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tv   [untitled]    May 12, 2024 2:30pm-3:01pm EEST

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where did you get the strength, mom, tell me, to do everything , to hide in it, to stay awake to teach, to sympathize with me , as young as you were, every day, despite work, affairs, school, to find time for our friendship, i will not forget it's never, now i know, it's love, you don't call, and i'm already scared, you're the closest in the world, mom, and i'm terribly grateful for everything. so we are back, as promised, we are talking about the protection of the right to property, free choice and other rights in our country. to this end, we are adding radyslav tkachenko, a lawyer, to our broadcast. and mr radislav, glory to ukraine. glory to heroes. good day. we have several questions for you regarding this topic. and we know that ukraine, as a state, is a member of the council. europe
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is obliged to comply with the norms regarding the observance of human rights provided for by the european convention on human rights and fundamental freedoms. so, what kind of convention is this, how does it define human rights in our country? look, the convention itself is an international agreement that defines fundamental human rights recognized by all democratic countries, for example, the right to life, the right to freedom, personal integrity, this is... the right to a fair trial, the right to non-interference in private and family life and many, many other rights, and ukraine, as one of the countries of the council of europe, has undertaken to guarantee all people, regardless of citizenship, who are its territory, that it will guarantee them these fundamental rights, they, in particular, are also enshrined in our constitution, so it cannot be said that this is some unique set of rights that exists only in this convention, no, but the convention itself is to.. . additional
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such a mechanism, an additional guarantee, how can these rights be protected in ukraine, if they are violated in ukraine, such a person can apply to the european court of human rights in order to protect them, thanks, ukraine has recently officially announced strasbourg, that in the future , the obligations of the ukrainian government will not apply to its territory, well, in compliance with certain articles. which we are talking about now, and firstly, which article is this, and secondly, how in general is this convention prescribed, for example, the observance of certain articles and obligations in the event of a full-scale war, is it written there? er, here it is very important not to mislead ourselves by claiming that ukraine only informed the council of europe in april of 2024 that it would not be able to... guarantee certain
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human rights on its territory, we started to deviate from its obligations to respect certain rights for quite some time, back in 2015, when the war in ukraine started, in essence, ukraine announced that in the temporarily occupied territories, it is very important that it is precisely in these territories that it does not will be able to fully guarantee its obligations to provide people with the right to freedom and personal integrity, the right to a fair trial, and the right to respect. to private family life and to rights and the right to effective legal remedies, i.e. since the 15th year, ukraine has reported that it cannot effectively ensure these rights, but only in the temporarily occupied territories. starting with the full-scale invasion of the 22nd year, ukraine reported that it could no longer provide a whole range of rights, and in addition to the ones i've already listed, of which i think... the most
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important are the right to a fair trial and the right to an effective remedy, ukraine has also indicated that it should withdraw from its safeguards obligations such rights as respect, to private family life, to freedom of assembly, the right to private property, the right to freedom of movement and many, many other rights, that is, the war itself forces ukraine to engage in such measures, to indicate to the european community that because of the military invasion we simply cannot to effectively ensure these basic rights on our territory, and what happened in april, in april of this year, is not that ukraine backed away from its obligations, that it will not provide any rights, no, just in april ukraine once again repeated that due to the fact that the military aggression continues and it creates huge risks. for the state,
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such a state cannot continue to guarantee the protection of certain rights, but here is a very important thing, mr. radislav, and what i asked you, how are such ... force majeure prescribed there circumstances like full-scale war in the convention? directly in the convention there is no reference to the fact that the state, which is, that there are such circumstances which, namely war, which allows not to fulfill certain obligations, however , the convention provides that the state, if it is forced due to some objective circumstances withdraw from its obligations, it can do so, but for this there must be certain conditions. objective circumstances and objective criteria due to which the state should deviate from such rights, and from and from its obligations. at the same time, i want to emphasize because it was in april that ukraine announced not only that it continues to withdraw from certain rights, but also that it reduced the number
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of rights from which it withdraws, that is, it begins to guarantee people such rights again, as the first is the prohibition of their work , secondly, we have restored the state's obligation to guarantee freedom of thought and speech, freedom of conscience and religion, thirdly, we have restored the obligation to guarantee the rights to effective legal remedies, and fourthly, there are restrictions on the political activity of foreigners, but i would like to your attention to the fact that the council of europe itself, the european court of human rights has repeatedly emphasized that even despite the war, the state must still ensure two basic rights, this right is a fair trial, which cannot be limited even under martial law , and the second is the right to effective legal remedies, which ukraine has already renewed its guarantees that it will respect this very right. of course,
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but in this case, is there any mechanism, any obligation that says that here, for example, in case there, from the termination hostilities, not even a peace agreement, simply. well, let's say a ceasefire, after which the state must return it in full or not, or wait for the full one, well, that is, there is some mechanism to return in all volumes the fulfillment of all rights and freedoms guaranteed by the convention, it is somehow spelled out in the terms , uh, look, there are no concrete terms, but there are objective factors that we can take into account, yes, if we remember the beginning of 2022, the beginning of the full-scale second... actually took place in the country, yes, no one understood what was happening, what to do, people united, to some extent chaotically, and the state, to a certain extent, could not guarantee that in its entire territory it would not be able to guarantee compliance with the rights provided for in the convention, and here, by the way, is your question
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quite valid, because already today, when we say so, unfortunately, ukrainians are already used to living in the conditions in which we live, i think that until... it would be quite objective that ukraine would guarantee the fulfillment of its obligations "yazan for the convention, to guarantee people their rights in those territories where hostilities are taking place are not conducted where ukraine effectively controls these territories, and there are no risks of martial law to such an extent as in the front-line territories and temporarily occupied territories, and these are, in particular, the same rights as the right to a fair trial and private property, and the right out of respect for privacy. family life and so on, that is, these basic things that ukraine can guarantee in the territories where there are no active hostilities, in my opinion, should take place already today, well, mr. radislav, one more question about the consequences, whether such a refusal can have, if so, what consequences for
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the country and for ukrainians, look, the fact that ukraine withdraws from its... obligations to observe human rights, which are defined by the convention, does not mean that ukraine will not observe them. ukraine can take actions in order to observe human rights, because it is the duty of the state to provide its citizens, and not only citizens, foreigners, in other words stateless people who are staying on the territory, these fundamental rights. and here it is very important for us that there are rights that should the state to provide even despite the martial law. for example, the right to a fair trial, but we now have, in my opinion, a huge problem with ensuring this right in the territories that ukraine effectively controls, because , unfortunately, ukrainians today face the situation when, in particular, for example, in criminal proceedings, they cannot
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get the right to a fair trial, even if criminal proceedings against them are carried out in lviv, kyiv, ivanofrankivsk, i.e. in the territories that the ukrainian government effectively controls what it is about... it can be traced, for example, in the fact that prosecutors, investigators can conduct searches without a court decision, it is traced in the fact that today the courts somehow... for incomprehensible reasons, assign bail to suspects, which they objectively will not be able to pay, because of this the deprivation of people's freedom becomes simply unalternative, they can't go anywhere, because they simply can't pay the deposit, for which they need to work for 400 years of their lives, and these things, they are objectively necessary for provision already right now, even our constitution says that you cannot deprive a person in military conditions. the right to judicial protection of their rights, and we are talking about the fact that
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it is necessary to distinguish very clearly this territorial action, where ukraine can ensure the right by a fair court, and where it cannot, and for me personally , the decision of the supreme court of france in the case konstantin zhivago, who pointed out that the ukrainian government cannot guarantee a fair trial, even in the territories it objectively controls, in particular in kyiv, where is conducted appropriate criminal proceedings, and this is a very important indicator for us to demand that the authorities ensure that our rights are ensured, that it is not the case that the law enforcement officers or any other public officials think that the war can write off all those violations, all these encroachments on our rights, because we differ from the country of the aggressor in that we want to be a democratic state, that we want to be a legal state, we want to be a state that rules... law and respect for people, because people are the most important thing is in our country, and this message must be conveyed to all those who can
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make decisions to limit human rights in our country in any way. if i may just conclude, you and i know that the enemy works quite seriously in terms of these rights, but you just mentioned, among the listed rights, including... the right to religious beliefs, where the church is clearly separated from the state, we see how in the west the russians are working with the fact that in ukraine, for example, the persecution of the moscow church takes place as if it were a church, and this is manipulation, that is how our partners from the council of europe understand that there is a change of concepts, here the question is about national security, and not about the persecution of some church, or, for example, the same story, which will be maximally under... opening on may 21, it will be a new mass information campaign that ukrainians were taken away
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, usurped the right to elections, so the enemy is also preparing for this, although we are clearly aware that there cannot be any elections in the occupied and front-line territories, as far as this is also understood by our partners from the council of europe and will fight off another information campaign from the enemy i think ours the partners understand perfectly well that the war brings, let's say, challenges for democracy, in order to ensure human rights, in particular, regarding the right to free elections and the right to freedom of conscience and religious beliefs, but in my opinion here it is important to understand that our partners and our ukrainian citizens must understand that... between human rights and between the tasks of the state in
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the form of preserving sovereignty, it is always necessary to find a balance, that is, one cannot say that one right is absolute, then we we should completely forget about the fact that we need to protect our state sovereignty and similar and other similar things, here we need to approach these issues sensibly and understand that really the issue of... freedom of conscience is very important for all citizens who, let's say so , make decisions about their faith and so on, and issues with the conditional moscow patriarchate or such other things, they can be resolved democratically within the framework of the state, including by the courts, which, for example, recently the supreme court of ukraine made a decision regarding how ukrainian parishioners should determine their affiliation to one or another patriarchate. that is, these disputes, they can, can be resolved in ukraine, it is just
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necessary that we all think ahead, and think about which, who benefits from covering our country in a bad, bad light regarding such things, and of course, wants, we want you thank you for the clarification, expert, rodyslav tkachenko, the lawyer was in touch with our studio and talked about what they tried to make the next big one. informative such, and what happened, and then it turned out that this is all that everything has already been, has already been, and even part of certain things that had to be, well, not observed and in connection with the full. the large-scale invasion managed to roll back to those basic signed documents, where there is an obligation of ukraine and the government to comply, so we have a short pause, then we will return and we ask you to stay with us, because we still have a lot of interesting and important information. what is bahmud?
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is bahmud a place of fear? and the place of bravery, no matter what anyone says, but bravery is not lack of fear, bahmud is the adventure that will remain with us until the end, our days, children born in the era of independence, who are they, there are many of them, and they are strong and brave, they are the guardians of the traditions and martial arts of their ancestors, these are boys, who never cry lemberk, mother, don't cry. a book by the writer olena cherninka. a mother's book about her son, a hero who was one of the first to volunteer to defend ukraine and went missing in the vast expanses of donbas. the main event
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of world boxing only on megodog. invincible usyk and fury will decide. the first absolute world champion in super heavyweight since 2000, cheer for the ukrainian on may 18, exclusively on soft, there are discounts represented by coco may discounts on paforte knife 15% in pharmacies of travel memories and savings. have you never seen a classic in underwear, or something? i wrote a children's poem here, will you listen? the tractor in the field is dir-dir, so why do we have peace? there are discounts represented by may's coco discounts on valeriana bulgarian tablets 10% in pharmacies plantain bam and oshkad. sharp presentation of facts and competent thoughts. information marathon with mykola veresny: saturday - 5:10 p.m., sunday 6:15 p.m. events, events that are happening right
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now and affect our lives. news, of course. the tape informs about them, but it is not enough to know what is happening, it is necessary to understand. antin borkovskii and invited experts soberly assess the events, analyze them, modeling our future. every saturday at 13:10 with a repeat at 22:00. studio event with anton borkovsky at espresso. vasyl zima's big broadcast. two hours of airtime, two hours of your time, two hours. to learn about war and what the world is about, two hours to keep up with economic news and sports news, two hours in the company of favorite presenters, presenters who have become like-minded to many, as well as distinguished guests of the studio, events of the day in two hours, vasyl zima's big broadcast, a project for the intelligent and those who care, in the evening over espresso.
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taking the wounded from the battlefield in time means saving his life. from bc, a ride for the boys, a quad bike - this is the way from zero to our life. at this stage of the war, an atv is the best solution for evacuating the wounded from scratch. we urge everyone to donate to the collection from zero to life on a quad bike for the 93rd kholodnyi yar brigade in the direction of chasiv yar. the police report that the situation in the kharkiv region in the vicinity of vovchansk has worsened. sharp cartouches also claim that the fighting in the kharkiv region continues and due to the heavy pressure of the russians, some of our defenders had to withdraw from some positions, this is actually information from the unit, they say that at 2 p.m., that is, literally less than an hour ago , the battle for the settlement began deep, which they say is of strategic importance, they say
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that russians are dying in droves, so this is the situation there, in the meantime... returning to the special operation, which in belgorod with the explosion and the collapse of the entrance, is gaining more and more momentum, shots from the russian tv channel ntv, it used to be quite independent and private, so at that time ntv personnel, 1999, guryanova street, moscow city, identical, absolutely the collapse of the entrance and the explosion, we already showed it, so the russians themselves have already started ... they know how to at least compare a photo from the terrorist attacks carried out by the fsb and the collapse of the entrance to the house, it is quite likely that this is the work of russian hands. with reference to the armed forces of ukraine for informational purposes. we still want to tell you something, in particular about the de facto leader of the ukrainian auto industry,
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which works independently, even during military operations, this is about the kremenchug automobile plant, well, it is known to the whole world for its krazes, in particular , after the beginning of the full-scale invasion , it became state property. why did this happen and what is the fate of the company now researched? the full-scale invasion of ukraine has been going on for the third year, our military is going all out, doing the impossible, but unfortunately, the position of the ukrainian army at the front has not gotten better, the enemy has a quantitative advantage in everything, from manpower to shells and equipment, they are simply destroying us that's all, they just destroy. we are there and that's all, they are pouring a lot of shells, they release 10 for one of our shells, one of the main reasons is that aid to ukraine from the allies is often late, so the development of its own military
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of the complex became almost the main task of the entire rear of our state. the ukrainian defense-industrial complex meets only part of the needs of the ukrainian army. some say that it meets their needs by a maximum of 8%. others say that in certain categories, when there... we are talking about such new areas as the creation of fpv drones, there the need is met by 50 to 70 percent. in order to accelerate defense production and protect it from invaders, in 2022 the government of ukraine launched two programs: business relocation to safe regions and withdrawal of strategic enterprises for the benefit of the state. the decision on alienation into state ownership of assets of strategically important state enterprises. 6.11 there was a disposal of strategically important assets. including motorsich, zaporizhia transformer, avtokras, ukrnafta, ukrtatnafta. to date, neither we nor lawyers have seen any official
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document on this account. i haven't seen the official one, is it withdrawal or is it nationalization. this is roman chernyak, before the removal of autocracy in favor of the state, he was a general director of the enterprise, has the honorary title of honored machine builder of ukraine. our products were completely... competitive in the world market, we competed directly in the same thailand, there were more than 10 companies, entered the tender at the same time, at the last stage we were left with man together, in which we won man, and in the royal- for the first time in history, the thai army was accompanied by beautiful cars. roman chernyak from sumy mentions the samples he... produced for the defense needs of ukraine, in particular the chassis for the famous coastal missile complex neptune, which sank the flagship of the enemy black sea fleet, cruiser moskva, as well as
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the power plant for the bohdan submarine, which played a key role in the expulsion of russian troops from zmiiny island. more than 50 types of names of various weapons were mastered by kraz in various degrees. latest developments. that we made are combat vehicles, it is based on the bm-21 grad installation, er, the car we made with a two-row cab, where the crew is completely under the roof, and despite numerous developments and exports, the plant was in in a difficult situation, the company received meager state orders for defense products and those at low prices, which complicated the situation with terms of performance, and debts to creditors were given. in 2020, the deposit guarantee fund put the plant's property up for sale. at that time, autocrash debts reached
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uah 10.5 billion. in certain years, when there were weak, long-distance exports, the supply to russia was 95%. i had to give up just like that once, both from suppliers and from suppliers not only in russia, russia, belarus, kazakhstan. avtokras deliberately refused the russian market with the beginning of the war in 2014, and instead of supporting the company in difficult conditions, continues roman chernyak, the state in the form of the ministry of defense and ukroboronprom, on the contrary , minimized the finances directed to the plant. the regimental agricultural machine, we made it together with the klyukiv factory, it was made by the military. they ordered this car for us, we made it, invested tens of thousands of dollars in it, because it is an armored car,
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tested it, that's all. put on weapons, then the military are throwing up their hands, we don't have money, and this is not the first need, that's the way it is. it turns out, there were supposedly orders, but later they were simply refused, as reported by the military internet resource, in 2021 autokras delivered only three trucks to the defense forces. in the 14th year, i will say, we had a lot of patriotism and worked on patriotism when we came to power... svynarchuks, all of them immediately became businessmen. everything would change with the start of a full-scale russian invasion. enterprise that developed dozens of samples of power plants for the armed forces, was waiting for the qualitative restoration of work with the participation of the state. however, at the end of 2022, the state simply withdrew 100% of autocraz shares and transferred the company to the ministry of defense. a year and a half has passed, and
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has it benefited the armed forces by force? alienation of autocrash capacities is not known for sure. currently, due to the war, the ministry of defense almost does not disclose data on the recovery of the enterprise, and in response to our information request, it reported that significant the management of the joint-stock company underwent changes. since the alienation of the aforementioned corporate rights in favor of the state, the ministry of defense, as a representative of the shareholder, the state, ensured that the necessary changes were made to the founding documents. companies, the election of a new composition of their management bodies, the supervisory board, the executive body, and operational control over the company, which created conditions for effective management of corporate rights and prompt response to the needs of the state in the conditions of martial law. and what about efficient production in conditions of war? we visited kremenchuk and found out that the plant continues to work,
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we learned from our own sources that... the team receives a salary, but the loading of autocraze is far from its production capacity. the company fulfills orders for defense needs, in particular in cooperation with other domestic companies, for example, with ukrainian armored vehicles - its director vladyslav belbas said in an interview with apostrophe tv. we have now started, for example, work with the kras state plant. and we, as the initiator of this work, but... and let's say so, and the implementer, that is, it is somehow controlled, and it is stimulated, and this, let's say, a certain implementation, common. a certain implementation is the order of hundreds of pieces of equipment, while most of the contracts for the manufacture and supply of power plants for the ukrainian army since 2014 were performed by czech and even belarusian manufacturers tatra and mas. exits
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instead of loading. the work of a domestic enterprise, the state purchased equipment, in particular from one of the countries that became the aggressor, and the european manufacturer significantly overpaid for it, now tatra continues to receive most of the orders for the chassis, how can you buy such a beauty 8:8 for 100 00 dollars, and here literally a small period of time passes and the following car is already delivered by tatra for 350 there... the so-called nationalization did not affect and for the modernization of the autocrash, the equipment, as in the last 10 years, is almost not updated, moreover, the plant in kremenchuk is constantly exposed to enemy fire, the government never included the enterprise in the business relocation program, safer regions. some enterprises continue located in places that are vulnerable to impact, the relocation of these enterprises
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remains a significant problem. neither minstratekhprom, nor ukroboronprom there, nor the ministry of defense, in fact, did not contribute to the fact that these enterprises were relocated to safe places. meanwhile , the need for the plant's products at the front did not disappear anywhere. volunteers are looking for military vehicles abroad in order to convert them and transfer them to the frontline soldiers, and therefore the plant's capacity is currently not being used enough, and the domestic military industry. there is room to grow
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in ukraine at 3:00 p.m. and for your attention , a news release on the tv channel.

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