On July 16, 2019, the Constitutional Court of Ukraine made the judgement on the case on the constitutional appeal of 46 people's deputies of Ukraine regarding the compliance of the Law of Ukraine "On condemnation of the communist and national socialist (Nazi) totalitarian regimes in Ukraine and the prohibition of propaganda of their symbols" dated April 9, 2015 No. 317-VIII with the Constitution of Ukraine.
Contrary to the expectations and opinions of leading experts in the field of constitutional law and human rights in Ukraine, by this Decision, the Court recognized as constitutional this clearly anti-constitutional and anti-democratic Law.
The discrepancy of the Law of Ukraine No. 317-VIII dated April 9, 2015 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the decisions of the European Court of Human Rights was established by the competent international legal institutions and was reflected in the report of the UN High Commissioner for Human Rights on the situation with the observance of human rights in Ukraine of February 16, 2015 until May 15, 2015. But this fact was ignored by the body of constitutional jurisdiction. In turn, the European Commission "For Democracy through Law" (Venice Commission) and the OSCE Bureau for Democratic Institutions and Human Rights on 18-19.12.2015 at the 105th plenary meeting adopted a joint interim conclusion regarding this Law which, in particular, the stated incompliance of the allegedly constitutional law with international standards for the protection of human rights and freedoms.
The Constitutional Court of Ukraine based this decision solely on political motives. This is evident from the official information message on the Court website (http://ccu.gov.ua/novyna/zakon-yakyy-zaboronyaye-propagandu-komunistychnogo-ta-nacystskogo-rezhymiv-vyznano).
Without citing any legal argument (which cannot be) to substantiate its decision, the Court refers to the following:
“By their criminal nature, the communist and Nazi regimes were the same, and their methods of implementing the state repressive policy were identical. These regimes categorically denied the possibility of the existence of a Ukrainian independent state, pursued its supporters and obstructed the Ukrainian national revival. ”
““ ... several generations of Ukrainians lived in an atmosphere of universal fear for the lack of freedom, were under conditions of arbitrary restriction of civil, political and other rights and freedoms ”
- “One of the main reasons for the greatest human losses in the USSR, in particular in Ukraine, during the Second World War was that the Nazi regime and the communist regime had the same anti-human essence”
“For several decades, the red star, images of crossed sickle and hammer and other symbols of the communist regime widely used by the anti-Ukrainian forces to spread an atmosphere of fear, hatred and aggression, to deny the right of the Ukrainian people to their own independent state.”
As a result, the Court concluded that “the condemnation of the Nazi and communist regimes by the Law and the prohibition of the use of their symbols are stipulated by the legitimate aim - to prevent a return to the totalitarian past”.
It is obvious that CCU has turned from a court into an body of political repressions, and this decision is purely political, and has nothing to do with law. Obviously, appointed by the regime of ex-President Poroshenko, the majority of the CCU judges implemented the political order of their “boss”, committed a crime against historical memory, the Constitution of Ukraine and standards of the protection of human rights.
Dear comrades and friends, we have no doubt that this decision will be used to unleash a new wave of repression against the Communist Party, its members and supporters.
In these circumstances, we urgently need your support!
Any actions and statements condemning the criminal decision of the Constitutional Court and the repression of the ruling regime will be useful to us!
In addition, we ask you to use all possible levers of influence in international organizations, national governments in order to condemn this criminal decision of the CCU, in order to impose national and international sanctions on individuals, involved in the adoption of this CCU decision, politicized and criminal in nature and form.