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tv   [untitled]    December 15, 2022 4:30pm-5:01pm EET

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it will be feared that since russia handed over all weapons in the kharkiv region, that chinese equipment will also fall into our hands and, accordingly, will fall into the hands of our western allies, and the western allies will find a countermeasure for chinese weapons, this is what china is actually afraid of, that is, it will keep russia such people are at a distance on such a short leash, not letting anything get to them, but er, more and more tying the russian economy to their own, that is, they will turn russia into their colony in the economic sense, so what will we do? as they say watching that process thank you very much peter for this extremely interesting meaningful conversation petro burkovsky political analyst executive director of the democratic initiatives foundation named after ilko kucheriv former head of the center for researching problems of the russian federation let's go on at half past five well, i remind you that the president of ukraine volodymyr zelenskyy asked the european union to consider our european integration path and if everything is okay, then to start unconscious negotiations
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about our accession to the european union, and one of the key conditions of this accession is and was and remains judicial reform, the european integration of ukraine depends precisely on this. and this was repeatedly reminded the ukrainian leadership by the leaders, in particular, it is about the completion of the integrity check of the members of the supreme council of justice and the selection of candidates for the higher kovaliv commission of judges, according to the experts of the resuscitation package of reforms, the implementation of this recommendation of the european commission is in an active stage and is approaching to the end well, more details about the judicial reform are further in the material of our colleagues, please give me i don't know the top for more than two years, nabu detectives successfully chased after judge pavel vovko in order to charge him with suspicion and finally start a trial against him and his subordinates. in the summer of 2020, the anti-corruption bureau
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made public the records made in the office of the head of the district administrative court of kyiv, they can testify to the total corruption of uaz, which became famous for its scandalous decisions, in particular, the ban on euromaidan and the recognition of the nationalization of privatbank as illegal. however, the ukrainian judicial system does not surrender, the release of suspected judges was blocked and the case was not allowed to proceed back in april 2021, president zelenskyy introduced a bill on the liquidation of the district administrative court as an urgent matter in the parliament, it sat for a year and a half before the fight against luazka de facto joined the measure on december 9, 2022, the united states introduced personal sanctions against the wolf and only then did the deputies finally liquidate the infamous court i signed the verkhovna rada passed a law on the liquidation of the oosk district administrative court of kyiv this story has ended and the history of reforms continues
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continues even during such a war they have been trying to carry out comprehensive judicial reform in ukraine since 2014, the process of restarting the high council of justice and the higher qualification commission of judges of key bodies for control over the judicial branch of government is currently underway. they must be cleansed of people with an unscrupulous reputation. a separate story is the restart of the constitutional court, which in the fall of 2020 tried to cancel electronic declaration, then zelensky removed its head oleksandr tupytskyi from his post, now he has been declared an international wanted man for systematic failure to appear in court in the case of bribery of a witness, according to the media, tupytskyi is in vienna , public activists stress that at every stage, the judicial reform encounters resistance from the system, according to pre-war opinion polls, the courts were at the bottom of the trust of ukrainians list, less than 2% of those surveyed in the eu regularly emphasized that of all the reforms necessary for ukraine's accession to the
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european union, the judicial one is the most important, well, i want to thank our colleagues for the fact that in such a short time , because they submitted an extremely large amount important information for thinking about this and others , we will talk with mykhailo zhirnakov, the chairman of the board of the foundation du yore glory to ukraine, mr. mykhailo slava well, let's talk a little about this age-old event, the district administrative court of the city of kyiv was liquidated , instead, the kyiv city district administrative court was created in its place, and many who among our tv viewers asks, isn't this a situation where we changed the awl for soap, as they say, and in the end we get a court that will simply be called differently and the judge vovk will carry out the same orders to return to a position in a new court of principle, well , it would be very strange in general, to be honest, i definitely do not believe that because of the odiousness of pavlo
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vovka and his henchmen, er, i think this was one of the reasons why the substance was liquidated. sanctions, although, of course, i would like to see decisions that are important for the country, especially if they concern national security, as in this case it was taken, well, without help from the outside , nevertheless, how can you avoid a repeat of the situation with you two, in fact, yes, what did you do with the klaskom that in this court was concentrated fantastic power and power due to the fact that it was not just a district court, like 26 other district courts that correspond to administrative units, regions, cities, kyiv, sevastopol in ukraine, which hear tax and pension cases there, i don't know there customs, anyone else, but he included the legal one, he also included all the state authorities that are territorially located in the
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city of kyiv, well, these are all the central state authorities. in short, any state decision could be overturned through this court or, on the contrary, supported because of this, and because of this, it was nicknamed the second constitutional, and because of that, they influenced many, many processes in the country, in fact, in order to get rid of this, of course, this is the key the selection of judges to the court, but it is even more key if you can put the question like that, it is to dissolve these jurisdictions and so that the kyiv city district court remains an ordinary kyiv city district court, which also decides many important cases because kyiv tax funds, kyiv pension funds, kyiv other funds, it is also very possible and very monetary if you look at the sums of claims , but all cases on the state or national
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level should be transferred to another special court to create a higher administrative court by analogy with the higher anti-corruption how he considered these cases in which judges would select a special one carefully so that you simply do not duplicate these e-e functions and in order not to create an actual temptation even for anyone to create a second an oasis in which there would simply be less odious judges but no less obedient, but as for the judges themselves, who can dismiss them only the supreme council of justice as i understand it, that is, they remain authorized, but the vrp is not authorized yet, it needs at least eight appointed if i am not mistaken and it may happen at the congress of judges in january, if i forgot, they are being formed. because no one is happy with the wheels, tell the truth, mr. mykhailo, do you feel
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some kind of political will and some of its manifestations in this matter, which has already been cited repeatedly in our country, which he says that the political will is not quite correct, it is correct to say that a sufficiently powerful social coalition for a certain change has not been created, let's see what is happening in our country today court employee's day by the way, i congratulate everyone in the court to everyone who works in the courts, in which there were several landmark events immediately the appeal of the higher anti-corruption court upheld the decision to collect uah 3.6 million from one and judges of illegally obtained income, and another, another cassation court, the supreme court upheld the verdict in the case of one judge for bribery uh, the third and of course the most important thing that happened today is that the law on the liquidation of ascori came into force as of today, it hardly exists, so what will i say about the fact that the coalition for changes in the judicial
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system was created a long time ago and is working very well and the results of its work can be seen very well if the judges look three days ago , it was difficult to imagine a more powerful, stronger, arrogant and all-powerful than paul the wolf. where is he now ? the system will be cleaned because there are citizens, there are organizations, there are state authorities that will direct their activities, which are very well aimed at cleaning these courts, if judges want to find themselves in the company of pavel vovk, in the company of others who have been released from the system or who have already been released, i'm sorry, it's not her there, as leaders or a significant part, they can play again in the disruption of reforms, if, after all, they look at the trends that are happening now,
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they will understand that the trend is, after all, independent ukraine and european integration and judicial reform and after all, they won't do anything stupid. i really believe in everything. well, believe, so to speak. it's extremely good, but as they say, chickens count in the fall, so we don't know if it will be the fall of the 23rd or 24th, so to speak. let's go back to history even with the constitutional court, an age-old event happened, just a little, so simply, i wanted to say what, look, i will say even more simply, if the judges do not vote for it, it means that not only judicial reform , but also european integration is postponed for about a year, it means that they will simply play along with our enemies of russia federations because it is their plan to disrupt european integration it is because of this reform number one if they choose it for anyone for the president for public organizations that any kind of judicial reform will be opened with the most inclusive with
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the most well with any zero scenario of the release of all that whatever, because if the court judges themselves show that they are against the people, against the president and against the european future of ukraine in general, then it is obvious what the next step will be, so let them think carefully. i still hope that some remnants of healthy there is sense in this system, but it turns out that what happened to the supremely beautiful constitutional court at the same time , three judges wrote their resignations almost at the same time, their term of office would have expired in march, and here they decided to be extremely hasty, we understand that there is only one person left, so to speak god forbid it happens there, people get sick there, different things happen there, family circumstances and so on. well, the constitutional court can hang up, and we understand that the history of the constitutional court is a history no less important than that of the so-called district by the court, and maybe in 10 it appeared more important, and here once they wrote a statement. yes, the constitution is very important
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. sorry, this is history, a very important institution. laws are constitutional or unconstitutional , that is, any reform can be overturned through a controlled court, as well as any unconstitutional thing, if the constitutional court is dependent. therefore, this is a very dangerous trend, because not next to the judges whose terms of office would expire in march, there was another judge who has only been working since the 18th year and will work for another five years, so it was very strange how the arguments were found for these judges to leave so abruptly, but the opportunities that open up are simply fantastic for the current political power to fill these five vacancies because, in addition to the three from the verkhovna rada, two more vacancies are due to the departure of judges as of today, the political power already controls five judges of the constitutional court,
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if the ones voted yesterday come into force the day before yesterday, donate bill 762 on the alleged reform of the constitutional court, supposedly on european integration, in fact, on the dependence of the constitutional court, the political power will control literally in a couple of months, 10 judges of the constitutional court, this is already a majority out of 18, and this means that anything can be done through such a constitutional court, and this is a huge threat to democracy therefore, today public organizations called on the president to withdraw this bill because it does not meet any of the recommendations of the mansi the commission did not appeal to the chisevan countries, who very clearly expressed that there should be a preference for independent experts of the commission and not politicians, as was voted, however, it was not hidden, which poses a threat both to democracy and to european integration and the topic, one of them is its liquidation, the other is constitutional court well, in fact, these topics are very related because i am now
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looking at a statement from literally two days ago on the website of the district administrative court of the city of kyiv, where they call the decision of the verkhovna rada of ukraine on the liquidation of the district administrative court of the city of kyiv in such a way that it does not correspond to the constitution, well, that is, now they are appealing to the constitutional court. as i understand it, they are appealing this decision. it is correct, mr. mykhailo, please give me something. are there any technical difficulties? do i think you can hear me or see her or not so that you they heard my question, the same, i hear your question, give me something, something is visible in the connection, yes, i don't know if they will appeal, they can appeal, they can submit a submission to 45 people's deputies, only if there will be such brave people. well, we will see, taking into account that that 310 the constitutional majority voted and zero against er 310 for the liquidation of the ask. it is interesting and difficult for me to imagine where they where so many deputies
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will find it first, but everything is possible and that is why it is very important to have an independent constitutional court so that in such cases, if any i'm late or some other contagion, i'm sorry, the enemy that still exists in our verkhovna rada for some reason will pass and start challenging some reformist laws so that these judges, just like in the 20th year with electronic declaration, will not repeal this bill and any other thank you, mr. mykhailo , an extremely interesting and frank conversation for those who have wu, he will listen, so to speak, mykhailo zharnakov , the chairman of the board of the de yura foundation, worked now live on the espresso tv channel, news for the military of the joint tactical group adam, the group performs the most difficult tasks in the most difficult conditions in the most demanding directions, we appeal to all therefore can now carry out support in the purchase of this absolutely incredible device,
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please see the qr code in the corner of your screens scan it, you will get the details, send it, we are already very close to the destination, yesterday i spoke with iryna, she said that about 200,000 is not enough, and the price of such a uav is about 800, of course, we will report on everything, the main thing is to help the guys, we are talking about the bakhmut direction, so let's click on 100-200 uah which can be transferred in case of something to this need, it will not change, so to speak, the level of the christmas celebration in general, only father pope called on catholics all over the world to donate so and so, of course, at a cost, so to speak more modest new year's and christmas celebrations , this week's program is judicial control with tetyana
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shustrova, who and why is disrupting the judicial reform in ukraine at the moment, ukraine is failing its own plans with a bang, how the government is cementing political appointments to the constitutional court with the european union, in general, no one even thought to consult before than to adopt this text for the second reading and new details and the drunken driving of the judge of the garnik diana shustrova in the summer ukraine received the status of a candidate for membership in the european union, subject to the fulfillment of the seven steps, the reform of the constitutional court and the continuation of the judicial reform are key among them. president volodymyr zelenskyy publicly promised that ukraine would fulfill everything by the end of autumn . later, the deadline was moved to the end of 2022, and now the reform of the constitutional court of ukraine is under threat. who and why is trying to undermine the european integration of ukraine, we will tell you
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today first to the news scandalous district administrative court of kyiv was liquidated deputies of the verkhovna rada supported the draft law that provides for the termination of the court's activities votes with the help of 310 people's elected representatives, the parliament also approved the draft law on the formation of the kyiv city district administrative court, the law came into force on december 14, administrative cases will be resolved temporarily by the kyiv district administrative court under the leadership of pavel vovka oask became known for the suspension of the executive duties of the minister of health ulyana suprun by the cancellation nationalization of privatbank and was supposed to play a major role in russia's plans to return viktor yanukovych to the post of president in the event the capture of kyiv in the spring of this year in 2020.
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vovk, his deputy yevhen ablov, five more judges of oask, as well as the head of the state judicial administration, zenova in kholdnyuk, announced the suspicion of creating a criminal organization and captured the authorities. the case is now being considered in the higher anti-corruption court of three judges of the constitutional court. iryna zavhorodnya, serhiy sas and ihor sdelenko were dismissed at a special plenary meeting of the body on the basis of personal statements, all of them were appointed according to the quota according to the parliament, soon the verkhovna rada will elect new judges of the constitutional court, as the analysts of the de jure foundation note, it is possible that the majority will obviously try to appoint their candidates to high positions, as happened in the summer with olga savgyra, before that she was a deputy from the
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servant of the people, the higher anti-corruption court began to consider criminal proceedings for by the accusation in the oask court of oleksandra brahina, who deliberately did not overcome the electronic declaration of the judge and did not issue a digital signature, allegedly because of religious reasons conviction, meanwhile, the declaration in paper form was not accepted by her. the national anti-corruption bureau and the specialized anti-corruption prosecutor's office informed the priest about the suspicion of a criminal offense. if proven guilty, the judge may receive a fine or even one year in prison. the police jumped into a drunk driving case, the pecherskyi district court of the city of kyiv began to consider, according to the materials of the case, the beautiful man in a state of alcohol intoxication was driving an audi car on the street in velyka vasylkivska, the patrol officers detected the smell of
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drunkenness, reddening of the face and trembling of the fingers of the hands, but the good ones refused a medical examination , this happened on october 2 at 10:00 a.m. last week, the judge of the pechersk district court, vita bortnytska, known for smearing drunk drivers , decided to send the police report for processing, because in the decision of the patrol officers, a different time appears, not ten o'clock in the morning, but nine o'clock 56 minutes; in addition, the place of commission of the offense can territorially belong not only to the pecherskyi and holosiivskyi districts of kyiv, the accounting chamber of ukraine calculated the costs of judicial reform in terms of the reorganization of courts from 2018 to the middle of 2021. ukraine spent uah 1 billion on the liquidation of local general local
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appeals courts and the creation of district courts instead of these funds, almost 400 million were used ineffectively, in particular, 254 million from the state budget went to pay remuneration to judges who did not administer justice, this happened due to improper work of the high council of justice and lack of authority of the higher qualification commission of judges who did not perform their functions on the timely dismissal of the servants of themis in june, ukraine received the status of a candidate for membership in the european union, subject to the fulfillment of seven steps, the key of which is the implementation of judicial reform and the reform of the constitutional court. two years ago, this court caused a real constitutional crisis in in october 2020 issued a decision to close the public register of declarations and abolish criminal
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liability for failure to submit or falsify electronic declarations, this caused mass civil society protests, the president suspended the head of the court oleksandr tupytskyi from the position of a judge and soon released him, however, this did not solve the problems, according to the conclusions of the venice commission to the council of europe's council of europe council on constitutional law, such a crisis situation became possible due to the excessive political dependence of the judges of the constitutional court and insufficient visibility of their appointment for the position, therefore, the commission called to implement as soon as possible a real competitive procedure for the selection of servants of themis, respectively the ambassadors of the g7 countries also made a statement, currently the judges of the constitutional court of ukraine are appointed by the president, the parliament and the congress of judges. and although the constitution specifies that the selection takes place on a
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competitive basis, the procedure currently prescribed in the law does not provide for a real competition, each subject of appointment formally conducts its own competitions which do not ensure the verification of candidates for compliance with the requirements of the constitution, therefore the risk of political influence does not decrease , the chairman of the board told our journalists de jure foundation mykhailo zhirnakov, in order to prevent this, the selection procedure must be competitive and there must be a commission in which there will be independent representatives of international partners of ukraine and representatives of the public, for example, the public integrity council. on december 13, the parliament adopted a draft law on the creation of a council group of experts, which will check all candidates for the position of judges of the constitutional court, the project specifies that the group will include six members, one from the supreme
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the council of the president and the congress of judges of ukraine, one person from the venice commission and two persons delegated by international organizations. by the way, the group will analyze each candidate for compliance with the criteria of integrity and professional competence, and this could be dissolved as a first step towards fulfilling the priority requirements of the european union and the recommendations of the venice commission but not exactly in this scheme, no participation of representatives of civil society is foreseen, on the contrary, representatives of the authorities continue to participate in the selection of judges, hence the threat political involvement does not disappear, insists mykhailo zhirnakov, instead of the public, it is stipulated that the advisory group of experts, i.e., the competition commission that will carry out the preliminary selection of judges of the constitutional court, will include three representatives of independent international experts and three
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representatives of the power of the president of the verkhovna rada and judges from its court, which the venice commission itself calls direct the threat of politicization of the process, despite the fact that the independent selection commission itself is introduced in order to depoliticize the process, an essential point in accordance with the laws by the way of the group of experts in this way, future constitutional judges will be elected by the generation of representatives of the so-called system, these are also people who grew professionally and were formed during the times of the ussr. moreover, the decision of the council group is not mandatory at all, so the parliament, the president and the congress referees will continue to be able to appoint dox manual referees, this matches the position, this match matches the position, this is more appropriate for the position, the son, in fact, well, the whole
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idea of ​​an independent commission that can meet for which you can spend a lot of energy er and whatever, but well, it won’t make any sense if er, in fact, political bodies can appoint anyone , recently the ambassadors of the g7 countries once again emphasized that judicial reform, including a new selection procedure for the constitutional court of ukraine , remains a key priority and should be agreed with the recommendations of the venice commission and, in turn, in its conclusions on the draft law on the advisory group from the competition for the position of judge of the constitutional court insists on the mandatory need to involve the civil society, however, the parliament, and in particular the servant of the people faction, is in a hurry to adopt a bill that goes against the recommendations of international partners and
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actually cements political appointments with the european union. in general, no one even thought to consult before kuval to adopt this text for the second reading, i.e. imagine we join the european union the european union is our key partner , and during the war and during the actual blockade of the mp, they are trying to deceive the people of ukraine and our key european partner. union and prophaty give the following text of the draft law of the suburbs on joining the european union , instead, according to experts' conclusions, ukraine is currently failing its own plans with a bang, a consortium of ukrainian analytical centers and analysts conducted an analysis of ukraine's implementation of the seven steps on
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the way to the european union and the conclusions are disappointing if the government does not change its approach it will be simply impossible to complete the criteria in the stated terms, people from the president's office are really determined to disrupt the judicial reform and, accordingly, european integration according to experts' assessment two and a half months, ukraine's overall score increased from only four and four to four and seven out of ten required to confirm the status of a candidate country, that is, by three tenths of a percent, or not the only one of the eu criteria where ukraine showed positive dynamics since august, the reform of the constitutional court in august, experts assessed its level is zero points, since then there have been several important changes, however, for now, progress has slowed down, there is simply a huge threat that the reform of the constitutional court will now collapse with it, accordingly, european integration, in general, judicial reform
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august will even make it in time six out of ten , now ukraine is convincing the european union to create an evaluation mission as soon as possible but experts emphasize that if she came to kyiv right now , we would have failed the exam today, i had all this judicial control and i am tetyana shustrova if you know the facts of corruption in to the judicial system of ukraine or you want to tell about an unscrupulous judge, write to me on facebook or to the e-mail whose address you see on your screens, we will meet in exactly a week, all the best
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the 17th on the clock news on espresso in the studio today ulya

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