by Alexandra Pogorelaya

– What role does Ms. Yulia Timoshenko play in the international relations between Ukraine and the United States?

– Technically and legally she shouldn’t have any role, but because of her personality cult and the publicly created image for the American media, she is promoted as some sort of legitimate leader.

In fact she is under criminal indictment and imprisoned for convictions of corruption and tax evasion, along with other serious violations of Ukrainian law.

Her political supporters and public relations firms in America have caused the Obama Administration and the State Department to have an inaccurate view of the rule of law and the justice system in Ukraine. Her supporters wish to portray her as a victim and an innocent political prisoner, but that’s just not true.

– Can you briefly state what the accusations against and the convictions of Ms. Timoshenko are?

– The Ukrainian Justice Ministry through the courts brought evidence of Ms. Timoshenko’s forging and illegally amending government documents, as well as extortion, and blackmail of other members of the government.

These violations of law took place in connection with gas supply contracts between Ukraine and Russia. The Ukrainian Prosecutor General took the position, based on the evidence, that Ms. Timoshenko put her own personal financial interests before the interests of the Ukrainian state she was sworn to uphold.

Ms. Timoshenko was also accused of tax evasion, embezzlement, and the misappropriation of funds from the Ukrainian state budget.

These charges are separate from additional evidence implicating Ms. Timoshenko in a homicide.

– You are a Ukrainian prosecutor who is well known for upholding and promoting high governmental ethical and moral principles, what do you say to the Ukrainian youth?

– I think that the proper, moral and respectful relationship in upbringing our children is the foundation of civil society in Ukraine.

Respect between parents and children should be based on love. The American theologian and writer Dr. Mikhail Morgulis said “Children don’t listen to what we are telling them. Children watch how we live our lives.” I believe our lives must be an example of kindness and justice for our children.

Ukraine only left the oppressive Soviet totalitarian state system in 1991. How long will it take the now emerging democracy in Ukraine to look like the other Western democracies?

Although the modern Ukraine is a young state, in the 11th century, the city of Kiev was the capital of the ancient Russian kingdom. Over the centuries, the Russians ruled the eastern part of Ukraine while the western part of Ukraine was ruled by Poland. These past divisions explain why the Orthodox Church is prevalent in Eastern Ukraine and the Catholic Church in Western Ukraine. More Ukrainian language is spoken in the west and more Russian language in the east.

To understand Ukraine as an emerging democracy you must realize that millions of our citizens died from famine caused by the Nazis and Stalin.

Today, we have many political parties in Ukraine, as well as political, economic, and religious freedom.  This is not to say we don’t have difficulties. There are too many poor people in the country, too much injustice, corruption, and crime. All of this is part of the price of freedom as we move to a more open democratic society.

– We hear of love for God, love for the motherland, love between a man and a woman, love for our children. What kind of love is most important to you personally?

– I will answer with a quote from the Bible: “Love is patient, love is kind. It does not envy, it does not boast, it is not proud. It does not dishonor others, it is not self-seeking, it is not easily angered, and it keeps no record of wrongs. Love does not delight in evil but rejoices in truth. It always protects, always trusts, always hopes, and always perseveres. Love never fails.”

Only together with all these forms of love can we find the meaning and happiness in our lives.

– Under the Soviet regime, Ukraine was considered an important economic powerhouse of the former U.S.S.R. What is the potential of Ukraine now, and can it be of interest to American business?

– Ukraine is a good springboard for American and European investments. With a consumer market of over 47 million people, you can hardly disagree that the Ukrainian market is substantial.

Compared to Europe, we have an inexpensive and skilled labor force. Ukraine also has huge iron ore reserves and one of the largest proven coal deposits in the world.

Ukraine is also rich in sulfur, graphite, manganese, and other minerals.

Ukraine’s geographic location is at the crossroads of Europe and Russia. Consequently, the country has access to the markets of these countries and is part of important transportation corridors.

Most significantly, the tax laws in Ukraine have been modernized, improved, and there are new measures for cutting taxes. Yet this list isn’t exhaustive, and we will be adding more positive economic incentives in the future.

– What does a prosecutor in Ukraine do? Is this a service for the people?

– All professions serve the people. Teachers teach, doctors treat, firemen extinguish fires, and rescuers rescue. All these professions are virtuous.

Prosecutors bring charges and put people before a judge. Prosecutors prompt searches and arrange arrests of people. Perhaps the main point of a prosecutor’s work is upholding justice. Our whole jurisprudence is based on the principles of justice.

The ideal trial should go like this: the prosecution provides the judge with evidence of guilt of the defendant. The defense shows the judge evidence of the defendant’s innocence.

The judge, having studied the evidence submitted by the parties, either convicts or acquits the defendant, depending on what party to the process had stronger arguments and evidence.

The use of political methods has recently become a peculiarity of Ukrainian court proceedings. Instead of producing evidence of innocence, the defense simply accuses the prosecutor of improper conduct in order to draw the attention of the press away from the crime itself.

The main aim of such methods is to remove the focus of attention from the defendant to the prosecutor, and to turn the prosecutor into the accused in the eyes of public opinion. It is a red herring that confuses the court.

The use of defamation is aimed at exerting influence on the court for the benefit of the defense in the case. This method is based on the principle that “the best defense is a good offense,” which was transplanted from everyday life into the legal domain. Every lawyer knows that the best defense in the legal domain is to produce as many items of evidence of a defendant’s innocence as possible. Not having the evidence of the defendant’s innocence, the attorneys started using this method of substituting the procedural roles as a tactic in the defense of defendants.

The most recent example of the use of such methods was the Timoshenko trial, when instead of demonstrating evidence of her innocence, she and her lawyers bombarded the judges and the prosecutors with accusations of political reprisals, offensive expressions, and direct intimidation.

In the U.S. or in any other European country, the court may have sentenced them to imprisonment for contempt of court for such expressions.

The disrespect of prosecutors and judges, slander, and insulting words, became a business card of Timoshenko’s counsel. The impression is that they will stop at nothing.

Another method is the involvement of American and British PR companies to manipulate public perception. That’s the trouble when political slogans, and not legal arguments, are used in the courts.

We believe this trouble concerns not only Ukraine but other Western democracies as well.

– The Ukrainian classical writer Taras Shevchenko wrote, “... if the rich only knew how hard the people cried at night…” What should be done for the people in the Ukraine to get rid of all the pain and tears?

– The answer is simple. People must first have a desire to get rid of the pain and tears. When there is a desire, one will find his way to anything, and that is already 50 percent of success. To have passion and desire, Ukrainians need faith. Faith that the country needs them and the country takes care of them, faith that they are people and that their opinion matters. I like Plato’s concept of the state as the embodiment of the idea of justice. Ukrainians are a very hardworking and gifted people. Armed with faith and justice we may start writing a new page in both our own history and the world’s history.

– Life needs art. What do you like best – music, theater, or literature?

– Life becomes gray and gloomy without art. The arts and sports develop the body and the soul. I love piano music. When I listen to Mozart, Beethoven, or Chopin, I rest from the difficult work that I do. Prosecutors often deal with crimes, lies, and hypocrisy. Music helps to purify the soul. I myself play music a bit, and I like to improvise when I play. I’m fascinated with jazz. I feel enormous joy listening to Duke Ellington and Charlie Parker.

– What is your dream in life?

– I wish I could see more happy, honest, loving and just people around me. I know when that happens, Ukraine will become a country of great prosperity and national happiness. I would be extremely glad if the Ukrainian society didn’t need prosecutors and judges, but to achieve that, certainly the country has to traverse the path of spiritual purification. Our country and the people are experiencing serious difficulties right now, but perhaps that is the cost we must pay on our path to freedom and happiness in Ukraine.