My friends! While our wise hetmans have not yet managed to introduce total censorship, I hasten to share with you my thoughts on the subject of already tangible martial law. As they say, hurry up, to do it in time.
So, they are trying to convince us that the constitutional rights of citizens will not be restricted in the event that the Government approves the decision on imposition of martial law. They convince sluggishly, without any inspiration and absolutely in vain. Because it is a blatant lie.
Pursuant to the nineteenth article of the Law of Ukraine “On Legal Regime of Martial Law,” holding of any elections and referendums, as well as strikes, mass meetings and all sorts of actions, shall be prohibited if martial law has been introduced.
Basically, nothing more shall be limited. It turns out that everything that causes buckle at the knees of the representatives, is forbidden. Such order of things, most importantly, does not formally contradict the Constitution of Ukraine. I would like to recall Article 64 envisaging that certain restrictions of the rights and freedoms under conditions of martial law or a state of emergency can be established with specification of the period of its validity.
However, the rights and freedoms provided for in Articles 24, 25, 27, 28, 29, 40, 47, 51, 52, 55, 56, 57, 58, 59, 60, 61, 62 and 63 of our Constitution shall not be limited. It is about the right to life, prohibition of discrimination on any grounds, as well as other fundamental rights that cannot be limited in principle.
As regards the elections, referendums and other “democratic processes”, the general provisions shall be envisaged by Articles 69-74 of the Constitution, and the right to peaceful assembly shall be provided for by Article 39. That is, the Constitution does not prohibit restrictions of these rights during martial law. And the law directly prescribes the above.
The situation with prohibition of censorship and freedom of speech, is somewhat more complicated. These are envisaged by Articles 15 and 34 of the Constitution of Ukraine. Freedom of speech shall not be limited by the law, and censorship shall not be introduced. However, all these “charming” things may be done subject to introduction of martial law or during the play.
But why would martial law be introduced now, under such a strange pretext? The armed conflict in Donbas has been dragging for the fifth year and, as I recall, it did not stop for a day. And Law No. 2268-VIII, by which the Russian Federation is recognized as an aggressor country, entered into force on February 24 of this year. And all these actions have not led to a substantive discussion of the issue of introduction of martial law for some reason. Not to mention the very introduction.
What is the reason? Oh yes! Loans from the IMF can get off the hook. But there is a strong desire to get those loans, or have you already lost the interest? It is doubtful. Just the wind of change is blowing ever stronger.
Elections are just around the corner, and the ratings of many respected political forces are the lowest of the low and are likely not to be boosted. The authorities, in the point of view of numerous political scientists, should be replaced. That is, they will not obtain the loans in either case. Probably, it is annoying.
So, I would like to remind everyone “disheartened” provisions of Article 22 of the Law of Ukraine “On Legal Regime of Martial Law.” It is possible to take notes, but it will be more accurate to memorize. I quote: “Any attempts to take advantage of introduction of martial law to seize power shall entail liability pursuant to the law.”
In a couple of hours, they say, some voting is scheduled in the Council. I strongly recommend to all the elected representatives of the people, as well as other persons involved in the introduction of martial law in Ukraine, to carefully read and firmly remember the provisions of Article 22. So that later, when one gets a lot of time to study legislation, it would not be excruciatingly painful and one needs not be bitterly ashamed.