Military Review

The law of Ukraine: all soldiers of the Armed Forces of Ukraine who are fighting in the Donbas are criminals

31



The words of Roman Immortal (one of the most sensible closest associates of the third president of Ukraine Viktor Yushchenko) about the fact that AFU soldiers can be recognized as criminals for conducting hostilities in the Donbass for several days have not left the feed News. It was impossible to hear such words from people who supported the Maidan and the war in the Donbass in 2014, 2015 and even 2016, and today they are discussed at the expert level, and the discussion itself is not “possible” or “impossible”, but “ they will judge ”or“ they will not judge ”. And it is very symbolic.



The logic of the Immortal is as follows. The non-recognition of the conduct of the war by Kiev makes all the soldiers of the Armed Forces of Ukraine criminals, since they are actually conducting military operations on their territory in peacetime, contrary to the Ukrainian Constitution and the laws of Ukraine, which the deputies discharged carelessly.

Yes, his opponents say, this is all true, but 5 June 2014, the Rada adopted amendments to the law of Ukraine on the armed forces. In particular, amendments were adopted concerning the legality of the use of armed forces in the area of ​​the ATO.

So, we note the first important point with which everyone agrees. Those who fought in the Donbass before 5 June 2014 of the year are criminals (according to the current Ukrainian legislation), as well as those who gave orders. And this pans Turchinov, Yatsenyuk and others (but not Poroshenko, who took office 7 June 2014 year !!!).

And what about after 5 June 2014? From the point of view of the Ukrainian legislation, who are the soldiers of the Armed Forces of Ukraine who bombarded peaceful cities after this date? We read carefully the law. According to the new version of the law, the Supreme Court of Ukraine in the ATO zone in peacetime can be used in the following cases:

- ensuring that the tasks assigned to formations, military units and subunits of the Armed Forces of Ukraine during their use in the area of ​​the antiterrorist operation, in the event of a terrorist act in the airspace or territorial sea of ​​Ukraine;

- ensuring protection against terrorist attacks on objects and property of the Armed Forces of Ukraine, weapons mass destruction, rocket and small arms, ammunition, explosives and poisonous substances that are in military units or stored in certain places;

- ensuring that during the antiterrorist operation, tasks are carried out to curb the activities of illegal paramilitary or armed formations (groups), terrorist organizations, organized groups and criminal organizations, to participate in the detention of persons, and also to neutralize persons in cases where their actions really endanger life and health hostages, participants in the antiterrorist operation or other persons.


As we see, the first two points are not so interesting and, in fact, not important for the recognition / non-recognition of soldiers of the Supreme Court of Ukraine as criminals, but the third one ... needs to be disassembled in more detail. It was here, as they say, and the dog rummaged.

So, according to the law of Ukraine, it is possible to use the Armed Forces of Ukraine against illegal militarized or armed formations (groups), terrorist organizations, organized groups and criminal organizations if their actions really threaten the lives of hostages (who did not exist), ATO participants or other persons. And this means that any shelling, if it was started by the Armed Forces of Ukraine, is already a crime. Almost any shot of the VSU sniper in this version of the law is a crime. And any exit of the DRG to the “rear of the enemy” is an unconditional crime, if it was not connected with the release of hostages (which have never been taken, see above).

So, almost any soldier of the Armed Forces of Ukraine who fired at least once against the enemy, if it was not self-defense or shelling in response, can be charged.

Yes, today these events are interpreted by the authorities as legal, and tomorrow? When will power change? Roman Bessmertny is talking about this, and those tens of thousands of “ATO heroes”, who can be declared criminals in Ukraine in a few years, do not want to think about it.

But there are defenders of the actions of the Supreme Court of Ukraine, and they are trying to justify themselves:

The law of Ukraine: all soldiers of the Armed Forces of Ukraine who are fighting in the Donbas are criminals


“Of course, you can find legal hooks and try to change something. But you need to understand that if changes occur, we are talking about more than two hundred thousand people. They know and know how to use weapons, many of them have an active social position. some deviations they can protect their rights in different ways, including by force. Therefore, it is unlikely, I think, someone will go for it. " (Lieutenant-General of the Armed Forces of Ukraine Igor Romanenko.) [/ I]

In both! That is, we understand that the law has been violated and we assume that “changes can occur.” And in this case, the general relies on his former subordinates (although he will not be “he”, he did not fight). The desire of Ukrainian generals and politicians to protect their ass and cover it 200 000 their soldiers understandable. After all, it is not ordinary soldiers who will be judged first of all for a crime against the people of Ukraine (at least, by no means all), but the top commanders and those who gave orders to the army to shoot at the people.

What can be answered to this? There are no 200 000 united ideas of fighters and veterans of the ATO. There is a mass of deceived, used and discarded soldiers.

Yes, at first there were many ideological ones, but today many of them are either killed due to the fact that such romani, hubby, geletii and threw them to the slaughter, warning the opposite side about the operations (all the “patriots” talk about it only with 2014) , or went into the crime, and they can already be judged at least for it. There are no tens of thousands or at least thousands of active and not soiled by real crimes veteran activists.

And if these hundreds, even thousands, come out and, as General Romanenko says, “start using weapons” in defense of their rights, then, according to the amendments adopted by the Parliament to the law “On the Armed Forces of Ukraine” of 05 June 2014, the government can throw them not just the police or the National Guard, but even the army. Although, I think, one police will be enough.

And I would recommend that defenders of criminals in uniform not to forget that the basic law of Ukraine (the Constitution) in the general provisions of the first section reads:

“The armed forces of Ukraine and other military units cannot be used by anyone to restrict the rights and freedoms of citizens.”

And according to this norm, practically any soldier of the Armed Forces of Ukraine can be judged, even without shooting, but simply robbing civilians or “restricting their rights and freedoms”.

And therefore, when the authorities change, and this, as we see from the discussion that began in Kiev, no one doubts, and the truth of the war in the Donbas becomes known to the population, the fate of the “warriors of light” will be unenviable. Many of the veterans will prefer to forget about their service to the regime and will never remember about it, as it was done in 1920-1930, many ordinary participants of the white and other movements of the Civil War period. And they will be forgotten in order not to stir up the past, and they will judge the Geletyans, Turchinovs and Yatsenyuk.



But not Poroshenko, who, in fact, is covered from all sides by Ukrainian law. Even his son served far from the front and did not shoot anyone.

Formally, after 5 June 2014, he had the right to send or not to withdraw an army from the Donbass. And about the illegal use of the divisions of the Armed Forces of Ukraine, he could simply “not know”.

After all, a busy man, the generals must follow this.

Finally, I appeal to the soldiers, who still believe that, fighting in the Donbas, they are defending Ukraine. You can take whatever you like, have the right. But you will be judged by the law, and he, as you have already seen and how one of the most intelligent assistants of Viktor Yushchenko says, is not on your side.

You corny used and betrayed. I betrayed my own power, which, in spite of everything, leaves a lot of clues to its opponents in order to judge all of you as criminals. And you are already de facto criminals, because your “defender”, Lieutenant General Igor Romanenko, said that the law has no retroactive effect. And in this he is right.
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  1. NIKNN
    NIKNN 16 October 2017 14: 38 New
    19
    The right article ... Not everyone involved will read, but sorry ...
    1. Samaritan
      Samaritan 16 October 2017 14: 54 New
      17
      With the "Ukrainians" everything is clear, there is at least a count on the head of a scratch ... but here's us not this way??? Will we forgive you all? the killing of thousands of Russians on a national basis ???
      Our leaders are trying to translate everything into humor, like laughing at their neighbors ...
      AND WHO WILL RESPOND FOR THE RUSSIAN GENOCIDE IN DONBASS AND IN UKRAINE ???
      Why not apply to Ukraine at the UN? and let them understand, especially since there are many facts !!!
      1. antivirus
        antivirus 16 October 2017 18: 20 New
        +2
        Many of the veterans will prefer to forget about their service to the regime and will never remember about it, as was done in 1920-1930, many ordinary members of the white and other movements of the Civil War period. And they will be forgotten so as not to stir up the past, and the Geletheans, Turchins and Yatsenyuk will

        -What difference is that deer in Yakutia graze that kangaroo in Australia
      2. Vasya Vassin
        Vasya Vassin 16 October 2017 20: 09 New
        +3
        Right words and right questions! It is precisely the genocide of the Russian people.
      3. BAI
        BAI 17 October 2017 10: 14 New
        +3
        AND WHO WILL RESPOND FOR THE RUSSIAN GENOCIDE IN DONBASS AND IN UKRAINE ???

        Forgot it:

        Forget this too:
      4. Plead
        Plead 17 October 2017 17: 01 New
        +4
        All who participated in the genocide of the population of Donbass will answer!
        You are not aware that the TFR of Russia initiates criminal proceedings on all the facts of crimes in the Donbass!
        Criminal proceedings were also instituted against Turchinov, generals Muzhenko, Poltorak, etc.
        No one will get away from criminal punishment! Their crimes do not have a limitation period and the criminal prosecution will be up to the grave!
      5. The comment was deleted.
    2. novel66
      novel66 16 October 2017 15: 41 New
      18
      reprint - and scatter leaflets, let them read it, "heroes"
      1. NIKNN
        NIKNN 16 October 2017 15: 42 New
        +8
        Quote: novel xnumx
        reprint - and scatter leaflets, let them read it, "heroes"

        Well, as an option ...
        1. Dembel77
          Dembel77 17 October 2017 19: 09 New
          +1
          The Nazis at the beginning of the war, our people burned to the music with a smile alive. They were confident in their complete impunity. But they answered for their atrocities in full. I am sure that the Kiev-Bandera junta in the same way will not escape a deserved punishment. It’s not long to wait.
  2. Sergey-8848
    Sergey-8848 16 October 2017 14: 38 New
    +6
    The fact that soldiers shooting at their people - criminals - is clear and obvious. And the Ukrainian laws mentioned in the article are an example of casuistry (as we want, we’ll turn the law, depending on the situation).
    1. Yurasumy
      16 October 2017 14: 41 New
      +1
      Yes, but in any case, it has no retroactive force, as it does not turn.
  3. izya top
    izya top 16 October 2017 14: 52 New
    +2
    Ukrainian constitution
    What kind of beast is so unprecedented? belay
    1. CAT BAIYUN
      CAT BAIYUN 17 October 2017 00: 20 New
      +7
      This is something like a mammoth. Everyone knows what he was. Everyone imagines him approximately and even saw him petrified excrement or traces. But ... well, sobsenna, that's all. There are no more traces of the vital activity of this rare beast.
      1. Amurets
        Amurets 20 October 2017 06: 26 New
        +1
        Quote: KOT BYUN
        There are no more traces of the vital activity of this rare beast.

        How not? "Two huge elephants were found in the Nepal area. It is interesting that they are not at all like ordinary Asian elephants, but resemble cave drawings of mammoths. One of the males is about four meters tall - much larger than any of the largest known Asian elephants. Both animals have mammoth features, such as a sloping back, a tail somewhat resembling a reptile tail, and a large domed bulge on the head.

        (mammoth photo No. 3.1)

        Read the full article at the link ---> http://www.origins.org.ua/page.php?id_story=2068#
        ixzz4w0zspwsg

        In Yakutsk, in the courtyard of the Academy of Sciences, a found mammoth Yuki of a woolly mammoth, very well preserved, was lying in the snow. Its brain extraction has become a sensational event in the scientific world.

        Read the full article at the link ---> http://www.origins.org.ua/page.php?id_story=2068#
        ixzz4w10ZYjD1
        1. CAT BAIYUN
          CAT BAIYUN 20 October 2017 08: 57 New
          +7
          Thanks for the links and, in principle, for the info.
          I agree with you that mammoths meet.
          Let it be frozen, but well preserved.
          It’s a pity, of course, that they don’t breathe ... In principle, like the constitution of Ukraine. laughing
          1. Amurets
            Amurets 20 October 2017 12: 39 New
            0
            Quote: KOT BYUN
            It’s a pity, of course, that they don’t breathe ... In principle, like the constitution of Ukraine.

            A very accurate comment on the constitution of Ukraine. She is like a mammoth Yuki, lying, but not breathing.
  4. masterovoy
    masterovoy 16 October 2017 15: 29 New
    +4
    I believe that the finalized “leaflet” SHOULD be printed out and with the help of drones massively dispersed over the positions and basing areas of the Ukrainian Armed Forces.
    1. Bumblebee_3
      Bumblebee_3 16 October 2017 17: 30 New
      +4
      masterovoy. Yes, they will say that this is "kats_pskaya" propaganda and they came up with all this in the Kremlin. Their slogan is "Ukraine ponad mustache." Will this leaflet affect otmo_zkov?
    2. Catherine II
      Catherine II 17 October 2017 10: 08 New
      +2
      Quote: masterovoy
      the finalized "flyer" SHOULD be printed out and with the help of drones massively dispersed over the positions and areas of deployment of the Ukrainian Armed Forces.

      reminded me of the German WWII leaflets. About the deception of political leaders and Bolsheviks.
      Let me remind you that the people are the same.
  5. Cananecat
    Cananecat 16 October 2017 15: 43 New
    +3
    All this chatter, nothing more than an attempt to cool the security forces controlled by Avakov and Turchinov.
    We do not forget about the law by which ATO participants are exempted from criminal liability for crimes committed in the ATO zone. He will be remembered and presented.
    1. Yurasumy
      16 October 2017 15: 57 New
      +2
      And this law is not so simple. But this is a topic for a separate analysis.
    2. Awaz
      Awaz 16 October 2017 19: 03 New
      +2
      This law is unconstitutional. Absolutely not legitimate, as well as the characters who accepted it.
  6. knn54
    knn54 16 October 2017 16: 02 New
    10
    Begin with USA Ambassador
  7. Awaz
    Awaz 16 October 2017 19: 02 New
    +3
    duck, from the first days of the coup a thousand times it was written that any action there is unconstitutional and not legal. All the actions of the Armed Forces of the remnants of Ukraine were initially anti-people and criminal and as if they did not change the laws, in fact they are crimes, even if new decrees (also no longer legal) excuse them for it.
  8. Petrol cutter
    Petrol cutter 16 October 2017 20: 45 New
    +6
    "they actually conduct military operations on their territory in peacetime in defiance of the Ukrainian constitution and laws of Ukraine"
    These are the key and most important words! Three years later, they suddenly remembered ...
    1. White and fluffy
      White and fluffy 17 October 2017 08: 13 New
      0
      An interesting article. Cheaters, crooks, criminals at the state level, Responsibility will get the big bureaucrats of the middle peasants. Against criminals is not a sin to use weapons.
  9. Catherine II
    Catherine II 17 October 2017 10: 16 New
    +1
    one of the most sensible closest associates of the third president of Ukraine Viktor Yushchenko

    the author is already "floating" in the material
    For five years, the Immortal was the representative of the head of state in the Verkhovna Rada. And - in the most difficult times for Leonid Danilovich, when the “cassette” scandal unfolded in Ukraine. Then Roman Petrovich, as a loyal companion of Kuchma, stubbornly defended him from the opposition and from charges of involvement in the disappearance of Gongadze. In September of the 2001 of the year, the Immortal stated this: “I know that the president, as a decent person, did not voice conversations with many of those politicians who promoted the“ cassette scandal ”(“ Today, ”21 of September 2000).

    Maybe from here
    The name of the Immortal was mentioned by Berezovsky when Boris Abramovich claimed that his money went to Yushchenko’s election campaign.

    as for the article itself - a torn context. The novel talked about the legal casuistry of the ATO and the war.
    He is generally "moderate" and not a hawk.
    But the Russian media have already trumpeted ...
    You can put anyone ... there saw a terrorist planted. And there’s an asterisk and a portrait of Putin .. and also a terrorist ..
    The legal base will fail.
  10. av58
    av58 17 October 2017 16: 55 New
    0
    Nothing terrible will happen to punishers: they will simply pass the law on the lawfulness of the use of armed forces in the "ATO Zone", and in fact decriminalize what has already been accomplished, is being accomplished, and what has yet to be accomplished. The law is not retroactive only if it introduces liability.
  11. Penzyac
    Penzyac 17 October 2017 18: 05 New
    0
    Quote: av58
    Nothing terrible will happen to punishers ...

    How to know, how to know ...
    Time will tell...
  12. privateer2000
    privateer2000 17 October 2017 22: 31 New
    0
    It seems that Sho Pan Turchinov and Pan Yaytsenyuk need to prepare a second passport and citizenship. Where? they know where.
  13. Cuba
    Cuba 21 October 2017 13: 55 New
    0
    Quote: Alegar
    All who participated in the genocide of the population of Donbass will answer!
    You are not aware that the TFR of Russia initiates criminal proceedings on all the facts of crimes in the Donbass!
    Criminal proceedings were also instituted against Turchinov, generals Muzhenko, Poltorak, etc.
    No one will get away from criminal punishment! Their crimes do not have a limitation period and the criminal prosecution will be up to the grave!

    Alas! ... they won’t judge anyone! ... Parashenki and egg-laying suck around the World, our government will again turn on a record about Ukrainian brothers, Ukrainians will moan sho they were deceived and innocent, and at our expense they will again raise and feed hohlostan .... sad it all !!