As in Ukraine, they put people in posts for Facebook. Three to five years – real sentences for the publication of “sedition” in social networks
The Western press, the US authorities and the European Union are now accusing the social network Facebook of influencing the results of the presidential elections in the United States and in the unauthorized access to personal data of millions of users.
However, the Ukrainian authorities went much further – Facebook users receive real verdicts for their publications.
“Country” gathered information about criminal prosecutions by Ukrainian law enforcers for publication in the world’s largest social network.
Three years on probation – for two posts in Facebook
In February 2016, a resident of Svetlovodsk, Kirovograd region, Roman Kolomiets received a sentence of three years probation for calls to overthrow the current government.
All the wine of the svetlovodtsa was that in his Facebook he placed two “wrong” records. In the text entitled “Ukraine, Rise” on January 24, 2015, he wrote: “Add to the new revolutionary community” Ukraine, rise up! “When we are 100,000 – go to the government quarter and take all the evil from the offices!”.
According to the conclusion of the expert brought by the investigation, there is a direct appeal to everyone (who gets acquainted with this text) to violent change of power and overthrow of the social order in Ukraine.
In addition, on August 8, 2015, the accused posted an account on his account called “Ukraine, get up!” with a video attached to it and the inscription: “Ukraine, rise up! It’s impossible to live with the old rats in a new way.”
In this video, according to the conclusion of the expert, attracted by the investigation, there is a direct call to rebel against the struggle, to raise an uprising against the existing authorities, that is, to commit actions aimed at seizing state power in Ukraine.
The investigation into this case since November 4, 2015 led the Kirovograd department of the SBU. At first, the Leninsky District Court of Kirovograd denied the special services three times in conducting a search of the suspect. The judge pointed out for the last time that calls for a change of power are connected with “the facts of large-scale corruption in the government and the deterioration of people’s lives as a result of the activities of the authorities, while pointing out the need to take into account the Maidan-2 mistakes.”
Therefore, according to the judge, “according to the interrogator’s request, all such appeals, including the appeals that were proclaimed during the Revolution of the dignity of 2013-2014, should be considered criminal.” According to the judge, this position of the investigation is not based on the requirements of the law:
Nevertheless, the prosecutor’s office and the Security Service managed to “squeeze” the accused. An agreement was concluded with him, on which he fully admitted his guilt. In return, the minimum penalty was approved – three years of imprisonment without confiscation of property. And since the accused was not previously convicted, the verdict was rendered conditionally, with a one-year grace period.
Three years on conditionally for 15 posts in Facebook and “VKontakte”
A similar verdict was received by a resident of Lutsk Vasily Solomonyuk in June 2017. His appeals he immediately published in two social networks – VKontakte and Facebook.
He was also charged under Article 109 of the Criminal Code “Public calls for violent change of the constitutional order and for the seizure of state power.”
The investigation into this case was also conducted by the SBU. There are 15 criminal episodes in the case. Calls for the seizure of power, the accused placed in social networks from May 2015 to March 2017.
Here are examples of texts that Solomonyuk blamed:
– “If we do not destroy power, the government will destroy us”;
– “Death to the regime of internal occupation – long live the nationalist revolution”;
– “The authority that declared an open war to its people must be removed by the forces of the national revolution”;
“They will not give power voluntarily through peaceful elections, they can not be thrown out only by force of arms, by means of insurgent armed struggle.” All the organizational work of patriots should be focused on three main areas: recruitment, combat inspection and training of insurgents, formation of groups; extraction of weapons, finances and equipment by any means, revolutionary-insurgent propaganda with clear accents on armed struggle against the regime … “;
– “The only way to fight the authorities, which ignores the law and earns money,” etc.
As we see, the resident of Lutsk called for the overthrow of the government from the nationalist positions. According to the findings of the SRI of special equipment and forensic examinations of the SBU, these publications were propagandistic and agitational in nature and aimed at organizing an armed uprising against the current government.
Experts of the Security Service of Ukraine found “invective (containing sharp criticism) assessments of the” Poroshenko regime, “that is, the image of the government, as well as the government as a whole, which the author called to be destroyed by violent, armed means during the” national revolution “.
As a result, a resident of Volyn was sentenced to three years probation.
Three years on probation for the call “to take up arms”
A similar verdict was received by Uzhgorod resident Yury Baranovsky. January 31, 2017 in the local Facebook-group “Peresichka” Uzhgorod “under the announcement of the convocation of the rally at the building of the regional administration, he posted the following statements (spelling preserved):
– “Will they issue weapons or should they have theirs?”;
– “You understand that it is not worthwhile to go there without arms and it’s not so easy to stand and pomiting it will not help this bastard has already adapted to the rallies and they continue to breed like the Colorado beetles”;
– “people zass … with arms to seriously go and bring down these scumbags because everyone has their own hut on the edge.” Maybe I’m wrong? “;
– “And the police – the police and other SBU and the national .. The guards are already ready to disperse and beat people, I tell you this as a person who understands the tactics of Avakovism”;
– “If you want order, then you have to take all the weapons in your hands and bring down the whole of the brethren if not then why these calls.”
Law enforcers found these statements public calls for the seizure of state power in a violent way. Transcarpathian SBU on February 4 conducted a search at the place of residence, and on February 7 arrested the author of the communications.
As a result, on February 17 he fully admitted the blame and concluded an agreement with the prosecutor’s office about this. It seems that the measure of restraint in the form of arrest affected the defendant in the right direction.
The agreement on confessing guilt was approved by the verdict on March 7, 2017. As in previous cases, for public calls for a violent change in the constitutional order and for the seizure of state power, the Transcarpathian was sentenced to three years probation under article 109 of the Criminal Code.
Five years on probation – for calls to secession of Transcarpathia
But another Zakarpattya, Zoltan Vash, on much more serious charges, too, received a suspended sentence. He was charged four charges under articles 109 and 110 of the Criminal Code.
Zoltan Vash was the administrator of the Hungarian-language Facebook group “Karpatalja nem Ukrajna”, which translates as “Transcarpathia is not Ukraine”. Starting in 2014, he placed in her calls for autonomy, the separation of Transcarpathia and its annexation to Hungary. And often he did it while on the territory of Hungary:
In addition, in an interview with the TV channel “Russia 1”, while in Budapest, on July 13, 2015, the accused called: “Or go, or fight for the liberation of Transcarpathia from the Ukrainian authorities!”.
Despite the severity of the charges, the prosecutor’s office also entered into an agreement with the Transcarpathian. He pleaded guilty, in exchange for mitigating punishment, and received a five-year suspended sentence. It is only entrusted with the obligation to notify the supervisory authorities of the change of place of residence, work or study.
3.5 years in prison for Facebook posts and kalashnikov under the bed
Unlike the “nationally-oriented” defendants named above, Kharkiv’s Alexei Golovko was less fortunate: he received a conditional and quite real prison term.
Kharkov SBU in August 2015 brought a case because of several texts in Facebook Kharkov, who worked as a storekeeper in a commercial firm. He was charged under part 1 of Article 110 of the Criminal Code “Encroachment on the territorial integrity and inviolability of Ukraine.”
The fault of the Kharkov storekeeper was that on his Facebook page he posted several times the texts that the Security Service considered anti-Ukrainian. According to the verdict of the Oktyabrsky District Court of Kharkov, the accused had “pro-Russian views” and did not support the conduct of the ATU.
The SBU found that from May to July 2015, the Kharkiv citizen posted in his Facebook texts “about the exploits of the people of Donbass,” images with the texts “Ukrainian, remember, you are not a nation, but belonging to the Uniate religion!”, “The fighters of the APU are no different from the Nazis “, etc.
Kiev Institute of Forensic Expertise on the basis of the results of studying the texts of the Kharkiv citizen issued the following cruel conclusion.
According to Kiev experts, the texts of the Kharkov storekeeper were aimed at “… destroying the Ukrainian statehood by creating a state formation in the territory of Ukraine” Novorossia “and detaching from it the western regions of Ukraine, depriving Ukrainians of their spiritual and cultural essence and national identity and physical destruction of those who defends the Ukrainian national idea, and, in general, to discredit the state of Ukraine, the Ukrainian authorities, the people of Ukraine, Ukrainians who defend the Ukrainian nationality idea, and the military of the Ukrainian army in the eyes of the inhabitants of the eastern regions and Ukrainian society as a whole, the opposition of the East and West of Ukraine and the interests of these regions, the strengthening of civil and armed confrontation between the inhabitants of Donbass and the central government, and between the inhabitants of Donbass and residents of other regions of Ukraine, riots and the expansion of the territory of the self-proclaimed “DNR” and “LHP.”
As a result, experts came to the conclusion that through his Facebook page, the accused committed “public calls for committing intentional actions aimed at changing the boundaries of the territory or state border of Ukraine”:
In the future, these charges were added to the purchase and storage of weapons and ammunition. The verdict says that under “circumstances unidentified during the investigation,” the “unknown time” and “unidentified place”, the defendant purchased a Kalashnikov assault rifle.
The identity of the seller of weapons to the investigation of the SBU also “could not be established.” The only thing that law enforcement officers know about him is the name “Sergei”.
Still, according to the verdict, in exactly the same unidentified manner, the accused purchased 30 automatic cartridges. And the bullets were for some reason with an armor-piercing core.
Weapons and ammunition during the search on September 21, 2016 were found under the bed in the apartment of the accused. On September 23, the defendant was detained and placed in jail. And on October 24 the prosecutor’s office entered into an agreement with him on recognizing the guilt, which was approved by the court on November 16. As a result, according to the totality of the two articles, the Kharkov citizen received three years and six months of prison term. And, unlike previous cases, not conditional, but quite real.
For calls to “pull down the junta” in Kherson, a medical center was arrested
Another SBU is investigating criminal proceedings against ex-MP Aleksey Zhuravko. The reason was a video posted on his Facebook page, where the former People’s Deputy called for “getting up from my knees and protecting my Kherson region from this lawlessness” and “tear down this junta.”
The SBU scrupulously estimated that as of November 12, 2015, the video in the social network Facebook was viewed 271 times, its 4 reposts were done, 31 people liked the video (like the likes), and under the video there are 4 comments of citizens who liked this video .
Another Security Service was reserved by the conclusion of specialists from Kherson State University, who came to the conclusion that in the speech of Alexei Zhuravko, in fact, there are public calls for the overthrow of state power. In the opinion of unnamed university employees, in the context of the statements in the video, “the junta must be demolished,” “this junta must be demolished …” The ex-MP according to the term “junta” means state power, and the term “demolish the junta” – overthrow of state power.
Also, the SBU ordered the conduct of a semantic-textual (linguistic) expertise in the already mentioned by us Kiev Institute of Forensic Expertise. According to the conclusions of the experts, A. Zhuravko’s appeal contains public calls for the implementation of certain actions, in particular, hindering the work of local authorities in Kherson region, civil resistance of the current authorities, changing or dismissing officials of state authorities, conducting active actions that can contribute to violent change, overthrow of the constitutional order, seizure of state power in Ukraine, violation of the principles of unity and territorial integrity of Ukraine.
On the basis of these conclusions, the Kherson SBU considered that the former People’s Deputy Zhuravko committed a criminal offense under Part 2 of Article 109 of the Criminal Code “Public calls for violent change or overthrow of the constitutional order or for the seizure of state power.”
In this case, for the time being, there is no verdict. Zhuravko himself is abroad. But in the framework of criminal proceedings, the SBU arrested A. Zhuravko’s share of 30% of the statutory fund of the Medical Center Med-City. This became known from the definition of the Kherson city court of December 22, 2017.
Threats on Facebook are also a crime
Not so long ago it became known that someone through Facebook threatened the head of the Zaporozhye regional administration Konstantin Bril. November 27, 2017 to him through Facebook Messenger began to come messages that contained threats of murder to him and his family. Messages came from an unknown person under the nickname “Ustim Karmelyuk.”
After the unknown accused Bril of seizing property, the Zaporozhye governor guessed who he was dealing with. His father, in his time in the course of a legal dispute with Zlatobank, seized the property, which was taken from one of the debtors of the bank, as repayment of the debt to the bank. When Zlatobank took this property from the debtor, the latter opened fire and wounded one of the police officers.
Now the offended debtor began to threaten the Zaporozhye governor. On this fact, criminal proceedings were opened under article 129 of the Criminal Code. This became known from the definition of the Ordzhonikidzevsky District Court of Zaporozhye.
How the Lisichansky Court demanded documents from Facebook
But in the case of a loud murder of a deputy of the Severodonetsk city council, Sergei Samarskiy, on November 2, 2017, Facebook became one of the defendants.
Police investigators found that the information of the account facebook.com/sergej.samarskij, which belonged to the murdered deputy, is in the administration of the social network Facebook. The administrator of the domain name facebook.com is registered at: Facebook Inc., 1601 Willow Road, Menlo Park, CA 94025, United States.
As a result, the investigation, through a local court, decided to claim documents from an American corporation.
The investigators substantiated their request by the fact that available and deleted messages on the communication of Sergei Samarskiy with other users through Facebook-messenger can be connected with the murder, in particular, contain information about threats, preparation and committing of the murder. As a result, the Lisichansk City Court granted the request of investigators and requested access to information and documents of Facebook:
As reported by “Country”, Facebook is accused of leaking personal data of 50 million Americans. And, as former scouts and cybersecurity experts consider, this social network could be aware of what is happening.
Information taken from: https://strana.ua/articles/rassledovania/131274-sudy-v-ukraine-nachali-vynosit-realnye-prihovory-za-posty-v-facebook.html