Guarantor

Letter on Facebook to the President of Ukraine

Oleksiy Fesenko

May 09, 2018

Dear Mr. President of Ukraine,

please, take into your consideration, Law #6052 has been submitted by the Parliament of Ukraine, with a deadline for your approval/disapproval due on May 8, 2018.

Are you experimenting (Censor.net.ua, 2018) with the Democracy, are you blending practice into research by dividing the military people into the two categories of the citizens who can and cannot leave the army?

According to the well established democratic principles expressed in The Belmont Report (July 12, 1974): the leader should not have crossed the boundary of Ethics and the Home Legislation:

- Respect for Person (I mean that the military with the terms due to demobilization according to The Belmont Report are the "persons with diminished autonomy are entitled to protection" from you Mr. President.);

- Beneficence (The contracts of several categories of the military have ended, where is your risk-benefit analysis? On what principles did you calculate the present payment to these military persons?). Have you offered them to sign the new contracts?;

- Justice (Who should receive the benefits and burdens of this research, why are you not treating equals equally?)

For this reason, I would refer to Waldo Emerson “For what avail the plow or sail, or land or life, if freedom fail?”.

Please, take into your consideration - what is not ethical cannot be legal; moreover, the fuzziness cannot be permissible, in a country with so many weaknesses and threats. Also, finally, in this day I will bring your kind attention to the Nuremberg Code adopted by the United Nations General Assembly in 1948: it states that the voluntary consent of the human subject in the human experiments is absolutely essential.

Oleksiy Fesenko

Reference

Censor.net.ua (2018) Details About a Detention of the Corrupt Military Doctors. Forum, post by SergTranscarpathina.

" SergTranscarpathian
[Any random Military Doctor is involved into corruption.]
це дуже дискусійне питання. Є момент провокації, є ризик для життя того хто в такий спосіб знімає, є звичайна помилка у відносинах, що відбуваються. Набагато логічніше запровадження перевірки на поліграфі, як мінімум суддів, якщо учасники процесу сумніваються в об'єктивності. 
у 100% громадян цієї держави "рило в пушку", просто у деяких воно раніше в ньому було, у деяких зараз, а в деяких ще буде."

Retrieved from https://censor.net.ua/ua/news/3101003/podrobytsi_zatrymannya_likarivhabarnykiv_ne_otrymavshy_15_tys_vid_veterana_ato_zvernulysya_do_yiogo/sortby/tree/order/desc/page/2#comments



Post-Factum as of March 2019

Oleksiy Fesenko

March 17, 2019

If the Constitution of Ukraine contradicts to the International Laws (in the part of "presumption of innocence") - it must have been amended; but surprisingly - the President of Ukraine had geared the International laws towards blasting out from nowhere on the eve of the elections of the New President of Ukraine in March & April of 2019. Why the President of Ukraine is looking forward to this opportunity window: because he is not believing in a victory in the Elections of the President of Ukraine on March 31, 2019 and April 21, but in the power of money, illegal money, corrupt money!

Joint Statement of the G7 and the World Bank on Constitutional Court Decision on Illicit Enrichment (facebook.com/WorldBankUkraine, March 4, 2019).

The recent elimination of the illicit enrichment offense from the criminal code is a serious setback in the fight against corruption in Ukraine. This has weakened the impact of the whole anti-corruption architecture, including the soon to be established High-Anti-Corruption Court, which was expected to rule on a significant number of illicit enrichment cases, and the ability of the National Anti-corruption Bureau of Ukraine to investigate high-level corruption. The ongoing investigations and prosecutions for illicit enrichment held the promise of bringing accountability for those that had used their official position for personal gain.

Illicit enrichment is not a new offense. In 2010 there were more than 40 countries that criminalized illicit enrichment and since then many more jurisdictions have included the offense in their criminal law. Courts around the world have recognized that criminalization of illicit enrichment is a powerful tool in the fight against corruption, while at the same time respecting fundamental human rights and constitutional principles such as the presumption of innocence, protection against self-incrimination and legal certainty.

The G7 and the World Bank call on Ukrainian authorities to step up efforts for safeguarding the effectiveness of anti-corruption legal tools and institutions, including by reinstating criminal liability for illicit enrichment in line with UN, OECD and ECHR principles and finding a way to continue the dozens of investigations and prosecutions threatened by this ruling.

The G7 and the World Bank

References

Facebook.com. (04.03.2019).Joint Statement of the G7 and the World Bank on Constitutional Court Decision on Illicit Enrichment. Retrieved from https://www.facebook.com/WorldBankUkraine/