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tv   [untitled]    June 30, 2024 12:00am-12:31am EEST

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and first of all, the demand to choose the resignation of maryna kudarchuk, the selection of a new head of the state cinema, there is an opinion that this does not matter, the figure of the head of the state cinema does not matter, because she is still said to be controlled and can be re-elected to the same controlled person, they say no, well, what’s the difference, well, i tell all the skeptics that if you think like that, then you can climb into the death pit already and... it was worth going, how many people told us that it was impossible to disrupt the distribution of these funds, there were dozens of people, people deputies, lobbyists, representatives who are closer, further to the authorities, everything worked out, it worked out, thank god ukraine still exists, one way or another, an independent judicial system, which is about justice, so without pessimism, we... achieved serious, well,
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goals in in the context of not allowing this non-transparent distribution of funds, and perhaps the person of maryna kudarchuk herself, of course, she does not decide anything, but the very fact of this pressure and the fact that the community is ready for dialogue to find a person who will work in the interests of the country, in the interests of cinema . it is obvious that marina kuderchuk is not a subject, but it is important for us to continue the pressure in order to eventually come out. to the figure that suits everyone, and andrii, literally in two minutes, a question that worries me personally, because for the sake of justice , i must say that part of the film community, it is more people who still make original films, it seems to me, although not only really united, i have not seen such a consolidation, but there are other ukrainian filmmakers who are mainly engaged in commercial cinema, who are in opposition to others and... here they are more
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support the state cinema, and they constantly say: "let's go to a dialogue, let's reconcile, let's all find a consensus." is this dialogue possible, relatively speaking, there, well, here you have, who are in opposition to this body, and those moviegoers who support it? i always say that the worst thing derzhkino did was not that they didn't even distribute the funds correctly or didn't go to international, but that they divided the ukrainian ones. cinema, they created these artificial camps, who is here for us, who is here against us, this is the worst, it is obvious that we are all interested commercial, non-commercial, author's, a wide audience, everyone is interested in the fact that ukrainian cinema happens, that it has big box offices, that they have big festival premieres and victories, oscars and so on and the like, it is clear that e- all these parties are ready for a dialogue, it's just that derzhkino has created conditions where... a huge number of people
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are dependent on them, and these are not healthy conditions, we should not be dependent on here and now, go and there, i don't know , give bribes or make the movie we want if we want sustainable development, we have to build a sustainable institution, without this there is no way. andriy, thank you, and we will follow your further actions, indeed our andriy kotlyar was on the air, producer. and i will say that i really support this opinion that our cinematographers are simply doing the impossible now and simply going to court, seeking some kind of justice, i have not seen such a thing yet, that is, all this is happening at the time of the full-scale invasion of this association, no it is very gratifying to see such consolidation, i hope this consolidation spreads. for more
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more audience, i still hope that the issue of state cinema will be resolved, but you know, there is an opinion that as long as this government is in power, until new presidential and parliamentary elections are held in our country and until we have a new president, in principle the situation will be the same as it is, but again it is not hopeless, because we have a sufficiently active community that is ready to fight again and again for its rights. and for injustice, that is why the current state cinema is uncomfortable enough to work and do what they do. that's all i have, friends, i wish you a good saturday and a good weekend, see you next week. mom, i was thrown out. and i'm sick, the heat always
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only leads to poisoning, intoxication can cause dehydration, and it is important to restore the water-electrolyte balance. when ordinary water is not enough, i recommend reo to adults and children. let's save ourselves with water reo. reo saves. reo - water for special medical purposes. exclusively on the air of our channel. greetings, friends. politklub is on the air on the espresso tv channel. the most relevant topics of the week. russia's war against ukraine, the war in the middle east. the crisis is on the border between ukraine and poland. topics that resonate in our society. drone attack on kyiv and other cities of ukraine, drone attacks on moscow and other russian cities. analysis of the processes
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that change the country and each of us. the country should get the right to start negotiations on joining the eu. vitaly portnikov and guests of the project: we are bored because there is nothing to fight about. let's you. help understand the present and predict the future for the world of the second trump presidency will be terrible. a project for those who care and think. political club. every sunday at 20:10 at espresso. every week, maria gurska meets with the head of the committee on foreign affairs of the polish sejm, the representative of the polish government for the restoration of ukraine, pawel koval. as always, we talk about the most important things that happened this week in poland, ukraine, and europe. what is being said about ukraine in the eu, how should we perceive the statements of european politicians and what will our accession to the eu look like? in the project close to politics, close to the world with maria gurska. every sunday at 15:30 with a repeat at 22:00
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in cooperation with the eu sisters. the constitution is the basic law. of our state, it is the legal basis of ukraine. on june 28, 1996, after a discussion that lasted all day and all night, without breaks, 315 deputies voted in favor. my name is myroslav vysochanskyi, and this is a manuscript program. the constitution of 1996 is the basis of modern ukrainian legislation, but it is far from the first constitution of ukraine. what can be considered the constitution of pylyp orlyk? the first in the world, the meaning of the constitution of the ukrainian people's republic, which was never destined to work, the soviet imitation of the rule of law and the path of the modern basic law. we will talk about this with andrii maghera, he is a lawyer and former deputy chairman of the central election commission, an expert in constitutional
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law of the center for political and legal reforms. mr. andriy, greetings to you. congratulations to you too. well, really, looking at the ukrainians who are there very often in social networks, that in principle. in some sites we talk about the fact that the constitution of philip the eagle is the first constitution in the world. 1710 year bendery, pelyporlyk with the cossacks adopts this law. is it really so, or really can this document be called the first constitution in the world, and is it possible in principle to call the constitution of philip orlyk a constitution in our modern understanding and vision? we sometimes like to talk about the fact that it was really the first constitution in ukraine, in the world, that... the document is progressive, that it is older than the french, american, polish, but at the same time, if we look at it frankly and more objectively on this question, yes, it was quite a progressive document of the time, it was a document about distribution in fact responsibilities, about the organization of the life of the cossack
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state, but at the same time we must not forget that in the full sense of the word... probably it was not a constitution, but again we must remember about the fact that before the first constitution of such a world level is the end of the 18th century, it is france, it is poland, it is the united states of america, we can really talk about them as the first constitutional acts of this nature, and in general the word constitution, it is very old , it appeared even from... ancient rome there constitution were issued by the emperors, that is, they were such acts, here, and they also mentioned then, it is clear that in terms of form, they were part of the constitution, but not in terms of content, in terms of content, they had a slightly different
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content, but if you look at it in this way, then the ukrainian lands, no matter how cool, they were still under the influence of the first european constitution, because the polish constitution of 91. year, it operated on the territory of the ukrainian right bank, i.e. it started working in our country here, i.e. it can be said that ukrainians lived under the first constitution of europe, even if not... are you the constitution of philip orlyk? yes, but at the same time, we must also remember that this was actually such an agony of the commonwealth of nations, agony, yes, yes, actually, i wanted to say this word, agony of the commonwealth of nations, when it was already on its way to its logical conclusion, 1793 is already a year, 95 already, and the polish-lithuanian commonwealth was actually divided between three states, powerful states, neighbors. however, the significance of the polish constitution remains and
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is highly valued by poland, and in particular by the legal community of poland this document, many different monographs, various articles, discussions are written about it, events are dedicated to the day of the constitution, even the state holiday, the day of the constitution, they are also celebrated at the state level until now, well , if you look at the depth of ukrainian history before the ukrainian constitution , which appeared in our country. in the 18th year, that is , we jump right from the 18th century to the beginning of the 20th, 1918 and the ukrainian central council, you know, there is a little parallel with modern ukraine, because modern ukraine could not adopt a constitution for a very long period of time, so did the ukrainian people's republic, it was created in march and a year later it adopts the constitution, but it adopts it on what day, on the same day when skoropadsky actually makes a coup, and this constitution is largely does not enter into force, but as far as this constitution was democratic, as far as some basis is possible. have any ideas from that constitution of the 18th year of the ukrainian people's republic grown, passed to
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us in modern ukraine? indeed, there was a constitution during the times of the ukrainian people's republic adopted quite late, you correctly said that almost a year has passed and there is still time for the formation of the ukrainian people, the ukrainian central council, why did this happen, well, for one simple reason, such an important reason. due to the fact that the absolute majority of politicians who became members of the ukrainian central council and, in general, the majority of ukrainian politicians of that time, did not look that far, they, for example, at that time did not see ukraine as an independent state, the maximum of their hopes, their dreams, it was autonomy as part of some new russia, new of federal russia, somewhere they imagined it, not fully understanding what it should be, so enough, enough... a gross evolution, it happened in the heads of these people as well, and
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if you also follow the documents that were sent, that is why we reached the month of april, when the constitution of the ukrainian people's republic was actually adopted. at that time , it was really very democratic, it guaranteed many civil rights and freedoms, national minorities were taken care of very seriously, even the ministry of minority affairs was provided for under the government, and judging by the form. and the board, then we would sooner from today's point of view it would be qualified as a parliamentary republic. some say that mykhailo hrushevskyi was then the president of the ukrainian people's republic and the first president of ukraine. this is not quite so. he was the president of the ukrainian central council. and he was not a president in the modern sense. something like the chairman of the verkhovna rada. with all due respect to mykhailo serhiyevich hrushevskyi, and at the same time recognizing and objectively recognizing. he has many mistakes, but still we must talk about the fact that the first president of ukraine, the first
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the president of ukraine appeared only at the time of the most recent independence of ukraine. today we are talking about the history of the ukrainian constitution, which has 15 chapters, but the 15th has the number 14. why so, write in the comments. but to look at how the bolsheviks acted then, that is, how they worked? they created soviet ukraine in january 19, already in march? in the 19th year, this third all-ukrainian congress was held, at which the constitution of the first soviet ukraine was adopted, that is , literally two months there and the constitution was already ready, in the future they regularly adopted them there in the 25th year, in the 37th year, in the 78th year, that is , the constitutions were adopted, and these constitutions were actually, one can say, such an imitation of that democracy, as far as the soviet constitutions of ukraine, they were really constitutions, as far as they had a legal basis. in ukraine at that time, during the soviet era, i will literally mention for a few minutes
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that during the time of hetman pavlo skovropatsky there was a law on the temporary state system of this hetman state, it was also a legal form of the constitution, it was peculiar, but we still we can consider it constitution, as well as in the ukrainian people's republic on november 13, there was also a kind of temporary constitution that was functioning. and if we take carpathian ukraine, there was also an attempt to establish a state mechanism, but there, of course, it was a very short period of time, so it is unlikely that we can dive so deeply into these issues and develop them there. as for soviet ukraine, there were only four soviet constitutions of 1919, by the way, it was written for some reason in russian, it was already translated into ukrainian. the original text was in russian. this was the constitution of the class struggle, the revolution,
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and it reflected all these moments. the second constitution of the 29th year, it too had an obviously class character. it was such a merciless struggle with these kulaks, with various enemies there, with the bourgeoisie, landlords and the like, and it was reflected in this text. 1937, the third constitution is characterized by the fact that the verkhovna rada appeared for the first time as a state body, the highest body of state power, they wrote it that way, because before that it was a congress of deputies of various levels there, an all-ukrainian congress and the central executive. were there committees, two such higher state bodies, and the verkhovna rada of the ukrainian ssr appeared in 1937, and the last soviet constitution, it was the constitution of 1978, as it was constituted then, it is the constitution of developed socialism, people's democracy, there it is
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general people's state of workers, peasants , intelligentsia, this is how it was roughly voiced and... it was a kind of tracing paper on the higher authorities authorities of the union of the ssr, modeled on the verkhovna rada, the council of ministers, the presidium of the verkhovna rada, and , of course, there was no local self-government, these were all state-owned, nationalized authorities, under the leadership and direction of the communist party of the soviet union, with the same, so-called the sixth article, you actually mentioned this sixth article, the guiding and guiding role, it was abolished by as much as 90%. year this article, but it is such an interesting moment, it is very nice and very beneficial to write in the constitution that only the soviet communist party should rule, that is, only the communist party, and accordingly, if some other party somehow gets into power, then what it does violates the constitution, that means it is illegal, it means that it has no right to do it, if that happened, although this was the case in the soviet union impossible, but
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even in this way they insured themselves, in fact then all parties were banned, all others did not exist. and she could not even be allowed to participate in the elections, let's even start with this, not that she could lead someone to the verkhovna rada, just on at the stage of registration, this would not have happened, so we can talk about the constitution of 1978 as transitional, why transitional, because it existed for 5 years after the declaration of independence of ukraine in 1991, someone refers to the declaration as a constitutional document. on the state sovereignty of ukraine in the 1990s, but i obviously wouldn't call it that, firstly, it was a declarative document, a document about the intentions, secondly, of the union republic, but at the same time, the role of the declaration cannot be leveled either , why , because thanks to this declaration many laws were passed on the economic independence of ukraine, on changes to the constitution of 1978, many moments,
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ukrainian boys remained to serve on the territory of ukraine, and not... somewhere in the corners of the soviet union, that is, it had a progressive character, and if we speak about the further period, then definitely to the constitution, to a kind of small constitution we must include the constitutional treaty of 1995, it is also called the small constitution, so very often, and it was this document that actually destroyed the soviet power, the soviet power structure and directed it somewhere. ukraine in such a more legal direction, in the direction of achieving european, world legal opinion, this is very important, that is, the principle of power distribution has already begun to appear, there were such rudiments of a presidential republic, in fact , in this constitutional treaty, despite the fact that there was the position of prime minister, which is interesting, but the president could not dissolve the verkhovna
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rada, this is also a classic sign of a presidential republic, and it is obvious. we are already going back to the 96th year with yours actually 96th year, because 91st 96th year, this is the line tere, we have the old constitution of 78th year in force, and accordingly we are the last of the soviet republics to adopt a new constitution in 96th, we include latvia , lithuania, estonia, they already have their own constitution in 1992, belarus in 1994, we take georgia in 1995, russia even in 1993, they have their own constitution ... and year, which was done at the age of 5 by the ukrainian elite, the ukrainian political forces, who could not agree in any way, that is , they understood the meaning, i imagine of this document. the constitution as the basic law, but they delayed it for 5 years, why did this happen? with regard to the other former union republics, it is an interesting point: latvia
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-estonia, they restored the previous constitutions that were there, they thereby made it clear that they are returning to their state, de-occupation is taking place, they are returning to their citizenship and so on, that is, this there was such an obvious tension, lithuania was already adopting a new constitution, and later latvia, estonia and so on. but if we are talking about ukraine, indeed, you are right, ukraine was the last to adopt its new constitution, the constitution of an independent state. why did this happen? first, the first convocation of the parliament, obviously its potential was enough to pass the act of declaration of independence, for which we are of course very grateful to them for independence, and the first laws that began to be formed, for example, the armed forces of ukraine, national. at that time, the law on the state border, the law on citizenship, they did it, but unfortunately, they did not succeed in the constitution. the second convocation of the parliament, the problem was that it was close
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100 deputies out of 450 could not be elected in any way due to the electoral system, the two-round electoral system, which provided for the mandatory turnout of voters, a certain percentage, we had a huge number of constituencies where there were no deputies, deputy vacancies. and this, too , to some extent, was a very serious hindrance, but the strong political will of the then president leonid kuchma, who threatened to submit the issue to a referendum and adopt the constitution in a referendum, somehow motivated the verkhovna rada to work both day and night, and they came out on , in my opinion, a pretty good document under these circumstances, look, but you don't say anything if you don't speak... an ideal document for these circumstances that were, it is unlikely that something better could have been decided then, but regarding that, you they said, president kuchma threatened, that is , kuchma and moroz, they had such
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a confrontation then, moroz is the head of the verkhovna rada of ukraine, president kuchma, who until the end does not have such powers defined, because there is a president, but it is written in the constitution of the president in the soviet constitution, of course not was, and it was necessary to somehow determine the relationship between him and the verkhovna rada, then kuchma still stimulated the adoption of... the constitution or blackmailed him with this constitutional treaty and, accordingly, with a referendum that was already planned, but never took place? despite the fact that the chapter on the president of ukraine was later added to the soviet constitution of 1978, but these provisions of the 1978 constitution were so contradictory that it was difficult to understand where the powers of one body began, where the powers of another body ended, and the authority of the verkhovna rada, which intervened constantly. powers of the president, then the government. how can the actions of president kuchma be characterized? someone calls it blackmail, someone stimulation? i would still define as at that moment the positive nature
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of this stimulation, due to which, due to the fact that the deputies understood, either they will do it themselves within the walls of the parliament, or the project will be put to a referendum, which will be enough with the increased powers of the president , and the situation will be worse, that is... many of these deputies, for example, communists, some communists, about 30 of them voted for the constitution, let me remind you, and they obviously reasoned at such moments, including the same moroz, the then chairman of the verkhovna rada, that it is better to adopt such a constitution, let there be no more soviet power, let all this be gone , which happened in the past, but not the one that will be adopted in the referendum, and this option you see, this behavior, this tactic on the part of the president... kuchma, it worked and is working, it worked effectively, in my opinion. you talked about the constitution of the unr of the 18th year, about the fact that much attention was paid to national minorities in this constitution. and when
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we take the constitution of 1996 and the issue of crimea, in fact, in these drafts of the constitution until the night of this constitutional one , there was no mention of the autonomous republic of crimea, there were some other terminologies, and when , after all, crimea received an autonomous republic, it actually made in terms of that and not nationally, it is as if it would slightly push the crimean tatars, who have already been given, for example, the status of the indigenous population of ukraine itself, but only after the 14th year, and actually allowed the future to create such separatist prerequisites here, because by giving crimea an autonomous republic, although other regions did not have such, in fact, when the constitution of 1996 was adopted, it is worth reminding that the section on the autonomous republic of crimea, it was not included in the package. torn package with an article about state symbols, the blue-yellow flag, the trident, the anthem, ukraine is not dead yet and the unified status of the state language of ukrainian,
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only under such conditions. a consensus was found as to why the constitution could be adopted under these conditions, by the way, the autonomous republic of crimea and autonomy in crimea in general, it was very interestingly formed when in 1991 the verkhovna rada of ukraine adopted the law on literally from the restoration of the crimean ssr, then according to the then constitution of the union of the ssr, approval of the formation of autonomous republics as part of the union republics had to take place at... the level of the union of the ssr by introducing amendments to the constitution of the union of the ssr. and before the constitution of the ussr, these changes regarding autonomy in crimea were never adopted. that is, the process of formation of autonomy in crimea was not completed in the times of the soviet union. in fact, the only way, paradoxically, only in connection with the declaration of ukraine's independence , was legal and actual autonomy in crimea. and the fact that it was administratively territorial, unfortunately, it
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was a big drawback. now it becomes obvious that this constitution must be transformed into the national autonomy of the indigenous peoples of crimea, crimean tatars, karaims and krymchaks. ukraine should return this side to them. although it is not easy to change the constitution, it requires a two-thirds to 3/4 vote parliament, but during independence it was changed more than once and by more than one president. the modern version of the basic law differs slightly from the 1996 version, but... it still remains the basis of the legislative framework of ukraine. my name is myroslav vesojanskyi, this is the manuscript channel. today we talked about the history of the ukrainian constitution, we talked with our guest, andrii magera, lawyer, former deputy chairman of the central election commission, constitutional law expert of the center for political and legal reforms. i will remind only that on our channel there are many videos from the history of ukraine. so don't forget to subscribe, comment and like the video.
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