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tv   [untitled]    December 28, 2023 11:30am-12:01pm EET

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well, gentlemen, we are coming back, we will now have a conversation with andrii maghera, a well-known ukrainian constitutionalist, an expert at the center for political and legal reforms, we will talk a little about the legal aspects of the new law on mobilization, it is not even... not one law, there are many amendments to various laws of ukraine, including there to the criminal code and so on, there are many interesting points that are already being talked about today, for example, tetyana nikolayenko, a well-known investigative journalist from censornet, wrote that one of moments, it is that on the one hand the law enforcement officers will be able to be mobilized, because now the law enforcement officers are actually exempted from mobilization, but this... the very procedure of how they
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can be mobilized, even before there were, for example, stories when people were taken there from nabo or precisely from sap, i.e. precisely those people who were engaged in high-profile investigations, and one could suspect that it was precisely those involved in these investigations who were behind this, those who actually humiliated those people, so to speak, by sending them to the front . we also see similar situations, even new ones powers, for example, in small towns or village councils. in the otg, when in the territorial communities, the leaders, in fact , having some connections with the local tsk, actually establish such a kind of dictatorship, when everyone, all of any opposition can be just as easily sent to the front under mobilization and, accordingly, you can establish any -what order, for example, in the local council or any other authorities, and not have any problems, or threaten others with the same. themselves, that is, there are many questions
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about how this can and should be implemented mobilization, will it be fair, this mobilization, in the end, will it , will it not bleed , once again ukrainian business, which survives very hard anyway, without it, in fact, we can see what the situation can be, if we completely rely only on the western we already have help from vice prime minister sveredenko. the statement that maybe in january february nobody gets a pension, none of the state employees they get salaries simply because it was fully paid with the taxpayers of the united states, and we are talking about it in the principle has been saying for two years that this aid should not be taken as a given, as something that will be available 100 percent and every month, nevertheless, the ministry of finance and... and
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the corresponding office of the president, we, for example, have always been based on such scenarios , we see that the extension of gas benefits for the population has been approved for another six months, and this means that the prices that exist now do not correspond to market realities, that is , it is also covered from the budget, covered several times, the total amount compensation for the population for gas is 400 million hryvnias, this is a fantastic, huge amount, and this, can the country afford it, could and can, while they are ready to compensate for it, in fact, the united states, the european union, but for a country that is at war, that is fighting, well at least to the minister of finance to say, let the army tell me where to get money for the army, it ’s me, me, to be honest, i just don’t have
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the words to comment on this, that is, you want to continue to engage in populism, and the military should stop at the front the influx of russians, i simply do not understand this minister, and whether he is real affects something, this is also a big question for me, i also want to, but there is already, mr. andrii magera is already with us, mr. andriyu, good day to you, yes, i congratulate you. mr. andrii, we wanted to talk first of all about the new draft law, which has a chance to become a law in the near future , on mobilization, it is actually a package of targeted amendments to ukrainian legislation, have you or have you managed to familiarize yourself with it and do you agree, in particular, with the assessment of the ombudsman of ukrainian affairs of the authorized person of the verkhovna rada about the fact that there are norms which directly contradict the constitution of ukraine. i think we can agree. with the ukrainian
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shoemaker, that the draft law is far from ideal, to put it mildly, i will immediately put all the dots above and, first of all, the need for... the draft law is definitely there, no one denies the need for the issue of mobilization to be better regulated , and the mobilization itself must take place during the war, we will not get anywhere from this, although it is not a popular measure. the second point, the bill itself in the form in which it is submitted, it is obvious that it cannot be adopted, it must be finalized urgently, the cabinet of ministers must finalize it. and even better, let the president of ukraine introduce it, because it is a direct function of the head of state, and the fact that the president did not submit it probably says a lot, probably the president did not want to take responsibility for such a crude and poor-quality document , that is, it is certain, but you
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have probably heard the statement of the minister of finance that, for this mobilization, let the military still think of where to get money, is it... in some authority of the military to build these are the ones who still don't know how to look for money in order to carry out the mobilization, how to evaluate it in general? certainly, the military should not think about where to get money, that is why we elect the government, the president, the parliament, a one-party government is formed, they should think about where to get money from, that is their task , if they cannot do this, they should frankly tell the country, that we cannot do it and... let's form another government, maybe a government of national unity or any other, but this is definitely not the task of the armed forces of ukraine, not the task commander-in-chief of the armed forces valery zaluzhyn. i just saw behind it some other, literally, how to say it, not even
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an imbalance of power, but some kind of isolation of power, from reality, on the one hand, well, that is, if the minister of... finance asks such questions to the military, i then i just wonder if he is really the minister of finance, if he has all the information on budget expenditures, if he understands what the situation is in the country, that is, if it is or is it really the government, i don't know, maybe it is what we have and what we don't have is a professional government it is visible to many unarmed mokos, it is not discussed here, but this same government... was formed by someone, it was formed by the parliament from the parliamentary coalition, led by the party, i am not even the one who is led by the party, but exclusively by the party power, the party of the president of ukraine, that is, someone must be responsible for this government, both the president and the parliament,
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that is, the parliamentary party of power, they must be directly responsible for this government, if this government cannot cope with its duties, form another government, but such... the responsibility of the statement of the minister of finance that he is not there, does not have funds and so on, but you already agree among yourselves there, the minister of finance is a member of the cabinet of ministers, and the cabinet of ministers submitted a draft law on its changes to a number of legislative acts, that is, well there is some logic here, i am interested to know whether the minister of finance voted for this project at the cabinet meeting or not, but it is interesting to know his position during the vote, well, absolutely there should have been some financial justification there and his signature should have been there under this analysis, yes, of course, er, miracles in a word, in general , it seems to me that valery pekar has successfully formulated the question that faces the task of mobilizing the country, this
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question itself, first of all, is political and managerial, that is, managerial, or the country in principle , is able to ensure this effective mobilization , what we are saying now, and on the other hand,... the political aspect is also a question of the fairness of mobilization, in your opinion, is this draft law, there is an answer to the first question, as on levels of state administration to ensure this level of mobilization, and the second is the question of making this mobilization seem fair to all ukrainians, so it is indeed a very valid question, and here i will emphasize once again, to this question... the expediency of mobilization does not cause any doubt in me, i i hope you too, i think that most ukrainian citizens understand that this is necessary, but the issue of social justice is very acute, and if someone says that someone or a significant number of people do not have
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motivation, then motivate them. provide social justice, when for example, excuse me, i will use such a word, nerd, itishnik. he's such a grumpy guy, but he brings in huge budget funds, pays taxes, donates to the armed forces of ukraine, he should understand that... that when he goes for the mobilization of the armed forces of ukraine, it's exactly the same, the same obligation applies on healthy boys, young bullies who play football in regular football competitions of ukraine. this should apply to everyone, without exception. regular football cannot take place in ukraine championship at different levels while the war continues. well, it's difficult, it's difficult to explain such moments, then the question of social issues arises. justice, and yes, such questions should not arise in society, that is, there should be one law for everyone, so this is
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a very important nuance, and if we are talking about, for example, quantitative indicators of mobilization, this is definitely such a request made by the general staff of the armed forces of ukraine, they see these moments for themselves, but again, if we are talking about adults, and not as aristovych told us, two or three weeks and the war will end, two or three weeks, the war for, no, this is a war for years, if the war is for years, then unfortunately, we cannot avoid mobilization, and this, well, this, this is a forced measure, we must understand this, at the same time , it should be social justice, the second point, the same government, and not the armed forces of ukraine, should think about high-tech weapons, so that , after all, the less, the more such weapons are... the capabilities of ukraine, the less will die at the front our protectors. well, in my opinion, it is, even for me, a person
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who does not have a military education, it is obvious thing that can be noticed. it seems to me that there is still such a feeling in the issue of justice, and i think that it is shared by many, that if, for example, this is what our colleague tetyana nikolayenko has written now, that if, for example, there will be a norm that it is possible prosecutors should also be mobilized, saps, which are currently investigating some corruption cases in the first place, and this in fact intensifies this feeling of injustice from the new law, just as, for example, on the one hand, i absolutely understand that the involvement of local self-government bodies in mobilization processes, it will help a lot, and on the other hand, even now, even without these powers, we see that somewhere in, for example, local communities. sometimes a literal dictatorship is established, when entire opposition factions, for example, there in the otg
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, are sent to the front so that they do not speak much, and this is also a huge problem, yes, i have also heard of such cases, and unfortunately, they take place, and in including, when in fact this issue is quite complex, when the state takes huge funds from local self-government, then the respective heads, the heads of... communities become largely dependent on state power, on state power bodies, and therefore, including , this powerful political vertical, unfortunately, it affects local self-government bodies as well, and that is why we have cases when there really are some opposition deputies of local councils do not agree, er, that is, they consider this as a punishment for them, that is, you do not agree with our position, so we will mobilize you or not? some other cases, but at the same time we should not forget that the local council, it must also function during the war, and
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the law on the legal regime of martial law clearly states that local councils continue to exercise their powers, especially in those areas that are not under occupation, they must approve the budget, they must form the composition of the executive committee, they must program of development to approve, that is, they have to do this work, someone has to do it, i am not sure that it would be better to do it in... the administration, i have very big doubts about this issue, by the way, about military administrations, we have now a trend where a lot of regional, in particular , cities found themselves, especially if we are talking about sumy or chernihiv, a situation where there is a duplication of executive functions, well, in sumy , direct presidential rule in the city has actually been established, is it normal for you? .. point of view, is this not already a violation of the constitution and does it contribute
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, i think, i think that here it is necessary to proceed from proportionality for thunderstorms that exist, if the settlement is close to the state border of ukraine, the ukrainian-russian border there really has factor the military prevails, and obviously this must be taken into account, this is one situation, but when it comes to a city somewhere in zakarpattia or in lviv oblasts or in chernivtsi, well, in mukachevo. we did not treat this, but in the 11th chapter of the constitution of ukraine. it is clearly stated that local councils approve the budget, none other than local councils, so in all those cases when military administrations approved the budget, for example, the lviv regional budget, this is also a known fact, well, in my opinion, it is somewhere on border with ignoring the constitution of ukraine. i will not talk about the obvious, such a
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categorical conclusion that it contradicts the constitution, to put it mildly, but it is somewhere on the borderline. very seriously on the border, so i think we definitely do not need such cases, if we were to produce for the future, local councils should function, perhaps it makes sense to mobilize some of the deputies of local councils who have military experience, military ranks and so on, but with that , so that the quorum of such a council is not violated, so that the council is legitimate and empowered to work, to make decisions, well, i’m so on... finally, to sum up, i’ll turn to valery pekar’s post again, it seems to me that he rightly says that when it comes to mobilization, there can be an effective or an authoritarian model demonstrated by the russian the federation, when there are some serious repressive measures, and they are somehow carried out, well, there we see on the example of russia, or
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then there should be some kind of democratic model, while in the opinion of ... even the baker in ukraine , there is a kind of mixed model right away several different countries in one, so to speak the country and on the one hand there is centralization of power and on the other hand the country, well , they mention saltykov's generosity that the severity of laws is softened by the optionality of their execution. i don't know if this will also be the fate of this law on mobilization and if it will not be just another way to create a corrupt environment only in matters of mobilization at the state level. if such huge fines appear, and these
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fines are imposed by the procurement center, and not by the courts, then i think there will be a corruption component. quite seriously of course, in an authoritarian or totalitarian state, for example, which is the russian federation now, it is very easy and simple to carry out mobilization, it is all done under fear, exclusively under fear, plus propaganda, if we are talking about a democratic state, can it be effective here mobilization, maybe, if this democratic state complies in its activities with all the principles of the rule of law, that is, when there is... an accountable government, when the parliament does not remove itself from the parliamentary control over the executive power, and when only those democratic rights and freedoms that are really necessary to do so during martial law are curtailed. and the most important factor is social justice, that is,
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the request for social justice must be implemented. all these factors add up, they make up motivation. military personnel or those mobilized or conscripted there in a democratic state, if they give birth , generate motivation to protect the homeland, i think that these factors cannot be neglected, but until there is a request for social justice, we will have problems with mobilization, unfortunately, it is so, well, thank you very much for the conversation, andrii mager, expert of the center. of political and legal reforms , they talked with us about aspects of the future law on mobilization, well, now let's talk about a man, a politician who became a sergeant of the tenth separate mountain assault brigade edelweiss, stepan barna, until 2023, ukrainians knew him as a people's deputy, ex- chairman of ternopil of the state
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administration, but now he has put on pixel and defends our state. stepan barna, nowadays sergeant of the 10th separate edelweiss mountain assault brigade, and until 2023 ukrainians knew him as a people's deputy, ex-head of the ternopil regional state administration, philanthropist, entrepreneur and scientist. now, instead of a high position, he holds the title of defender of ukraine. recalling the past, stepan says: being a politician is not a choice, a vocation. but now he calls military service his duty. i was aware that there would be a war. all the time i was convinced that this war would be full-scale with russia, i did not believe in the fact that russia will calmly... put up with the existence of a ukrainian state. 10 years ago, when the first shots rang out in the east of ukraine, stepan barna was engaged in politics, while actively helping the front. he says that
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he always understood that the priority for the development of ukraine is a strong army. it was then, in the 14th year, that my brother oleg barna volunteered to fight. instead, stepan became a reservist. this was the formation of the brigade itself in order to, while still in the status of the head of the regional state administration. i tried to popularize the service in the reserve, already after after he left the post of chairman, he went to a meeting of reservists, and there he signed the contract of the operational reserve of the first line with the edelweiss brigade, and accordingly, when the war began, a full-scale attack, there was a presidential decree on the mobilization of reservists, well, he was mobilized in his unit. remembers, he was most worried about how he should fight in winter, because he does not like the cold, being in a position in the middle of winter is the most difficult for a soldier, but the man
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has been wintering at the front for the second year. in the first days, our brigade was transferred to the border with belarus, and then already in march, at the beginning of march, we were in the area of ​​zhytomyr and kyiv regions. that is, i met the war already in the zhytomyr region. and from may 2022 , the brigade was transferred to donbas. the fighter says: his main motivation is to ensure peace and finally separate from russia. and if this does not happen, then there is a possibility that this is not the extreme generation that fights with the aggressor, and worst of all - dies. stepan's brother oleg barna already gave his life fighting the aggressor. a well-known politician and an ardent defender of everything ukrainian. varied patriotism and categorical attitude towards russia. in the future, stepan barna sees ukraine as a full-fledged member of the european union, in the unified
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nato collective security system, with the preservation of national traditions and the development of new ones. so that children have the opportunity to develop here, learn, get an education, get housing, create a business, work in a field that will be comfortable and interesting for them. well, and for the country to be for life, from the new year he expects a peaceful sky and ukraine's victory over the enemy, a peaceful sky, faith in the great future of ukraine, faith in the fact that ukraine will be an independent, cathedral state, and we will become a full-fledged european country. faith that this land will be the best for our children and for our future. stepan barna has been in
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the war for 21 months, he dreams most of all to return home, he says, his relatives are waiting for him here, and at the same time there is a lot of work on the consequences of the war, which must be eliminated. dear friends, in order for everything that stepan barna says to come true, we must help our military, so join our gathering. you and i collected uah 1,900 this morning, but we need it in total 1.22000 to collect and of that 1.220 thousand we have less than 60 thousand left, it's nice that we are moving towards our goal, scan the qr code, transfer your funds, join our collection, let's make the announcement of the stop collection as fast as possible, thank you , that you were with us today, spent this day, we will be back on the air tomorrow, here... 10 andriy saichuk and lesya vakulyuk worked in this studio for you, we will be happy to see you tomorrow at espresso, have breakfast tomorrow and today and stay today because eteres presso
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a car caught fire. a six-year-old woman from injuries received by...

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