Ukraine:the power of people vs the power of government
by Daria Kaleniuk12th August 2010
Kharkiv the second biggest city in the country
May – 2nd June 2010
Local government builds the road destroying the central city park (Gorkyi Park)…
illegally…
against the will of the people
Kharkiv2nd June 2010
Demonstration in front of the local
government building
Punishment
Against people• Several people had to
pay fine for convicting
misdemeanors (didn’t follow the police order)
• Two park defenders were sent to the jail for 15 days
Against government
Any
???? 3 main questions ????
1. What would people do in the USA?
- file the suits
2. Why Kharkiv local government doesn’t afraid to act illegally?
- people have limited access to governmental information
- people have limited access to fair justice 3. So why Ukrainians don’t like courts?
Someone likes courts!
• Oksana Nesterenko,
- the tutor of Constitutional Law in National Law Academy of Ukraine;
- expert of the Access to Information;
- member of Kharkiv Human Rights Protection group;
Oksana’s case:Access to governmental information,
substantive law
Ukraine
1. Constitution
Article 34, includes 7 exceptions
2. Act about information
3. Bill of Act about access to information
USA
1. Constitution
Amendment 1
2. The Freedom of Information Act
3. Supreme Court decisions
Steps for procedure
Ukraine1. Written Request for
Information – Denial
2. Written request to the higher authority
2. File a Suit
3….
USA1. Fill in e-form
2. Receive the Answer
Jurisdictional differences
Ukraine• Subject-matter
jurisdiction: specialized courts for the suits against government “Administrative”
• Presumption of guilty
USA• No specialized courts• “a party who seeks to
have a restraint upheld thus carries a heavy burden of showing justification for the imposition of such a restraint.”
New York Times Co. v. United
States, 403 U.S. 713
Ukraine: Step 33….Want to appeal?
Receive the protocol of conducting misdemeanor for contempt of court !
Go to jail for 15 days…
Is it possible in USA?
Trial against plaintiff
• In the same court
• Case heard by another judge
• Media helped to avoid jail
• Decision: guilty. Punishment - fine.
The court creates precedent
In Ukraine
To punish plaintiffs
“Contempt of court” – judges in Kharkiv use this tool for punishing plaintiffs and keeping people in fear.
In USA
To make the rule under the Constitution
Trial against plaintiff
• Appeal in Ukraine– lose
• European Court of Human Rights - decisions are obligatory for Ukraine.
Access to information case
• Appeal – lose
• Now case is in the Higher Administrative Court – the 3d level
• Supreme Court??? -> case law
Waiting for the new law and the Supreme Court cases summary
Thank you for attention!
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