Transcripts For ESPRESO 20240703 : vimarsana.com

ESPRESO July 3, 2024

Of ukraine to ukraine another country in the territory of which he is at the request of ukraine , specifically if we are talking, but when we talk about extradition, it is exclusively within the framework of the fight against crime, that is, we are talking about combating crime, this means that in order for the extradition procedure to be launched and initiated by the relevant competent authorities of ukraine, it is necessary that a criminal proceeding be registered, that is , in relation to some crime, the fact of the crime, and that the person who is the subject of the request for extradition receive the status of a suspect in this case is criminal in this criminal proceeding, all criminal cases are therefore quite complicated, and this means that criminal proceedings must first be registered for one or another by the facts of criminal acts committed by citizens of ukraine if we say this in the context of khylian citizens from military service or from service, how is it regulated under what articles can these people be suspected of committing a crime, is there any understanding again now because mr. Arkhami said this on the air i dont understand what the next procedure is. What can the procedure be exactly in the context of conscripted men who went abroad . Who can prove . False, when we talk about illegal actions regarding the illegality of crossing the state border of ukraine, there are at least three components, and of course there may be more. Whether it tried across the river or came into circulation and entered the territory of another country, it is illegal if it is outside the checkpoints of the state border, it is illegal both from the point of view of ukrainian legislation and from the point of view of legislation of all the countries of the European Union, and this is where what i talked about at the beginning of these countries comes into play, that is, these countries independently return a citizen who illegally crossed the state border to the territory of the country with which he left in some hiding place, figuratively speaking, there in a double day, as we sometimes see stories from e pounds of the state border of ukraine, and then on the neutral lane, she has already crossed the state border of another country on the basis of a passport, and this is enough because the visafree regime is enough to enter the territory of poland, romania, the czech republic, and so on, the fact that crossing the state border while hiding from Border Control is a separate crime that is investigated by Law Enforcement agencies , but the most massive nature is precisely the use of forged, false, and false documents documents that allowed a person to leave the country , for example, there is a certificate that the person is disabled in the first or second group, he is not subject to conscription, neither in military nor in peacetime accordingly, there are no grounds for restricting the movement of such citizens of ukraine according to the current law of ukraine. From the point of view of the presented documents, they have officially crossed the state border, but from the point of view of the use of forged documents this is a separate crime that includes the responsibility of those who produced such false documents for known false information, the content of official documents and those who are such documents, we are aware that if a person uses the document without having the status, for example, there is a person with a disability, she presented a document that is she took advantage of this status with known effective documents, and this is in itself a crime of using forged documents to avoid the fulfillment of some constitutional obligations. Therefore, all this requires the registration of criminal proceedings , establishing the fact of the illegality or unreliability of the information, this is the competence of Law Enforcement agencies who investigate relevant crimes if we are talking about ordinary citizens who do not have a special legal status, it is the National Police if it is Public Servants military personnel is the state service, the state bureau of investigations and so on. That is, this aggregate means that these Law Enforcement agencies must register criminal proceedings, those who have established the fact must conduct appropriate investigative actions, including examinations that will establish that the documents were indeed falsified, and after that it is possible in accordance with the criminal Procedure Code including reporting in absentia or about suspicion, a person who used such an ee method of illegally crossing the state border receives the status the suspect and further may already be involved the rules of psychics about which you are asking whether mass extradition of male evaders is possible, but in the context that it is possible that they have certain forged documents with which they left the country, because if we talk about numbers, well, in poland they say it seems there are about 80,000 men of conscription age who crossed polish borders, it is not known why they are still in poland, for example yes , but we are talking about such a significant number of people who may be and it is reported in the news ukraine will extradite abroad well, in fact, from the point of view of the legal procedure of such a mass extradition of citizens, there is no criminal responsibility, it has a personalized individual character , according to each fact, it is necessary to contact it and provide the relevant documents that the person is hiding from the authorities of the pretrial investigation, from the court there and only after that , the extradition procedure can be used, but from the point of view, again , lets say the rules of the European Legal standards, which regulate the activity and the judicial power of Law Enforcement agencies , it can be appealed in court, and in poland or in bulgaria or in romania, and the final decision will be a conviction. Very thorough analyzes in the discussion , etc. , tell me, that is, the statement of mr. Arkhamii was such that he was in a hurry, and there is no such procedure, do the deputies of ukraine really have such a task to work out this procedure in order to return men of conscription age to ukraine, look at how far i have heard mr. Archangels interview and statement. He didnt talk about mass extradition, he only talked about extradition. Extradition can be mass if the Law Enforcement agencies that have registered criminal proceedings there are currently doing it, and if there is an evidence base, it can be done quickly enough. All procedures will be invented to suspect those persons who have committed such illegal criminal acts and then they can be extruded already if there is a large enough number of such a mass Procedure International law. Well, according to my information, there is none. Maybe i am wrong somewhere because i am not a deep specialist. The question is what are the traditions, and you registered a draft law on the postponement of mobilization for men over 30 years of age who obtain a Higher Education inconsistently or the second highest. Explain your motives, does it not contradict the draft law and such a possible law of the constitution is precisely if we talk about the right of citizens to education, well, first of all, there is an absolutely legal , legitimate possibility to limit the Constitutional Rights and freedoms, the constitution of ukraine also allows this, and the convention on the protection of human rights, the fundamental principles of freedom, which are governed by the European Court of human rights and International Facts about civil and Political Rights also allow the possibility of legitimate temporary restrictions on human rights under the legal regime of a state of military emergency therefore, to say that the right of a person who obtains a second , third or fifth education will be limited. If such a legislative Initiative Receives support my colleagues, i think there are problems with the constitutionality of such an initiative with compliance and International Standards , so what will not happen, but first of all, you need to understand that we are talking about people who, lets say, before the war, were like that and it was generally certain. 30 years ago, i started to get my second education there in a completely different field. By the way, after my initiative, i received very interesting facts by email to my official deputy address about the fact that we have a significant number of clear military personnel who graduated from nonmilitary personnel. Lets say people who graduated from military Higher Educational institutions and after the war started abruptly enrolled in fulltime education in completely different fields. That is, agricultural, technical engineering, etc. , that is, you know, the state spent a large amount on the training of officers. Money and a man, an officer who should have deliberately chosen the profession of a defender of the motherland, now also uses such a catchphrase, well, the referral is probably unlikely , well, right and fair, and so on thats why i think that when a person after Higher Education enters a Vocational School or some lyceum, well, obviously , he does not have to get an education from us, but only for the purpose of avoiding, but the question is who will prove it in the ministry of education, and they will somehow detect it, it should be a lie detector or what, that is, there is also such a question here, maybe a person decided to change his profession , this is a debatable enough question. I will not argue with you , this question is debatable, but when it comes to the right to education as a guarantee against being drafted for these the possibility of postponement from the crisis to military service, you know, there should be only one opportunity to use such a right, a person obtained his education there successively, e. Nonprofessional, but even more so when we look at the dynamics, it is obvious that there is , lets say, a very significant number of those who are offended by this. To the council, fedirvenislavskii, an employee of the president of ukraine in the parliament of the peoples deputy of ukraine, joined the broadcast of freedom in the morning, but we will continue this topic further. I encourage you to write your questions in the comments , because the topic is sensitive. Which are tangential to this topic in order to somehow avoid or prevent, more precisely, the attempts of male citizens of ukraine of draft age to avoid such evasion from service and how constitutional are such proposals in particular peoples deputies, is it possible to implement it, we will talk further, andriy novak, a lawyer, joins us and asked mr. Andriy such legal, specific questions, well, from mr. Venislavskyi. To realize there are some specific cases that are considered by ukrainian courts, and then there, for example, in the court of the polish courts that decide whether to return these citizens of ukraine or not, whether they exist now or not right now, the legal grounds for extradition of men conscripted from abroad, what laws can ukraine use here as a state and a specific person who wants to protect his rights. Does he not want to return to ukraine . Good morning, yes, planning slavske is right, he said that this procedure is quite complicated it lasted and its so simple. Its not organized in the first place to extradite a person abroad, and criminal proceedings should be opened in ukraine and an investigation should be conducted in relation to him he must be sentenced or at least there must be a sentence, i. E. There must be a certain procedural document, a court order on the search and extradition of such a man, or the verdict of the court that found the person guilty of illegal crossing or other crime, but taking into account the essence of the conversation, it is about illegal crossing and evasion, and only in this case, this Court Decision will be sent to the country of residence of such a person, and the local court will consider the issue of examining the citizen of ukraine on whether to refuse such a request or whether the legal term extradition can be applied in the context of the return to ukraine of men of conscription age and the term extradition can be applied to any persons who have been found guilty or who have been declared suspicious and there is a corresponding decision of the court on the expedition, it can be both forgery of documents and fraud, it can also be a huge number of other crimes. And if we are talking about people who illegally crossed the border, then it should be an investigation by Law Enforcement agencies has already been established, that is, if we are talking about conditional illegal certificates of the vlk, then first of all they need to understand whether the vlk certificate about the unfitness of a person was issued illegally, we need to understand whether it was open there were criminal proceedings, if criminal proceedings are opened, then in the future, was it announced that suspicions were sent and only after that we can talk about the expedition to poland. And are there such rules in poland in other countries if a person if this person registered as a refugee, for example, says that there is a danger to his life there, he does not want to return to ukraine, then on whose side will the country poland or any other country to which ukraine appeals, it is necessary to look right away th legislation of each country, their legislation and criminal procedural and refugee legislation and about aa legislation on temporary shelter because our citizens abroad who fled from the war, they enjoyed the rights of not refugees , they enjoyed the right of aa temporary the shelter that was provided by the relevant resolution on the convention of the European Union of the council of europe and these are completely different possibilities and consequences , therefore, we cannot talk about refugees at all. Citizens of ukraine and, accordingly, there are possibilities if, of course , everything is proven procedurally and there is a corresponding document, then the country that accepts such a citizen can consider and can satisfy but again, thats all it is necessary to look in a complex with our norms, our legislation and the legislation of the host country, only in such a synergy, e. P. Andriy , that is, it is impossible to apply mass extradition, specific proceedings, certain specific cases, they can be implemented according to the norms of the laws that you listed above, which were also mentioned by mr. Fedir veneslavskyi i thank you for participating in these simple topics, explained the unimportant points, we will follow the course of events, statements of initiatives to the verkhovna rada, andrii novak, a lawyer, joined us and we talked about the possibility of extradition of ukrainian men conscripted from abroad to ukraine, but in ukraine we reacted to the results of erdogans meeting with putin, the advisor to the head of the president s office , mykhailo podoliak, wrote on his twitter that this meeting confirms any negotiations with the russian president is, i quote, a sham and senseless. But in reality , where is everyone to blame . Apart from him, it was not russia that started the war , the grain agreement was disrupted by unidentified drones, etc. , nevertheless , the question remains open why again and again try to organize a fictitious mediation process that does not work, why try to provide russia with an artificial agent, knowing that russia will not comply with international law, fulfill agreements and voluntarily bear responsibility for the destruction, why play putins game, whose main task is to blame those who are not involved and kill the innocent in the meantime, but the minister of Foreign Affairs of Affairs Dmytro Kuleba believes that ukraine should develop an alternative corridor for the export of its grain, because even russias return to the agreement does not guarantee that this agreement will work, the black Sea Initiative was never extended after this meeting, however, it may do so soon, at least that is what the president of turkey hopes for with the elimination of its shortcomings, erdogan also says that ukraine should weaken its approach to solving this problem, in this context, we have prepared a package containing new proposals in consultation with the organization of the United Nations i think it is possible to get results with the help of this new process like turkey. We hope that we will reach a solution that will meet expectations in a short time , especially in ukraine, we need to soften our approach regarding the possibility of taking mutual steps with russia, renewing the agreement is not against russia , well, at least says putin, however, on the condition of lifting sanctions on russian Agricultural Products and fertilizers , in addition, putin demands an end to attacks on ships that protect gas transport flows in the black sea, which allegedly take place from ukrainian ports, we will be ready to consider the possibility of reviving the grain agreement, and i once again told mr. President today, and we will do it immediately, as soon as all the agreements recorded in it are fully implemented regarding the lifting of restrictions on the export of russian Agricultural Products on the results of the meeting between the president of turkey and its portuguese there to the president s of the russian federation, vladimir putin, we will talk further, in the meantime, in the comments, you can write whether you followed this event or whether they expected significant changes, i will note that the day before, the turkish mass media, including a, wrote topics for the meeting that was planned in sochi, and it was about the fact that in addition to the grain agreement, which, according to experts, is undoubtedly one of the main topics of the negotiations there, the president s could discuss , for example, the exchange of prisoners of war between russia, ukraine and including that they could discuss peaceful and possible peace negotiations there , because the

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