"National self-defense" costs on D. Zhvaniya's protection

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The civil movement "National Self-defense" is excited with the statement Ukrainian - the Helsinki group on human rights concerning violation of the rights of citizens of Russia, Uzbekistan and Sri - Lanki in Ukraine, as for delivery of refugees to the countries where for them search for commission of criminal crimes.

However for "NANOSECOND" is unclear why Ukrainian - the Helsinki group on human rights and other human rights organizations don't pay the attention when the rights of citizens of Ukraine are violated.

On July 2, 2008 the Appellate court of Kiev made the decision on cancellation of the decision of the Soviet district court of Kiev of September 30, 1999 in the matter of D. Zhvaniya and is directed on repeated consideration to Svyatoshinsky district court of Kiev.

On July 4, 2008 D. Zhvaniya's representative the People's Deputy of Ukraine G. Moskal made the appeal in the Supreme Court of Ukraine about the resolution of Appellate court of Kiev. In the adduced arguments he pays attention of the Supreme Court of Ukraine to renewal of terms of the appeal appeal to the Prosecutor General's Office of Ukraine after passed 9 years. It is the first precedent in the history of Ukraine since 1917, such analogs didn't know even courts at the time of Imperial Russia and Avstro - the Hungarian empire.

The European Court of Human Rights on business "Ponomaryov against Ukraine" of April 3, 2008 condemned the made decision court of Ukraine to continue the term of the appeal appeal for 2 years as such that violates human rights in Ukraine.

For opening of cassation implementation in the Supreme Court of Ukraine, it is necessary to provide the certified copy of the decision of the Soviet district court of Kiev of September 30, 1999. By the judge of Appellate court of Kiev Pobirchenko T. it was refused providing the certified copy of a judgment and the direction of case papers to Svyatoshinsky district court of Kiev on repeated consideration.

On a request of the Deputy Glava Sekretariat President of Ukraine I.Pukshin Prosecutor General's Office of Ukraine and Appellate court of.Kiev there is a tightening of the direction of case papers into repeated consideration for the far-fetched and groundless reasons.

On July 15, 2008 the Prosecutor General's Office of Ukraine brought the statement of rather uniform distribution between the parties of trial of court costs at a rate of the 4th hryvnia of the state tax.

The judge T. Pobirchenko, having received the statement appoints business hearing already to July 30, 2008. However as well as it was developed according to the scenario, the representative of the Prosecutor General's Office of Ukraine without valid excuse didn't arrive on July 30 to a court session.

The judge T. Pobirchenko referring to absence of the representative of the Prosecutor General's Office of Ukraine, postpones business hearing indefinitely.

On September 2, 2008 taken-away TsPK of Ukraine term for the cassation appeal in the Supreme Court of Ukraine comes to an end. Thus, the Secretariat of the President of Ukraine, the Prosecutor General's Office of Ukraine and Appellate court of Kiev tries to deprive D. Zhvaniya, provided Art. 55 of the Constitution of Ukraine of constitutional laws where it is told: "The rights and freedoms of the person and the citizen are protected by court. The right for the appeal in court of decisions, actions or a divergence of public authorities, local governments, official officials" is guaranteed to everyone.

On May 22, 2008 the Prosecutor General's Office of Ukraine brings criminal case for Art. 358 of UK of Ukraine (forgery) where specifies that by Zhvaniya D. V. in 1998 in the application for receiving a look for a constant residence in Ukraine, having specified incorrect data on time of continuous residence in Ukraine. Though the Prosecutor General's Office of Ukraine this fact was finished and in Podolsk district court of Kiev that D. Zhvaniya didn't fill in this statement, and the lawyer who made purely mechanical mistake filled it.

Despite of that in 1998 a subject of structure of a crime - forgery - was only the certificate which is given by government body or public organization and the statement on which the Prosecutor General's Office of Ukraine inclines, doesn't treat documents which are given by public institution, and mechanical mistakes from imprudence, perfect D. Zhvaniya's lawyer, don't make crime structure.

Not in view of the fact that Art. 58 of the Constitution of Ukraine speaks:"Nobody can be responsible for acts which for the period of their commission didn't admit the law as an offense", the court took the part of the Prosecutor General's Office of Ukraine under pressure of the Secretariat of the President of Ukraine and Security service of Ukraine.

These are the unprecedented facts when legal proceedings are carried out behind the indication of the Secretariat of the President of Ukraine, and intimidation of judges goes from Security service of Ukraine.

Art. 24 of Kosntitution of Ukraine speaks: "Citizens have equal constitutional laws and freedoms and are equal before the law. There can't be privileges or restrictions behind signs of race, skin color, political, religious and other convictions, a floor, an ethnic and social origin, a property state, the place of residence, behind language or other signs".

For this reason "National self-defense" addresses to human rights organizations of Ukraine, together with concern on observance of the rights of citizens of Sri - Lanki, to pay attention to the shouting facts of violation of the rights in Ukraine the citizen of Ukraine D. Zhvaniya.

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