Sunday, October 21, 2018
Pylyp Orlyk (Hetman in exile)
Pylyp Stepanovych Orlyk (born on October 11,
1672 in Kosuta, Ashmyany county, Grand Duchy of
Lithuania (today in Vileyka Raion,
Belarus), died on May 26, 1742 in Jassy, Principality of
Moldavia (today Iaşi,
Romania) was a Zaporozhian
Cossack starshyna, Hetman in exile, diplomat,
secretary and close associate of Hetman Ivan Mazepa.
After the Battle of Poltava in 1709, he escaped
together with Hetman Ivan Mazepa and king Charles XII of
Sweden to Bender in the Principality of Moldavia, where
Mazepa soon died. #Pylyp_Orlyk was then chosen as a Hetman in exile by the cossacks and the
Swedish king Charles XII. While
in Bender Orlyk wrote one of the
first state constitutions in Europe. ThisConstitution of
Pylyp Orlyk was confirmed by Charles XII and it also names him
as the
protector of Ukraine.
The first Ukrainian Constitution (1710)
"Mirabilis et incomprehensibilis Deus in iudiciis suis, misericors in diuturna patientia, iustus in poena, ut continuo a condito hoc visibili mundo, iustissima iudicii sui lance una regna gentesque exaltat, altera pro delictis et iniquitatibus humiliat, una demancipat, altera vindicat, una extollit, altera deprimit."
The
first Ukrainian Constitution was written in Latin, more than 300 years ago
in a small town in Moldova and approved by the King of Sweden. The
author of the Constitution was hetman in exile - Pylyp Orlyk. His son Grégoire Orlyk was a marshal of France. The Orly commune
near Paris was named after Grégoire Orlyk, who had his estate in the area.
Orlyk’s Constitution
appeared 22 years earlier than the birthplace of the first American President
George Washington, and 80 years ahead of the ideas of the French Revolution.
When the Swedish-Ukrainian
troops suffered defeat at Poltava, Pylyp Orlyk not betrayed the oath and stayed
with Ivan Mazepa and the dream of complete independence of Ukraine. Since then
he was in Turkey, in the town of Bender. After the death of Grand Hetman Ivan
Mazepa April 5, 1710 Hetman of Ukraine elected Pylyp Orlyk. On the same day and
declared the so-called Constitution. The full name of the Constitution is “Pacta et
Constitutiones Legum Libertatumque Exercitus Zaporoviensis”.
The Constitution was made up of the preamble and 16 articles.
Ukraine is home to one of the first constitutions in the world
Today Ukraine is
celebrating Constitution Day, remembering when it finally adopted its
Constitution in 1996 after the break-up of the USSR.
But its first Constitution goes much further back - in 1710, the Kozak Hetman Pylyp Orlyk adopted the "Pacts and Constitutions of Rights and Freedoms of the Zaporizhian Host," known as Pylyp Orlyk's Constitution.
But its first Constitution goes much further back - in 1710, the Kozak Hetman Pylyp Orlyk adopted the "Pacts and Constitutions of Rights and Freedoms of the Zaporizhian Host," known as Pylyp Orlyk's Constitution.
“Persistent hierarchical association” – A euphemism for “organised crime”
BY
Currently underway in Odessa is criminal case 420170000000001712 relating to over UAH 4 billion in tax avoidance and money laundering – with money laundering being given the euphemism of “legalising funds obtained by criminal means”.
Roughly translated it states charge reads “Unidentified persons created a persistent hierarchical association of several persons (5 or more) whose members or structural parts were arranged by prior agreement for joint activities with the aim of directly committing serious or especially grave crimes by members of this organisation, leading or coordinating the criminal activities of other persons, or ensuring the functioning of the criminal organisation itself or other criminal groups, that is, they have created a criminal organisation with the aim to achieve tax evasion in especially large amounts, and further legalisation of funds obtained by criminal means.” The charge goes on to state specific regions of Ukraine (obviously including Odessa) and across the territory of Ukraine more broadly.
So who are the “Unidentified persons” who “created a persistent hierarchical association” (organised crime group)?
It’s Officially Flu Season – Get Your Shot, Not Your Suit
Posted in EEOC
This is not the first time you’ve heard from us about flu shots in the workplace (see our January 25, 2018 post). And here we are again. Each flu season, employers find themselves in the hot seat when well-intentioned attempts to implement a policy backfire. This year is no exception.
On September 28, the Equal Employment Opportunity Commission (the “EEOC”) filed suit in Tennessee federal court against a hospital alleging religious discrimination due to the hospital’s handling of a flu shot accommodation request. See Equal Employment Opportunity Commission v. Saint Thomas Health, 18-cv-00978.
Saturday, October 20, 2018
Ukraine makes progress, but necessary to eradicate systemic corruption - U.S. Assistant Secretary of State
Ukraine has made efforts to fight corruption, but much more needs to be done to meet the stated goals of European integration, U.S. Assistant Secretary of State Kirsten Madison has said.
There remain challenges that need to be adequately responded. After the Revolution of Dignity, the government outlined an ambitious reform plan for itself. Some progress has already been made over the past few years, but there is still a lot of work to counter corruption, she said at a briefing in Kyiv.
According to the U.S. official, part of the implemented reforms is the work of independent anti-corruption institutions.
Khashoggi Spent Last Years of His Life Looking Over His Shoulder
Jamal Khashoggi, whose murder at the hands of his native Saudi Arabia has caused an international outcry that threatens to undermine the kingdom’s powerful young leader, knew he was a marked man.
On Friday, the final confirmation came that Khashoggi had indeed been killed by Saudi government agents.
Two years ago, as Saudi Crown Prince Mohammed bin Salman was being praised by global bankers, investors and U.S. officials after unveiling his blueprint for an economic transformation, Khashoggi was already agitated. While the rest of the world saw “MbS” as a reformer shifting his glacial nation into the 21st century, Khashoggi looked beyond the carefully crafted image.
Assad, Russian officials meet in Damascus, discuss situation in Syria
MOSCOW (Reuters) - Syrian President Bashar al-Assad met representatives of Russia’s foreign and defense ministries in Damascus on Friday, Russia’s foreign ministry said in a statement on Saturday.
During the meeting, they discussed development of situation in Syria and reaffirmed their commitment to the “destruction of terrorist presence” and advancement toward a long-term political settlement in the interest of all Syrians.
The X Game of Language: Decrypting Heidegger’s Ready to Hand
We feel as if we had to repair a torn spider’s
web with our fingers.
web with our fingers.
— Ludwig Wittgenstein (PI, 106)
Description of the game
Imagine that tomorrow every single written sign of every written language is transformed into the letter “x” (all scripts become the extensive combination of x´s). This includes all written words everywhere. The x “changeling” also applies to every written sign ever recorded. A total collapse of the written word. All written signs disappear but not our ability to remember them and their connection to sound (phonetics), we have no trouble remembering and speaking our name, our address, or the position of every single letter on a keyboard; in short, the memory of the written word remains intact. If we type the letter r on the old keyboard, a letter x would appear. A total collapse of the written word. As if everything ever written was written in the sand and the “Great Wave of Kanagawa” washed it all away in an instant.
Friday, October 19, 2018
A new home for the SVR (or a barracks for an SVR Cyber Troop)?
Almost a year ago an entry was published pondering the much rumoured creation of a “Cyber Troop” within the SVR (Foreign Intelligence Service) of Ukraine.
As the outward operating SVR, perhaps somewhat gratefully, gets little media spotlight compared to the inward focused SBU, when there is occasion to mention it, then the opportunity is usually (but not always) taken by the blog.
The above linked entry concludes (having asked many questions previously) – “Also of note, the rumour circulating once again relates to the long muted “Cyber Troop”, to be built around the FISU (Foreign Intelligence Service of Ukraine) and Military Intelligence (HUR MOU) – both being proactive/offensive agencies active beyond the borders of Ukraine.
Once Secret, Harvard’s Admissions Process Is Unveiled in Federal Court
BOSTON — The deliberations that take place inside 86 Brattle Street, a red-brick building where Harvard University’s admissions committee convenes, have very much stayed inside 86 Brattle Street.
Until now.
A federal trial that began this week accusing Harvard of stacking the deck against Asian-American applicants is providing a rare glimpse into the secretive selection process at one of the country’s most elite universities. It is as if those sitting on the wood benches before Judge Allison D. Burroughs of Federal District Court in Boston have been invited inside the inner sanctum of the Harvard Office of Admissions and Financial Aid.
There is the longtime director of admissions, William Fitzsimmons (Harvard Class of 1967), on the stand, grilled on whether rural students receive a leg up over urban students. They do.
India Unleashes Its Own #MeToo
By Neeta Lal
India’s own #MeToo movement was unleashed this month, with scores of women in credible public positions calling out rape, sexual abuse, and harassment at the workplace at the hands of star editors, filmmakers, corporate honchos, bankers, and prominent people in other sectors.
The torrent of allegations against Indian men gained momentum as more and more women across the country felt emboldened to post accounts of their mortification in detail on social media or write about it in publications.
Peace, Blood, and Hope: Women in Afghanistan’s Election
By Michelle Tolson
Afghanistan is holding its parliamentary elections on October 20, 2018 after a three-and-half-year delay due to voter fraud and security concerns. To date, a total of 10 candidates have been killed during the ramp up to elections, with the last killed the last night of the official campaigning period, October 17.
“What makes this election different, is it is bloodier and more violent than the previous ones,” said Horia Mosadiq, an Afghan expert in safety and security trainings. “This violence is coming from the Taliban and political opponents.”
The Collision of Political and Legal Time: Foreign Affairs and the Supreme Court's Transformation of Executive Authority
How does the U.S. Supreme Court shape constitutional and political development? In The Collision of Political and Legal Time, Kimberley Fletcher answers this question by analyzing the key role the Court has played in interpreting presidential decision-making in the area of foreign affairs since 1936. She reconsiders the Curtiss-WrightCourt, which instituted a new constitutional order that established plenary powers independent of congressional delegation. Fletcher also reexamines Japanese internment and detainee cases, demonstrating the entrenchment of the new constitutional order and how presidential ascendency becomes institutionalized. Other cases, such as Youngstown, illustrate how the Court, during a time of war, will check Executive power and authority.
The Collision of Political and Legal Time examines these cases and controversies in foreign policymaking through the twentieth and into the twenty-first centuries to show that the Court is not passive or constrained; it does not merely follow politics or the majority coalition. Through her nuanced analysis, Fletcher makes a larger argument about the role of the U.S. Supreme Court as an agent of change, which ultimately transforms power, shapes politics, and redirects history.
Turkey questions staff of Saudi consulate on Khashoggi case
Turkish prosecutors have begun questioning a number of employees of the Saudi Consulate in Istanbul over the disappearance of Saudi journalist Jamal Khashoggi, according to Turkey’s state-run Anadolu Agency.
As many as 15 Turkish employees were being questioned on Oct. 19, the report said, adding that the consul’s driver, technicians, accountants and telephone operators were among the ones who were cross-examined by several prosecutors.
Move Towards Ukrainian Autocephaly
Press Statement
Michael R. Pompeo
Washington, DC
October 19, 2018
The United States reiterates its strong support for religious freedom and the freedom of members of religious groups, including Ukraine’s Orthodox community, to govern their religion according to their beliefs, free of outside interference.
We support Ukrainians’ ability to worship as they choose and hope this will be respected by all. Tolerance, restraint, and understanding are key to ensuring that people with different religious affiliations can live and prosper together in peace. We urge Church and government officials to actively promote these values in connection with the move towards the establishment of an autocephalous Ukrainian Orthodox Church.
2018 Nobel Prize Recognizes Economic Importance of Strong Patent Rights
Holly Fechner
On October 8th, the 2018 Nobel Prize in Economics was awarded to Paul Romer, an American economist who has produced foundational work on patent rights and the policies underlying sustainable economic growth.
Beginning with his Ph.D dissertation in 1983, Romer’s work has demonstrated that innovation is a product of strong intellectual property rights and investments in research and development (R&D)—upending then-prevailing assumptions that new ideas simply arise irrespective of the regulatory conditions in effect. Thanks to Romer, it is now widely recognized that policymakers have the ability to promote technological innovation and spur overall economic growth by, among other things, establishing a strong patent system and investing in new technologies.
Lessons from Georgia: Certain little-known facts about reforms in Georgia could be a good lesson for Ukraine
What significance might Georgia’s reforms have for Ukrainians? For some they can mean happiness for a nation that is close to them and is one of the few post-soviet republics to have succeeded. For others, they are a guide for how to act during the reform process in Ukraine. And for some they represent disillusionment, because an entire series of Georgian reformers, from former president Mikheil Saakashvili and the late Kakha Bendukidze to consultants and middle managers in various government agencies, who arrived in Ukraine after the Revolution of Dignity, yet left at worst ambiguous results, at best far poorer than they had in their native Georgia.
Ukraine, IMF reach staff-level agreement on new SBA for $3.9 bln
The International Monetary Fund (IMF) staff and the Ukrainian authorities have reached agreement on economic policies for a new 14-month Stand-By Arrangement (SBA), which will replace the arrangement under the Extended Fund Facility (EFF), approved in March 2015 and set to expire in March 2020.
"The new SBA, with a requested access of SDR 2.8 billion (equivalent to $3.9 billion), will provide an anchor for the authorities' economic policies during 2019," the IMF said in a statement on Friday.
According to the statement, the agreement is subject to IMF management approval and approval by the IMF Executive Board. Board consideration is expected later in the year following parliamentary approval of a government budget for 2019 consistent with IMF staff recommendations and an increase in household gas and heating tariffs to reflect market developments while continuing to protect low-income households.
EU court orders Poland to suspend firing judges
The EU's top court called on Polish authorities to immediately suspend forcing judges into early retirement and reinstate those who have already left the Polish supreme court before the Luxembourg court rules on whether the country's judicial reform violated EU rules. The European Court of Justice (ECJ) issued the "interim measure" on Friday requested by the European Commission, which is investigating if Poland's judicial reform breaks EU rules.
'Shifting sands': six legal views on the transgender debate
A year ago, Theresa May announced that the government was seeking to “streamline and demedicalise” the process of changing gender in the UK because “being trans is not an illness”.
In July this year the government opened a public consultation on proposed changes to the Gender Recognition Act 2004 that would allow people to “self-ID”, meaning that a person seeking to legally change their gender would no longer have to undergo a long legal and medical process. The consultation closes on Friday.
Here, seven lawyers examine the possible consequences to the proposed changes.
7 Myths About Coming Out at Work
More and more big businesses are providing workplace protections for LGBTIQ+ (lesbian, gay, bisexual, transgender, intersex and queer) people. It’s becoming clear that when workers can bring their authentic selves to work, they are more productive and engaged. Research shows that coming out increases job satisfaction, intention to stay, and emotional support from co-workers, whereas staying “in the closet” has costs — both for the individual and the company.
And yet, many people are still reluctant to come out at work. In our study, we surveyed 1614 LGBTIQ+ Australian workers and held focus groups with 60 participants across various industries. We found that 68% of respondents are not out to everyone at work. Other studies show that this number decreases to 46% in the US, and 35% in the UK.
Thursday, October 18, 2018
Protecting Small Businesses
As a small business owner, you have a lot on your mind. You can’t afford to lose time or money to scammers or a compromised network. We can help you avoid scams, protect your computers and networks, keep your customers’ data safe – and protect your bottom line. You also can find out what the FTC is doing to protect small businesses. Stay connected by subscribing to the FTC’s Business Blog.
Scams and Your Small Business
Lawmakers to quiz Trump-Russia probe overseer Rosenstein
WASHINGTON (Reuters) - Republican lawmakers will next week question Rod Rosenstein, the U.S. Justice Department official who oversees a special counsel’s investigation of Russian interference in the 2016 election and links between President Donald Trump’s campaign and Moscow, committee chairmen said on Thursday.
They have also wanted to interview Rosenstein, the deputy attorney general and No. 2 official at the Justice Department, about a New York Times report in September that he had discussed the idea of wearing a wire to record Trump and impeaching the president under a constitutional amendment.
Rosenstein said the report was inaccurate. The report led to speculation Trump would fire Rosenstein, but Trump, a Republican, said last week he had no plans to replace Rosenstein.
Internet provider groups sue Vermont over net neutrality law
WASHINGTON (Reuters) - Four industry groups representing major internet providers and cable companies filed suit on Thursday seeking to block Vermont’s law barring companies that do not abide by net neutrality rules from receiving state contracts.
The lawsuit was filed in U.S. District Court in Vermont by groups representing major providers like AT&T Inc, Comcast Corp and Verizon Communications Inc and follow a suit from the four groups earlier this month challenging a much broader California law mandating providers abide by net neutrality rules.
The groups are also challenging an executive order on the issue signed by Vermont Governor Phil Scott. Other states, including New York, New Jersey, Rhode Island, Montana and Hawaii, have also adopted similar rules to bar state contracts from companies not complying with net neutrality protections.
The statement of the State Duma of the Russian Federation testifies to delusional aggressiveness and cowardice of the Russian political elite, - Oleksandr Turchynov
The statement of the State Duma of the Russian Federation testifies to delusional aggressiveness and cowardice of the Russian political elite. This was stated by Secretary of the National Security and Defense Council of Ukraine Oleksandr Turchynov in his comment.
According to him, there is no aggravation of the situation in Ukraine, which Russian deputies refer to in their statement. "There is only an autumn relapse in the heads of the Russian military-political leadership", - Mr. Turchynov said.
The NSDC Secretary stressed that our state fulfills all the international obligations assumed and indeed has become the vanguard of confrontation "on all possible fronts and directions" of Russian aggression.
"While cowardly hiding behind its nuclear potential, with which Putin threatened today promising to destroy a civilized world, Russian deputies turned to direct threats to Ukraine, but these threats evoke not fear but contempt for their authors", - he said.
In Mr. Turchynov's opinion, one reason for another wave of "yelling and threats of the Russian political elite is the destruction of hopes for a possible victory of the revanchist pro-Russian forces in the presidential and parliamentary elections in Ukraine".
"Our state is ready to resist Russian aggression and defend our right to be a free, independent and European country!", - the Secretary of the NSDC of Ukraine summarized.
#DisinfoReview: How to Become a Stateless Nationalist
For the past several weeks, the Kremlin’s channels have focused mainly on spreading disinformation about Western countries: trying to bury the facts about the Skripal poisoning under distractions and fakes; or inventing other chemical and biological attacks, like here, or here. But this past week, Russia’s disinformation campaign has re-focused on its number one target: Ukraine.
Thus, Kremlin-directed TV shows poured out the vitriol of disinformation messages known already since 2014, claiming that:
- Ukraine is a Nazi state, or a Nazi dictatorship, that it is governed by pro-Fascist elites, and that “Glory to Ukraine” is a Nazi greeting
- Ukraine is also just a part of the Russian world
- it started a war against its own nation – a civil war, that Russia has nothing to do with
- it is not a country, but a mere territory
- there is no elected parliament in Ukraine
- the Crimean Tatars’ leader Mustafa Dzhemilev is a terrorist who calls for killing Crimeans
Brazil in Danger: Three Time Bombs
Brazilian democracy is on the brink of the abyss. The institutional coup that was set in motion with President Dilma Rousseff’s impeachment and led to the unjust imprisonment of former President Lula da Silva is all but complete. The consummation of the coup has acquired a meaning that is quite different from what was initially intended by many of the political and social forces that promoted it or just would not disagree with it.
Some of these forces either acted or reacted in the honest belief that the coup was aimed at regenerating Brazilian democracy by fighting corruption, while others saw it was a way of neutralizing the elevation of the popular classes to a standard of living that sooner or later was to be a threat not only to the elites but also to the middle classes (among whom there were many who were the product of the redistributive policies against which they were now turning).
Керчь: вопросы практикующего стрелка - Сергей Асланян
1. Выжившие свидетели рассказывают про стрельбу очередями. Легальное оружие в РФ очередями не стреляет никогда. Оно запрещено к продаже. Полуавтоматическое оружие стреляет так быстро, что на слух может показаться, что огонь ведется очередями, только в руках профессионала с огромным опытом и огромным настрелом.
2. На фотографиях с места преступления отчетливо видны десять коробок с патронами. Стоп-кадр с видеокамеры не дает представления о наличии патронташа. На трупе его тоже не видно. В кадре рюкзака на стрелке нет. Через плечо виден какой-то ремень. Возможно, на ремне небольшая сумка, не выходящая за габариты тела? Стрелок ведет очень плотный и результативный огонь без явных боеприпасов, которые неизвестно где, но, скорее всего, не с ним?
Ukraine's parliament hands over Kyiv-based St. Andrew's Church to Ecumenical Patriarch
Ukraine's parliament, the Verkhovna Rada, has handed over the St. Andrew's Church in Kyiv for permanent use to the Ecumenical Patriarch of Constantinople. Relevant draft law No. 9208 was backed by 235 MPs registered in the session hall, an UNIAN correspondent reports. During the first vote, the parliament did not get enough votes - only 216, but later the Verkhovna Rada passed the document immediately in the first reading and as a whole as a law.
The law establishes that the St. Andrew's Church in Kyiv as a religious state-owned building is to be handed over to the Ecumenical Patriarchate for religious services, rites, ceremonies and processions. According to the final clauses, the law comes into force on the day following the day of its publication. The handover of the church is carried out by decision of the Cabinet of Ministers of Ukraine. At the same time, this handover does not entail its exclusion from the list of objects of immovable cultural heritage of the National Sanctuary Complex "Sophia of Kyiv."
Wednesday, October 17, 2018
Эксперт рассказал об оружии "керченского стрелка" Рослякова: одноразовое турецкое ружье
Эксперты по фото керченского стрелка определили, что он пользовался помповым ружьем «Хатсан-эскорт». Наш оружейный эксперт, главный редактор издания «Охота и рыбалка XXI век» Александр Лисицин, рассказал, что это за ружье и обратил внимание на некоторые странные детали трагедии.
Это самое обычное, ординарное охотничье ружье, которое продается тысяч за 25-30, - рассказал Лисицин. - Когда стрелка показывают, видно, что у ружья длинный подствольный магазин — на 8 или 10 патронов. Я такие ружья называю одноразовые. Турки, а это оружие турецкого производства, делают их неплохо, но по наследству такое ружье своему сыну или внуку уже не передашь. Они сделаны из легких сплавов, недолго служат. Меня смущает другое. Насчитали порядка 70 выстрелов. Столько выстрелов из одного ствола за такой короткий срок — вызывают вопросы. Даже при емкости в 10 патронов, нужно перезаряжать. В умелых руках, чтобы достать патрон из пачки (у него были пачки по 25 патронов), поставить его, загнать — на это уйдет секунд пять. И это у человека, который умеет обращаться с оружием. И чтобы уложиться в хронометраж, он должен был стрелять без остановки. Не похоже, чтобы один человек смог сделать такое. Я понимаю, если бы у него было автоматическое оружие или несколько стволов...
Taxation and Virtual Currency
I recently had an opportunity to be involved in tax planning with “virtual currency”, or “cryptocurrency”, for the first time. My client ended up making a gift of bitcoin (one of several forms of cryptocurrency, also including Ethereum, Ethereum Classic, Litecoin and Bitcoin Cash) to a charitable remainder trust to avoid income tax on a sale of a portion of a highly appreciated Bitcoin holding to diversity the investment portfolio. Investments in cryptocurrency by our clients (and perhaps you) is increasing at a rapid rate and the purpose of this Tax Tip is to provide a summary of the income tax rules and principles applicable to virtual currency.
NetDocuments
Founded in 1999, NetDocuments is the document and email management platform built exclusively in the Cloud for law firms and corporate legal departments. With close to 20 years experience and offices across the globe, NetDocuments offers world-class, enterprise-level security, uptime reliability, and unmatched usability.
Website: https://www.netdocuments.com/en-us/
EU-Vietnam Trade Agreement
Brussels, 17 October 2018
Creating economic opportunities – defending values.
- Eliminating customs duties
The EU-Vietnam trade agreement willeliminate over 99% of all tariffs, and partly remove the rest through limited zero-duty quotas, known as Tariff Rate Quotas (TRQs).
65% of duties on EU exports to Vietnam will be eliminated at entry into force, with the remainder gradually removed over a 10-year period. EU duties on imports from Vietnam will be eliminated progressively over a 7-year period. This asymmetric approach takes into account the fact that Vietnam is a developing country.
The agreement will remove tariffs on a range of key EU export products:
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