Russian Communist Workers Party

Appeal of Communist Party of Ukraine

May 16th, 2015,
Kiev, Ukraine

 
Dear comrades,

 
Verkhovna Rada of Ukraine April 9, 2015 adopted the law “On the Conviction of the Communist
and National-Socialist (Nazi) Totalitarian Regimes in Ukraine and Prohibition of their Symbols
Propaganda”. The President of Ukraine Poroshenko signed this law late evening May 15, 2015.
Analysis of the provisions of this law provides: it is undemocratic, uncivilized, it violates the
human rights and freedoms guaranteed by Art. Art. 10, 11, 14 of the Convention for the
Protection of Human Rights and Fundamental Freedoms of 04.11.1950. This law illegally
prohibited the dissemination of ideas, expression, beliefs, use of symbols, which are inherent
attributes of any civilized, democratic European country. The law also creates a serious tension
in Ukrainian society, generates ideological conflicts and trigger open clashes between the
citizens with all negative consequences of that.

 

 
According to the current Law of Ukraine “On Execution of Decisions and Jurisprudence of the
European Court of Human Rights Ukraine has committed to adhere adopted by the European
Court of Human Rights decisions as sources of law. However, despite this Ukrainian Parliament
adopted mentioned law and President signed the Law that directly and obviously contradicts the
such judgements of the European Court of Human Rights as “Vazhnay against Hungary” (case №
33629/06), judgment of 08.07.2008; “Fratanolo against Hungary” (case № 29459/10), judgment
of 03.11.2011; “Faber vs. Hungary” (case № 40721/08), judgment of 24.07.2012; “United
Communist Party of Turkey and Others vs. Turkey judgement of 05.01.1998; “The Socialist
Party and others against Turkey”, judgment of 25.05.1998; “Yeloyev against Ukraine”, judgment
of 06.11.2008; “Novik vs. Ukraine”, judgment of 18.12.2008.

 

 
Moreover, the Parliament of Ukraine deliberately ignored conclusion of the European
Commission “For Democracy through Law” (Venice Commission) and OSCE/ODIHR of 2013
regarding legislative ban symbols of the Communist era in Moldova. With this opinion, the
Commission condemned the Moldovan parliament adopted a law banning communist ideology
and symbols of the communist era. But, the Ukrainian Parliament and President has not taken
into account these guidelines of the Venice Commission and adopted the law contrary to the
position of the Commission.

 

 
Thus, as noted above, the Law “On Conviction of the Communist and National-Socialist (Nazi)
Totalitarian Regimes in Ukraine and Prohibition of their Symbols Propaganda” is eternally
undemocratic, authoritarian and uncivilized.

 

 
Therefore, we ask you, dear comrades to approach the European Commission “For Democracy
through Law” (Venice Commission) for an analysis and opinion of the Commission on on
compliance of the Law “On Conviction of the Communist and National-Socialist (Nazi)
Totalitarian Regimes in Ukraine and Prohibition of their Symbols Propaganda” with the
provisions of the Universal Declaration of Human Rights of 10.12.1948, the International
Covenant on Civil and Political Rights of 12.16.1966, Convention for the Protection of Human
Rights and Fundamental Freedoms of 04.11.1950, as well as the jurisprudence of the European
Court of Human Rights.

 

 

 

Comradely,

 

 

 

Petro Symonenko,

First Secretary
of the Central Committee
of the Communist Party of Ukraine