13.01.2011 16:50

Court declares invalid decree conferring Hero of Ukraine title to Bandera

MIGnews.com

A court has declared invalid the decree No 46/2010 of President Viktor Yuschenko dated January 20 2010, which conferred the Hero of Ukraine title to Stepan Bandera.

"The decree No 46/2010 'On the conferral of the Hero of Ukraine title to S. Bandera' by President Viktor Yuschenko dated January 20, 2010, has been found invalid by a court ruling," the Ukrainian president's press service said on Wednesday.

The statement does not specify which court made the decision, when and on whose claim.

As reported, on January 22 2010 the third president of Ukraine, Viktor Yuschenko, conferred the rank of a Ukrainian hero to Stepan Bandera, the leader of the Organization of Ukrainian Nationalists (OUN).

On April 2, Donetsk District Administrative Court declared unlawful and subject to repeal the decree of President Viktor Yuschenko conferring the title of Hero of Ukraine to Stepan Bandera. The plaintiff in the case - lawyer Volodymyr Olentsevych said that under the Ukrainian legislation the title of Hero of Ukraine may be conferred only on a citizen of Ukraine. According to him, Bandera is not a citizen of Ukraine, since he died in 1959 before Ukraine gained independence in 1991.

Yuschenko appealed to the Constitutional Court of Ukraine against the ruling by Donetsk District Administrative Court.

At the same time, the Constitutional Court refused to start constitutional proceedings on the constitutionality of Yuschenko's decree.

Bandera was a Ukrainian political activist who headed the Organization of Ukrainian Nationalists (OUN), which was fighting for Ukraine's independence from Polish, Russian and other foreign invaders. Bandera was killed by KGB agent Bohdan Stashynsky in Munich on October 15, 1959.

Yanukovych's personal decision behind stripping Bandera of Hero title, says Tymoshenko's Bloc

The invalidation of third president Viktor Yuschenko's decree conferring the title of the Hero of Ukraine to Stepan Bandera, the leader of the Organization of Ukrainian Nationalist, is purely political and has nothing to do with legal matters, the press service of the Bloc of Yulia Tymoshenko (BYT) and the Batkivschyna all-Ukrainian Association said.

"It is obvious that this is a personal decision by [incumbent president] Viktor Yanukovych and he is only covering it up using the judicial system, which is currently fully controlled by the president and his administration," the Bloc of Yulia Tymoshenko said.

The BYT said that the cancelation of the decree conferring the Hero title to Bandera is a direct violation of Yanukovych's election promises to avoid any ideological issues which are splitting the society.

Yuschenko: Stripping Bandera of Hero of Ukraine title poses threat to Ukrainian statehood

Third Ukrainian President Viktor Yuschenko (2005-2010) believes that the decision to cancel his decree conferring the Hero of Ukraine title to Stepan Bandera, the leader of the Organization of Ukrainian Nationalists, is politically motivated, his press secretary Iryna Vannykova has said.

"We believe that it is a political decision," she told Interfax-Ukraine on Wednesday.

Vannykova noted that in Yuschenko's opinion, the cancellation of the decree conferring the Hero of Ukraine title to Bandera posed a threat to Ukrainian statehood.

"In this issue, the truth is on the side of Ukrainians, but it is a challenge and threat to Ukrainian statehood," she said.

According to Yuschenko, "the authorities are making a big mistake – enjoying the support of only a third of Ukrainians, they should have worked to unite the public, rather than split it," she said.

Vannykova noted that the authorities should understand that "attempts to rewrite Ukrainian history, humiliating Ukrainian heroes in order to please the Kremlin and Moscow through ordered court rulings, are setting the people against the authorities, because for a large part of Ukraine Stepan Bandera and Roman Shukhevych are national heroes."

She noted that the lawyers of the Our Ukraine Party earlier filed cassation appeals against illegal rulings by the courts.

On January 20, 2010, third Ukrainian President Viktor Yuschenko conferred the Hero of Ukrainian title to Stepan Bandera, the leader of the Organization of Ukrainian Nationalists (OUN).

On April 2, Donetsk District Administrative Court declared unlawful and subject to the repeal of Yuschenko's decree conferring the Hero of Ukraine title to Bandera. The plaintiff in the case - lawyer Volodymyr Olentsevych said that under the Ukrainian legislation the title of Hero of Ukraine may be conferred only on a citizen of Ukraine. According to him, Bandera is not a citizen of Ukraine, since he died in 1959 before Ukraine gained independence in 1991.

Yuschenko appealed to the Constitutional Court of Ukraine against the ruling by Donetsk District Administrative Court.

At the same time, the Constitutional Court refused to start constitutional proceedings on the constitutionality of Yuschenko's decree.

Bandera was a Ukrainian political activist who headed the Organization of Ukrainian Nationalists (OUN), which fought for Ukraine's independence from Polish, Russian and other foreign invaders. Bandera was killed by KGB agent Bohdan Stashynsky in Munich on October 15, 1959. Interfax-Ukraine

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