Mass riots

[Eugen]

GPU blames opposition leaders for today's riots

Prosecutor General of Ukraine Viktor Pshonka (pictured) said that no one, including opposition leaders, could escape responsibility for the events that occurred in Kiev today. This is stated in the statement of the prosecutor general, which was published by the GPU press service.

"Riots, the use of firearms by protesters, vandalism and arson are the realities of Kiev streets. Radically-minded groups seize public authorities, smash private offices, shops and pharmacies, destroy motor vehicles. Stones, incendiary mixtures fly into residential buildings, traumatic and firearms. Today we once again made sure that the authorities are exclusively interested in a peaceful settlement of the situation in the country. In this situation, opposition leaders should take responsibility for everything that happens on the streets of Kiev, "the statement said.

Pshonka emphasizes that it was the opposition leaders who announced the procession for two days, which turned into an armed confrontation.

“I, as the prosecutor general, can say: the ceasefire has been violated. For the sake of achieving my political interests, the agreements reached by everyone have been rejected and the lives and peace of millions of Kiev’s have been threatened. According to current information, about 100 people have already been injured in the clashes. For each victim, for every car burned and the broken window, the organizers of the riots will be held accountable, "said Pshonka.

According to him, the Prosecutor General’s Office will demand harsh punishment both for those who incited people to today's action, and for those who organized and directed them.

"No one will escape responsibility for today's events," he stressed.

Recall, as previously reported, the Ministry of Internal Affairs (MVD) and the Security Service of Ukraine (SBU) are ready by 18:00 to restore order in Kiev by all available means. This is stated in the joint statement of the acting Minister of Internal Affairs Vitaliy Zakharchenko and head of the Security Service of Ukraine Alexander Yakimenko posted on the websites of law enforcement agencies.

Article 294. Mass riots

The content of the Criminal Code of Ukraine

• 1. The organization of mass riots, accompanied by violence against a person, pogroms, arsons, destruction of property, the seizure of buildings or structures, forced eviction of citizens, resistance to government officials using weapons or other objects that were used as weapons, and also active participation in mass riots -

shall be punishable by deprivation of liberty for a term of five to eight years.

• 2. The same actions, if they caused the death of people or other grave consequences, -
  Shall be punishable by deprivation of liberty for a term of eight to fifteen years.

• 1. Riots encroach on public safety and public order. Mass riot is the violation of public order by an undetermined number of people - a crowd.

• 2. Objectively, riots manifest themselves in
  - Violence over a person;
  - Pogroms;
  - Arson;
  - Capture of buildings or structures;
  - explosions;
  - destruction of property;
  - Reliance to authorities using weapons or other items that were used as weapons.

• 3. The objective side of the offense under Article. 294 of the Criminal Code, form two types of actions:
  - The organization of mass riots, that is, the incitement of the crowd to riots, public calls for pogroms, before armed confrontation with the authorities, the leadership of the crowd, etc. actions;
  - Active participation in the riots, i.e. direct commission of pogroms, arsons, destruction, violence, etc.

• 4. Mass riots that led to the deaths of people (at least one person) or before the onset of other grave consequences (causing grievous bodily harm, great material damage, etc.). Qualified under Part 2 of Art. 294 of the Criminal Code.

• 5. Mass riots - a deliberate crime, direct intent: the organizers and active participants in the riots are aware of the social danger of their actions and wish the consequences specified in the law - pogroms, arson, destruction of property, causing harm to the health of victims by violence, etc.

• 6. The subjects of responsibility for the riots are only their organizers and active participants. In the actions of crowd participants who were at the scene of the riots by passive observers of the events, there is no corpus delicti, and they have criminal liability under Art. 294 of the Criminal Code are not subject to.

Article 345. The threat of violence against a law enforcement officer

[Criminal Code of Ukraine (Criminal Code of Ukraine) with commentary on the articles] [Article 345]
1. The threat of a drive-in, violence, or misappropriation of property to a law enforcement official, as well as against his close relatives in connection with the employee’s performance of official duties -

shall be punished by correctional labor for a term of up to two years or arrest for a term of up to six months, or restriction of liberty for a term of up to three years, or imprisonment for the same term.
2. Intentional infliction of beatings, light or moderate bodily harm to an employee of a law enforcement body or his close relatives in connection with the performance of official duties by this employee -

the applicable sentence is deprivation of liberty for a term of up to five years or imprisonment for the same term.

3. Intentional infliction of grievous bodily harm to an employee of a law enforcement body or his close relatives in connection with the performance of official duties by this employee -

shall be punishable by deprivation of liberty from five to twelve years.

4. The actions provided for by parts one, two or three of this article, committed by an organized group, shall -

the applicable sentence is deprivation of liberty for a term of seven to fourteen years. .

A comment :

1 . The main direct object of the crime is the normal activity of law enforcement agencies, their authority, and an additional object is the mental integrity of law enforcement officials or their close relatives, their health.

2. Victims of this crime may be: 1) a law enforcement officer, 2) his close relatives. For the concept of a law enforcement officer, see .. commentary on Art. 342, and on the concept of close relatives - a comment on Art. 115. [/list]

3. The objective side of the crime may be expressed in:

1) threat (part 1 of article 345)

2) beatings, as well as bodily injuries - lungs, moderate severity (part 2 of article 345) or severe (part 3 of article 345).

Responsibility for hours. 1 Article. 345 occurs when there has been a threat of murder, violence or destruction or damage to property. For the concept of threat see .. commentary on articles 66, 189.

The threat of violence should be understood as the threat of injuring a victim, bodily harm, or other violent actions. For the concept of the threat of murder, see .. Commentary on Art. 129, and on the concept of the threat of destruction of property - a comment by Art. 195.

A mandatory sign of a threat as part of this crime is that it is committed in connection with the performance of official duties by a law enforcement officer. For the concept of the performance of official duties by an employee of a law enforcement body, see .. comment Art. 342.

For the concept of beatings, lungs, moderate severity and serious bodily harm, see, respectively, Articles 126, 125, 122, 121 and commentary on 126, 125, 122, 121.

The crime is considered to be completed from the moment the threat was expressed (part 1 of article 345), causing beatings or bodily harm (parts 2 or 3 of article 345).

4. The subject of this crime in the form of a threat, causing beatings or slight bodily harm may be a sane person who has reached the age of 16 years, and in the form of causing moderate severity or severe bodily harm - 14 years of age.

5. The subjective side of the crime is characterized by direct intent.

6. A qualifying sign of a crime is the commission of an organized group. For the concept of an organized group see .. Art. 28 and commentary on it.

Protest is usually understood as an open reaction to the public situation: sometimes in support, but usually against it. Depending on the attitude of the authorities and the political regime, the protests are authorized and unauthorized.

Types of Protest

Political protest
The protest addressed to the authorities, the purpose of which is to change the political situation in the country.

Social protest
A protest against social inequality, problems existing in society, as a rule, is of economic nature. Often grows into a political form.

Cultural protest
The protest caused by any event in cultural life and entailed an aesthetic outrage of the population.

The concept of elections and their social function

Elections are the most common form of direct democracy. The Constitution of Ukraine determines that the expression of the will of the people through elections, referenda and other forms of direct democracy (in 69 Constitution of Ukraine). The science of constitutional law distinguishes two main forms of democracy - direct (direct) and representative (indirect) democracy. .

Immediate democracy is a form of direct democracy associated with the exercise of direct will of the people of Ukraine, a territorial community or other community of citizens established by law

Forms of direct democracy are methods of exercising power by the people of Ukraine or its part, excluding the transfer of power to any bodies or persons



Forms of direct democracy are:

• 1 election

• 2 referenda

• 3 consultative survey of citizens (consultative referendum);

• 4 general meeting of citizens

• 5 local initiatives

• 6 public hearings

All these forms of direct democracy are important, however, elections are one of the most massive events organized by the state with the aim of creating public authority. The organization and procedure for holding elections is mandatory from 20:00 to 1 Article 92 of the Constitution of Ukraine determined exclusively by the laws of Ukraine.

Today it is difficult to imagine a democratic state in which elections would not be held. Indeed, the most important public authorities are formed through elections - parliaments, local governments. Elections are held in most countries of the world and is evidence that there is democracy in the state - the power of the people.

Source [DLMURL] https://www.rbc.ua/eng/news/politics/pshonka-zayavil-chto-nikto-ne-izbezhit-otvetstvennosti-za-18022014174200 [/ DLMURL]