Fomin - Publications


Igor Fomin
An attorney is a friend and counsellor to a person, who, according to his sincere conviction, is always innocent or not so much and not what he is accused of.
A. F. Koni

Everything going on with the legal system of Ukraine gets into the state of shock even the most weather -beaten representatives of the law circles. I have a feeling as though the rotten and rusted with corruption flivver of the state administration has completely lost mind. Besides that, everything has not been working properly in it for a long time, certain people, absolutely unable to evaluate reality, are trying to or have already got to the administration steering wheel.

The desire to pitch people the line with some cheap spins has overstepped all the boundaries. I find myself looking at the latest events with professor Preobrazhenskiy’s eyes from the film “Dog Heart”. Political figures marching and hiding behind revolutionary slogans don’t give a toss about all laws not only in Ukraine but the international conventions world democracy achievements as well.

Nowadays, two events are leaders in the legal and social circles. The first one is the Law on Special Confiscation №4057 already passed in the first reading by our famous Verkhovna Rada.

Not only ignorance, but also intentional crimes stand behind the words about the necessity to arrest money and securities of Yanukovych’s criminal authority to the Ukrainian budget. The most suitable slogan for this is “Scream, Grab and after us, the deluge”. They try to mislead people, to get a cheap spin and a one-minute benefit, to share legally inexplicable money, and later Ukrainian citizens are obliged to pay all this money back with high interest rate for the legalized embezzlement.

Why am I claiming this?

These changes contradict to Human Rights Convention and basic freedoms, the Constitution of Ukraine and law basics in general. It’s strange, but the amendments are passed to the Code not governing the issues of the confiscation. The above stated issues are determined in the Criminal Code of Ukraine.

The first thing we must understand in this legislative fraud is that the confiscation is not the legal proceeding. The confiscation is the punishment!

Quote:’ The confiscation is additional punishment for felonies and extremely serious offences, crimes against National Security of Ukraine and Civil Security irrespectively of the criminal act degree. It is rendered only in cases stipulated in special part of Criminal Code of Ukraine’ (Article 59 (2), Criminal Code of Ukraine).

What is the punishment? The punishment is the measure applied by the State under the court verdict against the person found guilty in a criminal act and determines the restriction of rights and freedoms of the convicted under the law. (Article 50 (1), Criminal Code of Ukraine).

Who can the confiscation be applied for? This is the confiscation of all or a part of the property without payment belonging to the convicted. (Article 59 (1), Criminal Code of Ukraine).

The key principle of the responsibility to apply any punishment lies in the basis of any sphere of law. This is the Guilt!

Article 6 of Human rights defense convention stipulates ‘Every person charged with a criminal act is innocent until his guilt is proved in the legal way.’ Article 62 of Constitution of Ukraine has the same content.

Aren’t our legislators aware of these facts? Can’t the Constitution of our country and its international obligations be applied to them?

We already have millionth claims to draw from Ukraine directly by ex-President for flaccid attempts and lost international lawsuits.

The second shocking event is the murder of the attorney Hrabovskyi. Yesterday I saw the pictures claiming he had been killed for fulfilling his constitutional duties, in particular the defense of the person in the court. The murder for defending!

Ukrainian State has never faced anything like that in its history!