VICTORIES
Students win court claims

Human rights: catalog of international documents

Moral damage - myth or reality???

Decision 1 Decision 2 Students' medicine for national disease
A chronology of buying a compartment ticketThe last days of the last students' center?Will the students'center be?
City executive committee and HBK agreedHBK and the city executive committee did not agreeThe city council and HBK agreed
The won "Dream"How I protected myself from OVIR (Department of visas and registrations) 
Students' medicine for national disease

Nowadays Ukraine has no "movie image". May be it is in favour of some politicians, otherwise how can we explain the fact that local movie producers only have working breaks? Recently the thread has spread to national movie school. Half-legally the center for film processing (CFP) and sound center were expropriated from Karpenko-Kariy Kiev State institute of movie arts (see below). The department of movies and television could have been left without the most important part in the movie production process. But in Spetember 2002 the special students committee was formed to fight oppression.

According to the words of one of the committee organizers Maksym Demydenko, misfortune has accompanied the department since 1996, when it was separated from the territory of Kiev-Pechersk Lavra and relocated to the building of "Ukrkinokhronika". But the patience gave out when on August 2002 the Minister of Culture Mr. Bohutsky signed decrees ## 514 and 515. According to these decrees the CFP and sound center was given to Academy for post-graduate study in arts and culture. By the way, the same Academy occupied the building in Kiev-Pechersk lavra after the department had been relocated.

Both centers were taken away without much noise. Faculty were on their vacations, that is why students accidentially learnt about it. One of the movie directors decided to start a movie when the director of education studio informed that the center had been taken away. Not wasting their time, students united into a student committee, because theydid not want to give up. About 30 students united to protect their consitutional right for education.

The next day students gathered in the 85th room of the dormitory and started composing a letter to Mr. Bohutsky, where in eight paragraphs they explained illegitimacy of the above mentioned decress. Students offered to cancel the decrees, otherwise the letter would be sent to the Ministry of Justice for governmental examination and General Prosecutor's office. They also supported the letter about horrib;e state of things at te department with a thick pile of documents. It turned out that for seven years the department has not been financed for even a third part. Students also composed open letters to the public and the President.

On September 12, 2002 during an official meeting at the national film studio, organized in honor of Oleksandr Dovzhenko's birthday, students declared precautionary they would go on hunger-strike. The Prime-Minister Mr. Semynozhenko who was presen there occused them in being primitive. At 2.30pm the first group of students dislocated near the Cabinet of Ministers, the second one - near the Film House.

At 8 pm Mr. Bohutsky came out to speak with the strikers near the Cabinet of Ministers. He asked to stop the strike and promised to organize a meeting at the Ministry of Culture the next day. But the students refused to give up before positive decision is made.

The next day during his meeting at the Ministry of Culture Mr. Bohutsky promised to comply with the students' demands. And at the lunchtime they were given minutes from the meeting where speakers discussed financial, material and technical provision of the Institute, which was conducted on September 12th. The Vice-Prime-Minister signed all necessary papers.

In the afternoon students stopped striking and rushed to have something to eat.

Thus, a group of activists in the amount of 30 strikers saved their department and related centers. However, activists did not manage to gather other students for mass vigil. Some students disappeared, being busy filming their movies. Others did not understand why they should save CFP that spoils originally bad film (the only possibility is to make stylization for 20's). There were some who did not like the form of the protest. For example, one of the students from the department of film direction stated his position "To knock on miners' hard hats is not appopriate for students of arts university. If you want to attract public attention and Mass Media you have to organize performances and installations. Only in sych way you can prove your creative potential and necessity. I had an idea to gather all TV cameras of our institute (there is not too much, and all of them are extremely impressive: huge and rusty), hang them on the stand near the Cabinet of Ministers or Ministry of Culture as symbol of weapon. In such way we would aim our weapon at the government. Adding to it, we could use the last ten meters of the movie film and video everything…"

Most likely, an ordinary citizen will not ceparate students' hunger strike as something important, an ordinary citizen will probably put comma between Ukrainian problems. Thus, the most difficult part is passed, and now youth is not afraid to fight in unequal conditions, it is also not afraid of governmental reprsentatives any more. And we will still hear about "opposition performances", especially if student have time to prepare for new decrees. Now all strikers plan to unite in youth non-governmental organization in order to have juridical power when solving similar problems. The Statute of this team along with all necessary papers are being prepared for the City Council. In the nearest future the new NGO that will cure disease of national youth cinema will be created.

Darya Averchenko

Minister of Culture

and Arts of Ukraine

Mr. Bohutsky Y.P.

Copies: The President of Ukraine

The prime-minister of Uraine

Prosecutor general

Head of city council

Head of committees of Verkhovna Rada

September 5, 2002

Dear Yuriy Petrovych!

In Ocotber 1996 according to decree #508 signed at the Ministery of Culture and Arts of Ukraine, which was written by the President's order July 1, 1996 "To move all organizations and institutions from the territory of State historical-cultural park Kyivo-Pechersk Lavra", the department of film and television of Kiev State Karpenko-Kariy theatre institute was moved to the territory of Ukrainian studio of documentary and historical movies (studio Ukrkinokhronika)

By the order of the President of Ukraine Mr. Kuchma, on December 13, 2000, order # I-14/1575, the Minister of culture and the head of Kiev City state administration were appointed to "Solve the problem about providing the building for educational goals of cimena department" by August 1, 2001.

To execute this order, the colleagium of Ministry of Culture and arts of Ukraine signed a decree #1/3 from January 31, 2001. This decree mentioned critical situation with financial assistance to students for production of their diploma movies and students projects, it also mentioned insufficient amount of equipment and bad condition of the building. Paragraph 2 and 3 of this decree had certain plan how to solve the critical situation.

After the decree of Ministry of Culture and Arts # 454 from July 4, 2001 (given for execution by the order # 1/3 from January 31, 2001) all equipment was given to the Institute.

However, one year later after the decree # 514 from August 20, 2002 the Ministry first changes paragraphs 1.2.1, 1.2.3 (concerning sound center and center for film processing), and after the next decree #515 the building is given to the State academy for post-graduate study.

Analisys of the documents signed by the Ministry of Culture and Arts as well as analysis of legal data base of Ukraine shows:

1. The preamble of the decree # 454 from July 4, 2001 says that the decree should be approved by the colleagium of the Ministry of Culture and Art. Mentioned colleagium is the body, created according to paragraph 20 of the Statute about the Ministry of Culture and Arts, approved by the President's decree # 1038 from July 31, 2000. Colleagium works for "joint solution of questions that relate to competency of Ministry of Culture, discussion of the most important activities". The Minister of Culture must approve decisions of the colleagium and the Minister can not cancel them. Based on this, parts of decree # 454 were changed without colleagium's approval and therefore are illegitimate

2. It is necessary to say that decrees # 514 and 515 from August 20, 2002 reference to decree of the colleagium # 1/3 from January 1, 2001 was changed to a reference to the Statute of the Ministry of Culture, which was introduced in 2000 and was legitimate at the moment when decree #454 was signed on July 4, 2001.

3. As we know, the educational process at the depatment is comprised of theoretical and practical parts (videoing of students projects, pre-diploma, diploma works etc.). And to do all this work students need materials and equipment. Considering that students works are usually shot on balck-and-white film and they need special place for processing. The only studio in Ukriane that can handle such function is the center for tapr processing of Ukrkinokhronika. Thus, giving the center to the State academy for post graduate education they violated the President's order to provide the Institute with the building for educational purposes.

4. It is necessary to mention that the text of the order # 514 from August 20, 2002 did not mention the date when paragraphs 1.2.1, …., 1.2.3 were excluded: whether it is the date of order's power # 454 (from July 4, 2001) or from the date of the order's cancellation # 514 (from August 20, 2002).

5. When we read preamples to decrees # 454 from July 4, 2001 and decrees #514 from August 20, 2002, which cancels the previous one, we will find the same phrase that says the building is given to the Institute and than is taken away "with the goal to use building more effectively". But none of the governmental controlling bodies, revision bodies certified uneffective exploitation of the building. That is why we consider motivation for the decree ungrounded.

6. It is necessary to say that strengthening material and technical basis of the State academy for post graduate study, is it is said in the decree # 515 from August 20, 2002, is a very nice goal, but we are against strengthening this basis in the account of Ukrainian cinema.

We should finally understand that the department of film and television of Kiev State Karpenko Kariy Institute of theatre art is the only institution in Ukraine to prepare sepcialists on movie production. Destruction of its material and technical basis is a rude violation of the Legislation of Ukraine "About main aspects of cinema development up to the year 2005", which foresees "governmental protection and support to Ukrainian cinema".

7. It is interesting from the legal point of view that paragraph 3 from the decree # 515 from August 20, 2002 of Ministry of Culture and arts of Ukraine says they recommend the State academy for post-graduate study, studio "Ukrkinokhronika" and the Institute to sign agreement for joint exploitation of the building for more efficient usage of the equipment. But, considering that every establishment is a separate legal body, it can sign such agreements without any recommendations and doen not have to consider recommendations at all. Based on the recommendational character of the agreement, I have the impression that the Ministry of Culture and Arts of Ukraine solves all issues about educational on a very bad level.

Based on all information provided above, based on the legislation of Ukraine we propose to cancel decrees # 514 and 515 from August 20, 2002. Otherwise we will have to appeal to the Ministry of Justice and ask for governmental examination of these decrees. Besides, we are warning that starting on September 12 (Oleksandr Dovzhenko's birthday) we are beginning a hunger strike that we plan to finish on September 14 (Day of Ukrainian cinema).

We are asking you to reply within 5 days and send the letter to the Movie department of the Institute: 01133 Kiev, vul. Shchorsa, 18. Copies of the documents, supporting this letter are attached.