prof_eug | Произвол властей РФ в отношении украинской диаспоры

Материалы Ukrainian World Congress, хотя, этим должен МИД Украины заниматься (кому адресовано и упомянутые в тексте меморандумы под катом).

Dear Madams:
Dear Sirs:

The Ukrainian World Congress continues to be gravely concerned regarding:
1) the persistent attempts of the Russian authorities to liquidate the Federal National Cultural
Autonomy of Ukrainians of Russia and the Union of Ukrainians in Russia, the two most prominent
Ukrainian NGOs in the Russian Federation; and
2) the reported physical force used against the library director, Ms. Natalia Sharina, and three
separate government searches at the Library of Ukrainian Literature in Moscow, the only
Ukrainian library in the Russian Federation.
For your information, we enclose hereto three (3) Memorandums prepared by the Ukrainian World
Congress regarding: (i) the above two (2) NGOs; and (ii) the Library of Ukrainian Literature.
The Ukrainian World Congress is calling upon the international community to take notice of the
unacceptable conduct of the Russian authorities and to take prompt and decisive action to protect the
human and national minority rights of the Ukrainian minority in the Russian Federation.
Most urgently, the Ukrainian World Congress is requesting that the international community
send observers to the January 27, 2011 hearing regarding the Federal National Cultural
Autonomy of Ukrainians of Russia before the Cassation Panel of the Supreme Court of the
Russian Federation, the final court of appeal available in the Russian Federation. This hearing
will begin at 11:20 a.m. at the Russian Supreme Court situated at 15 Povarskaya Street,
Entrance 5, Moscow, 121260, Russia.
The Ukrainian World Congress (UWC) is an international coordinating body for Ukrainian
communities in the diaspora representing the interests of over twenty (20) million Ukrainians, with
member organizations in over thirty (30) countries. Founded in 1967, the UWC was incorporated in
2000 in Canada and recognized in 2003 as a non-governmental organization by the United Nations
Economic and Social Council with special consultative status.

Sincerely,
UKRAINIAN WORLD CONGRESS
Eugene Czolij
President

Her Excellency Navanethem Pillay
UN High Commissioner for
Human Rights
Palais des Nations
CH-1211 Geneva 10
Switzerland
civilsociety@ohchr.org
His Excellency Ambassador Janez Lenarcic
OSCE Director of the
Office for Democratic Institutions and
Human Rights
Public Affairs Unit
Aleje Ujazdowskie 19
00-557 Warsaw
Poland
bernhard.knoll@odihr.pl
aleska.simkic@odihr.pl
jens.eschenbaecher@odihr.pl
His Excellency Ambassador Knut Vollebaek
OSCE High Commissioner on
National Minorities
Prinsessegracht 22
2514AP The Hague
Netherlands
jennifer.croft@hcnm.org
The Honourable Heidi Hautala
Chair of the European Parliament Subcommittee on
Human Rights
Bât. Altiero Spinelli
08G301
Rue Wiertz 60
B-1047 Brussels
Belgium
heidi.hautala@europarl.europa.eu
СВІТОВИЙ КОНҐРЕС УКРАЇНЦІВ
CONGRÈS MONDIAL UKRAINIEN
UKRAINIAN WORLD CONGRESS
CONGRESO MUNDIAL UCRANIO
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The Honourable Knut Fleckenstein
Chair of the European Parliament Delegation to
the EU-Russia Parliamentary Cooperation Committee
Bât. Altiero Spinelli
12G158
Rue Wiertz 60
B-1047 Brussels
Belgium
knut.fleckenstein@europarl.europa.eu
michal.czaplicki@europarl.europa.eu
His Excellency Ambassador Thomas Hammarberg
Council of Europe Commissioner for Human Rights
Avenue de l’Europe
F-67075 Strasbourg Cedex
France
commissioner@coe.int
Professor Rainer Hofmann
President of the Council of Europe Advisory Committee on the
Framework Convention for the Protection of
National Minorities
F-67075 Strasbourg Cedex
France
minorities.fcnm@coe.int
Mr. Salil Shetty
Amnesty International Secretary General
International Secretariat
1 Easton Street
London WC1X 0DW
UK
amnestyis@amnesty.org
Ms. Erica Lally
Associate
Europe and Central Asia Division
Human Rights Watch
350 Fifth Avenue, 34 Fl.
New York, NY 10118
USA
lallye@hrw.org
c.c. His Excellency Ban Ki-moon, Secretary-General of the United Nations
His Excellency Ambassador Kanat Saudabayev, OSCE Chairperson-in-Office
His Excellency Jerzy Buzek, President of the European Parliament
His Excellency Thorbjorn Jagland, Secretary General of the Council of Europe
His Excellency Viktor Yanukovych, President of Ukraine
His Excellency Vladimir Yelchenko, Ukraine’s Ambassador to Russia
The Honourable Nina Karpachova, Ukrainian Parliament Commissioner for Human Rights
His Excellency Dmitry Medvedev, President of the Russian Federation
His Excellency Vladimir Putin, Prime Minister of the Russian Federation
Union of Ukrainians in Russia
Federal National Cultural Autonomy of Ukrainians of Russia
Ukrainian World Congress Member Organizations

MEMORANDUM
DATE: JANUARY 20, 2011
RE: LIBRARY OF UKRAINIAN LITERATURE IN MOSCOW
BACKGROUND
Russian authorities have arbitrarily curtailed the freedom of expression of the Ukrainian minority
in the Russian Federation (RF) by seizing books and newspapers from the Library of Ukrainian
Literature in Moscow (the “Library”) and then forcing the closure of the only Ukrainian library
in the RF.
SEIZURE OF LIBRARY MATERIALS AND SUBSEQUENT CLOSURE OF LIBRARY
On December 21, 2010, after a 9-hour search, officials from the RF Interior Ministry
Anti-Extremism Department (the “Department”) seized over fifty (50) books from the Library
in order to conduct psycho-linguistic tests on them.
All books found to contain the word “nationalism” were seized following an electronic data
search for that word. The seized material included books on Metropolitan Andrey Sheptytsky,
the Ukrainian Insurgent Army, the Organization of Ukrainian Nationalists, and the “Пора”
movement, along with “Нація і держава” (Nation and State), “Шлях перемоги” (Road to
Victory) and “Українське слово” (Ukrainian Word) newspapers.
Three days later, on December 24, 2010, after a second search for extremist materials, the
Russian authorities confiscated computer hard disks and readers’ membership cards and then
arbitrarily closed the Library.
A third search was conducted on January 14, 2011. Library workers provided Department
officials with the requested materials. Nonetheless, as reported in the media, during this search
physical force was used against the Library director Natalia Sharina.
ARGUMENT
Freedom of expression is one of the most fundamental freedoms enshrined in several
international covenants.
Indeed, the Universal Declaration of Human Rights (Article 19), adopted by the United Nations
General Assembly on December 10, 1948, states that:
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"Everyone has the right to freedom of opinion and expression; this right
includes freedom to hold opinions without interference and to seek,
receive and impart information and ideas through any media and
regardless of frontiers."
A similar protection of the freedom of expression is found in the International Covenant on Civil
and Political Rights (Article 19) and the European Convention on Human Rights (Article 10),
both signed by the RF.
Moreover, the Russian law “On Countering Extremist Activities” (Article 13) provides that a
federal list of extremist materials shall be posted on the web site of the Federal Department of
Official Registration. According to the Library director, Natalia Sharina, the books seized from
the Library were not posted on this web site.
POSITION OF THE UKRAINIAN WORLD CONGRESS
It is the position of the Ukrainian World Congress that the recent searches, seizure of materials
and arbitrary closure of the Library, as well as the physical abuse of the Library director by the
Russian authorities not only ignore the Russian law “On Countering Extremist Activities” but
also conflict with the obligations of the RF under the aforementioned UN Declaration and two
international covenants.
Therefore, the Ukrainian World Congress is calling upon the international community to take
notice of this unacceptable conduct of the Russian authorities regarding the only Ukrainian
library in the RF and and to take prompt and decisive action to protect the human and national
minority rights of the Ukrainian minority in the RF.
UKRAINIAN WORLD CONGRESS

MEMORANDUM
DATE: JANUARY 20, 2011
RE: UNION OF UKRAINIANS IN RUSSIA
BACKGROUND
The Union of Ukrainians of Russia (UUR), the central umbrella organization for the Ukrainian
ethnic minority in the Russian Federation (RF), was formed at its initial convention on
May 14-15, 1992, and registered with the Ministry of Justice of the RF (MJRF) on
March 18, 1994. The UUR is a national member organization of the Ukrainian World Congress.
On March 27, 1998, another Ukrainian community organization was founded in the RF under the
name “Ukrainians of Russia”. On April 9-10, 2005, during the Third Congress of this
organization, its legal name was changed to “Federal National Cultural Autonomy of Ukrainians
of Russia” (FNCAUR).
The UUR and the FNCAUR are the two most prominent Ukrainian NGOs in the RF.
The RF authorities are now trying to liquidate both the UUR and the FNCAUR.
The RF is using the same tactics to disrupt the activities of the FNCAUR, the UUR and the
Ukrainian national minority in the RF as it did in its campaign against NGOs that began in 2006.
RELEVANT PROCEEDINGS REGARDING THE UUR
On July 22, 2009, the MJRF gave notice to the UUR of an audit, which was conducted on
August 10-29, 2009. According to the MJRF, the findings were issued on September 7, 2009 and
forwarded to the UUR on September 14, 2009. The MJRF gave the UUR until
November 1, 2009 to cure several alleged defects.
On November 9, 2009 the MJRF suspended the activities of the UUR until May 2, 2010.
On December 17, 2009 and again on March 15, 2010, the UUR responded to the alleged
violations and defects, refuting some and advising that it had taken measures to cure the others.
On December 10, 2010, the MJRF brought an action in the Supreme Court of the RF to liquidate
the UUR. The substance of the complaint was based ostensibly on Article 15 of the Constitution
of the RF, and repeated five allegations from the audit findings, to wit:
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1. In violation of Article 6 of Federal Law No. 82 (FL 82), which prescribes that
“members of public associations shall be natural persons and juridical persons”,
the UUR includes a non-commercial organization, the Ukrainian charitable fund
“Trust”, and an autonomous non-commercial organization, the “Ukrainian cultural
center”, in its list of members.
2. In violation of Article 8 of FL 82, which stipulates that a non-governmental
organization is a public association based on membership, the UUR did not produce
documents confirming that it maintains a members' list.
3. In violation of Article 14 of FL 82, which prescribes that an all-Russian public
association must operate in more than half the subjects of the Russian Federation,
the list of 41 regional offices maintained by the UUR refers to branches of the UUR
which are independent public associations , namely: the society “Batkivschyna", the
society “Syna Desna”, the society “Prolisok”, the society of Ukrainian culture
“Mrija”, the regional center of Ukrainians “Dnipro”, the Ukrainian Center of
National Culture Zauralya “Jasen”, the society “Ukraine Seim”, Ukrainian
compatriots “Dnipro”, Ukrainian compatriots “Povolzhie”, “Kievan Rus”, the
society of Ukrainian culture “Promin”, the society “Svitanok” and the Ukrainian
society “Krynycia”. Thus, the UUR did not confirm its all-Russian status.
4. In violation of Article 29 of Federal Law No. 7 (FL 7), which prescribes the election
of the members of the governing body of a public association by a qualifying
majority, the By-Laws do not provide for the election of the governing Council by a
qualifying vote.
5. In violation of article 19 of FL 82, which stipulates that foreign citizens may be
members of a public association provided they are lawfully on the territory of the
Russian Federation, paragraph 4.1 of the By-Laws allows foreign nationals to
become members, without requiring that they meet the conditions contained in the
law. (unofficial translation)
The complaint goes on to acknowledge receipt of the two replies from the UUR, but rejects them
as insufficient to cure the aforesaid alleged violations. The MJRF then argues that the UUR’s
meeting of September 12, 2009, at which the UUR attempted to cure the aforesaid supposed
violations, was not conducted in accordance with the administrative regulations, since the UUR
allegedly did not disclose the members who were present at the said meeting, or the information
on the voting results. Thus, the MJRF argues that it is impossible to determine the validity of the
action taken. Additionally, the MJRF alleges that at least one regional public association that was
accepted for membership at that meeting of the UUR was not a juridical person, in violation of
Article 6 of FL 82. Further, the MJRF claims that a co-chair of the UUR, namely V. Semenenko,
appeared on “Radio Liberty” on January 4, 2010, and on a television program entitled “Freedom
of Thought” on April 27, 2010, in violation of Article 43 of FL 82, referring to the suspension of
a public association's activities.
Furthermore, the MJRF gave notice to the UUR of these alleged violations on
November 11, 2010, which was returned with a note with the comment “addressee vacated”.
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Therefore, the MJRF argues that the UUR failed to notify the MJRF of its change of address as
required by Article 29 of FL 82.
Pursuant to Article 44 of FL 82, the MJRF applied for a court order liquidating the UUR based
on alleged repeated or gross violations by UUR of the Constitution and laws of the RF, and the
failure to cure the supposed violations within the time period set by the MJRF.
The hearing before the Supreme Court of the RF will be held on January 31, 2011.
ARGUMENT CONCERNING THE UUR
Assuming arguendo the incontrovertible accuracy of all the factual allegations made by the
MJRF in the complaint, the supposed violations and defects themselves are only minor and
largely administrative in nature, and certainly not gross or even substantive breaches of the law.
Furthermore, no allegations are made that the supposed violations are of a repeated nature or that
they persisted despite prior warnings by the MJRF. Since the MJRF does not make any
allegations of previous audits of the UUR, or of any similar findings in the past, one can only
assume that the findings in question are initial in nature. Yet, the MJRF concludes that the
alleged violations are “repeated and gross”.Without specific allegations in the complaint to
support the conclusion that the supposed violations are “repeated and gross”, the MJRF should
be precluded from offering any proof of this conclusion in court. Thus, the court would be left
with a mere conclusion by the MJRF, but with no allegations or factual basis for reaching that
conclusion.
Without a prima facie legal case, the action of the MJRF appears to be motivated purely by
politics. The only way in which a judicial institution such as the Supreme Court could grant the
relief sought by the MJRF would be by merely rubber-stamping the position of the MJRF,
thereby exposing itself to the accusation that it is not an independent tribunal.
The reference in the complaint to the appearance by UUR co-chair V. Semenenko on “Radio
Liberty” and on the television program “Freedom of Thought” as a violation of the UUR’s
suspension, raises a red flag that clearly indicates the politically motivated nature of the
government's case. Such reference is completely unrelated to the substance of the alleged
violations forming part of the complaint or application for liquidation. Furthermore,
notwithstanding his position as co-chair of the UUR, V. Semenenko is also a human being
possessed of the right of freedom of speech, a right protected by international law, Russia’s
treaties and covenants with international institutions, and the Constitution of the RF, regardless
of any administrative suspension.
FNCAUR
On November 24, 2010, following an almost identical pattern of proceedings, the Supreme Court
of the RF rendered a decision liquidating another all-Russian Ukrainian organization, the
FNCAUR.
FNCAUR’s final appeal againt the above liquidation order will be heard by the Cassation Panel
of the Supreme Court of the RF on January 27, 2011.
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POSITION OF THE UKRAINIAN WORLD CONGRESS
It is the position of the Ukrainian World Congress that the conduct of the Russian authorities is
motivated by the desire to undermine the activities of the Ukrainian national minority in the RF.
This conflicts with the obligations of the RF as a member of the UN and the OSCE and signatory
of several international covenants.
Therefore, the Ukrainian World Congress is calling upon the international community to take
notice of this unacceptable conduct of the Russian authorities towards two Ukrainian NGOs in
the RF and to take prompt and decisive action to protect the human and national minority rights
of the Ukrainian minority in the RF.
UKRAINIAN WORLD CONGRESS

MEMORANDUM
DATE: JANUARY 20, 2011
RE: FEDERAL NATIONAL CULTURAL AUTONOMY OF UKRAINIANS OF
RUSSIA
BACKGROUND
In 1992, the Union of Ukrainians in Russia (UUR) was established in the Russian
Federation (RF). The UUR is a national member organization of the Ukrainian World Congress.
On March 27, 1998, another Ukrainian community organization was founded in the RF under the
name “Ukrainians of Russia”. On April 9-10, 2005, during the Third Congress of this
organization, its legal name was changed to “Federal National Cultural Autonomy of Ukrainians
of Russia” (FNCAUR).
The UUR and the FNCAUR are the two most prominent Ukrainian NGOs in the RF.
The RF authorities are now trying to liquidate both the FNCAUR and the UUR.
The RF is using the same tactics to disrupt the activities of the FNCAUR, the UUR and the
Ukrainian national minority in the RF as it did in its campaign against NGOs that began in 2006.
RELEVANT PROCEEDINGS REGARDING THE FNCAUR
Between July 20, 2009 and August 10, 2009, the Ministry of Justice of the RF conducted an
initial audit of the activities of the FNCAUR for the period between July 20, 2006 and
July 20, 2009 (the “Initial Audit”). The findings were as follows:
In summary, the audit alleged certain violations of Russian law, that both the By-laws of
the FNCAUR and the FNCAUR provided inaccurate information, and that the FNCAUR
did not conduct independent activities aimed at achieving its stated goals and objectives.
1. In violation of paragraph 8 of Part 1 of Article 29 of the Federal Law of 19.05.1995,
¹ 82-FZ “On Public Associations”, the FNCAUR failed to comply with the deadline for
the submission of information on form number ONOOOZ pursuant to Paragraph 2 of the
Resolution of the Russian Federation dated 15.04.2006, ¹ 212 (i.e. by no later than
April 15 of the year following the last filing).
2. In violation of paragraph 4 of Article 3 of the Federal Law of 12.01.1996, ¹ 7-FZ
“On non-commercial organizations”, the FNCAUR used its former name – “Ukrainians of
Russia” – on its seal, which the FNCAUR changed at its 3rd Congress held on
9-10.04.2005.
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3. In violation of paragraph 1 of Article 32 of the Federal Law “On non-commercial
organizations” and paragraph 3 of Article 29 of the Federal Law “On Public Associations”,
the FNCAUR, according to City of Moscow records, failed to submit annual statistics and
balances to the state for 2006-2008.
4. In violation of its By-Laws, Board meetings of the FNCAUR were conducted jointly
with the Russian public organization “Union of Ukrainians in Russia”.
5. In violation of its By-Laws, the FNCAUR failed to hold elections for its Council, Board,
Audit Committee and Co-chairs, whose terms ended in April 2009.
6. The FNCAUR submitted inaccurate member information for purposes of determining the
regional national-cultural autonomies (3 of the 9 registered regional autonomies were
struck from the Departmental Register of National Cultural Autonomies by the Russian
Ministry of Justice).
7. The FNCAUR failed to submit documents confirming the activities of the FNCAUR on
the implementation of its statutory goals and objectives, or information on the
implementation of the objectives of national-cultural autonomy, pursuant to Article 1 of the
Federal Law of 17.06.1996, ¹ 74-FZ “On national-cultural autonomy” relating to the
independent self-preservation of identity, language development, education and national
culture. (unofficial translation)
On October 19, 2009, the RF Ministry of Jutice suspended the activities of the FNCAUR until
January 12, 2010.
To comply with the suspension directive, the FNCAUR, which was one of the organizers of a
conference entited “Ukrainian studies in Russia: history, status and developing trends”,
scheduled for November 11-12, 2009, withdrew from this conference.
On December 24, 2009, the FNCAUR informed the RF Ministry of Justice that it had remedied
the alleged violations of the Initial Audit in all material respects.
Nevertheless, on February 9, 2010, the RF Ministry of Justice issued a further order that it would
seek the liquidation of the FNAUR. Ten days later, on February 19, 2010, the Ministry of Justice
filed a petition in the RF Supreme Court for the liquidation of the FNCAUR. This petition,
supported by a statement from a third party, alleged:
On October 29, 2009, V. Semenenko, in the name of the Ukrainian community,
participated in a public event of Radio Liberty […] On November 11-12, 2009, the
co-chairs V. Babenko and V. Semenenko organized and hosted an international
educational-practical conference in Moscow entitled “The history, status and future
development of Ukrainian studies in Russia” […] On November 26, 2009, V. Semenenko,
representing the FNCAUR, chaired an event commemorating “the victims of the
Holodomor and killings of Ukrainians in the 1930s”. This event was organized to support
and honor the victims with “an eternal flame” and a documentary-artistic exhibit about the
“Holodomor 1932-33 genocide of the Ukrainian nation”, which opened in Kyiv on
November 25, 2009. (unofficial translation)
The supporting statement from the third party alleged:
V. Semenenko, representing the Ukrainian non-governmental organization in Russia known
as the Federal National Cultural Autonomy of Ukrainians of Russia (FNCAUR), regularly
participates in events organized by foreign non-governmental organizations, including the
“Ukrainian World Coordinating Council” (UWCC) and the “Ukrainian World Congress”,
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(UWC) on “matters concerning the Ukrainian nation”. The leaders of these organizations
are advocates of nationalism and separatism […] The activities of V. Semenenko […] are
focused on spreading propaganda for the purpose of glorifying the Ukrainian nation […]
The FNCAUR aims to discredit the current activities and political course of Russia by
uniting nationalities, and its activities constitute a danger to the existing constitutional order
[…]. (unofficial translation)
The Ukrainian World Coordinating Council (UWCC) is a non-governmental not-for-profit
organization legally registered in Ukraine, and the Ukrainian World Congress (UWC) is a nongovernmental
not-for-profit organization legally incorporated in Canada.
On March 17, 2010, the FNCAUR filed its response with the RF Supreme Court, and also filed a
petition of its own in the Twersky Regional Court (where the offices of the RF Ministry of
Justice are located), to set aside the directive of the Ministry of Justice dated February 9, 2010.
On May 12, 2010, the Twersky Regional Court dismissed the petition of the FNCAUR. The
FNCAUR then appealed this decision to the Moscow City Court, which, in turn, on
September 9, 2010, dismissed the petition of the FNCAUR. However, the Moscow City Court
did not notify the FNCAUR of this dismissal until November 8, 2010. On November 19, 2010,
the FNCAUR appealed the Moscow City Court decision to the RF Supreme Court.
On November 24, 2010, the RF Supreme Court rendered its decision formally liquidating the
FNCAUR:
Article 44 of the Federal Law “On Public Associations” states that the basis for the
liquidation of a public association or the banning of its activities is, in particular, the
repeated or flagrant violation by the public association of the Constitution of the Russian
Federation, federal constitutional laws, federal laws or other normative legal acts, and the
failure to remedy the violations on which the suspension of the civil association was based
within the time period stipulated by the federal or regional state registration body.
Since the FNCAUR has repeatedly and flagrantly violated the provisions of the
Constitution of the Russian Federation, and the federal laws and regulations, and since
these violations were not remedied within the specified time period and during the period
of suspension, and the FCNAUR has continued to participate in public activities, there are
legitimate grounds to liquidate the FNCAUR. (unofficial translation)
On January 13, 2011, the Foreign Minister of the RF Sergey Lavrov declared that the liquidation
of the FNCAUR was the result of its alleged political activity:
http://www.ukrinform.ua/eng/order/?id=209924
FNCAUR’s final appeal against this liquidation order will be heard by the Cassation Panel
of the RF Supreme Court on January 27, 2011. This hearing will begin at 11:20 a.m. on
January 27, 2011 at the RF Supreme Court situated at 15 Povarskaya Street, Entrance 5, Moscow,
121260, Russia.
ARGUMENT CONCERNING THE FNCAUR
The Ministry of Justice of the RF made ten allegations in total against the FNCAUR, seven of
which were based on the findings of the Initial Audit, which resulted in the temporary suspension
of the FNCAUR. The last three alleged violations of the terms of the suspension, which served as
the basis for the petition to liquidate the FNCAUR.
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Of the initial seven allegations, only five can be considered to be alleged violations of the
activities of the FNCAUR, and they are moreover only minor in nature, namely: the alleged
failure to file a report on income, the alleged failure to change its seal to reflect the amended
name of the FNCAUR, the alleged failure to file a report on financial balances, the alleged
failure to convene a congress and hold new elections in accordance with the terms of the By-laws
of the FNCAUR, and the alleged failure to amend its internal register to reflect the striking of
three of the regional members of the FNCAUR. These five alleged violations were remedied by
the FNCAUR during the period of its suspension. In any event, only the alleged failures to file
reports on income and balances on time could be an issue in a democratic society, assuming
there was any income or balances to report. This was defended, or at the very least mitigated, by
the fact that the FNCAUR had no income, had no bank account or balances, and nonetheless,
committed to filing such reports in the future.
The alleged violations regarding the change to the seal, the updating of the internal register and
the convening of a congress to hold elections, were addressed and remedied within the time
period prescribed by the Ministry. It should be noted that the membership of the FNCAUR
extends from Kaliningrad to Kamchatka. Therefore, convening a congress for election purposes
is both logistically difficult and expensive. Nonetheless, the Third Congress was held in 2005
and the Fourth Congress was convened in 2009 shortly after the Initial Audit, in the same year.
One can hardly consider the aforesaid five alleged violations to be “repeated or flagrant”, since
they were limited to the Initial Audit, and were very minor in nature. Furthermore, they were
resolved immediately by the FNCAUR.
The remaining two alleged violations listed in the Initial Audit report are specious or contravene
generally accepted principles of democratic societies. The democratic right of assembly certainly
allows two Ukrainian-Russian non-commercial associations to hold joint meetings. The
“independent” conduct requirement set out in the Law “On national-cultural autonomy” refers to
conduct “independent” of governmental influence. Nowhere in existing Russian law or in any
democratic society is it forbidden to cooperate or work with another non-commercial public
association. Furthermore, the FNCAUR offered the explanation that, while joint meetings were
held, decisions were taken separately. The FNCAUR then committed to not holding any further
joint meetings to avoid any further misunderstandings with the Ministry. With respect to the
allegation that the FNCAUR was not functioning in accordance with the purposes set forth in its
By-Laws, the auditors’ report itself included a statement taken from the minutes of the FNCAUR
Board meetings acknowledging that the following topics were addressed: the inadequate
condition of Ukrainian education in Russia, the events surrounding the Library of Ukrainian
Literature in Moscow, scientific conferences, competitions, seminars, celebrations of the
anniversaries of Ukrainain writers, and appeals to governmental institutions.
The focus in this case should be on the three allegations concerning the activities of the
FNCAUR during the suspension period. Let us assume arguendo that, during the suspension of
the FNCAUR, V. Semenenko participated in a public appearance on Radio Liberty,
V. Semenenko and V. Babenko participated in a conference on the Ukrainian language, and
V. Semenenko participated in the opening of the Holodomor memorial in Kyiv, Ukraine.
All three activities are basic individual human rights that are protected in democratic societies
generally and by the RF legislation in particular.
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In fact, V. Semenenko gave the interview to Radio Liberty in his individual capacity only, the
FNCAUR withdrew as organizer from the Ukrainian language conference, and V. Semenenko
was actually in Moscow during the unveiling of the Holodomor Memorial in Kyiv.
This disregard by the Russian authorities not only of the facts and fundamental democratic
norms, but also the individual human rights legislation of the RF should not go unnoticed.
UUR
In late December 2010, the UUR was advised that the RF Supreme Court will now be asked to
adjudicate on proceedings initiated by the RF Ministry of Justice to obtain a liquidation order
against the UUR. This hearing will be held on January 31, 2011.
Essentially, the Russian authorities are exerting the same pressure against both the FNCAUR and
the UUR.
POSITION OF THE UKRAINIAN WORLD CONGRESS
It is the position of the Ukrainian World Congress that the conduct of the Russian authorities is
motivated by the desire to undermine the activities of the Ukrainian national minority in the RF.
This conflicts with the obligations of the RF as a member of the UN and the OSCE and signatory
of several international covenants.
Therefore, the Ukrainian World Congress is calling upon the international community to take
notice of this unacceptable conduct of the Russian authorities towards two Ukrainian NGOs in
the RF and to take prompt and decisive action to protect the human and national minority rights
of the Ukrainian minority in the RF.
Most urgently, the Ukrainian World Congress is requesting that the international
community send observers to the January 27, 2011 hearing regarding the FNCAUR before
the Cassation Panel of the RF Supreme Court, the final court of appeal available in the RF.
This hearing will begin at 11:20 a.m. on January 27, 2011 at the RF Supreme Court situated at
15 Povarskaya Street, Entrance 5, Moscow, 121260, Russia.