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I. Hristos Union “People’s control” - Kherson, UKRAINE



      Ëèñò ì³ë³ö³¿ â³ä 25.03.2009 ð. äî Òåëåðàä³îêîìïàí³¿ “²ʔ, ïðî íîòó Ïîñîëüñòâà Ðåñïóáë³êè ²çðà¿ëü

Embassy of Israel, 2009

 
        current issue 44, dated 04.05.2009 of
    Company of television and radio “V I K”
    Deputy Chief DMIA
    Haponovu A M

     
    Dear Olezhe Nikolayevich!

    We have reviewed your letter dated 25.03.2009 ¹ 7/12-1525, which came to us 03.04.09 of you reporting the note to the Embassy of Israel on the deployment, the alleged, anti-Semitic advocacy for the representatives of the Jewish community of Kherson and ask to give you information about printing articles in the newspaper «VIK» and broadcast on radio «VIK» for 2008-2009 years, for the Jewish nation and activities of Kherson Jewish community .
    In a note You stated that the Embassy of Israel refers to «the deployment of over 2008 anti-Semitic advocacy for the representatives of the Jewish community of Kherson». Even so, your letter does not indicate whether any damage caused while any 1) Physical or 2) a legal person, 3) society or 4) State. The term «the Jewish community of Kherson» used in the letter is not relevant for the requirements of Article 11 regulations Criminal Code, under which the unlawful act can be considered only when damage drawn 1) a physical or 2) a legal person, 3) society or 4) state. The notion of «the Jewish community of Kherson» not play the status of this notion is not a legal or physical person, the encroachment on the rights of perpetrators procecute accountable.
    We have not distributed information (printing articles in the newspaper «Vik» and broadcast on radio «VIK» during the years 2008-2009) for the Jewish nation and Jewish community activities in Kherson. Therefore it is difficult to provide what we do not have. Probably still the Embassy of Israel is guided by some unreliable information and demands from law enforcement bodies of Ukraine that does not exist in reality.
    The term «anti-Semitic propaganda» is stated as grounds for your appeal. Please note that the current Ukrainian legislation, including criminal and administrative law, does not contain the term «anti-Semitic advocacy», which is probably unknown to the Embassy of Israel. And under Article 11 of the Criminal Code «is a crime under this Code is guilty socially dangerous act (action or omission) done criminal». Thus, when the legislation does not provide a socially dangerous act, as «anti-Semitic advocacy», then no reason to require any explanations and evidence for non-existent in the nature of the violation.
    Also Article 94 of the Criminal Procedure Code (CPC) of Ukraine established the grounds for infringement case only when there are sufficient data to indicate the presence of signs of crime. A crime of «anti-Semitic advocacy» does not exist.
    We know that the materials that are printed in the newspaper «Vik: time, events, people», Kirichenko S.A. provided repeated explanations enforcement authorities (police) on the «anti-Semitism» and some representatives of the Jewish community.
    So, in February 16, 2009 Chief of Kherson city department MIA in itself colonel militia Lugovoi S.A. explanation Kyrychenko S.A. on the letter head of Kherson Jewish charity, community center O. Vainer, Representative Council of Jewish Confederation of Regions of Ukraine in the Kherson region of Bronshtein and Chief Rabbi of Kherson city and Kherson region, the head of Kherson Jewish religious community "Chabad" - J. Wolff.
    March 10, 2009 Chief of Kherson city department MIA in itself colonel militia Lugovoi S.A. explanation Kyrychenko S.A. on the letter number 220 dated 18.02.2009 of rabbi of Kherson and Kherson region, the head of Kherson Jewish religious community Habad Josef Wolf-Yitzhak (Israeli citizen).
    After all these explanations have adopted relevant decisions in accordance with the requirements of the law.
    On direct appeal to the form DMIA Ukrainian Embassy in the notes of Israel, that is relevant norms of international law governing the relationship between countries. Note - this is a formal diplomatic treatment of one country to another. With notes of state, head of diplomatic mission or head of department of foreign affairs, heads of government or state can make a claim for a violation of the interests of the state and causing her harm. This international law requires the author's notes provide unconditional proof of guilt of the offender and, in appropriate cases - the amount of material damage. When this proved insufficient claims generated international controversy, and unfounded claims can be regarded as a hostile act and nibble a negative consequences. Therefore in such cases to provide accurate and authentic interpretation of law, which opinion injured parties was violated. But, under any circumstances, we can talk only about the legal requirements and damage to the country and its citizens.
    Unfortunately, the Embassy of Israel has not provided information to the public interest and that citizens of Israel marked a pity. This should draw attention to the fact that Jews - citizens of Ukraine, laws protect the state of Ukraine, not the State of Israel. And note the state of Israel can not apply to internal relations within Ukraine, and can only touch upon interstate relations and the rights and interests of the citizens of Israel.
    The general public know that the head of Kherson Jewish religious community Chabad-Yosef Yitzchok Wolf is a citizen of Israel, and he has enough close relationship with the Ambassador of Israel in Ukraine Zine Kalai-Klaytman. And, perhaps, the result of such relations is the emergence of the Israeli Embassy notes. However, it is still not explained, what could be oppressed of the citizen of Israel, Yitzhak Josef Wolf?
    Therefore, most likely is clearly incorrect interference in the internal affairs of States from Ukraine, one of the heads of diplomatic missions of Israel in Ukraine.
    The fact that Israel gave the note on the Jewish community of Kherson, says that the Jews - members of the Jewish community of Kherson, Israel was not as citizens but as citizens of Israel. This fact also shows that Israel has interests in Ukraine, and specifically in Kherson. Israel raises questions not about the citizens of Israel and against Jews who are citizens of Ukraine living in Ukraine. So Israel allow intervention in internal affairs and territorial communities of the city of Kherson. This shows Israel that he commits acts directed against Jews living in Ukraine, citizens of Israel. In another estimate is not possible, because logic and reason to the filing of notes of one State authorities of another state mean cases only protect the interests of the state, which filed a note, and the rights of its citizens, not people who have a nationality and citizens of another State.
    Great difficulty is also that the order of the Supreme Council of Ukraine of 26.06.1992 in the passport and birth certificate citizens missing count of nationality. And it destroys the formal opportunity to prove their nationality by a citizen of Ukraine.
    Finally, we inform you that the predominant way radio «VIK» online broadcast transmission, which are not relevant to the storage media. Under current law, only in the manner provided in the Law «On Television and Radio» The National Council on Television and Radio, or its representative (National council) in the area have the right within the term established by law and in cases which are also listed in the law on the basis of statements of relevant entities, require a copy of the record. By passing this technical term temporary records is andermagnitic.
    The content and direction on the radio «Vik», as during the 2008-2009 years, and always aimed at strengthening the constitutional principles, as society as a whole and the territorial communities of the city of Kherson, in particular. This is confirmed by almost 12 years practice activities TRK «VIK».
    Sincerely,
    General Director of TRC «VIK»
    N.P. Stavitsky
     

 
N.P. Stavitsky

 
 
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Âèñòóï ó Âåðõîâí³é Ðàä³
Statement by Sergey Kirichenko in Parliament.
A candidate for the post of Chairman of the Verkhovna Rada, 1994.
30.07.2008