousand hryvnia per month, especially in the big cities, to feed his family, and this will inevitably push him to some other acts of unlawful ways of earning.

If we talk about the prosecutor’s office, the courts, the prison system, the SBU, in my opinion, were only trying to initiate reforms in these bodies, but they failed. More specifically, I am referring to the prosecutor’s office and the courts, because what was done was done poorly. But it has its own reasons, and they can be viewed separately.

Beginning of the reform of the penitentiary system changes the structure of the State Penal Service and not for the actual penal institutions. That is life in the colonies so far has not changed the fact that these reforms have begun. And in fact, here you need to change a lot in practice and in law. But these changes are very difficult, they are harder to do than the police or the prosecutor’s office.

The order, which was formed there, break is not so easy, and if it is broken, then the situation in the colonies will be even worse, because they are financed disgusting. For them, the budget recorded two times less than you need, and they eventually receive half of that half. And actually financed at 25%, only to escape the fact that in each colony are looking for some way to make extra money. And where the administration of the colony successful, there is a better, where unsuccessful – there is worse.

A lot depends on whether the colony is “on the ground”, for example, as it can grow their own fruit and vegetables, in addition to budgetary allocations. And if they still grow and sell, so it’s even better.

And if it’s industrial zone, and there is something made, as is known, such a forced labor – not very productive, and businesses which employ convicted, it is difficult to compete. There’s basically an old worn-out equipment, old dirty technology … But this is a business that is closed from public scrutiny, and there occurs a serious enrichment of those who supervise them, despite the fact that the prisoners themselves receive a penny. And cut this Gordian knot is not possible, because simply these colonies is nothing to exist, even though a significant portion of the money takes the administration of enterprises, which are created when the colonies. Still, at least something, but remains a prisoner. If it will not, the situation will worsen significantly in the colonies. So just this problem can not be solved,

As for the prosecutor’s office – as long as I do not see major changes. It only point changes on staffing levels, or in some individual cases. But they are after the new Attorney-General, and should welcome the fact that he was engaged in such things – the most severe human rights violations in an attempt to eradicate them. Such as, for example, long-term maintenance portion accused detained in prison without penalty. You can also welcome his desire to make personnel changes. But in fact this is just all half-measures, and serious reform of the prosecutor’s office has, in fact, did not start. There is a problem with the presence of the frame, as is the case with the police and the prison system.

Ukraine News – From-UA: Over the past few years, we have changed three times Attorneys General. What is the reason, in your opinion?

Evgeniy Zaharov: This is due to the fact that they could not cope with the tasks that they are being given society and what is waiting for them. They have not been able, nor Oleh Makhnitskyi nor Yarema nor Shokin, to investigate crimes on the Maidan in full. And indeed they were unable to carry out any reform or change the entire system of prosecutors.

One of the reasons lies in the fact that all prosecutors are accountable to the President, and they worked in manual mode. I do not know if it’s true, but argue that the Attorney General Shokin literally daily reports to the President about the work that he did. That is, he received direct orders, what to do in any given situation, and be accountable for it.

It is this dependence Attorney General from the main official in the state – it’s completely normal. This is our problem: our political forces want to control the courts, prosecutors, law enforcement agencies and use them as an instrument for solving their political problems. It should not be. And it was when all power, a greater or lesser extent, and now it continues. And in this conflict and tied inside the prosecutor’s office, for example, Deputy Attorney General Kasko, Sakvarelidze and with so many such things.

That will be obtained from Lutsenko how he will behave in this situation, it is difficult to predict. But it is also clear that there have been delivered as a person close to the president, the former head of PPO fractions, and again you can expect from it will require certain actions in certain cases.

In general, public prosecutors should be independent, as well as the judges. And if that were the case, and they are not crushed, it would be much better. But prosecutors, like judges, there is a danger canned in its own system without any control and it was not changed, and their acceptance of the illegal and unjust decisions on someone’s orders then it will be difficult to correct. And there, and there is very difficult to pass between these two extremes.

Yuri V. started with some positive steps, private, essential, but how much he will be able to reform the system as a whole, we’ll see.

Everywhere very big problem with the staff. But by the way, if we talk about the staff, the best thing to do with this situation in the judicial system. There’s a lot more experienced and trained judges than the illiterate. But the trouble is that from the undue pressure that they get bored, they massively retire. And in a lot of police, who left because they did not want to undergo the procedure, which they were offered.

Although there is another point of view, they are weak people, once they had done so, and God is with them – and I fully understand it. Because it is a strong point of view: put on the form – to serve and to carry out all that is needed. And this is in fact the action of the Bible principle: “Do what you must, come what may.” And if you ran away, then you are a coward – that masculine approach. But such strong people very little, and those who is such, they are very uncomfortable, because they always do what they think is right, and not as orders superiors, and therefore always be under attack.

Ukraine News – From-UA: In one of the political talk show Verkhovna Rada Chairman Andrew Paruby called judicial reform – a major “victory” of the season in the parliament. Do you agree with this?

Evgeniy Zaharov: Unfortunately, he is mistaken. I appreciate the personal qualities of courage, integrity and honesty Parubiya, but I fear that he did not really understand the judicial system. And to say that judicial reform – a major victory in parliament, it is a mistake, in my opinion. Because in fact what happens is that the judicial system is now collapsing under the influence of such reforms.

Here is a very difficult task. On the one hand, the need to ensure the independence of the court, since it will not be open-minded and objective without it. If he is dependent, then it will be easy to pressure. But unfortunately, in this regard the so-called reform is quite Direction: they put the judges even more dependent than before. This is motivated by the fact that the judicial system – corruption, inadequate, does not meet the requirements of the time, and judges are flying all the accusations.

But I think that the judicial system is not more corrupt than any other in our country, and the fact that so judges are generally wrong. After all, judges are different: there is corruption, but there are those who will never take bribes, they just do not allow such cases, where they were waiting for the “right” decision.

So, unfortunately, judicial reform hinders the desire to take executive control of the judges. And whoever is in power, is manifested. With all the presidents since it was, and continues under President Poroshenko same. This is a big mistake, because it is impossible to treat with the judges, requiring them to take the “right” decision. This applies, above all, capital ships, the higher courts. The rest of the ships the same thing happens at the local level. And it turns out that judges are dependent, they are not free in their decisions. What judicial reform can be with such a situation? Yes, no, quite simply.

And then there was noticeably worsened access to justice by banning conventional lawyers, not lawyers, to take part in civil and administrative cases!

Ukraine News – From-UA: Yevgeny Yefimovich, what reforms are experiencing today, the Security Service of Ukraine?

Evgeniy Zaharov: With regard to the Security Service of Ukraine, the situation there is very bad, she did not reform. And today I can say that the greatest violations of human rights among law enforcement agencies come from the Security Service, which is very violates the right to liberty and security of person, the right to protection from torture and so many other rights. The balance between human rights and national security protection solutions quite clearly in favor of national security. And there are so many criminal enterprises, opened the SBU, which, to put it mildly, questionable.

What is happening there is, unfortunately, very often the real outrage. What could make more than once, considering the specific case of criminal prosecutions in the National Security Service. I do believe that this centaur – both intelligence and law enforcement authority – an anachronism, it is not normal, and this is not in any civilized country of the world.

We do not compare ourselves with Russia, we are talking about European countries. Intelligence agency must deal only with data extraction for senior government officials, her job – intelligence and counterintelligence. But the investigation of crimes – this is not her business. And if these functions have dramatically SBU take, it may be, would be transformed into a normal special service.

And today it’s just a body, which is taking advantage of its unique position, that is the main body for the protection of national security, which protects us against terrorism, which actually runs the ATO (and that’s how it is served) is really a body, for which there are very serious tyranny and human rights violations. security service need to take place to put it, and not the one that she now occupies.

Ukraine News – From-UA: What are the prospects in the law enforcement system you see in the near future?

Evgeniy Zaharov: I believe that the reforms could be done, it is a very real thing. But this requires a number of conditions.

The first – the mandatory funding. Here’s what the police reform can be done without additional funding, almost everything has already been done. But in order to move forward, we need the money, which is not. It is necessary to firmly grasp the rule: reforms cost money, and if you do not give money, the reforms will not. And those systems that need to be reformed, without the money will remain in its old state, and then rot.

And the second – political will is needed to implement these reforms. You need to have people who have a clear understanding and have a clear vision of what and how they want to do. To these were new teams that would have sufficient authority and political will to transform the system.

Police experience shows that this is possible in principle. But on the way people who do such things, a lot of difficulties, obstacles, problems. And of course, the reform of the law enforcement system of Ukraine – it is cleaning the Augean stables. And, nevertheless, the reforms could be done despite the fact that it was supported by the state and society, despite the fact that there is sufficient funding – it would all really.

But the obstacles are many: and the wrong political guidance on many issues, and the lack of funds, and perhaps most importantly – the lack of personnel.

Interviewed by Julia Protsyshena

Sourse, 20/07/2016

Instead, the right of profit operates in Ukraine

April 29, 2016

Rights principle does not work in Ukraine. State directs political benefit. A force opponents pressed.

This was stated by Evgeniy Zaharov, member of the Board of the Ukrainian Helsinki Human Rights Union, at a press conference the initiative group of “breast-Perche”.

“One of the main problems in the state and society – it is demagoguery and populism confidence that complex problems can be solved by simple methods In particular, the use of force Many individuals in their actions are guided solely by motives of political expediency and a desire to press their opponents tire out….. . them as far as possible they are not guided by the principles of law I want to emphasize that it is impossible to do so This is the road to a dead end is the way to defeat, “-… Zakharov said.

Recall, the participants of the initiative group “of breast-Perche” unveiled appeal “keep the state from self-destruction”, which called on the Ukrainian people to unite in the struggle for the state and the country’s leadership – to develop a new political system.

Sourse, 28.04.2016

The confrontation of political forces is a serious threat to human rights in Ukraine

January 5, 2016

2016, as the previous two years, will determine the continuing conflict in the east of Ukraine.This was reported by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, the situation with the provision of socio-economic rights of Ukrainians certainly improve if there will be positive developments in the economic sphere.

“A serious threat to Ukraine for Human Rights is a confrontation between the political forces, which leads to a loss of cohesion and possible political crises, worsening the situation as a whole. Unity us today is necessary, and I hope that the public will be able to overcome the calls for radical action, which we constantly hear today, “- said the expert.

As for the reform of the judicial system and law enforcement bodies, the human rights activist does not express much optimism: “There is, unfortunately, not been necessary conditions for this.”

At the same time, Evgeniy Zaharov expressed “very cautious optimism” about the fight against corruption in Ukraine.

“Those institutions that have started to work, in particular, the National Anti-Corruption Bureau and the Anti-Corruption Prosecutor’s Office, no longer able together to investigate corruption crimes. I hope that they will be successful in these matters, and it will not interfere with the obstacles generated by the unification of government and business. If these things can be diluted, then change for the better is possible, “- adds a human rights activist.

In general, according to Evgeniya Zaharova, 2016, as well as 2014-2015., Will determine the continuing conflict in the east of Ukraine.

“In those or other he will continue, God forbid, that these forms were more or less peaceful. From this it follows that Ukraine will be forced to live in such conditions, “- said the expert.

Evgeniy Zaharov also does not exclude the fact that “Naftogaz Ukraine” in 2016 received the first profit.

“We can expect that public procurement following the entry into force of the law, will not be as corrupt as before. And we can expect that will go on police reform, which in 2015 developed well and has the potential to become more successful “, – predicts a human rights activist.

Thus, it said Zakharov, if Ukraine will be able to avoid a large-scale military conflict, those areas in which the foundation was laid for the development, will be able to show positive results.

“I hope that the scale of the conflict will not be that he will be in the same form as now. Although this is, unfortunately, unlikely to save us from new victims “, – he summed up the expert.

Sourse, 04/01/2016

Sentsov and Kol’chenko may return to Ukraine

August 26, 2015

Sentenced to long terms of Ukrainian filmmaker Oleg Sentsov and activist Alexander Kol’chenko could theoretically be exchanged for captured officers of the Russian GRU. This was reported by a member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, lawyers and Sentsova Kol’chenko can seek the transfer of convicts to serve life in Ukraine.

“There is the Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of 22 January 1993. It provides for the transfer of prisoners to serve their sentences in the country of which they are. This good will of the two countries and this could be done on the basis of existing international treaties. But I have serious doubts that this is what happens. Because the Russian leadership this goodwill is simply no “, – Zakharov said.

The expert does not consider Sentsova and Kol’chenko first political prisoners of Ukrainian citizens on the territory of the Russian Federation. According to him, this is not the first case of conviction of political prisoners in Russia, because the country are persecuted and convicted a number of Russian activists and ordinary citizens of Ukraine, who were persecuted for their political beliefs and statements.

Processes themselves human rights activist believes that it is political.

“The process Sentsov-Kol’chenko, as well as in respect of Hope Savchenko, Russia wants to demonstrate that it is, as before, does not consider Ukraine’s independence, has no respect for its sovereignty and believes that it can bring them to trial Ukrainian citizens on trumped-up charges and accuse them in such crimes. This is all in line with the policy that recently the Kremlin is on Ukraine “, – Evgeniy Zaharov believes.

According to human rights activist Oleg Sentsov Alexander Kol’chenko Nadezhda Savchenko and may be released only in the event of a change of political regime in Russia, when they reviewed the criminal cases pending against them. At the same time, he did not rule out the possibility of a prisoner exchange.

“Between Russia and Ukraine, there may be political agreement on the exchange of prisoners, similar to how the Soviet Union exchanged spies in the Soviet political prisoners. Thus, in particular, have been released and went to the West , Vladimir Bukovsky , Mykola Rudenko and other dissidents and human rights activists.

“It’s hard to say, to whom can exchange convicted Sentsova Kol’chenko and, as a matter of trading. The fact that the process of international exchange of prisoners and the people completely secretive and the public does not take part in it. In Ukraine, it is engaged in the Security Service, or rather it is more of a performer, and the main issues are addressed at the highest level of political leadership. But such exchanges happen all the time. Theoretically, Sentsova, Kol’chenko or Hope Savchenko can exchange for the detainees in the ATO zone GRU officers of the Russian Federation. However, I’m not sure this is 100%, “- concluded Evgeniy Zaharov.

Recall, August 25, the North Caucasus District Military Court in Rostov-on-Don convicted in relation to Ukrainian director Oleg Sentsova on charges of planning terrorist attacks in the Crimea. The second defendant – activist Alexander Kol’chenko – found guilty of involvement in the terrorist community, complicity in a terrorist act.

The Ukrainian Foreign Ministry has called illegal and inhumane sentence Russian court in the case of citizens of Ukraine Oleg Sentsova Kol’chenko and Alexander, who were sentenced to 20 and 10 years imprisonment respectively.

Sourse, 25/08/2015

Результаты поиска:

Mixed hatchet and a scalpel

May 23, 2017

So in a nutshell, nA my opinion, can be characterized by a decree of President of Ukraine “On the decision of the National Security and Defense Council of Ukraine of 28 April 2017” On the application of personal special economic and other restrictive measures (sanctions), “which introduced a one-year (or three years, five years, indefinitely -. to each his own), various restrictions on the 468 legal entities and 1228 individuals About this in his blog on the NRwrote the well-known human rights activist, member of the Board of the Ukrainian Helsinki human Rights Union, the head of Kharkiv Human Rights Group Evgeniy Zaharov.

The following is the opinion of human rights activist:

Let’s try to argue from a position of affirmation and protection of human rights, which, according to Article 3 of the Constitution of Ukraine, is … the primary responsibility of our state.

According to the second part of Article 22 of the Constitution: “With the adoption of new laws or amending existing laws are not allowed narrowing of the content and scope of existing rights and freedoms.” At the same time it is obvious that imposed by the Decree (ie, the act is not even legislative and executive authorities) sanctions restrict the key rights and freedoms guaranteed by the Constitution: the right of ownership (Article 41) and / or freedom of information (Article 34) and / or creative freedom (article 54), and in respect only of individuals – even and / or the right to respect for private and family life (article 32) and / or freedom of movement (article 33).

In order to determine whether the restriction on the right (freedom) justified and valid, it is necessary to turn to his assessment on the basis of principles of the European Convention on Human Rights in 1950 Namely, the restriction of rights must be based on law, pursue a clearly defined goal of Limitations of fundamental law of Ukraine a list of objectives and be proportionate (adequate) in relation to the alleged threat was detected.

In any case, the effects of restrictions on rights and freedoms must bring less damage to society and the individual than the full implementation of the subjective right in its former, that is full. In our case, as far as can be judged, run by a presidential decree limiting the rights and freedoms formally based on the Law of Ukraine “On sanctions” on August 14, 2014, are intended to protect national security (or other objectives listed in Article 1 of the Law “On sanctions” ).

As for the answer to the question whether the rights and freedoms within an acceptable scale violated, the answer can only distance a thorough analysis of the proportionality introduced restrictions stated objectives. Such an analysis, which is very important, must be carried out with respect to each of the listed individuals and entities. In this case, a number of rights may be restricted only after a court decision to impose such restrictions. In any case, the principle of the rule of law requires the State and its agents provide a convincing argument in favor of the need to limit the rights.

Strictly speaking, to restrict the constitutional rights can only be in that case, if no such restriction is really impossible to do. Such a requirement is contained in the well-known presumption: based on the law and the court sanctioned restriction of the right should be recognized as “necessary in a democratic society”.

Whether in this case complied with the required procedure? I suppose not, but was glad to be wrong.

List of individuals to sanctions, including not only the citizens of Russia, but also in other foreign countries. It also got some Ukrainian citizens. We are talking about people living in the occupied territories as the Crimea, Donetsk and Lugansk regions and the territories controlled by the Ukrainian government. And I do not understand how in regard to the latter can act without prior court decision is most often found in the list of restriction of their property rights.

We are talking about blocking assets as a temporary restriction of a person the right to use and dispose of property belonging to him. Such a restriction may be regarded as an infringement of the fundamental right to private property is permissible only in the case of introduction of a state of emergency.

For example, a citizen Zagnibeda KG (№210 in the list), registered and residing in Slavyansk, should, it seems, for a year to get away from his home? And where? The all-knowing Google said that Mr. Zagnibeda born in 1963 – is an entrepreneur, the owner of the LLC “ZAGNIBEDA LTD” with the main activity:. “The production of plates, sheets, tubes and profiles made of plastics.”

In 2015, he ran for city council Slavic, being number 12 in the list of “Ukrainian parties honor the fight against corruption and organized crime.” More than anything substantive, I have not found, so to see at least a hint of why in this case to impose sanctions, failed. It is clear only that, apparently, during the occupation, Mr. Slavyansk Zagnibeda aggressor is not promoted, otherwise would have been prosecuted.

The list of legal entities – offshore companies, banks, airlines, industry, particularly engineering, enterprise, television and radio, social networking, and other services (cloud storage, navigation, music, etc.), software developers (hereinafter – Software) … Many of them have Ukrainian registration, they are in Ukraine and employ ordinary citizens of Ukraine.

Puzzling hit by sanctions of the Russian company “1C” and its Ukrainian representative office of LLC “1C Multimedia Ukraine”. Accounting computer system 1C uses 80% of Ukrainian enterprises of small and medium-sized businesses, the majority of public organizations.

It appears that in this case it is necessary to have very good reasons for decisions on sanctions, the data base must be sure to explain to the population. In general, a review of Ukrainian software development companies have come under the sanctions shows that they all have one similar trait – are subsidiaries or representative of the Russian companies. Is this the only and therefore sufficient from the point of view of the authorities, the legal basis?

Let’s consider the well-known company OOO “Parus-Ukraine”, working on the Ukrainian market since Soviet times. Referring to its website: parus.ua. The main activity of the group of companies “Sail” – the development, promotion and implementation of software for enterprise management. Today, the company – one of the largest software companies in Ukraine, developing business management. In addition to the development of the Center, for the period of its operation, the central office has developed a strong regional network of over 28 regional offices (see. №№ 443-468 in the legal list. Of persons) and more than two dozen dealers. The number of employees is more than 550 professionals, of which more than 250 are working in Kiev.

“Sail” Number of product installations exceeds 200,000, the software operates in more than 20,000 organizations. Users of software products “Sail” is the enterprise telecommunications, large industrial companies, oil and gas companies and thermal power complex, trading companies, insurance, credit and financial companies, design and construction organizations, enterprises transport and logistics, printing companies, publishing and media, restaurant complexes, cafes, bars, pubs, pizzerias, hotels, boarding houses, recreation, night sports and fitness clubs, entertainment centers, water parks, sire structure governmental administration, ministries, departments, committees, universities, medical and health institutions.

At the same site, “Sail” claims that his clients include 80% of the main managers of budgetary funds, including, in particular, the Ministry of Defense, Ministry of Internal Affairs, State Border Service, the regional management of the State Migration Service and emergency services, “Ukrtelecom” “Ukrnafta” SDO “Yuzhnoye”, National school of judges, and many other government agencies.

So it does not surprise me an urgent message on the official website, which appeared May 16 immediately after the release of the Decree, which reads as follows: “Sail” – a group of Ukrainian companies! Information about this can be found on the website under parus.ua “Copyright and Permissions”. Hit in the sanctions list in respect of the group of companies “Sail” is not valid, we will be challenged and is perceived by us as pressure.

And I was not surprised by the appearance of proposals to use all soon any new software products of Ukrainian origin, instead of products 1C, “Sail” and other subsidiaries of Russian software developers. I would like to still hear the explanation why many software developers to apply such a truly draconian restrictive measures.

But imposing sanctions on companies such as “Doctor Web”, “Kaspersky Lab” and their Ukrainian representative offices as no surprise. I had a lot to hear from system administrators familiar that these anti-virus programs as mail.ru complex can not be used, because they are engaged in espionage, embedded in the operating system of aggressive, damage the installation browser, install bugs and illegally collect information without permission and warn users.

In particular, personal information, financial records, data on the location, movement, and the like. The illegal collection of personal data and use them to the detriment of Ukraine also blame social networks “in contact” (VC) and “Classmates” (OK). In particular, the military claimed that the publication of photos of its soldiers in social networks sometimes leads to their death.

If the appeal to the social networks of people involved in the public sector, has brought serious harm to the national security and other public interests listed in Article 1 of the Law “On sanctions”, the restriction of access of civil servants and all other people working in state institutions, seem justified. But whether the state can restrict access to social networks of millions of people, to do with the public institutions do not have? I think it is – a massive violation of the right to privacy and freedom of expression.

The impression is that the imposition of sanctions is motivated primarily by some purely private, commercial and economic interests, and seeks to harm the financial interests of specific companies. In this vein, the sanctions would contribute to both the development of Ukrainian business. For example, as you know, “Yandex” and other Russian companies have brought down Ukrainian advertising market on the Internet and drove with him Ukrainian competitors. Sanctions will remove from the market “Yandex” and others. But it does benefit from that Ukrainian consumers? All this looks very doubtful and uncertain …

And I was wondering if anyone thought about the people who use “Yandex-purse”? For example, they can take in case of need their money? Or initial calculation was that the ban on access to web resources and easy to get around because all who need to quickly learn how to do it? This is indicated by many defenders of Presidential Decree – he, they say, is not directed against users, but against the companies, and that in our democratic state, no one will interfere with the VC and UC fans enjoy this personification of “Russian world”.

But older people remember well how quickly passed us by “enemies uneshnih” to “enemies unutrennim”. Here and now there are voices, including some active deputies, that you need to watch out for those who violate the decree and to hold them accountable. Our state has long dreamed of control over the internet, there have been several attempts to establish it. As long as they did not work. But to deal with the introduction of Internet control under the pretext of protecting information security during the war with the Russian aggressor will be more difficult. In any case, I really do not want to Ukraine in the national security services is easily confused with a rusty ax a surgical scalpel.

Sourse, 22/05/2017

Why “Savchenko law” did not need

May 22, 2017

“Savchenko Law” in Ukraine was canceled because it was no longer necessary. Prisoners who could list the period they were released or left to sit much less.

This edition Gazeta.ua said May 21 Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group.

“Law Savchenko” long wanted to cancel. And it happened. He played a role. It was difficult to differentiate for whom he acted. Therefore, it is easier to cancel than to change it for something. Everyone who could be counted period, then they have listed. Someone ended term of imprisonment or decreased significantly. For its abolition outweighed the negative attitude in the society to the fact that the release of prisoners, and the appearance of rejection Hope Savchenko. “

The law does not provide clear guidance on how to act with people who put life:.. “Do not take into account only the situation with the prisoners, which condemned the life one listed, while others refused because they thought that they are the law does not apply was discussion on about it. In the framework of “law Savchenko” would replace a life sentence for a specific sentence. But with the abolition of the law of the matter was dropped. “

In general, “the law Savchenko” had more positive than negative: “The law reduces the time of those who were in remand prisons with appalling conditions also for those who are convicted of the Code, which was in force until November 2012. Then it was possible to send the case to the.. . for further investigation and the suspect remained in jail for 7-10 years in pretrial detention were men 3-4 times more than the intended place of some forced to sleep in the same bed or in turn, poorly fed These conditions -.. Therefore, for the torture. “Savchenko law” be considered the year in Jail in prison was just over 2 years.

Now there are prisoners who have been tried under the old Code, the nearly empty prison. The conditions in the prison became a little better, though, if only because there is no overcrowding. The new code can be kept in the remand prison of the people can be punished at least 5 years imprisonment.

Negativity of the law there were some prisoners who were sitting at a fairly violent crimes and came much earlier on will than need. Some of them commit crimes again, but it’s not the fault of the law. “

Recall May 18 the Verkhovna Rada has supported the abolition of the so-called “Savchenko law.” He acted with the December 24, 2015. Terrible condition of detention centers and the conditions in which people with respect to which there is a consequence and court, have become the main motive for the adoption of this law. During the operation of the law 10.2 thousand. Inmates released early. Of these, 1.5 thousand. Went back under arrest and trial. We predicted that under this law, to freedom had to get another 34 thousand. Prisoners.

Sourse, 21/05/2017

I do not see any improvement in the human rights situation in Ukraine

May 15, 2017

– Last year in Ukraine, there were signs of improvement in the economy. Increased currency reserves, improve social standards. But I do not see any improvement in the human rights situation, – said the head of the Kharkiv Human Rights Group, a board member of the Ukrainian Helsinki Human Rights Union Evgeniy Zaharov .

– For example, police reform stalled. And for good reason. Only in October last year raised the salaries bulk of police – investigators, operatives, the local inspector. And before they received much less patrol. Disappeared motivation to work. Shortage in the areas reached 30 percent. It does not have someone to work with.

– What should I do first?

– Who have the opportunity to continue to change. First of all, in the criminal section. Most necessary for today – the reform of the Criminal Investigation and the investigation.

– What are the effects of human rights guard the most?

– The lack of mercy on the part of the state to its citizens. Everything comes from poor governance.

Recently I spoke to the chief doctor of the psychiatric hospital of Kharkiv. He said that from the budget to the patient per day on food are seven hryvnia for treatment – six. On drugs means no. The institution of the situation so decide. Privileged categories, war veterans or consumptive assigned 56 hryvnia powered. Their pros and divide at all. Also, spending on food by all means from the paid services that an institution provides to citizens. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

Clearly, the war takes more resources. But you can not treat people like this.

– whether the police are changing?

– It is not that they do not do anything. But they are ineffective. Prosecutors complain that police salary is more than theirs. But the re-certification of police virtually failed. Because it was carried out on the basis of ill-prepared legal act. As a result, one could appeal against the dismissal in court.

– Torture, hanging Affairs on the innocent, knocking indications left?

– It was less. The new Criminal Procedure Code contains many fuses from bad behavior, torture and the like. For example, to detain a person, you need the sanction of the investigating judge. Also, there is a norm of getting free legal aid to those who can not afford a lawyer.

If the victims of violence were about a million in the police in 2011, the year before – 409 million. The number of those who have experienced torture, reduced from 113 thousand to 62 thousand. But it’s still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– Applications become greater. Because the added complaints related to the military conflict in Donbas. For example, former prisoners of war and civilians complain of unlawful deprivation of liberty, torture. Only our organization in the past year, has written more than 200 such applications. More than 300 – colleagues from the Ukrainian Helsinki Union.

Many cases involve loss of property as a result of hostilities. This is an obvious violation of property rights. The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. People can not get a refund from him, turning to the European Court. You can file lawsuits against Russia as an aggressor against Ukraine – for inaction. When there is evidence that it is your property, an application to the European Court prospectively. Some applicants were denied because they only sent photos of destroyed houses. And the documents that would confirm the right of ownership, could not provide because they have destroyed, along with housing.

Sourse, 14/05/2017

On the situation with human rights in Ukraine in 2016

March 8, 2017

Board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group Evgeniy Zaharov believes that the situation with human rights in Ukraine has not improved in 2016.

This he said in an interview Gazeta.ua .

– Last year, the country was undergoing improvements, – says human rights activist. – the beginning of macroeconomic stabilization, increased currency reserves, rising social standards. That is, there are signs of an improving economy. But no progress on improving the human rights situation, I do not see. For example, police reform stalled. And with good reason. Just last year, in October raised the salaries of investigators, detectives, district inspectors. And before they received significantly less than patrol. And this situation was abnormal. Because motivation is gone to work. Shortage in branches reached 30 percent. There was no one to work.

– What is the first thing to do?

– Who have the opportunity to continue the necessary changes. First of all, in the criminal section. After all, the reform of the Criminal Investigation and the investigation to date is the most necessary. Last year in this sense has been lost – due to lack of funds. Because starting any changes when there is insufficient funding law enforcement, against the loss of motivation of employees, is futile.

– What are the effects of human rights guard the most?

– Everything goes from inefficient style of governance. Offer to introduce the patrols, which will check whether all the work in the state. The urge to check the place of residence of immigrants, or to find out who receives a pension in Ukraine and ORDLO. This attitude of the state to the people wrong.

Recently I spoke to the chief doctor of a mental hospital in Kharkov. He said that the budget mentally ill on the day of release at 7 hryvnia food, medical treatment – 6 hryvnia. Therefore, the necessary funds are no drugs. As he comes out of the situation? Privileged categories, for example, consumptive or war veterans, 56 hryvnia relies on food. He divides all the advantages and all. In addition, it leads all money for food from paid services provided by the institution for citizens. Has established strict control over the catering department. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

It is clear that we have a war going on, it takes more resources. But you can not treat people like this. I think the main problem of human rights in Ukraine, the lack of humanity and compassion on the part of the state to its citizens.

– whether the police are changing, prosecutors, other law enforcement agencies?

– To say that they really do not do anything, you can not. But they perform their functions effectively, taking into account the realities. Prosecutors now want to get a big salary. They complain that the police are getting more than they do. But the re-certification of police virtually failed. Because it was carried out on the basis of a legal act that is poorly prepared. As a result, anyone who did not pass re-certification could appeal against his dismissal in court. Thus almost all the security officers returned to their posts. It is simply a profanation, not reform. Re-certification does not become a means of purification of the police.

– That is, such things as torture, hanging Affairs on innocent knock readings were?

– It was less. In particular, because the new Code of Criminal Procedure contains a lot of fuses with respect to mistreatment, torture, and the like. For example, to detain a person, authorized by a judge need an investigator. In addition, there is a norm of getting free legal aid those who can not afford to hire a lawyer. It is also a preventive tool. Finally, the court will not accept evidence obtained during the investigation. If it was about a million, then in 2015 in 2011 the victims of violence by the police – 409 thousand. Number of victims of torture has decreased from 113 000 to 62. But this is still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– statement was more because added complaints related to the military conflict in Donbas. It is, for example, prisoners of war – both military and civilian. They complain about the unlawful imprisonment, detention, torture, and the like. Only our organization in the past year, has written more than 200 such applications. More 300 – from our colleagues from the Ukrainian Helsinki Union. In addition, many of the rights violations associated with the loss of property as a result of hostilities. This is an obvious violation of property rights. Because people can not obtain compensation from the state, then turn to the European Court. The practice of national courts in this contradictory. Some courts satisfy the claim, when shelling destroyed houses and other refuse. When there is evidence that it is your property, the application to the European Court prospectively.

The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. You can file claims against the Russian, as it is the aggressor and against Ukraine – for inaction.

The Court considered the first such case. Some applicants were denied because they did not provide evidence that the property belongs to them. Sent photos of destroyed houses and the thought that this is enough. A document failed to provide, as they destroyed along with houses.

– What are the consequences of the application of the law Savchenko?

– I do not think that the worsening crime situation is directly related to him. This is confirmed by criminological research.

Sourse, 7/05/2017

Information about the doctrine of Petra Poroshenko

February 28, 2017

Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union (UHHRU), director of the Kharkiv Human Rights Group, said the anti-democratic decision of the Decree of the President of Ukraine Petro Poroshenko, regulatory monitoring of the media and the public resources of the Internet to identify information that is banned in Ukraine.

This was a human rights activist told the Ukrainian News agency.

“It is anti-democratic decision. I have over 20 years of struggle with such tendencies and still I managed such a thing to stop. Now it will be very difficult, because behind this, in my opinion, totally mistaken idea that it is necessary to fight the enemy. For fight the enemy must be quite different, “- he said.

Such a decision will only search for the enemy within the country and fight against it.

According to him, media monitoring and public Internet resources affect the freedom of the media.

“Will, of course, in a different way does not happen It (impact) will be expanded.” – he said.

Zakharov added that such a practice exists in Russia, China, Belarus, and not in the free countries.

“It’s just nonsense,” – he added.

The human rights activist believes that such an order is a mistake of Poroshenko and those who support it, because they do not understand the nature of information relations.

Recall President Petro Poroshenko instructed the Ministry of information policy to seek information in the media prohibited.

Earlier Poroshenko instructed the Cabinet to develop a bill that will be possible to lock the sites by the court .

Sourse, 27/02/2017

In February it will be known the new head of the Ukrainian National Police

December 26, 2016

Ukrainian Interior Minister Arsen Avakov announced a competition for the position of head National Police that occupy Khatia Dekanoidze until November. Who joined the Board on the selection of candidates? How will decisions be made?

The competition jury composed of experts from Canada, the US, Denmark and Ukraine.

On the phone with “Gromadska radio” MVD Director of Communications Department Artyom Shevchenko and a member of the competition committee, the founder of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov .

Irina Sampan: How will the competitive commission? It will be ensured transparency of the competition?

Evgeniy Zaharov: Now the candidates submit their application – CV and motivation letter. All received materials are translated into English and simultaneously transmitted to all members of the commission – Ukrainian and foreign. We will study and prepare materials for the meetings – the first will be held on January 18.

the primary analysis will be carried out, whether to send the summary of the qualifications for the post head Natspolitsii contained in the law – a full law degree, not less than 7 years of experience in the legal field and 5 years of managerial experience.

Prior to the first meeting of all candidates pass the test on the General Skills (general skills – Ed.) – the ability to think logically. The same test, which all police officers at recertification.

And the results of these three sources – resume, cover letter, and test – Commission will examine each candidate and ballot to decide whether he will be admitted to the interview. For each will vote personally. All this will be recorded on video, and who wants to be able to see. We just have not decided whether to make a shot in real time or recording and display afterwards.

Irina Sampan: Interviews with candidates will be carried out the commission?

Evgeniy Zaharov: Yes. All candidates will be asked the same questions, so that they are on an equal footing. It will surely be recorded on video and then you will see. After the interview, the commission will select the best three candidates and will give the Interior Ministry, whom she recommended to assign. The minister will have to choose from these three candidates.

Tatiana Troschinsky: The final word of the Minister of the Ministry of Interior ?

Evgeniy Zaharov: Yes, it is legally wrong. The minister is one candidate to the government, the government of his claims.

Irina Sampan: Can be applied to this competition a former policeman, who did not pass the re-certification?

Evgeniy Zaharov: No they do not interfere. But if they had a bad result on the test, why they do it. We introduced the test as a formal evaluation of the candidate’s ability to think. The Commission considered that it is a necessary condition. If a person can not think logically, he can not apply for this position.

Tatiana Troschinsky: In addition to these formal things that the law says that you define important? That may affect your choice to vote or not to vote for the candidate?

Evgeniy Zaharov: There are requirements to the candidate, expressed in the law – a good reputation, high moral qualities. Speaking for myself personally, their preferences – for me it will be very important if the candidate has not been seen in the human rights violations in the past. How he showed earlier in his work.

The interviews will be sufficiently deep and detailed, so that all of this will reveal. His qualities as a manager, communication with people and staff, ability to work in conditions of risk, uncertain environment with incomplete information, the propensity for innovation, creativity.

I also want to emphasize that the norm in the law of at least 7 years of work in the field of law is only at first assumed policing. And it was I who introduced the amendment to the bill that you need to expand the pool of candidates. What should be lawyers, not the police – it may be prosecutors, tax. As Artem Sitnik, who was a very decent and a good candidate for the post of head of the National Anti-Corruption Bureau. bidders circle should not be limited to the police around.

Irina Sampan: When the Commission will submit to the Minister Interior Ministry candidates recommended for the post of Natspolitsii?

Evgeniy Zaharov: The timing is now difficult to say, because it is not clear how many will be applications. If, for example, 200, the operation may take a week. Everyone needs to read, to think, to study, you have to vote for each candidate. Maybe I’m wrong, is a bit of candidates, and we are the first three days have time to do all this. But I think that it is doubtful, and we move on to the next week (after the first meeting on 18 January – Ed.).

Irina Sampan: How many applications have been filed?

Evgeniy Zaharov: Five days ago there were six. This is the ones translated into English and sent to all candidates. It’s Christmas, the intensity of a halt. I think that most of the applications will be after the New Year.

Sourse, 25/12/2016

Why was considered normal “squeeze” the property from the separatist?

November 29, 2016

Fighting in eastern Ukraine led to a significant deterioration of the situation with human rights, including, new extraordinary precedent that did not previously exist in Ukraine. This was stated by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union and the head of Evgeniy Zaharov the Kharkiv Human Rights Group, in an interview , “Gromadska” .

Zakharov said that the first cases of human rights violations related to the situation in the Donbas is to start from the militants, who were persecuted, detained, tortured and killed patriotic citizens. Subsequently, this led to the fact that the Ukrainian military began to use similar methods.

“In response to some of our volunteer teams to see this attitude, we began to operate symmetrically. Torture of prisoners took place, and some were tortured to death. Also killed prisoners. It came into use words such as “pressing”. Why was considered normal “squeeze” the property from separatist, if the separatists. Car, home pick up. This is not a crime if it is an enemy, “- said Zakharov.

The human rights activist noted that a significant part of society “meaningful or not it supports violence against the separatists.”

In addition to Ukrainian volunteer battalions, disturbances in the form of torture is also used employees of the Security Service, as evidenced by the reports Ukrainian Commissioner for Human Rights and the report of the Human Rights Defenders Amnesty international and Human rights watch.

According to Zakharov said that the Ombudsman’s report says that the greatest number of complaints (39%) related to the use of torture was applied in respect of the SBU.

“The Security Service torture detainees, it is not known where they are kept. In fact, according to the law of the SBU, and in the law on pre-trial detention was not a word about the fact that SBU can have investigative detention centers. If they are, then they are illegal, “- he stressed.

Zakharov also mentioned that persons detained in connection with allegations of investigative jurisdiction of the SBU, is charged with terrorism, separatism gosizmenui.

Sourse, 28/11/2016

The biggest violation of human rights among law enforcement agencies come from the SBU

July 21, 2016

What reforms have taken place in the judicial system of Ukraine during the reign of the new government and President Poroshenko and what prospects are opening up in the power department in the near future in an exclusive interview to the online edition of the Ukrainian News – From-UA has told the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, Director of the Kharkiv Human Rights group Evgeniy Zaharov.

Ukraine News – From-UA: Eugene E., good afternoon! What changes do you see in the law enforcement system since the arrival of the new government? The police, the prison service, the prosecutor’s office, the courts, the Ukrainian Security Service?

Evgeniy Zaharov: You see, in fact, comprehensive reform of the entire system of criminal justice, unfortunately, is not happening.

There are some changes in the police, which no longer exists, since the 7 th November 2015 it was replaced by the police.

A new patrol police in the 35 cities of Ukraine, except in rural areas set up, tested, tested and is now being implemented – a new model of public order, based on the rapid response groups. It was first in Sambor, then another nine district department, and then the model has been implemented in three areas since February 2016 years: in Kyiv, Kharkiv and Lviv, most recently in the Khmelnytsky and is now preparing to Volyn. That is, there is reform.

Nevertheless, we must clearly understand that this is only part of the police, which deals with the protection of public order and that has not affected the criminal unit, departmental system of medicine and education. And still a lot to do in order to continue to pursue this reform sequentially.

A major obstacle to this – is a lack of funding. The budget of the police and the Interior Ministry as a whole is very much curtailed, and a situation where a young patrol, who studied for three months, six months or a year of work, and get a much higher salary than the investigators or investigators with experience of 10-15 years – it’s not normal, so do not be must. But the funds to fix it, to raise the salary of those who have passed the certification, simply do not have today. And this is one of the main obstacles of the reform.

If we compare the way that we run the 100m, the 15 meters we already ran. But we need to run further and do not stop, because any stop will be fraught with the fact that all these improvements will be leveled. And the existing police system, which, alas, yet will not go away (because in many ways it continues to persist and everything appeared new can adapt to fit your habits and rules), will remain the same. This danger is, and it must be clearly understood. Because it can not police with a salary of 3-4 thousand hryvnia per month, especially in the big cities, to feed his family, and this will inevitably push him to some other acts of unlawful ways of earning.

If we talk about the prosecutor’s office, the courts, the prison system, the SBU, in my opinion, were only trying to initiate reforms in these bodies, but they failed. More specifically, I am referring to the prosecutor’s office and the courts, because what was done was done poorly. But it has its own reasons, and they can be viewed separately.

Beginning of the reform of the penitentiary system changes the structure of the State Penal Service and not for the actual penal institutions. That is life in the colonies so far has not changed the fact that these reforms have begun. And in fact, here you need to change a lot in practice and in law. But these changes are very difficult, they are harder to do than the police or the prosecutor’s office.

The order, which was formed there, break is not so easy, and if it is broken, then the situation in the colonies will be even worse, because they are financed disgusting. For them, the budget recorded two times less than you need, and they eventually receive half of that half. And actually financed at 25%, only to escape the fact that in each colony are looking for some way to make extra money. And where the administration of the colony successful, there is a better, where unsuccessful – there is worse.

A lot depends on whether the colony is “on the ground”, for example, as it can grow their own fruit and vegetables, in addition to budgetary allocations. And if they still grow and sell, so it’s even better.

And if it’s industrial zone, and there is something made, as is known, such a forced labor – not very productive, and businesses which employ convicted, it is difficult to compete. There’s basically an old worn-out equipment, old dirty technology … But this is a business that is closed from public scrutiny, and there occurs a serious enrichment of those who supervise them, despite the fact that the prisoners themselves receive a penny. And cut this Gordian knot is not possible, because simply these colonies is nothing to exist, even though a significant portion of the money takes the administration of enterprises, which are created when the colonies. Still, at least something, but remains a prisoner. If it will not, the situation will worsen significantly in the colonies. So just this problem can not be solved,

As for the prosecutor’s office – as long as I do not see major changes. It only point changes on staffing levels, or in some individual cases. But they are after the new Attorney-General, and should welcome the fact that he was engaged in such things – the most severe human rights violations in an attempt to eradicate them. Such as, for example, long-term maintenance portion accused detained in prison without penalty. You can also welcome his desire to make personnel changes. But in fact this is just all half-measures, and serious reform of the prosecutor’s office has, in fact, did not start. There is a problem with the presence of the frame, as is the case with the police and the prison system.

Ukraine News – From-UA: Over the past few years, we have changed three times Attorneys General. What is the reason, in your opinion?

Evgeniy Zaharov: This is due to the fact that they could not cope with the tasks that they are being given society and what is waiting for them. They have not been able, nor Oleh Makhnitskyi nor Yarema nor Shokin, to investigate crimes on the Maidan in full. And indeed they were unable to carry out any reform or change the entire system of prosecutors.

One of the reasons lies in the fact that all prosecutors are accountable to the President, and they worked in manual mode. I do not know if it’s true, but argue that the Attorney General Shokin literally daily reports to the President about the work that he did. That is, he received direct orders, what to do in any given situation, and be accountable for it.

It is this dependence Attorney General from the main official in the state – it’s completely normal. This is our problem: our political forces want to control the courts, prosecutors, law enforcement agencies and use them as an instrument for solving their political problems. It should not be. And it was when all power, a greater or lesser extent, and now it continues. And in this conflict and tied inside the prosecutor’s office, for example, Deputy Attorney General Kasko, Sakvarelidze and with so many such things.

That will be obtained from Lutsenko how he will behave in this situation, it is difficult to predict. But it is also clear that there have been delivered as a person close to the president, the former head of PPO fractions, and again you can expect from it will require certain actions in certain cases.

In general, public prosecutors should be independent, as well as the judges. And if that were the case, and they are not crushed, it would be much better. But prosecutors, like judges, there is a danger canned in its own system without any control and it was not changed, and their acceptance of the illegal and unjust decisions on someone’s orders then it will be difficult to correct. And there, and there is very difficult to pass between these two extremes.

Yuri V. started with some positive steps, private, essential, but how much he will be able to reform the system as a whole, we’ll see.

Everywhere very big problem with the staff. But by the way, if we talk about the staff, the best thing to do with this situation in the judicial system. There’s a lot more experienced and trained judges than the illiterate. But the trouble is that from the undue pressure that they get bored, they massively retire. And in a lot of police, who left because they did not want to undergo the procedure, which they were offered.

Although there is another point of view, they are weak people, once they had done so, and God is with them – and I fully understand it. Because it is a strong point of view: put on the form – to serve and to carry out all that is needed. And this is in fact the action of the Bible principle: “Do what you must, come what may.” And if you ran away, then you are a coward – that masculine approach. But such strong people very little, and those who is such, they are very uncomfortable, because they always do what they think is right, and not as orders superiors, and therefore always be under attack.

Ukraine News – From-UA: In one of the political talk show Verkhovna Rada Chairman Andrew Paruby called judicial reform – a major “victory” of the season in the parliament. Do you agree with this?

Evgeniy Zaharov: Unfortunately, he is mistaken. I appreciate the personal qualities of courage, integrity and honesty Parubiya, but I fear that he did not really understand the judicial system. And to say that judicial reform – a major victory in parliament, it is a mistake, in my opinion. Because in fact what happens is that the judicial system is now collapsing under the influence of such reforms.

Here is a very difficult task. On the one hand, the need to ensure the independence of the court, since it will not be open-minded and objective without it. If he is dependent, then it will be easy to pressure. But unfortunately, in this regard the so-called reform is quite Direction: they put the judges even more dependent than before. This is motivated by the fact that the judicial system – corruption, inadequate, does not meet the requirements of the time, and judges are flying all the accusations.

But I think that the judicial system is not more corrupt than any other in our country, and the fact that so judges are generally wrong. After all, judges are different: there is corruption, but there are those who will never take bribes, they just do not allow such cases, where they were waiting for the “right” decision.

So, unfortunately, judicial reform hinders the desire to take executive control of the judges. And whoever is in power, is manifested. With all the presidents since it was, and continues under President Poroshenko same. This is a big mistake, because it is impossible to treat with the judges, requiring them to take the “right” decision. This applies, above all, capital ships, the higher courts. The rest of the ships the same thing happens at the local level. And it turns out that judges are dependent, they are not free in their decisions. What judicial reform can be with such a situation? Yes, no, quite simply.

And then there was noticeably worsened access to justice by banning conventional lawyers, not lawyers, to take part in civil and administrative cases!

Ukraine News – From-UA: Yevgeny Yefimovich, what reforms are experiencing today, the Security Service of Ukraine?

Evgeniy Zaharov: With regard to the Security Service of Ukraine, the situation there is very bad, she did not reform. And today I can say that the greatest violations of human rights among law enforcement agencies come from the Security Service, which is very violates the right to liberty and security of person, the right to protection from torture and so many other rights. The balance between human rights and national security protection solutions quite clearly in favor of national security. And there are so many criminal enterprises, opened the SBU, which, to put it mildly, questionable.

What is happening there is, unfortunately, very often the real outrage. What could make more than once, considering the specific case of criminal prosecutions in the National Security Service. I do believe that this centaur – both intelligence and law enforcement authority – an anachronism, it is not normal, and this is not in any civilized country of the world.

We do not compare ourselves with Russia, we are talking about European countries. Intelligence agency must deal only with data extraction for senior government officials, her job – intelligence and counterintelligence. But the investigation of crimes – this is not her business. And if these functions have dramatically SBU take, it may be, would be transformed into a normal special service.

And today it’s just a body, which is taking advantage of its unique position, that is the main body for the protection of national security, which protects us against terrorism, which actually runs the ATO (and that’s how it is served) is really a body, for which there are very serious tyranny and human rights violations. security service need to take place to put it, and not the one that she now occupies.

Ukraine News – From-UA: What are the prospects in the law enforcement system you see in the near future?

Evgeniy Zaharov: I believe that the reforms could be done, it is a very real thing. But this requires a number of conditions.

The first – the mandatory funding. Here’s what the police reform can be done without additional funding, almost everything has already been done. But in order to move forward, we need the money, which is not. It is necessary to firmly grasp the rule: reforms cost money, and if you do not give money, the reforms will not. And those systems that need to be reformed, without the money will remain in its old state, and then rot.

And the second – political will is needed to implement these reforms. You need to have people who have a clear understanding and have a clear vision of what and how they want to do. To these were new teams that would have sufficient authority and political will to transform the system.

Police experience shows that this is possible in principle. But on the way people who do such things, a lot of difficulties, obstacles, problems. And of course, the reform of the law enforcement system of Ukraine – it is cleaning the Augean stables. And, nevertheless, the reforms could be done despite the fact that it was supported by the state and society, despite the fact that there is sufficient funding – it would all really.

But the obstacles are many: and the wrong political guidance on many issues, and the lack of funds, and perhaps most importantly – the lack of personnel.

Interviewed by Julia Protsyshena

Sourse, 20/07/2016

Instead, the right of profit operates in Ukraine

April 29, 2016

Rights principle does not work in Ukraine. State directs political benefit. A force opponents pressed.

This was stated by Evgeniy Zaharov, member of the Board of the Ukrainian Helsinki Human Rights Union, at a press conference the initiative group of “breast-Perche”.

“One of the main problems in the state and society – it is demagoguery and populism confidence that complex problems can be solved by simple methods In particular, the use of force Many individuals in their actions are guided solely by motives of political expediency and a desire to press their opponents tire out….. . them as far as possible they are not guided by the principles of law I want to emphasize that it is impossible to do so This is the road to a dead end is the way to defeat, “-… Zakharov said.

Recall, the participants of the initiative group “of breast-Perche” unveiled appeal “keep the state from self-destruction”, which called on the Ukrainian people to unite in the struggle for the state and the country’s leadership – to develop a new political system.

Sourse, 28.04.2016

The confrontation of political forces is a serious threat to human rights in Ukraine

January 5, 2016

2016, as the previous two years, will determine the continuing conflict in the east of Ukraine.This was reported by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, the situation with the provision of socio-economic rights of Ukrainians certainly improve if there will be positive developments in the economic sphere.

“A serious threat to Ukraine for Human Rights is a confrontation between the political forces, which leads to a loss of cohesion and possible political crises, worsening the situation as a whole. Unity us today is necessary, and I hope that the public will be able to overcome the calls for radical action, which we constantly hear today, “- said the expert.

As for the reform of the judicial system and law enforcement bodies, the human rights activist does not express much optimism: “There is, unfortunately, not been necessary conditions for this.”

At the same time, Evgeniy Zaharov expressed “very cautious optimism” about the fight against corruption in Ukraine.

“Those institutions that have started to work, in particular, the National Anti-Corruption Bureau and the Anti-Corruption Prosecutor’s Office, no longer able together to investigate corruption crimes. I hope that they will be successful in these matters, and it will not interfere with the obstacles generated by the unification of government and business. If these things can be diluted, then change for the better is possible, “- adds a human rights activist.

In general, according to Evgeniya Zaharova, 2016, as well as 2014-2015., Will determine the continuing conflict in the east of Ukraine.

“In those or other he will continue, God forbid, that these forms were more or less peaceful. From this it follows that Ukraine will be forced to live in such conditions, “- said the expert.

Evgeniy Zaharov also does not exclude the fact that “Naftogaz Ukraine” in 2016 received the first profit.

“We can expect that public procurement following the entry into force of the law, will not be as corrupt as before. And we can expect that will go on police reform, which in 2015 developed well and has the potential to become more successful “, – predicts a human rights activist.

Thus, it said Zakharov, if Ukraine will be able to avoid a large-scale military conflict, those areas in which the foundation was laid for the development, will be able to show positive results.

“I hope that the scale of the conflict will not be that he will be in the same form as now. Although this is, unfortunately, unlikely to save us from new victims “, – he summed up the expert.

Sourse, 04/01/2016

Sentsov and Kol’chenko may return to Ukraine

August 26, 2015

Sentenced to long terms of Ukrainian filmmaker Oleg Sentsov and activist Alexander Kol’chenko could theoretically be exchanged for captured officers of the Russian GRU. This was reported by a member of the Board of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov.

According to human rights, lawyers and Sentsova Kol’chenko can seek the transfer of convicts to serve life in Ukraine.

“There is the Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of 22 January 1993. It provides for the transfer of prisoners to serve their sentences in the country of which they are. This good will of the two countries and this could be done on the basis of existing international treaties. But I have serious doubts that this is what happens. Because the Russian leadership this goodwill is simply no “, – Zakharov said.

The expert does not consider Sentsova and Kol’chenko first political prisoners of Ukrainian citizens on the territory of the Russian Federation. According to him, this is not the first case of conviction of political prisoners in Russia, because the country are persecuted and convicted a number of Russian activists and ordinary citizens of Ukraine, who were persecuted for their political beliefs and statements.

Processes themselves human rights activist believes that it is political.

“The process Sentsov-Kol’chenko, as well as in respect of Hope Savchenko, Russia wants to demonstrate that it is, as before, does not consider Ukraine’s independence, has no respect for its sovereignty and believes that it can bring them to trial Ukrainian citizens on trumped-up charges and accuse them in such crimes. This is all in line with the policy that recently the Kremlin is on Ukraine “, – Evgeniy Zaharov believes.

According to human rights activist Oleg Sentsov Alexander Kol’chenko Nadezhda Savchenko and may be released only in the event of a change of political regime in Russia, when they reviewed the criminal cases pending against them. At the same time, he did not rule out the possibility of a prisoner exchange.

“Between Russia and Ukraine, there may be political agreement on the exchange of prisoners, similar to how the Soviet Union exchanged spies in the Soviet political prisoners. Thus, in particular, have been released and went to the West , Vladimir Bukovsky , Mykola Rudenko and other dissidents and human rights activists.

“It’s hard to say, to whom can exchange convicted Sentsova Kol’chenko and, as a matter of trading. The fact that the process of international exchange of prisoners and the people completely secretive and the public does not take part in it. In Ukraine, it is engaged in the Security Service, or rather it is more of a performer, and the main issues are addressed at the highest level of political leadership. But such exchanges happen all the time. Theoretically, Sentsova, Kol’chenko or Hope Savchenko can exchange for the detainees in the ATO zone GRU officers of the Russian Federation. However, I’m not sure this is 100%, “- concluded Evgeniy Zaharov.

Recall, August 25, the North Caucasus District Military Court in Rostov-on-Don convicted in relation to Ukrainian director Oleg Sentsova on charges of planning terrorist attacks in the Crimea. The second defendant – activist Alexander Kol’chenko – found guilty of involvement in the terrorist community, complicity in a terrorist act.

The Ukrainian Foreign Ministry has called illegal and inhumane sentence Russian court in the case of citizens of Ukraine Oleg Sentsova Kol’chenko and Alexander, who were sentenced to 20 and 10 years imprisonment respectively.

Sourse, 25/08/2015

Результаты поиска:

Mixed hatchet and a scalpel

May 23, 2017

So in a nutshell, nA my opinion, can be characterized by a decree of President of Ukraine “On the decision of the National Security and Defense Council of Ukraine of 28 April 2017” On the application of personal special economic and other restrictive measures (sanctions), “which introduced a one-year (or three years, five years, indefinitely -. to each his own), various restrictions on the 468 legal entities and 1228 individuals About this in his blog on the NRwrote the well-known human rights activist, member of the Board of the Ukrainian Helsinki human Rights Union, the head of Kharkiv Human Rights Group Evgeniy Zaharov.

The following is the opinion of human rights activist:

Let’s try to argue from a position of affirmation and protection of human rights, which, according to Article 3 of the Constitution of Ukraine, is … the primary responsibility of our state.

According to the second part of Article 22 of the Constitution: “With the adoption of new laws or amending existing laws are not allowed narrowing of the content and scope of existing rights and freedoms.” At the same time it is obvious that imposed by the Decree (ie, the act is not even legislative and executive authorities) sanctions restrict the key rights and freedoms guaranteed by the Constitution: the right of ownership (Article 41) and / or freedom of information (Article 34) and / or creative freedom (article 54), and in respect only of individuals – even and / or the right to respect for private and family life (article 32) and / or freedom of movement (article 33).

In order to determine whether the restriction on the right (freedom) justified and valid, it is necessary to turn to his assessment on the basis of principles of the European Convention on Human Rights in 1950 Namely, the restriction of rights must be based on law, pursue a clearly defined goal of Limitations of fundamental law of Ukraine a list of objectives and be proportionate (adequate) in relation to the alleged threat was detected.

In any case, the effects of restrictions on rights and freedoms must bring less damage to society and the individual than the full implementation of the subjective right in its former, that is full. In our case, as far as can be judged, run by a presidential decree limiting the rights and freedoms formally based on the Law of Ukraine “On sanctions” on August 14, 2014, are intended to protect national security (or other objectives listed in Article 1 of the Law “On sanctions” ).

As for the answer to the question whether the rights and freedoms within an acceptable scale violated, the answer can only distance a thorough analysis of the proportionality introduced restrictions stated objectives. Such an analysis, which is very important, must be carried out with respect to each of the listed individuals and entities. In this case, a number of rights may be restricted only after a court decision to impose such restrictions. In any case, the principle of the rule of law requires the State and its agents provide a convincing argument in favor of the need to limit the rights.

Strictly speaking, to restrict the constitutional rights can only be in that case, if no such restriction is really impossible to do. Such a requirement is contained in the well-known presumption: based on the law and the court sanctioned restriction of the right should be recognized as “necessary in a democratic society”.

Whether in this case complied with the required procedure? I suppose not, but was glad to be wrong.

List of individuals to sanctions, including not only the citizens of Russia, but also in other foreign countries. It also got some Ukrainian citizens. We are talking about people living in the occupied territories as the Crimea, Donetsk and Lugansk regions and the territories controlled by the Ukrainian government. And I do not understand how in regard to the latter can act without prior court decision is most often found in the list of restriction of their property rights.

We are talking about blocking assets as a temporary restriction of a person the right to use and dispose of property belonging to him. Such a restriction may be regarded as an infringement of the fundamental right to private property is permissible only in the case of introduction of a state of emergency.

For example, a citizen Zagnibeda KG (№210 in the list), registered and residing in Slavyansk, should, it seems, for a year to get away from his home? And where? The all-knowing Google said that Mr. Zagnibeda born in 1963 – is an entrepreneur, the owner of the LLC “ZAGNIBEDA LTD” with the main activity:. “The production of plates, sheets, tubes and profiles made of plastics.”

In 2015, he ran for city council Slavic, being number 12 in the list of “Ukrainian parties honor the fight against corruption and organized crime.” More than anything substantive, I have not found, so to see at least a hint of why in this case to impose sanctions, failed. It is clear only that, apparently, during the occupation, Mr. Slavyansk Zagnibeda aggressor is not promoted, otherwise would have been prosecuted.

The list of legal entities – offshore companies, banks, airlines, industry, particularly engineering, enterprise, television and radio, social networking, and other services (cloud storage, navigation, music, etc.), software developers (hereinafter – Software) … Many of them have Ukrainian registration, they are in Ukraine and employ ordinary citizens of Ukraine.

Puzzling hit by sanctions of the Russian company “1C” and its Ukrainian representative office of LLC “1C Multimedia Ukraine”. Accounting computer system 1C uses 80% of Ukrainian enterprises of small and medium-sized businesses, the majority of public organizations.

It appears that in this case it is necessary to have very good reasons for decisions on sanctions, the data base must be sure to explain to the population. In general, a review of Ukrainian software development companies have come under the sanctions shows that they all have one similar trait – are subsidiaries or representative of the Russian companies. Is this the only and therefore sufficient from the point of view of the authorities, the legal basis?

Let’s consider the well-known company OOO “Parus-Ukraine”, working on the Ukrainian market since Soviet times. Referring to its website: parus.ua. The main activity of the group of companies “Sail” – the development, promotion and implementation of software for enterprise management. Today, the company – one of the largest software companies in Ukraine, developing business management. In addition to the development of the Center, for the period of its operation, the central office has developed a strong regional network of over 28 regional offices (see. №№ 443-468 in the legal list. Of persons) and more than two dozen dealers. The number of employees is more than 550 professionals, of which more than 250 are working in Kiev.

“Sail” Number of product installations exceeds 200,000, the software operates in more than 20,000 organizations. Users of software products “Sail” is the enterprise telecommunications, large industrial companies, oil and gas companies and thermal power complex, trading companies, insurance, credit and financial companies, design and construction organizations, enterprises transport and logistics, printing companies, publishing and media, restaurant complexes, cafes, bars, pubs, pizzerias, hotels, boarding houses, recreation, night sports and fitness clubs, entertainment centers, water parks, sire structure governmental administration, ministries, departments, committees, universities, medical and health institutions.

At the same site, “Sail” claims that his clients include 80% of the main managers of budgetary funds, including, in particular, the Ministry of Defense, Ministry of Internal Affairs, State Border Service, the regional management of the State Migration Service and emergency services, “Ukrtelecom” “Ukrnafta” SDO “Yuzhnoye”, National school of judges, and many other government agencies.

So it does not surprise me an urgent message on the official website, which appeared May 16 immediately after the release of the Decree, which reads as follows: “Sail” – a group of Ukrainian companies! Information about this can be found on the website under parus.ua “Copyright and Permissions”. Hit in the sanctions list in respect of the group of companies “Sail” is not valid, we will be challenged and is perceived by us as pressure.

And I was not surprised by the appearance of proposals to use all soon any new software products of Ukrainian origin, instead of products 1C, “Sail” and other subsidiaries of Russian software developers. I would like to still hear the explanation why many software developers to apply such a truly draconian restrictive measures.

But imposing sanctions on companies such as “Doctor Web”, “Kaspersky Lab” and their Ukrainian representative offices as no surprise. I had a lot to hear from system administrators familiar that these anti-virus programs as mail.ru complex can not be used, because they are engaged in espionage, embedded in the operating system of aggressive, damage the installation browser, install bugs and illegally collect information without permission and warn users.

In particular, personal information, financial records, data on the location, movement, and the like. The illegal collection of personal data and use them to the detriment of Ukraine also blame social networks “in contact” (VC) and “Classmates” (OK). In particular, the military claimed that the publication of photos of its soldiers in social networks sometimes leads to their death.

If the appeal to the social networks of people involved in the public sector, has brought serious harm to the national security and other public interests listed in Article 1 of the Law “On sanctions”, the restriction of access of civil servants and all other people working in state institutions, seem justified. But whether the state can restrict access to social networks of millions of people, to do with the public institutions do not have? I think it is – a massive violation of the right to privacy and freedom of expression.

The impression is that the imposition of sanctions is motivated primarily by some purely private, commercial and economic interests, and seeks to harm the financial interests of specific companies. In this vein, the sanctions would contribute to both the development of Ukrainian business. For example, as you know, “Yandex” and other Russian companies have brought down Ukrainian advertising market on the Internet and drove with him Ukrainian competitors. Sanctions will remove from the market “Yandex” and others. But it does benefit from that Ukrainian consumers? All this looks very doubtful and uncertain …

And I was wondering if anyone thought about the people who use “Yandex-purse”? For example, they can take in case of need their money? Or initial calculation was that the ban on access to web resources and easy to get around because all who need to quickly learn how to do it? This is indicated by many defenders of Presidential Decree – he, they say, is not directed against users, but against the companies, and that in our democratic state, no one will interfere with the VC and UC fans enjoy this personification of “Russian world”.

But older people remember well how quickly passed us by “enemies uneshnih” to “enemies unutrennim”. Here and now there are voices, including some active deputies, that you need to watch out for those who violate the decree and to hold them accountable. Our state has long dreamed of control over the internet, there have been several attempts to establish it. As long as they did not work. But to deal with the introduction of Internet control under the pretext of protecting information security during the war with the Russian aggressor will be more difficult. In any case, I really do not want to Ukraine in the national security services is easily confused with a rusty ax a surgical scalpel.

Sourse, 22/05/2017

Why “Savchenko law” did not need

May 22, 2017

“Savchenko Law” in Ukraine was canceled because it was no longer necessary. Prisoners who could list the period they were released or left to sit much less.

This edition Gazeta.ua said May 21 Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group.

“Law Savchenko” long wanted to cancel. And it happened. He played a role. It was difficult to differentiate for whom he acted. Therefore, it is easier to cancel than to change it for something. Everyone who could be counted period, then they have listed. Someone ended term of imprisonment or decreased significantly. For its abolition outweighed the negative attitude in the society to the fact that the release of prisoners, and the appearance of rejection Hope Savchenko. “

The law does not provide clear guidance on how to act with people who put life:.. “Do not take into account only the situation with the prisoners, which condemned the life one listed, while others refused because they thought that they are the law does not apply was discussion on about it. In the framework of “law Savchenko” would replace a life sentence for a specific sentence. But with the abolition of the law of the matter was dropped. “

In general, “the law Savchenko” had more positive than negative: “The law reduces the time of those who were in remand prisons with appalling conditions also for those who are convicted of the Code, which was in force until November 2012. Then it was possible to send the case to the.. . for further investigation and the suspect remained in jail for 7-10 years in pretrial detention were men 3-4 times more than the intended place of some forced to sleep in the same bed or in turn, poorly fed These conditions -.. Therefore, for the torture. “Savchenko law” be considered the year in Jail in prison was just over 2 years.

Now there are prisoners who have been tried under the old Code, the nearly empty prison. The conditions in the prison became a little better, though, if only because there is no overcrowding. The new code can be kept in the remand prison of the people can be punished at least 5 years imprisonment.

Negativity of the law there were some prisoners who were sitting at a fairly violent crimes and came much earlier on will than need. Some of them commit crimes again, but it’s not the fault of the law. “

Recall May 18 the Verkhovna Rada has supported the abolition of the so-called “Savchenko law.” He acted with the December 24, 2015. Terrible condition of detention centers and the conditions in which people with respect to which there is a consequence and court, have become the main motive for the adoption of this law. During the operation of the law 10.2 thousand. Inmates released early. Of these, 1.5 thousand. Went back under arrest and trial. We predicted that under this law, to freedom had to get another 34 thousand. Prisoners.

Sourse, 21/05/2017

I do not see any improvement in the human rights situation in Ukraine

May 15, 2017

– Last year in Ukraine, there were signs of improvement in the economy. Increased currency reserves, improve social standards. But I do not see any improvement in the human rights situation, – said the head of the Kharkiv Human Rights Group, a board member of the Ukrainian Helsinki Human Rights Union Evgeniy Zaharov .

– For example, police reform stalled. And for good reason. Only in October last year raised the salaries bulk of police – investigators, operatives, the local inspector. And before they received much less patrol. Disappeared motivation to work. Shortage in the areas reached 30 percent. It does not have someone to work with.

– What should I do first?

– Who have the opportunity to continue to change. First of all, in the criminal section. Most necessary for today – the reform of the Criminal Investigation and the investigation.

– What are the effects of human rights guard the most?

– The lack of mercy on the part of the state to its citizens. Everything comes from poor governance.

Recently I spoke to the chief doctor of the psychiatric hospital of Kharkiv. He said that from the budget to the patient per day on food are seven hryvnia for treatment – six. On drugs means no. The institution of the situation so decide. Privileged categories, war veterans or consumptive assigned 56 hryvnia powered. Their pros and divide at all. Also, spending on food by all means from the paid services that an institution provides to citizens. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

Clearly, the war takes more resources. But you can not treat people like this.

– whether the police are changing?

– It is not that they do not do anything. But they are ineffective. Prosecutors complain that police salary is more than theirs. But the re-certification of police virtually failed. Because it was carried out on the basis of ill-prepared legal act. As a result, one could appeal against the dismissal in court.

– Torture, hanging Affairs on the innocent, knocking indications left?

– It was less. The new Criminal Procedure Code contains many fuses from bad behavior, torture and the like. For example, to detain a person, you need the sanction of the investigating judge. Also, there is a norm of getting free legal aid to those who can not afford a lawyer.

If the victims of violence were about a million in the police in 2011, the year before – 409 million. The number of those who have experienced torture, reduced from 113 thousand to 62 thousand. But it’s still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– Applications become greater. Because the added complaints related to the military conflict in Donbas. For example, former prisoners of war and civilians complain of unlawful deprivation of liberty, torture. Only our organization in the past year, has written more than 200 such applications. More than 300 – colleagues from the Ukrainian Helsinki Union.

Many cases involve loss of property as a result of hostilities. This is an obvious violation of property rights. The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. People can not get a refund from him, turning to the European Court. You can file lawsuits against Russia as an aggressor against Ukraine – for inaction. When there is evidence that it is your property, an application to the European Court prospectively. Some applicants were denied because they only sent photos of destroyed houses. And the documents that would confirm the right of ownership, could not provide because they have destroyed, along with housing.

Sourse, 14/05/2017

On the situation with human rights in Ukraine in 2016

March 8, 2017

Board member of the Ukrainian Helsinki Human Rights Union, the head of the Kharkiv Human Rights Group Evgeniy Zaharov believes that the situation with human rights in Ukraine has not improved in 2016.

This he said in an interview Gazeta.ua .

– Last year, the country was undergoing improvements, – says human rights activist. – the beginning of macroeconomic stabilization, increased currency reserves, rising social standards. That is, there are signs of an improving economy. But no progress on improving the human rights situation, I do not see. For example, police reform stalled. And with good reason. Just last year, in October raised the salaries of investigators, detectives, district inspectors. And before they received significantly less than patrol. And this situation was abnormal. Because motivation is gone to work. Shortage in branches reached 30 percent. There was no one to work.

– What is the first thing to do?

– Who have the opportunity to continue the necessary changes. First of all, in the criminal section. After all, the reform of the Criminal Investigation and the investigation to date is the most necessary. Last year in this sense has been lost – due to lack of funds. Because starting any changes when there is insufficient funding law enforcement, against the loss of motivation of employees, is futile.

– What are the effects of human rights guard the most?

– Everything goes from inefficient style of governance. Offer to introduce the patrols, which will check whether all the work in the state. The urge to check the place of residence of immigrants, or to find out who receives a pension in Ukraine and ORDLO. This attitude of the state to the people wrong.

Recently I spoke to the chief doctor of a mental hospital in Kharkov. He said that the budget mentally ill on the day of release at 7 hryvnia food, medical treatment – 6 hryvnia. Therefore, the necessary funds are no drugs. As he comes out of the situation? Privileged categories, for example, consumptive or war veterans, 56 hryvnia relies on food. He divides all the advantages and all. In addition, it leads all money for food from paid services provided by the institution for citizens. Has established strict control over the catering department. He says: “I want to be a doctor, not a director of the concentration camp.” Appeals to all authorities – dull.

It is clear that we have a war going on, it takes more resources. But you can not treat people like this. I think the main problem of human rights in Ukraine, the lack of humanity and compassion on the part of the state to its citizens.

– whether the police are changing, prosecutors, other law enforcement agencies?

– To say that they really do not do anything, you can not. But they perform their functions effectively, taking into account the realities. Prosecutors now want to get a big salary. They complain that the police are getting more than they do. But the re-certification of police virtually failed. Because it was carried out on the basis of a legal act that is poorly prepared. As a result, anyone who did not pass re-certification could appeal against his dismissal in court. Thus almost all the security officers returned to their posts. It is simply a profanation, not reform. Re-certification does not become a means of purification of the police.

– That is, such things as torture, hanging Affairs on innocent knock readings were?

– It was less. In particular, because the new Code of Criminal Procedure contains a lot of fuses with respect to mistreatment, torture, and the like. For example, to detain a person, authorized by a judge need an investigator. In addition, there is a norm of getting free legal aid those who can not afford to hire a lawyer. It is also a preventive tool. Finally, the court will not accept evidence obtained during the investigation. If it was about a million, then in 2015 in 2011 the victims of violence by the police – 409 thousand. Number of victims of torture has decreased from 113 000 to 62. But this is still a lot.

– Ukrainians are turning to the European Court of Human Rights?

– statement was more because added complaints related to the military conflict in Donbas. It is, for example, prisoners of war – both military and civilian. They complain about the unlawful imprisonment, detention, torture, and the like. Only our organization in the past year, has written more than 200 such applications. More 300 – from our colleagues from the Ukrainian Helsinki Union. In addition, many of the rights violations associated with the loss of property as a result of hostilities. This is an obvious violation of property rights. Because people can not obtain compensation from the state, then turn to the European Court. The practice of national courts in this contradictory. Some courts satisfy the claim, when shelling destroyed houses and other refuse. When there is evidence that it is your property, the application to the European Court prospectively.

The problem is that there is no compensation calculation mechanism, and the state does not solve the issue. You can file claims against the Russian, as it is the aggressor and against Ukraine – for inaction.

The Court considered the first such case. Some applicants were denied because they did not provide evidence that the property belongs to them. Sent photos of destroyed houses and the thought that this is enough. A document failed to provide, as they destroyed along with houses.

– What are the consequences of the application of the law Savchenko?

– I do not think that the worsening crime situation is directly related to him. This is confirmed by criminological research.

Sourse, 7/05/2017

Information about the doctrine of Petra Poroshenko

February 28, 2017

Evgeniy Zaharov, a board member of the Ukrainian Helsinki Human Rights Union (UHHRU), director of the Kharkiv Human Rights Group, said the anti-democratic decision of the Decree of the President of Ukraine Petro Poroshenko, regulatory monitoring of the media and the public resources of the Internet to identify information that is banned in Ukraine.

This was a human rights activist told the Ukrainian News agency.

“It is anti-democratic decision. I have over 20 years of struggle with such tendencies and still I managed such a thing to stop. Now it will be very difficult, because behind this, in my opinion, totally mistaken idea that it is necessary to fight the enemy. For fight the enemy must be quite different, “- he said.

Such a decision will only search for the enemy within the country and fight against it.

According to him, media monitoring and public Internet resources affect the freedom of the media.

“Will, of course, in a different way does not happen It (impact) will be expanded.” – he said.

Zakharov added that such a practice exists in Russia, China, Belarus, and not in the free countries.

“It’s just nonsense,” – he added.

The human rights activist believes that such an order is a mistake of Poroshenko and those who support it, because they do not understand the nature of information relations.

Recall President Petro Poroshenko instructed the Ministry of information policy to seek information in the media prohibited.

Earlier Poroshenko instructed the Cabinet to develop a bill that will be possible to lock the sites by the court .

Sourse, 27/02/2017

In February it will be known the new head of the Ukrainian National Police

December 26, 2016

Ukrainian Interior Minister Arsen Avakov announced a competition for the position of head National Police that occupy Khatia Dekanoidze until November. Who joined the Board on the selection of candidates? How will decisions be made?

The competition jury composed of experts from Canada, the US, Denmark and Ukraine.

On the phone with “Gromadska radio” MVD Director of Communications Department Artyom Shevchenko and a member of the competition committee, the founder of the Ukrainian Helsinki Human Rights Union, director of the Kharkiv Human Rights Group Evgeniy Zaharov .

Irina Sampan: How will the competitive commission? It will be ensured transparency of the competition?

Evgeniy Zaharov: Now the candidates submit their application – CV and motivation letter. All received materials are translated into English and simultaneously transmitted to all members of the commission – Ukrainian and foreign. We will study and prepare materials for the meetings – the first will be held on January 18.

the primary analysis will be carried out, whether to send the summary of the qualifications for the post head Natspolitsii contained in the law – a full law degree, not less than 7 years of experience in the legal field and 5 years of managerial experience.

Prior to the first meeting of all candidates pass the test on the General Skills (general skills – Ed.) – the ability to think logically. The same test, which all police officers at recertification.

And the results of these three sources – resume, cover letter, and test – Commission will examine each candidate and ballot to decide whether he will be admitted to the interview. For each will vote personally. All this will be recorded on video, and who wants to be able to see. We just have not decided whether to make a shot in real time or recording and display afterwards.

Irina Sampan: Interviews with candidates will be carried out the commission?

Evgeniy Zaharov: Yes. All candidates will be asked the same questions, so that they are on an equal footing. It will surely be recorded on video and then you will see. After the interview, the commission will select the best three candidates and will give the Interior Ministry, whom she recommended to assign. The minister will have to choose from these three candidates.

Tatiana Troschinsky: The final word of the Minister of the Ministry of Interior ?

Evgeniy Zaharov: Yes, it is legally wrong. The minister is one candidate to the government, the government of his claims.

Irina Sampan: Can be applied to this competition a former policeman, who did not pass the re-certification?

Evgeniy Zaharov: No they do not interfere. But if they had a bad result on the test, why they do it. We introduced the test as a formal evaluation of the candidate’s ability to think. The Commission considered that it is a necessary condition. If a person can not think logically, he can not apply for this position.

Tatiana Troschinsky: In addition to these formal things that the law says that you define important? That may affect your choice to vote or not to vote for the candidate?

Evgeniy Zaharov: There are requirements to the candidate, expressed in the law – a good reputation, high moral qualities. Speaking for myself personally, their preferences – for me it will be very important if the candidate has not been seen in the human rights violations in the past. How he showed earlier in his work.

The interviews will be sufficiently deep and detailed, so that all of this will reveal. His qualities as a manager, communication with people and staff, ability to work in conditions of risk, uncertain environment with incomplete information, the propensity for innovation, creativity.

I also want to emphasize that the norm in the law of at least 7 years of work in the field of law is only at first assumed policing. And it was I who introduced the amendment to the bill that you need to expand the pool of candidates. What should be lawyers, not the police – it may be prosecutors, tax. As Artem Sitnik, who was a very decent and a good candidate for the post of head of the National Anti-Corruption Bureau. bidders circle should not be limited to the police around.

Irina Sampan: When the Commission will submit to the Minister Interior Ministry candidates recommended for the post of Natspolitsii?

Evgeniy Zaharov: The timing is now difficult to say, because it is not clear how many will be applications. If, for example, 200, the operation may take a week. Everyone needs to read, to think, to study, you have to vote for each candidate. Maybe I’m wrong, is a bit of candidates, and we are the first three days have time to do all this. But I think that it is doubtful, and we move on to the next week (after the first meeting on 18 January – Ed.).

Irina Sampan: How many applications have been filed?

Evgeniy Zaharov: Five days ago there were six. This is the ones translated into English and sent to all candidates. It’s Christmas, the intensity of a halt. I think that most of the applications will be after the New Year.

Sourse, 25/12/2016

Why was considered normal “squeeze” the property from the separatist?

November 29, 2016

Fighting in eastern Ukraine led to a significant deterioration of the situation with human rights, including, new extraordinary precedent that did not previously exist in Ukraine. This was stated by the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union and the head of Evgeniy Zaharov the Kharkiv Human Rights Group, in an interview , “Gromadska” .

Zakharov said that the first cases of human rights violations related to the situation in the Donbas is to start from the militants, who were persecuted, detained, tortured and killed patriotic citizens. Subsequently, this led to the fact that the Ukrainian military began to use similar methods.

“In response to some of our volunteer teams to see this attitude, we began to operate symmetrically. Torture of prisoners took place, and some were tortured to death. Also killed prisoners. It came into use words such as “pressing”. Why was considered normal “squeeze” the property from separatist, if the separatists. Car, home pick up. This is not a crime if it is an enemy, “- said Zakharov.

The human rights activist noted that a significant part of society “meaningful or not it supports violence against the separatists.”

In addition to Ukrainian volunteer battalions, disturbances in the form of torture is also used employees of the Security Service, as evidenced by the reports Ukrainian Commissioner for Human Rights and the report of the Human Rights Defenders Amnesty international and Human rights watch.

According to Zakharov said that the Ombudsman’s report says that the greatest number of complaints (39%) related to the use of torture was applied in respect of the SBU.

“The Security Service torture detainees, it is not known where they are kept. In fact, according to the law of the SBU, and in the law on pre-trial detention was not a word about the fact that SBU can have investigative detention centers. If they are, then they are illegal, “- he stressed.

Zakharov also mentioned that persons detained in connection with allegations of investigative jurisdiction of the SBU, is charged with terrorism, separatism gosizmenui.

Sourse, 28/11/2016

The biggest violation of human rights among law enforcement agencies come from the SBU

July 21, 2016

What reforms have taken place in the judicial system of Ukraine during the reign of the new government and President Poroshenko and what prospects are opening up in the power department in the near future in an exclusive interview to the online edition of the Ukrainian News – From-UA has told the human rights activist, member of the Board of the Ukrainian Helsinki Human Rights Union, Director of the Kharkiv Human Rights group Evgeniy Zaharov.

Ukraine News – From-UA: Eugene E., good afternoon! What changes do you see in the law enforcement system since the arrival of the new government? The police, the prison service, the prosecutor’s office, the courts, the Ukrainian Security Service?

Evgeniy Zaharov: You see, in fact, comprehensive reform of the entire system of criminal justice, unfortunately, is not happening.

There are some changes in the police, which no longer exists, since the 7 th November 2015 it was replaced by the police.

A new patrol police in the 35 cities of Ukraine, except in rural areas set up, tested, tested and is now being implemented – a new model of public order, based on the rapid response groups. It was first in Sambor, then another nine district department, and then the model has been implemented in three areas since February 2016 years: in Kyiv, Kharkiv and Lviv, most recently in the Khmelnytsky and is now preparing to Volyn. That is, there is reform.

Nevertheless, we must clearly understand that this is only part of the police, which deals with the protection of public order and that has not affected the criminal unit, departmental system of medicine and education. And still a lot to do in order to continue to pursue this reform sequentially.

A major obstacle to this – is a lack of funding. The budget of the police and the Interior Ministry as a whole is very much curtailed, and a situation where a young patrol, who studied for three months, six months or a year of work, and get a much higher salary than the investigators or investigators with experience of 10-15 years – it’s not normal, so do not be must. But the funds to fix it, to raise the salary of those who have passed the certification, simply do no