"Ukrainian court practice witnessed a milestone event. Public organization proved in a court, that the government acted unlawfully not having conducted a public hearings on the resonant draft law No.2342 to combat so-called discrimination", – mentions on their website All-Ukrainian public organization "Love against Homosexuality" (LAH).
The Manifesto of LAH stated: "We live at the heat of an era of this "ultimate queer revolution". Sexual minorities do fulfill their promise: they stand before us without masks more and more often, showing their dictatorial manners and having set their goal – to establish a totalitarian regime".
In March in order to fight mentioned above "totalitarian regime" this organization filed a lawsuit against the Cabinet of Ministers of Ukraine. The lawsuit concerned draft law No.2342 "On the principles for preventing and countering discrimination in Ukraine". That is the exact draft law that heated the debates in Verkhovna Rada, which led to practically an unison decision not to vote for it. "This document was intended to implement the term of "sexual orientation" into Ukrainian legal field. This caused an unprecedented public resonance, as well as thousands of letters of protest to the authorities and a lot of street actions", – noted LAH on their website.
"This legislative initiative directly concerns both constitutional rights and responsibilities of our citizens, therefore, before introducing such a draft law to Verkhovna Rada of Ukraine it should have been through the procedure of public discussion", – claimed the organization in a lawsuit.
On May 29th, a court of primary jurisdiction rejected all the lawsuit's claims of LAH, claiming that they were groundless. Afterwards the public movement turned to Kyiv City Court of Appeals and this authority issued its decision, and therefore a representative of the organization in a court, the attorney Sergei Gula, praised the judges for their responsible attitude to the duties and performing an act of bravery.
"The draft law No.2342 – is a shameful example of how some ministers and MPs, avoiding public opinion and trying to "push through" dangerous anti-democratic norms, – states the head of "Love against Homosexuality" Ruslan Kukharchuk. – Fortunately, this time, a consistent and decisive position of our citizens and the court helped common sense to win".
A copy of the Kyiv City Court of Appeals' decision was published on the LAH website, saying that the claim of the UPO "Love against Homosexuality" had been partially satisfied. "It is decreed to cancel the Decision taken by the Kyiv District Administrative Court on May 29, 2013 regarding refusal to recognize the inaction of the Cabinet of Ministers of Ukraine as unlawful, namely not having conducted a public hearings on the draft law. Regarding this part it is decreed to adopt the decision, where the lawsuit of All-Ukrainian public organization "Love against Homosexuality" is being partially satisfied. Regarding the other part of the decision of the Kyiv District Administrative Court it is decreed to remain unchanged".
A copy of the court decision, published on the website of LAH.
Автор: Gay Alliance Ukraine
