Despite opposition lawmakers taking over the parliament rostrum, supporters of President Viktor Yanukovych on Jan. 16 pushed through a wide-ranging law meant to quell public protests, restrict the work of nongovernmental organizations and crack down on independent news media and civic activism. And it was done with no advanced notice and no debate.
Passed in a matter of seconds by a show of hands from deputies of the ruling Party of Regions and Communist Party, along with more than a dozen independent lawmakers, the contentious new law – if signed by the president – will make it easier to prosecute activists, lawmakers and journalists.
Party of Regions lawmakers Vadym Kolesnichenko and Volodymyr Oliynyk authored the bill.
It makes the construction of tents and stages during public demonstrations without permission from authorities punishable by up to 15 days in jail or a fine by up to Hr 5,100.
The use of masks or helmets during demonstrations may lead to up to 15 days detention or a fine of up to Hr 4,250 under the law.
Also, blocking access to homes and offices of organizations would be an offense punishable by up to six years in prison, while driving in a motorcade of more than five cars would be a criminal offense that could lead to suspended driving privileges and vehicle seizure. Both have been used as tactics by anti-government protesters recently in an attempt to force authorities into conceding to their demands.
What’s more, a law on amnesty for participants of peaceful demonstrations, also adopted on Jan. 16, allows riot police officers to evade responsibility for beating participants of peaceful rallies as well as journalists covering them.
Speaking to journalists after the parliamentary session, Svoboda Party leader Oleh Tiahnybok said the passage of the bill was “simply a usurping of power.” Under the new law, his statement can in fact be interpreted as extremist, and may be punishable by jail term.
World championship boxer turned politician Vitali Klitschko of the opposition UDAR party called it a “violation of laws.”
“They do not have the legal basis,” he said.
As details of the law became public, social media users quickly drew parallels to Russia under President Vladimir Putin and Belarus under President Alexander Lukashenko, with one calling today’s events and the bill the “Belarusification of Ukraine.”
U.S. Ambassador to Ukraine Geoffrey Pyatt told the Kyiv Post that the actions taken today by Ukraine’s parliament “are a step away from democratic principles that our bilateral relationship is founded on.”
“We are all deeply troubled by the legislation that was forced through the Rada today in violation of existing parliamentary procedures,” he said. “The manner in which these laws were supposedly adopted calls into question their legitimacy.”
Swedish Foreign Minister Carl Bildt also weighed in on the day’s events. “Dark designs against democracy clearly behind what we saw in Kyiv today. And ultimately against independence of Ukraine,” he wrote on Twitter.
The hasty manner in which the legislation was passed led to scuffles between lawmakers. At least two were injured, though not seriously.
Changes in law that will affect EuroMaidan, other protests:
Movement in motorcade of more than five cars without permission of the police may lead to fine of up to Hr 850, confiscation of the car and loss of license for up to two years.
Violations in procedure of demonstrations – up to 10 days of arrest and fine by Hr 3,400.
Use of masks of helmets during demonstrations or participation in rallies where other people use them may lead to up to 15 days arrest or fine for up to Hr 4,250.
Set up of tents or construction of stages without police permission during the rallies — arrest to up to 15 days or fine by Hr 5,100.
Production and sharing including through the media of so called “extremist papers” that may include calling on to “mass riots” — fine by Hr 3,400 or up to three years in jail if the person does this again.
Blocking of access to houses or organizations — up to six years in jail.
Seizure of state or public buildings – from three to six year in jail.
Resistance to police or state representatives – from two to six years in jail or arrest by six months or fine up to Hr 8,500.
Changes in law that will affect journalists and media:
Responsibility for libel – up to one year of correctional labor or 200 hour of public works or fine by up to Hr 850.
Responsibility for libel shared in media or on the Internet – up to one year of correctional labor, or 150-200 hours of public works or fine by up to Hr 5,100.
Responsibility for libel containing accusations of grave crime – up to two years in jail.
Collection, processing and sharing of state databases with limited access – from three to six years in jail.
Internet users of any sort can be banned from the Internet based on an expert decision that this particular user disseminates criminal information.
Changes in law that will affect non-government organizations:
Law introduces a new term “foreign agent” that means non-government organization that receives financing from foreign states, people, NGOs and international organizations. Foreign agents will have to pay income tax, thus losing their non-profit status.
These NGOs when publish some information about themselves in media must indicate themselves as “foreign agents.” They should also provide report on their activity every three months and publish them on the Internet and also state newspapers “Golos Ukrainy” and “Uriadovy Courier.”
The activity of these NGOs may be banned by court decision if they violate interests of national security or public order.
Changes in law that will affect opposition lawmakers, citizens:
The procedure for removal of a lawmaker’s immunity has been simplified to one step.
A person can be sentenced in court even in absentia of any representative.
All mobile phone users will have to sign deals with operators and provide information about themselves.
Kyiv Post editor Christopher J. Miller and staff writer Oksana Grytsenko can be reached at [email protected] and [email protected].
