Anti-protest laws in Ukraine
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The Ukrainian anti-protest laws were a group of ten laws restricting
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
and
freedom of assembly Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ide ...
passed by the
Verkhovna Rada The Verkhovna Rada of Ukraine ( uk, Верхо́вна Ра́да Украї́ни, translit=, Verkhovna Rada Ukrainy, translation=Supreme Council of Ukraine, Ukrainian abbreviation ''ВРУ''), often simply Verkhovna Rada or just Rada, is the ...
(Parliament of Ukraine) on January 16, 2014, (referred to as Black Thursday) and signed into law by
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
Viktor Yanukovych Viktor Fedorovych Yanukovych ( uk, Віктор Федорович Янукович, ; ; born 9 July 1950) is a former politician who served as the fourth president of Ukraine from 2010 until he was removed from office in the Revolution of D ...
the following day, amid massive anti-government protests known as “Euromaidan” that started in November. The laws were collectively known as the "laws on dictatorship" ( uk, закони про диктатуру, russian: Зако́ны о диктату́ре), by
Euromaidan Euromaidan (; uk, Євромайдан, translit=Yevromaidan, lit=Euro Square, ), or the Maidan Uprising, was a wave of demonstrations and civil unrest in Ukraine, which began on 21 November 2013 with large protests in Maidan Nezalezhno ...
activists,
non-governmental organization A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in ...
s, scholars, and the Ukrainian media. In the aftermath of their passing, Western nations criticised the laws for their undemocratic nature and their ability to significantly curb the rights to protest, free speech and the activity of non-governmental organisations. They were described in the media and by experts as "
draconian Draconian is an adjective meaning "of great severity", that derives from Draco, an Athenian law scribe under whom small offenses had heavy punishments ( Draconian laws). Draconian may also refer to: * Draconian (band), a death/doom metal band fro ...
", with
Timothy Snyder Timothy David Snyder (born August 18, 1969) is an American historian specializing in the modern history of Central and Eastern Europe. He is the Richard C. Levin Professor of History at Yale University and a permanent fellow at the Institute ...
claiming that they effectively established the nation as a
dictatorship A dictatorship is a form of government which is characterized by a leader, or a group of leaders, which holds governmental powers with few to no limitations on them. The leader of a dictatorship is called a dictator. Politics in a dictatorship a ...
. The laws were widely denounced internationally, with US Secretary of State
John Kerry John Forbes Kerry (born December 11, 1943) is an American attorney, politician and diplomat who currently serves as the first United States special presidential envoy for climate. A member of the Forbes family and the Democratic Party, he ...
describing them as "anti-democratic". The laws were developed by MPs Vadym Kolesnychenko and Volodymyr Oliynyk from the ruling
Party of Regions The Party of Regions ( uk, Партія регіонів, Partiia rehioniv, ; russian: Партия регионов, Partiya regionov) was a pro-Russian political party in Ukraine formed in late 1997 that then grew to be the biggest party of U ...
, and supported by a voting bloc consisting of the Party of Regions, the
Communist Party A communist party is a political party that seeks to realize the socio-economic goals of communism. The term ''communist party'' was popularized by the title of '' The Manifesto of the Communist Party'' (1848) by Karl Marx and Friedrich Engel ...
and some independent MPs. They were adopted with a number of procedural violations. In accordance with enforcing the new laws,
Interior Minister An interior minister (sometimes called a minister of internal affairs or minister of home affairs) is a cabinet official position that is responsible for internal affairs, such as public security, civil registration and identification, emergency ...
Vitaliy Zakharchenko Vitaliy Yuriyovych Zakharchenko ( uk, Віталій Юрійович Захарченко, Russian: Виталий Юрьевич Захарченко, born 20 January 1963) is a Ukrainian and Russian politician who is a senior consultant at R ...
pledged that "each offence will be met by our side harshly." After the laws were passed, widespread violence erupted between protesters and security forces, escalating the Euromaidan movement and resulting in the Hrushevskoho riots and then the
Revolution of Dignity The Revolution of Dignity ( uk, Революція гідності, translit=Revoliutsiia hidnosti) also known as the Maidan Revolution or the Ukrainian Revolution,
. As a result of the escalation the laws were causing, nine anti-protest laws were cancelled by the Verkhovna Rada on 28 January 2014.Law on scrapping January 16 legislation published in Ukraine
Interfax-Ukraine The Interfax-Ukraine ( uk, Інтерфакс-Україна) is a Kyiv-based Ukrainian independent news agency founded in 1992. The company does not belong to the Russian news corporation Interfax Information Services. The company publishes i ...
(3 February 2014)


Procedure

When adopting the laws the Verkhovna Rada violated a number of its own procedural rules. The laws were voted mostly by showing of hands. This is allowed by the Rules of Procedure uk but only when there is no "technical possibility" to vote through the electronic system. Moreover, hands were "counted" within a few seconds, based on the number of MPs included in the parliamentary groups, while many MPs were in fact absent. Diplomats observing the votes counted only some 100 to 140 raised hands, while the laws would have needed to be adopted by a majority of 226 votes. Most of the laws were adopted without prior consideration in the parliament's committees as required and with no time for examining the laws even by the MPs.


Provisions

The laws had provisions such as: *Criminalizing "extremist activity", which according to TI Ukraine is defined in "broad and vague terms", with a hefty fine for a first offence and up to three years in jail for a repeat offence. *Simplifying the process of removal of
parliamentary immunity Parliamentary immunity, also known as legislative immunity, is a system in which politicians such as president, vice president, governor, lieutenant governor, member of parliament, member of legislative assembly, member of legislative council, s ...
during
criminal proceedings Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or i ...
to a majority vote in the
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
. A prior review is no longer required by the
Parliamentary committee A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more ...
. *Extending and applying
amnesty Amnesty (from the Ancient Greek ἀμνηστία, ''amnestia'', "forgetfulness, passing over") is defined as "A pardon extended by the government to a group or class of people, usually for a political offense; the act of a sovereign power offici ...
from prosecution previously adopted by the Verkhovna Rada to those who committed crimes against protestors, including Berkut security forces and other law enforcement officials; *Allowing
trial in absentia Trial in absentia is a criminal proceeding in a court of law in which the person who is subject to it is not physically present at those proceedings. is Latin for "in (the) absence". Its meaning varies by jurisdiction and legal system. In comm ...
of individuals, including prison terms in cases where the person refuses to appear in court when criminal proceedings in the absence of such person are pronounced possible; *Simplifying procedures for serving summons and filing administrative protocols; *Creating a penalty for blocking access to residential buildings of up to six years in jail; Further provisions included: *Drivers of
motorcade A motorcade, or autocade, is a procession of vehicles. Etymology The term ''motorcade'' was coined by Lyle Abbot (in 1912 or 1913 when he was automobile editor of the ''Arizona Republican''), and is formed after '' cavalcade'', playing off of ...
s of more than 5 cars, if they cause
traffic jam Traffic congestion is a condition in transport that is characterized by slower speeds, longer trip times, and increased vehicular queueing. Traffic congestion on urban road networks has increased substantially since the 1950s. When traffic de ...
s, face the loss of their driver's license and vehicle for up to two years (unless permission is obtained from the
Ministry of Internal Affairs An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs. Lists of current ministries of internal affairs Named "ministry" * Ministry ...
); *Gathering and disseminating information about the Berkut, judges, or their respective families carries a penalty of up to 2 years in jail; *
Defamation Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
, either by means of press or social media, carries a penalty of up to one year in jail. *Law enforcement officials involved in similar activities and their families face a maximum prison term of six months; *The penalty for blocking government buildings is up to five years in jail; that for blocking of entrance to a residence is up to three years of restriction of liberty *Up to 15 days in jail for unauthorised installation of tents, stages and sound equipment; *
Anti-mask law Anti-mask or anti-masking laws are legislative or penal initiatives prohibiting the concealment of one's face in public. Anti-mask laws vary widely between jurisdictions in their intent, scope, and penalties. North America United States There a ...
with the provision of up to 15 days in jail for participation in peaceful gatherings wearing a mask, camouflage clothing, scarf, helmet, or other means of concealing or protecting one's face or head; *
Non-governmental organization A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in ...
s that accept foreign funds must register as "
foreign agent A foreign agent is any person or entity actively carrying out the interests of a foreign country while located in another host country, generally outside the protections offered to those working in their official capacity for a diplomatic missio ...
s" and face high scrutiny and additional tax measures; *Mandatory licensing of Internet providers; *Provisions for legal governmental
Internet censorship Internet censorship is the legal control or suppression of what can be accessed, published, or viewed on the Internet. Censorship is most often applied to specific internet domains (such as Wikipedia.org) but exceptionally may extend to all Int ...
; *A broad definition of "extremist activities," which disallows
non-governmental organization A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in ...
s and
church Church may refer to: Religion * Church (building), a building for Christian religious activities * Church (congregation), a local congregation of a Christian denomination * Church service, a formalized period of Christian communal worship * Chri ...
es from engaging in support of civil protests.


Repeal

On January 28, the Parliament voted to repeal nine of the laws, with 361 of the 450 MPs in favor. In what ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' described as a compromise, the Parliament approved more limited versions of some restrictions: for example, the destruction of monuments was recriminalized, but was specified to cover only anti-fascist monuments, and not statues of Lenin. On 25 August 2014 President
Petro Poroshenko Petro Oleksiyovych Poroshenko ( uk, Петро́ Олексі́йович Пороше́нко, ; born 26 September 1965) is a Ukrainian businessman and politician who served as the fifth president of Ukraine from 2014 to 2019. Poroshenko se ...
claimed he had called the
2014 Ukrainian parliamentary election Snap elections to the Verkhovna Rada took place on 26 October 2014. Petro Poroshenko, the President of Ukraine, had pressed for early parliamentary elections since his victory in the presidential election in May.anuary 2014Dictatorship laws that took the live of the Heavenly hundred".Ukrainian President dissolves Parliament, announces early elections
United Press International United Press International (UPI) is an American international news agency whose newswires, photo, news film, and audio services provided news material to thousands of newspapers, magazines, radio and television stations for most of the 2 ...
(25 August 2014)Ukraine's Petro Poroshenko Dissolves Parliament, Sets Election Date
The Moscow Times ''The Moscow Times'' is an independent English-language and Russian-language online newspaper. It was in print in Russia from 1992 until 2017 and was distributed free of charge at places frequented by English-speaking tourists and expatriates s ...
(26 August 2014)President's address on the occasion of early parliamentary elections of October 26
, Presidential Administration of Ukraine (25 August 2014)
In this election 64 MPs (according to the Center for Political Studies and Analytics; some of these 64 MPs denied they had supported the laws) who had supported the "Dictatorship laws" were re-elected; most of them in
constituencies An electoral district, also known as an election district, legislative district, voting district, constituency, riding, ward, division, or (election) precinct is a subdivision of a larger state (a country, administrative region, or other polity ...
(who had a first-past-the-post electoral system in one round (candidate with the highest vote total won)).Parliament passes law on parliamentary elections
''
Kyiv Post The ''Kyiv Post'' is the oldest English-language newspaper in Ukraine, founded in October 1995 by Jed Sunden. History American Jed Sunden founded the ''Kyiv Post'' weekly newspaper on Oct. 18, 1995 and later created KP Media for his holdings. ...
'' (17 November 2011)
Draft Law on the election of members of Parliament of Ukraine
,
Venice Commission The Venice Commission, officially European Commission for Democracy through Law, is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin ...
(28 June 2011)
On 11 December 2014 these 64 MPs were banned from senior
parliamentary committee A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more ...
posts.


Aftermath

On 15 February 2015 Oleksandr Yefremov was arrested for forgery of documents during the adoption of the 'anti-protest laws'.Court extends pre-trial restriction on ex-Regions Party faction head Yefremov until Aug 1
UNIAN The UNIAN or Ukrainian Independent Information Agency of News ( uk, Українське Незалежне Інформаційне Агентство Новин, УНІАН, translit=Ukrayins'ke Nezalezhne Informatsiyne Ahentstvo Novyn) is a ...
(27 June 2015)
At the time of the adoption of the anti-protest laws, he was
Party of Regions The Party of Regions ( uk, Партія регіонів, Partiia rehioniv, ; russian: Партия регионов, Partiya regionov) was a pro-Russian political party in Ukraine formed in late 1997 that then grew to be the biggest party of U ...
faction leader Faction or factionalism may refer to: Politics * Political faction, a group of people with a common political purpose * Free and Independent Faction, a Romanian political party * Faction (''Planescape''), a political faction in the game ''Planes ...
in the Ukrainian parliament.


Reactions


Domestic

The Ukrainian opposition warned the new measures would further inflame the protest movement, and called for a big gathering in the capital
Kyiv Kyiv, also spelled Kiev, is the capital and most populous city of Ukraine. It is in north-central Ukraine along the Dnieper River. As of 1 January 2021, its population was 2,962,180, making Kyiv the seventh-most populous city in Europe. Ky ...
on Sunday. January 16 was dubbed ''Black Thursday''. On the topic of these disputed laws, jailed oppositional politician and Former Prime-Minister of Ukraine Yulia Tymoshenko said the following: The
Mejlis of the Crimean Tatar People The Mejlis of the Crimean Tatar People ( crh, Къырымтатар Миллий Меджлиси - ''Qırımtatar Milliy Meclisi'') is the single highest executive-representative body of the Crimean Tatars in period between sessions of the ...
denounced the laws, stating "The government has moved into an open attack on the fundamental rights and freedoms, including adopting a cynical failure of parliamentary procedures and democratic principles laws that violate the Constitution and international obligations of Ukraine, restrict the right to free assembly, free speech and the media," and warned against the use of violence in protests helping to establish the Yanukovych regime as a dictatorship.
Lviv Lviv ( uk, Львів) is the largest city in Western Ukraine, western Ukraine, and the List of cities in Ukraine, seventh-largest in Ukraine, with a population of . It serves as the administrative centre of Lviv Oblast and Lviv Raion, and is o ...
mayor Andriy Sadovy declared the laws unconstitutional and that they would not be enforced in the city. *- The Ukrainian Minister of Foreign Affairs,
Leonid Kozhara Leonid Oleksandrovych Kozhara ( uk, Леонід Олександрович Кожара, Russian language, Russian: Леонид Александрович Кожара, born 14 January 1963) is a former Minister of Foreign Affairs of Ukraine. ...
, noted in a statement of the Ministry that the laws "are aimed at implementing into the Ukrainian legislation a number of rules that already exist in the laws of most European countries, and comply with internationally accepted democratic standards and international practices".


International

* – In a tweet on Thursday following the events in parliament, European Union Enlargement Commissioner Stefan Fuele said he was "profoundly concerned by new legislation limiting freedoms". He said the move contradicted Ukraine's "European aspirations" and its commitments in the European Union – Ukraine Association Agreement, which President Yanukovych abruptly refused to sign in November, amid Russian economic pressure uk. * – Secretary of State
John Kerry John Forbes Kerry (born December 11, 1943) is an American attorney, politician and diplomat who currently serves as the first United States special presidential envoy for climate. A member of the Forbes family and the Democratic Party, he ...
said "the legislation that was rammed through the Rada (parliament) without transparency and accountability violates all the norms of the OSCE and the EU." He further described the laws as "anti-democratic". * - Prime Minister
Stephen Harper Stephen Joseph Harper (born April 30, 1959) is a Canadian politician who served as the 22nd prime minister of Canada from 2006 to 2015. Harper is the first and only prime minister to come from the modern-day Conservative Party of Canada, ...
said in a statement to reporters accompanying his diplomatic trip to the Middle East that the protests were because the Ukrainian government's actions "very much remind krainiansof their anti-democratic and Soviet past" and that his government will call for an emergency debate on the Ukrainian situation when the
Parliament of Canada The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, ...
reconvened on 27 January 2014.


Non-governmental organizations

*Wikipedia – Announced a daily shutdown of the Ukrainian language version of the encyclopedia from January 21 onward, from 4:00 to 4:30 PM in protest of the laws. The site announced the shutdown in a declaration titled ''Against Censorship''. :uk:Вікіпедія:Закон № 721-VII


See also

*
Human rights in Ukraine Human rights in Ukraine is a highly contested topic. Since 2017, Freedom House has given Ukraine ratings from 60 to 62 on its 100-point scale, and a "partly free" overall rating. Ratings on electoral processes have generally been good, but there ...


References


External links


Full text of 721-VII
from the website of the
Parliament of Ukraine The Verkhovna Rada of Ukraine ( uk, Верхо́вна Ра́да Украї́ни, translit=, Verkhovna Rada Ukrainy, translation=Supreme Council of Ukraine, Ukrainian abbreviation ''ВРУ''), often simply Verkhovna Rada or just Rada, is the ...
''(Ukrainian)''
Full text of 723-VII
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Full text of 722-VII
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Full text of 731-VII
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Full text of 725-VII
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Full text of 724-VII
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Full text of 728-VII
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Full text of 729-VII
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Full text of 726-VII
''(Ukrainian)'' {{Euromaidan 2014 in law 2014 in Ukraine Political repression in Ukraine Law of Ukraine Euromaidan 7th Ukrainian Verkhovna Rada Police brutality in Ukraine Anti-protest law