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May 21, 2015

ACTION STATEMENT: 20th May 2015 CP of Ukraine in connection with the entry into force of the "de-communization" laws (Excerpts)






source: Official Website of The Communist Party of Ukraine
Note: All errors or confusions are solely the responsibility of A. Taylor
who edited the translation in syntax and form only to make it understood 
by the English speaking Communists & their allies.

Report of the First Secretary of the Communist P.N.Simonenko at an extraordinary plenum of the Central Committee of Communist Party of Ukraine May 20, 2015



Dear comrades!

Today's Plenum of the Central Committee is extraordinary. It is caused by the occurrence of extraordinary circumstances. Tomorrow laws come into force adopted by by the Parliament of Ukraine on April 9 this year  termed "decommunisation laws" which create a real threat to the very existence of our party.

High-ranking government officials, including the president and "chief lawyer" - the Minister of Justice, openly say these laws are being adopted primarily in order to create a legal basis for the termination of the Communist Party of Ukraine, that is, for its prohibition, because the measures taken by the authorities attempting to ban it through court order, as required by the Ukrainian Constitution has failed.

More than that. The aim - to do away with the legacy of the Soviet past in the ideological and political spheres, to ban communist ideology, the law - in violation of the Constitution - to consolidate the dominant position in our society of the Nationalist ideology, to erase from the memory of the people the truth about this difficult - the heroic and tragic - past, essentially erase from our history of 70 years of Soviet power.

In fact, it is the completion of the anti-socialist revolution, which began in August 1991. "Decommunization" was profitable for Big Business, because in the looting of Soviet state property  the Oligarchy was created,  is now profitable to declare the Soviet system "criminal". Thus, the oligarchs are trying to pass off responsibility for their crimes against the people of Ukraine.

As many comrades were not familiar with the new laws, let us briefly review the contents of the adopted laws and the circumstances under which they were made..

These are the four laws:

1."On the condemnation of Communist and National Socialist (Nazi) totalitarian regimes and prohibiting propaganda of their symbols" (with changes to the 15 current laws);

2."On the legal status and the celebration of the fighters for the independence of Ukraine in the XX century" (a glorification of Bandera);

3."On perpetuation of the victory over Nazism in the Second World War of 1939-1945" (denial of the concept of the "Great Patriotic War");

4."On access to the archives of the communist repressive punitive regime of 1917-1991", opening the way for the legal abuse of archival documents in order to discredit the Soviet past.

In this regard, it is important to consider that many of the documents were destroyed right after the anti-socialist coup in 1991 , because these showed the cooperation with the security agencies of many of the current "active fighters against communism" especially relating to the years 1970-1980,  The Act also provides access to archival documents confirming the right of ownership of citizens (especially Poles) on property that belonged to them until 1939. And Ukraine signed an association agreement with the European Union that provides for the return of their property to the former owners . As reported in the press, thousands of Polish citizens are now preparing the relevant lawsuits. It is easy to imagine what it might transpire. Our citizens will lose their right to ownership of property and land shares. But they still do not know it.

Laws are passed in an atmosphere of unbridled anti-communist hysteria, terror, enforcing psychosis both in parliament and outside it. You have all seen it.  We discussed in detail at the previous plenum the terror and humiliation suffered by our comrades.

Draft laws were developed at the Ukrainian Institute of National Memory, led by an active follower of the ideas of the UPA Mr. V.Vyatrovichem , an individual personally involved in the glorification of Ukrainian collaborators a group who during the Soviet people's struggle against fascism were part of the Sonderkommando ("special teams"), the SS, and the Wehrmacht units and which were guilty of brutal crimes against humanity.

In consideration of the Parliament  the Cabinet made special 'projects'. At some point a bill to ban communist symbols was agreed to on behalf of the deputies representing all factions of the ruling coalition...in this case: the disintegrating coalition attempted to unite around an obviously unjust thing for which sooner or later they will have to answer.

Among the "initiators" of the bill are such odious radicals as Yu.Shuhevich (son of the fascist collaborator Shukhevych), O. Lyashko, A.Lozovoy, I.Moseychuk, O.Berezyuk, V.Lutsenko and others. The country must know its "heroes".
...

The first law ~ on the pretext of the "condemnation of the totalitarian communist regime"~ is intended, as already mentioned, to create conditions for the banning of the Communist Party. But in order to fool the public the new law also claims to  condemn the Nazi regime, but only in relation to Nazi Germany - not the regime that was established by the Nazis in the occupied territory of Ukraine. As far as the accomplices to the Nazi occupiers - words. Moreover. another law concerning  the activities of the accomplices of Stephan Bandera declares these  collaborators are the heroes for "the struggle for the independence of Ukraine".

The Communist and National Socialist regime, that is, Communism and Nazism are on a par.
...
But when speaking of the communist regime, the authors of the bill, in the Explanatory Notes it is recognized that this pertains not only to the prohibition of the Communist Party, its symbolism, but also to the communist ideology.

The merits of this were clearly expressed by President Poroshenko. Speaking on May 8 in Parliament, with great satisfaction, he said: "Within the walls of this Parliament quite rightly adopted a law, which has legally equated Nazi and communist crimes as hateful ideology ...", adding: "This is a very timely and very correct." What this represents is a gross violation of the Basic Law, they've declared they do not care about  the Constitutional guarantee of the rights and freedoms of citizens.

The Minister of Justice has been even more outspoken . Terming the signing of the law by the President Poroshenko an "historic event," he said, "... as soon as next week - on the 24th year of the independence of our country - the communist ideology will be outlawed in Ukraine. I congratulate all of us on this event ... The Ministry of Justice was from the beginning at the forefront of this process."

The question of banning our party is a testament to the rough, cynical violation of the country's current Constitution, and the international conventions on the protection of political rights and freedoms.

I recall that a year ago, shortly after the coup, the then chairman of the Parliament Mr.Turchynov, Acting President of Ukraine, in public, at a session of parliament and through the Media demanded that the Ministry of Justice without delay..was to decide on the banning of the Communist Party of Ukraine.

Minister of order (or requirements) are not fulfilled, although tried hard.

However...  the organs of internal affairs investigation and trial failed to collect evidence to confirm that the Communist Party, its leadership had violated the Constitution. With regard to the constituent documents of the party - its program and Constitution, they were registered and re-registered by the Ministry of Justice because they did not contain and do not contain any provisions that would violate the Constitution.

Brutal pressure was exerted on the Court. It got to the point of the illegal search in the office of a Judge, seizure of office equipment, documentation. To the credit of the judges of the Kyiv Court of Appeal, they not only resisted the brute force, but stated six judges refused - because of the circumstances  in protest against the lawlessness - to examine the case to ban the Communist Party.

And then the Minister impudently typed the claim that "the lawsuit to ban the Communist Party reached an impasse because of the corruption of the judicial system and the unwillingness of judges to take responsibility for important decisions for the country!" How can a government official to declare such a level?
..

What kind of justice and the rule of law is at work in a country where a Minister meant to set an example of respect for the law behaves in such a way? and the head of state is the guarantor of the Constitution, but gives his support to unfair and unjust deeds ?!

The list of grounds for prohibition of a political party is given in Article 37 of the Constitution. It states that the parties are illegal when and if  in their Program and orientation they act for "the elimination of Ukraine's independence, change of the constitutional order by force, violation of sovereignty and territorial integrity of the State, undermining its security, the unlawful seizure of state power, propaganda for war, violence, incitement to ethnic, racial or religious hatred, encroachment on human rights and freedoms and public health ", as well as the presence of the party" paramilitaries. "

This list is exhaustive. It may be amended or supplemented only by making changes to the Basic Law of the State, but in any case not by the adoption of an ordinary law.

This was directly indicated by the main scientific and expert management of the Parliament of Ukraine, in its opinion on the bill. But this observation (and others)regarding the adoption of the law was ignored.

Not finding any legal  constitutional and factual basis for the prohibition of the Communist Party, the government has resorted to fraudulent  - in violation of the Constitution to the current law "On Political Parties in Ukraine" (Article 5) in the list of grounds for prohibition of a political party to make the additional item no. 9 - "Communist propaganda and / or the National Socialist (Nazi) totalitarian regimes and their symbols" with the addition (for "emphasis"), stating that "the symbolism of a political party can not use communist symbols,or [those of] the National Socialist (Nazi) totalitarian regimes." Failure to do so is now the basis for the prohibition of political parties and repression of dissidents.

Attempts by the national oligarchic regime to ban the Communist Party testify to the ideological bankruptcy of the anti-communists, their inability to hold discussions with political opponents. This policy of curtailing the social gains of the working people. The welfare state is transformed into a militarist, fascist state.

Thus the Parliament with the filing of the government and the approval of the guarantor of the Constitution, the rights and freedoms of citizens are flagrantly violated in a number of constitutional provisions, namely:

- The fact that Ukraine is a democratic, law-based state (Art. 1 of the Basic Law);

- That social life in Ukraine is based on the principles of political, economic and ideological diversity (pluralism), and the State guarantees freedom of political activity not prohibited by the Constitution and laws of Ukraine (Article 15);

- That the constitutional rights and freedoms can not be canceled, and the adoption of new laws or the amending of existing laws shall not diminish the content and scope of existing rights and freedoms (Article 22);

- Non-discrimination (no privileges or restrictions) for political and other beliefs (Article 24);

- Of guaranteeing everyone the right to freedom of thought and speech, free expression of opinions and convictions (Article 34);

- The right of everyone to freedom of opinion and viewpoint.(Article 35);

- The right of citizens to freedom of association in political parties and public organizations to exercise and protect their rights and freedoms and the satisfaction of political, economic, social, cultural and other interests (Article 36) and several others.

The people's deputies of Ukraine deliberately ignored the findings of the Scientific-Expert Department that "the issue regarding the prohibition (and not the" Discontinued Operations ", as stated in the bill), of a political party or public organization belongs to the exclusive competency of the court and can not be regulated by the Parliament of Ukraine by making a law."

Although such restrictions may be amended only by constitutional changes the law expands the list of requirements for candidates running for ongoing national and local elections, exhaustively defined in the Constitution of Ukraine (menacing under the threat of deregistration - any that implement the promotion of Communist and Nazi regimes, their symbols).

Parliament, as we see is manifesting a demonstratively cynical, criminal neglect of the Constitution, ignoring many of its provisions. Is this not evidence of a dangerous degradation of the parliamentary system in Ukraine?

The Parliament of Ukraine has also not taken into account the principal observations of the Venice Commission (the European Commission "For Democracy through Law"), in particular, made in relation to the same content of the law, adopted in 2012 by the Parliament of the Republic of Moldova. Finally, the Commission expressly states that the ban on communist symbols is in contradiction with Article 10, "Freedom of expression" and Article 11 "Freedom of assembly and association" European Convention on Human Rights and, therefore, a law banning communist symbols "should be recognized unconstitutional and struck down. " This was done by the Constitutional Court and the Parliament of the Republic of Moldova.

Surprisingly - is it not? The Ukrainian government, which proclaimed its most important foreign policy the priority of the policy of integration into European structures, is ignoring the principled reputable position of the European structure for such an important issue. And it does it on the eve of Europe Day, pompously celebrated on May 16. And the vaunted official Europe is silent! There is the class nature of such approaches

Dear members of the Central Committee!

Attention is drawn to the exceptionally cruel penalties provided by law for the promotion and use of Communist symbols: the restriction or deprivation of liberty for a term up to five years with confiscation of property or without it, and even up to ten years - in the case of a person to commit such acts, is a representative of the authorities ( without decoding), or repeatedly or by an organized group, or through the media.

Scientific and expert management of the Parliament rightly pointed out that this violated one of the basic principles of criminal law - the principle of proportionality of punishment of the crime. Moreover, under current law, the confiscation of property as punishment, can not be applied when it comes to such "crimes" as the promotion of party symbols.

Repressive and discriminatory measures are aimed at a very wide range of people.

Among them are people who hold leadership positions in the Communist Party, since the post of secretary of the district committee and the higher managerial positions in the supreme bodies of power and administration of the USSR, the Soviet Ukraine, other Union or autonomous Soviet republics, government bodies of regions, cities of republican subordination of employees of Soviet security organs at all levels.

Thus, we are talking about millions of people who have committed no crimes against their own state, that is, extra-judicial killings of disagreeable people by the regime .

...

Dear comrades!

In general, the situation is clear. It is obvious that the entry into force of laws that violate the Constitution, are part of the nazification state policy aimed at strengthening the position of the oligarchic bourgeoisie and moreover to raise a wave of anti-communist hysteria, Russophobia, moral and even physical terror.

The Communist Party is banned. It has become a fact. The lack of legal opportunities for its activities forces us, the supporters of the communist idea, to look for other forms and methods of work among the masses.

Under these circumstances, it is important first of all to save strength, organizational structure, personnel, documentation, property, work out a system of communication and mutual information.

It is important to take care of the preservation of our mass media, bearing in mind that this law is given three months. The change in the names of some press organs have to go.

It is clear that the party organization will be removed from the register. We cannot act as members of our party. In these circumstances, it is necessary to actively interact with other leftist forces during the protests. Our fellow countrymen need to know. But this is possible only when they are active.

This is important in connection with the upcoming elections, with a view to the selection of possible candidates. For us it is a very difficult question in circumstances where the prohibition of activities of the Communist Party also prevents her participation in the elections.

There is no doubt that the mood of protest in society will increase. And the Communists have to work, as V.I. Lenin, where there is the opportunity.

The main directions in the work [of the Communist Party]:

- The requirement to immediately stop the fratricidal war in the east of the country;

- An explanation of the dangers of the fascist threat;

- Organizing and active participation in protest actions against the regime's anti-national social policy.

In undertaking this work must be prepared to use the materials for our updated anti-crisis program (it has been published in the newspaper "Communist").

In connection with the next renewal of the constitutional process, the Central Committee of the Communist Party of Ukraine has prepared proposals for updating the country's Basic Law.

The proposals are aimed primarily in order to strengthen the foundations of the constitutional system, to reveal the essence of the constitutional provisions on Ukraine as a democratic, social state, to clarify specific legal formula of property in Ukraine, to reveal the foundations of economic and social organization of the Ukrainian society, environmental safety.

Narrow position on foreign policy. In particular, it is proposed in accordance with the 1990 Declaration on the State Sovereignty of Ukraine noted in the laws of the country, Ukraine is a permanently neutral state, not part of the military blocs and adheres to the known three non-nuclear principles: not to accept, not to acquire or place nuclear weapons on its territory.

In accordance with the same principled position the Party proposed in it's Constitution that the state language in Ukraine is the Ukrainian and Russian languages.

Particular importance is attached to strengthening the constitutional guarantees of rights and freedoms. Instead streamline formulations (such as "all have the right...") we propose to clearly specify  in the Basic Law that the Ukrainian government is obliged to actually guarantee specific social, political, human rights and freedoms, to reliably protect them from arbitrariness and lawlessness.

Much attention is paid to the proposals concerning the organization of the government, which today, especially in connection with the tragic events of the past more than one and a half years, have acquired a special significance...taking into account the interests and the just demands of the citizens,depends  to a great extent on the cessation of the fratricidal conflict in the east of the country, peace in the Donbass and in the whole country.

According to the Central Committee of the Communist Party, the reform in this area should include:

the maximum decentralization of power possible under the current circumstances , the autonomization of regions, the democratization of power and the guarantee of the lasting unity of the country.

Proposals include the regions convey through their representative and executive bodies under their responsibility all matters of local life with the historical, economic, social, humanitarian, including linguistic, confessional and other features give the local authorities necessary for this legal and organizational possibilities as well as financial resources, sufficient to fulfill their mandates.

In other words, beyond the conduct of national affairs of Ukraine authorities, the  regions should have full authority.

In their jurisdiction the regions do all local taxes, as well as the part of the national tax which is determined depending on the needs of the regions in the costs necessary to carry out their functions.

It is proposed to eliminate the local state administrations and their functions transferred to local councils, elected by the people, and their executive bodies. The leadership of councils and their executive committees shall be chairpersons who may be elected by the population of the region.

At the regional level, the central government (the president or the government) may have a representative who is not interfering in the operational activities of the local authorities, monitors compliance with their laws and the implementation of national programs, coordinates the activities of government agencies and enterprises directly subordinate to the centre.

The Regions must have constituent documents (Charters), corresponding to the fundamental principles of Ukraine as a democratic, social state, defining the powers, procedure for the formation of representative bodies and regionally performing  the adoption of regulatory legal acts. The statutes do not contradict the Constitution and laws of Ukraine.

Given the characteristics of certain regions (in particular, the state capital), as well as the situation in some regions of the country, they may be granted a special legal status, indicating its features and, if necessary, the period for which such status is granted.

Changing the region, local communities, their union can only be based on the views of the population of the regions, communities.

Within the territory of the country it can not be permitted to set internal customs borders, duties, fees and any obstacle to the free movement of people, goods, services and financial resources.

Solving these problems are subject to other offers.

Presenting their views on the update of the Constitution of Ukraine (they are directed to the Parliament), the Central Committee of the Communist Party of Ukraine proceeds from the fact that all proposals should be presented for public discussion, and the final word with respect to the amended Constitution, which will take the Parliament of Ukraine, to say to the people All-Ukrainian referendum.

Organizing work among the masses, it is important to emphasize that we Communists condemn all forms of genocide, including social genocide of the Ukrainian people after the anti-socialist revolution of 1991 and after the coup of last year.

It is no exaggeration to say that due to the chronic malnutrition, inhuman working conditions, high cost of medicines, lack of basic health care today memorials to the victims of social genocide could be erected in almost every cemetery in Ukraine.

The reduction in its population of nearly 10 million people, the collapse of the economy and the state itself - that can be even harder for the prosecution in the present anti-people power?

It is not superfluous to remind that all these years after the revolution in 1991 the Communist Party of Ukraine, which wants to ban the ruling regime, has never been in power.

The way in which the country celebrated Victory Day, showed that, despite the frantic moral and psychological treatment, the desire of the authorities to shift attention to the events held on May 8th, the mass of our people remained faithful to the day of May 9, to the banner of Victory , its symbols. For our people, this day has been and always will be the Day of Victory in the Great Patriotic War. There is no doubt that in the next year we will have the "Immortal regiment" celebrations. Despite the Banderitesi, traitors of all stripes we will not give up Victory Day.  This is our sacred duty to the memory of our fathers and grandfathers who defended the freedom, honor and independence of our Motherland.

We have to consider that the draconian laws, despite their anti-constitutional character, shall take effect and will act.

The organizational forms of work in these circumstances will be tested, depending on the development of the situation and recommendations that will feature in today's plenum, in the party collectives.

We must do everything possible to uphold the good name of our Party - the only organized force capable of giving the protest movement focused, task - to free the working people from opression, to preserve the unity of Ukraine on the basis of the interests and characteristics of all its regions.

As for the draconian laws that violate the Constitution of Ukraine, in the democratic world recognized human rights and freedoms, we will use all legal options, including appeal to the international community, international organizations, including the European Court of Human Rights in order to achieve their cancellation.

Unfortunately, we are faced with great difficulties, to organize an appeal to the Constitutional Court on the constitutionality of laws on "de-communization." Not all members of the so-called "opposition bloc" and other factions outside the ruling coalition, are aware of the fact that the prohibition of the Communist Party is not limited to the Communists.

Hitler, too, began with the communists. Set in a country regime does not tolerate any opposition we will seek the support and protection of the Parliament Commissioner for Human Rights, which under the Constitution is entitled to appeal to the Constitutional Court. After all, the de-communisation laws flagrantly violate the constitutional rights of a huge number of our people.

From press reports, especially the newspaper "Communist", "Working paper," I think you are aware of our active contacts with representatives of the communist parties of other countries, progressive international organizations (the World Peace Council, the World Federation of Trade Unions. the International Organization of Democratic Lawyers, and others), the parliamentary institutions on the European level.

We appreciate the support of our foreign comrades just struggle. I recall that in the world there are more than 90 political parties, which have the name "Communist."

Allow me, comrades, on behalf of all party members to express my gratitude to the Communist and workers' parties, and known democratic institutions for their solidarity with our struggle and to assure our class brothers and sisters, that in this difficult, tragic hour we stand, achieve the abolition of anti-constitutional laws and going forward to incur honor to the glorious banner of the struggle for the socialist future of our country!

Yes: We support all progressive democratic forces of the country.

Difficult times have befallen us. Not all were able to bravely endure the blows of fate, the hard tests. Some fled, rats sensing mortal danger for the party. In an effort to garner favorable treatment from the new owners - the oligarchs and their henchmen, they stuck a knife in the back of the party that gave them a ticket to political life.

The party has withstood the blow, and learned how to revive itself after the unconstitutional ban in 1991.We will will sustain our party - I am sure - and this is a much more dangerous trial. Under these conditions our solidarity, loyalty to the Bolshevik camaraderie, team spirit and optimismism is particularly important, . Comrades have to support, to encourage, to inspire confidence in the justice of our cause, to our victory.

In solid unity, we will win!

The Communist Party of Ukraine will be revived!

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