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23.05.2011

THE OPEN LETTER TO THE PRESIDENT OF UKRAINE


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PatriarchMoses@soborna.org

UKRAINIAN AUTOCEPHALOUS ORTHODOX CHURCH
CANONICAL

P A T R I A R C H A T E

Box: 46, ì Kyiv -112, 04112, Ukraine
tel.+38 044-58-777-90
www.soborna.org
PatriarchMoses@soborna.org

 

President of Ukraine
Yanukovych V.F.
Moses, the Primate of the UAOC-C
  Judge of the International Court of Mediation
    for religious affairs
  Head of Commission for peace and intermediation under
    the auspices of the International Court of Mediation
Koulik O.I.

 

Dear Mr. President!

The Stalin's times of dictatorship and total extermination are back in Ukraine during Your presidency. Their manifestations now are persecutions of the dissidents, extermination of the clergy and demolition of churches.

So the massive repressions and repressions by starvation started in XX century. I judge about this alarming tends in the Ukrainian society not by words of others, as I personally suffer discrimination and repressions as a cleric and a citizen.

Now the District Court of Darnytsky district in Kyiv (Judge I.K. Tsymbal) and Kyiv Court of Appeals (Judge O.V. Shakhova) on the grounds of framed-up documents have prepared for May 26, 2011 the decision on the demolition of temple edifice and home accommodation for the clergy and homeless which are erected on my Patriarchal Metochion.

According to the ecclesiastical canons, every hierarch of the world should have such necessary edifices to have the place where to pray and home accommodation for the clergy and homeless. But in Ukraine I suffer discrimination and persecutions and my constitutional rights and rights guaranteed by the European Convention on Human Rights are neglected in brutal manner. That is because of your indifference and inaction as of the President of Ukraine which let the corrupted judges to make self-will and lawlessness and leave unpunished, moreover to return the state into the times of Stalin's dictatorship and total extermination. Or your subordinates do not bring to your attention the facts of this discriminatory and anti-legal situation?

Then in which country do we live today and what expectations should we have for tomorrow?

Nowadays to imprison innocent person who stands in someone's way it is enough only to file a report to corrupted police and some policemen will organize the persecution and charge for that person and submit that case to court.

Now in the situation of such corrupted courts in Ukraine, 46 millions of Ukrainian citizens are future candidates for putting behind bars without any guilt.

And everything starts from the demolition of the churches.

Dear Mr. President!

I appeal to You as to the Guarantor of the Fundamental law of Ukraine, already for the sixth time pleading for help but I do not receive any help in defense of my constitutional rights from You. However I receive only formal answers of your subordinates who indicate that the President as if did not have the right to demand from the court to follow the letter of the law for their decisions be fair.

On the last six sitting, May 19, 2011, the board of judges of the Kyiv Court of Appeals headed by Judge O.V. Shakhova already for the sixth time has violated the law of procedure and has not accepted and has not attach in the case records the most important documents - the expert conclusions made by the experts in the field of construction having the degrees of Doctors of Technical Sciences and Candidate for Doctors of Technical Sciences from SOE "State Research Institute for Structures" and from "Independent Institute for Forensic Inquiries". Subsequent to the results of the investigation of the edifices, the experts confirmed their complete fitness to safe operation and give the upper estimate to them (the first category). However Judge Shakhova O.V. did not attached these important documents to the case records.

Where is the legality and impartiality of the court? Nowhere.

How can be demolished in the legal state edifices which correspond to all construction standards and codes valid within the territory of Ukraine?

How can be demolished the private edifices which hinder no one? The existence of which is not in trouble with any law of the state?

Such can occur only in anti-legal and antidemocratic state.

The future of such state is complete decay. But I want to believe that You are interested in the development of the democratic and legal state. Thus I appeal to You as to the Guarantor of the Fundamental Law of Ukraine and ask to assign the presidential commission in the case ¹ 22-20759 (chief Judge Shakhova O.V.) in the Kyiv Court of Appeals not to permit on May 26, 2011 the illegal and anti-constitutional decision and to renew justice and my constitutional rights.

 

With hope,
Moses (Koulik O.I.),
Patriarch of Kyiv and All Rus-Ukraine of the UAOC-Canonical

 

Annexes:

Copy of Certificate of Judge of the International Court of Mediation for religious affairs
Copy of conclusion of SOE "State Research Institute for Structures".
Copy of conclusion of "Independent Institute for Forensic Inquiries".



Copies of open letter are sent to:

Head of Kyiv Court of Appeals.
Judge Shakhova O.V., Kyiv Court of Appeals.
Judge Voloshyna V.M., Kyiv Court of Appeals.
Judge Holovachov Ya.V., Kyiv Court of Appeals.
Cour Internationale de mediation.
The Amnesty International.
Representation of Ukraine to the Council of Europe.
United nations High Commissioner for Human Rights.
Extraordinary and Plenipotentiary Ambassador of the USA to Ukraine.








 
 
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