Thursday, March 06, 2014

Since We're Speaking of "lawful"....

Article 18 of the 2004 Ukrainian Constitution (currently in effect):
Article 18[edit] The foreign political activity of Ukraine is aimed at ensuring its national interests and security by maintaining peaceful and mutually beneficial co-operation with members of the international community, according to generally acknowledged principles and norms of international law.
The recent revelations of Victoria Nuland's telephone conversations, among other released communiques puts the US (among other parties) in direct violation of Article 18 of the Ukrainian Constitution. By fomenting the removal of the democratically elected president the the US did notmaintain "peaceful...co-operation with members of the international community nor did it ensure Ukraine's national interests.
Article 105[edit] The President of Ukraine enjoys the right of immunity during the term of authority. Persons guilty of offending the honor and dignity of the President of Ukraine are brought to responsibility on the basis of the law. The title of President of Ukraine is protected by law and is reserved for the President for life, unless the President of Ukraine has been removed from office by the procedure of impeachment.
Impeachment you say? What are the legal means of removing the President of Ukraine?
Article 108[edit] The President of Ukraine exercises his or her powers until the assumption of office by the newly elected President of Ukraine. The powers of the President of Ukraine terminate prior to the expiration of term in cases of: resignation; inability to exercise his or her powers for reasons of health; removal from office by the procedure of impeachment; death.
Article 111[edit] The President of Ukraine may be removed from office by the Verkhovna Rada of Ukraine by the procedure of impeachment, in the event that he or she commits state treason or other crime. The issue of the removal of the President of Ukraine from office by the procedure of impeachment is initiated by the majority of the constitutional composition of the Verkhovna Rada of Ukraine. To conduct the investigation, the Verkhovna Rada of Ukraine establishes a special temporary investigatory commission whose composition includes a special Prosecutor and special investigators. The conclusions and proposals of the temporary investigatory commission are considered at a meeting of the Verkhovna Rada of Ukraine. For cause, the Verkhovna Rada of Ukraine, by no less than two-thirds of its constitutional composition, adopts a decision on the accusation of the President of Ukraine. The decision on the removal of the President of Ukraine from office by the procedure of impeachment is adopted by the Verkhovna Rada of Ukraine by no less than three-quarters of its constitutional composition, after the review of the case by the Constitutional Court of Ukraine and the receipt of its opinion on the observance of the constitutional procedure of investigation and consideration of the case of impeachment, and the receipt of the opinion of the Supreme Court of Ukraine to the effect that the acts, of which the President of Ukraine is accused, contain elements of state treason or other crime.
Where was the "state treason" or "other crime"? Where was the court case proving either of these? Take a look at Article 106 and tell me what, under those powers Yanukovych violated.

Now as far as the protestors:

Article 37[edit] The establishment and activity of political parties and public associations are prohibited if their program goals or actions are aimed at the liquidation of the independence of Ukraine, the change of the constitutional order by violent means, the violation of the sovereignty and territorial indivisibility of the State, the undermining of its security, the unlawful seizure of state power, the propaganda of war and of violence, the incitement of inter-ethnic, racial, or religious enmity, and the encroachment on human rights and freedoms and the health of the population.

Political parties and public associations shall not have paramilitary formations.

The creation and activity of organizational structures of political parties shall not be permitted within bodies of executive and judicial power and executive bodies of local self-government, in military formations, and also in state enterprises, educational establishments and other state institutions and organizations.

The prohibition of the activity of associations of citizens is exercised only through judicial procedure.
[My emphasis]
The evidence speaks for itself on this point.
Poland, Hungary, Czech Republic, Slovakia, Lithuania, Latvia and Estonia are pushing for harder language on sanctions. The wording on Georgia and Moldova is important for them as a warning to Russia that it will not be allowed to pick off countries wanting closer links to EU. Diplomats tell me that the demand for “quick steps towards the dissolution of any paramilitary structures” could be dropped because it would also apply to Kiev groups, particularly the far-Right nationalist groups that are the backbone of the new government there.[My Emphasis]