If Musharraf fails to honor this commitment, he is liable to pay a
penalty of Rs 2.5 million, according to the bond. Musharraf is due to
appear before the special court on Friday but there are murmurs from his
top aides about the likelihood of his appearance at the hearing....
Former Prime Minister Tymoshenko should not be yelling at the current Ukraine President from a Russia prison. She should be proposing how to approach a better economic outlook for the country. Russia has got reins on the Ukraine. The people of that nation have to realize no other nation is giving them a break and at the same time putting pre-conditions on trade. Trade with the EU is perceived as a threat by Russia. Why? There is absolutely no reason why The Ukraine can't trade with both Russia and Europe. Right now, the EU is being lazy and putting conditions on trade that is unrealistic and oppressive all by itself.
The Ukraine will never break out of it's doldrums so long as the EU is using it as a puppet to power.
I am trying to find what is so egregious of the 2004 constitution.
Article 3
The human being, his or her life and health, honor and dignity,
inviolability and security are recognized in Ukraine as the highest
social value.
Human rights and freedoms and their guarantees determine the essence
and orientation of the activity of the State. The State is answerable to
the individual for its activity. To affirm and ensure human rights and
freedoms is the main duty of the State.
Article 9
International treaties that are in force, agreed to be binding by the
Verkhovna Rada of Ukraine, are part of the national legislation of
Ukraine.
The conclusion of international treaties that contravene the
Constitution of Ukraine is possible only after introducing relevant
amendments to the Constitution of Ukraine.
Under Article 9 there is no reason why current trade relations with Russia can continue while incorporating new nations into trade laws. No other nation showed up at the doorstep of the Ukraine with billions of dollars.
There should be no political entanglements to cast the Ukraine into servitude to any other nation in order to gain economic consent. That is crazy. Just because the EU demands it, doesn't mean it is possible or best. There is no way the Ukraine should include an amendment in their constitution stating it will bargain for political prisoners in exchange for trade relations.
The Ukraine has to recruit other nations leaders to help free the Former Prime Minister. There is way of putting that kind of pressure on Russia. War is out of the question.
The 2004 Constitution even has an environmental provision.
Article 16
To ensure ecological safety and to maintain the ecological balance on
the territory of Ukraine, to overcome the consequences of the Chornobyl
catastrophe — a catastrophe of global scale, and to preserve the gene
pool of the Ukrainian people is the duty of the State.
Neither the West or Russia can set up a military base in the country. I like that part.
Article 17
...The creation and operation of any armed formations not envisaged by law are prohibited on the territory of Ukraine.
The location of foreign military bases shall not be permitted on the territory of Ukraine.
The Ukraine Constitution has an entire section dedicated to human rights. It is obvious they want to be a neutral country. So the idea they are going to fight Russia at some level to free a Former Prime Minister is not in their purview.
Chapter II: Human and Citizens' Rights, Freedoms and Duties
They have an article guaranteeing women equal standing. The USA never passed "The Equal Rights Amendment" and it is written into the Ukraine Constitution of 2004.
Article 24
...Equality of the rights of women and men is ensured: by providing women
with opportunities equal to those of men, in public and political, and
cultural activity, in obtaining education and in professional training,
in work and its remuneration; by special measures for the protection of
work and health of women; by establishing pension privileges, by
creating conditions that allow women to combine work and motherhood; by
legal protection, material and moral support of motherhood and
childhood, including the provision of paid leaves and other privileges
to pregnant women and mothers.
According to Article 25, Tymoshenko should not have been removed from the sovereign state of the Ukraine. Russia has the same type of protections for it's citizens, so this should be understood by Russia. Russia does not extradite. It should not have happened.
Article 25
...A citizen of Ukraine shall not be expelled from Ukraine or surrendered to another state....
This is interesting.
Article 31
Everyone is guaranteed privacy of mail, telephone conversations,
telegraph, and other correspondence. Exceptions shall be established
only by a court in cases envisaged by law, with the purpose of
preventing crime or ascertaining the truth in the course of the
investigation of a criminal case, if it is not possible to obtain
information by other means.
Article 33
...A citizen of Ukraine may not be deprived of the right to return to Ukraine at any time.
The people of the Ukraine have the right to freely organize political parties and express the parties aspirations. There is no reason for any oppression based in the 2004 constitution.
Article 37 provides for domestic tranquility, however, that article dissolves IF any public or political party seeks to liquidate the independence of the Ukraine. I don't see that Article 37 gives the state to oppress the people if they believe their rights throughout the rest of the constitution is being denied.
Article 37
The establishment and activity of political parties and public
associations are prohibited if their program goals or actions are aimed
at the liquidation of the independence of Ukraine, the change of the
constitutional order by violent means, the violation of the sovereignty
and territorial indivisibility of the State, the undermining of its
security, the unlawful seizure of state power, the propaganda of war and
of violence, the incitement of inter-ethnic, racial, or religious
enmity, and the encroachment on human rights and freedoms and the health
of the population.
Political parties and public associations shall not have paramilitary formations.
The creation and activity of organizational structures of political
parties shall not be permitted within bodies of executive and judicial
power and executive bodies of local self-government, in military
formations, and also in state enterprises, educational establishments
and other state institutions and organizations.
The prohibition of the activity of associations of citizens is exercised only through judicial procedure.
Citizens are guaranteed the right of protest, albeit, peaceful. The restriction placed on the people that spawned the protests are unconstitutional according to 2004. The restrictions are specific and it is about protecting the people, their. National security and public order is about safety of the citizens.
Article 39
Citizens have the right to assemble peacefully without arms and to
hold meetings, rallies, processions, and demonstrations, upon notifying
in advance the bodies of executive power or bodies of local
self-government.
Restrictions on the exercise of this right may be established by a
court in accordance with the law and only in the interests of national
security and public order, with the purpose of preventing disturbances
or crimes, protecting the health of the population, or protecting the
rights and freedoms of other persons.
They have consumer protections in their constitution. We should be so lucky.
Article 42
Everyone has the right to entrepreneurial activity that is not prohibited by law.
The entrepreneurial activity of deputies, officials, and officers of
bodies of state power and of bodies of local self-government is
restricted by law.
The State ensures the protection of competition in entrepreneurial
activity. The abuse of a monopolistic position in the market, the
unlawful restriction of competition, and unfair competition, shall not
be permitted. The types and limits of monopolies are determined by law.
The State protects the rights of consumers, exercises control over
the quality and safety of products and of all types of services and
work, and promotes the activity of public consumer associations.
They have labor protections, the right to work, the right to organize, protections from unlawful dismissal and a right to timely pay. It demands days off during every week for rest. It demands paid vacations. Disability laws. They have a right to own property.
Article 48
Everyone has the right to a standard of living sufficient for himself
or herself and his or her family that includes adequate nutrition,
clothing, and housing.
Homelessness is illegal which explains the labor laws. The constitution does not encourage dependency, it encourages a work ethic as a demand on employers. Very interesting.
Article 49
Everyone has the right to health protection, medical care, and medical insurance.
Health protection is ensured through state funding of the relevant
socio-economic, medical and sanitary, health improvement, and
prophylactic programs.
The State creates conditions for effective medical service accessible
to all citizens. State and communal health protection institutions
provide medical care free of charge; the existing network of such
institutions shall not be reduced. The State promotes the development of
medical institutions of all forms of ownership.
The State provides for the development of physical culture and sports, and ensures sanitary-epidemic welfare.
Children have constitutional rights.
Article 52
Children are equal in their rights regardless of their origin and whether they are born in or out of wedlock....
Article 53
Everyone has the right to education.
Complete general secondary education is compulsory....
...Citizens have the right to obtain free higher education in state and communal educational establishments on a competitive basis....
The 2004 constitution does not require mandatory military service. The rest of the 2004 constitution is extensive and outlines the legislature, etc. House keeping primarily.
It seems to me the 2004 constitution protects citizens, provides for their upward movement with every opportunity open to them, it protects their lives through health measures from the time they are children.
It allows for the protection of freedom by the people through demonstrations of peaceful measure, but, when the rights of citizens are threatened they have a right to dissolve the peaceful protests and protect themselves from an egregious government.
Under this constitution the Prime Minister could not be extradited to Russia and it is that reality that brings the right of allies of the Ukraine to put pressure on Russia to honor the constitution of the Ukraine. I see no obstruction to the Ukraine having many trading partners.
If the people want this back, they should have it and the Former Prime Minister should rely on it to send her back home.
The current President and legislature is in the mood to roll back 'bad law' and decisions, I suggest the Ukraine allies take advantage of that and bring the Former Prime Minister home.
There is nothing safe about that. Do the advocates actually understand and care. They certainly don't respect the work of American scientists.
