Що коїться з юристами в Східній Європі в третьому тисячолітті? What is happening with lawyers in Eastern Europe in the Third Millenium? Что происходит с юристами в Восточной Европе в третьем тысячелетии?

What is happening with lawyers in Eastern Europe in the Third Millenium?

"All things are defined with a word, have a word in its base and originate in a word: the person dishonest in his words is dishonest in everything".
Laws of Manyu (Ancient India, II century B.C. - II century A.D.)
Paragraph VI, article 256.

"Guiding oneself with laws of judiciary one must keep in mind the truth, subject of one's self/, which is to remember that unfair decision can leave one away from eternal bliss, that is "achievement of heaven"/
Laws of Manyu (Ancient India, II century B.C. - II century A.D.)
Paragraph VIII, article 45.

"Unfair punishment is destructive for one's honor and it ruins glory among people, and in outer world it leaves one without Heavens, and people should avoid this".
Laws of Manyu (Ancient India, II century B.C. - II century A.D.)
Paragraph VIII, article 127.

"If a judge solved a case, made his final decision and wrote a document sealed with a stamp and then he changed his decision, this judge should reimburse the sum of money mentioned in the claim twelve times over; besides, during the gathering he must be expelled from the court and never come back and seat with judges."
Laws of Babylon king Hammurapi (§ 5), II century B.C

"In Ukraine human rights are mostly violated by officials of Ministry of Internal Affairs, Ministry of Justice and courts of general jurisdiction"

From the annual report, 2000
Ombudsman in Verkhovna Rada of Ukraine

"First time I came to the court with a respecful trambling in my heart. I was very surprised when I found out that almost in all courts they violate proceedings of the case and the whole procedure itself"
Inga Chervonyuk, Student of Law school of Kharkiv State University of internal affairs, Intern at Cneter of public protection at Kherson regional charity and health foundation.

"… He talked rudely, screamed, waved hands and all in all he refused to accept the claim, saying that it is comprised of two claims. But article 144 of Civil-processual Codex of Ukraine says that plaintiff has right to unite a few claims in one claim if they are inter-connected. When a sick woman, old enough to be the judge's mother, was telling me that, she was crying… and I understood that I will never be able to respect her abuser as a lawyer, as a judge and even as a human being. More than this, at that moment I felt distrust to the Government, where such judge can work unpunished."
Oleksandr Burmagin, student of Law school at Kharkiv State University of Internal affairs, Intern at Center of public protection at Kherson regional charity and health foundation.

"Making their decision judges must be independent and consider only laws"
The Constitution of Ukraine, article 129

So what is happening with lawyers in the XXI century? Why the specialists who received education in Universities and Academies and successfully graduated number of professional schools (judges pass evaluation of Higher council of justice that among twenty representatives has Head of Supreme Court of Ukraine, Minister of Justice of Ukraine, Prosecutor-in-general of Ukraine) - why do they violate human rights even though they had given the oath to protect them? What happens to diligent smart law-abiding students, what "evil" hits them beyond the walls of their Universities and Institutes? Why is it happening? Is it possible to change anything? What can be done so that future judges, attorneys, milicia realize value of human dignity, rights and freedoms?
And one more problem: frequently judges, prosecurtors, officials of Ministry of internal affairs, department of execution of the court sentences do not suspect that protection of human rights is a mission of the entire society, including non-governmental organizations as its important component. There is no Governmental monopoly in this sphere yet, but there is a joint responsibility of governmental institutions and community institutions before citizens in particular and society in general. In what Ukrainian schools can young citizens learn this, especially future lawyers? And what else should be done so that graduates of law schools will be ready to productive cooperation with non-governmental unions?
We hope that web-site "Lawyer-XXI" will help to unite efforts of those people who are seeking answers to these questions.
We know that in our country human rights are violated by those people who first of all must protect them and it concerns many teachers of law. They are the hope and base for our project: they know how to teach and they are in the center of events and possess necessary scientific and practical potential.
We hope that with their help we will be able to overcome danger of professional "evil" and when in a few years we start our work, we will be able to bring stable respect to human dignity, firm adherence to norms of law, culture of independence and impartiality to prosecutors' offices, police departments, courts and departments of justice. We humbly invite teacher of youth of Ukraine and other countries of the world to speak out on our web-site "Lawyer-XXI".
We invite students from different institutions of Ukraine and other countries of the world to share thoughts and ideas on this problem. We will be grateful for articles, scientific research materials, questions, answers, know-how, humor and even satire.
Creation of web-site "Lawyer-XXI" in the frameworks of Informational project "UAPravo" (www.uapravo.org) was initiated by the group of students from Kharkiv State University of Internal affairs (see "About us") >>> and fulfilled with support of staff of Kherson Regional Charity and Health Foundation and financial support of International Renaissance Foundation and Charles Steward Mott Foundation.

Editor's office, web-site "Lawyer-XXI": fmz@tlc.kherson.ua , fmz@uapravo.org