The high-profile case regarding the demolition of Soviet military figure Georgy Zhukov’s monument has been closed. The court ruled in favor of our client.
Recall that this case had been ongoing since 2019. Back then, for expressing his civic position regarding figures of the communist totalitarian regime, the activist faced criminal proceedings and condemnation from the now-deceased city mayor, who hastily promised to restore the monument.
By the ruling of the Oktyabrsky District Court of Poltava, criminal proceedings No. 12019220460001381 dated June 2, 2019, against Zinchenko M.A. and Duda V.S., charged under Part 2 of Article 296 of the Criminal Code of Ukraine, were closed.
The accused persons were charged with committing hooliganism on 06/02/2019, aimed at damaging and toppling the monument (bust) of Marshal Zhukov G.K., located near the Nemyshlyansky District Administration of Kharkiv at 17 P. Hryhorenko Ave., Kharkiv.
The sanction under Part 2 of Article 296 of the Criminal Code of Ukraine provides for punishment by restriction of liberty for up to five years or imprisonment for up to four years.
The court agreed with the defense’s arguments for closing the criminal proceedings, noting that due to Russia’s large-scale armed aggression, the adoption of various legislative acts by the Verkhovna Rada of Ukraine condemning (Nazi) totalitarian regimes, and the condemnation of Russian imperial policy, the situation has changed and the actions of the accused have lost their social danger.
Recall that since 2015, Ukraine has enacted Law No. 317-VIII “On the Condemnation of Communist and National Socialist (Nazi) Totalitarian Regimes in Ukraine and Prohibition of Their Symbols Propaganda.” According to Part 1 of Article 3 of this Law, propaganda of communist and/or national socialist (Nazi) totalitarian regimes and their symbols is recognized as desecration of the memory of millions of victims of the communist totalitarian regime and national socialist (Nazi) totalitarian regime and is prohibited by law.
Part one of Article 4 of the mentioned Law stipulates that the production, distribution, and public use of symbols of the communist totalitarian regime and national socialist (Nazi) totalitarian regime, including in the form of souvenirs, is prohibited throughout Ukraine.
In light of this, the installation of a monument dedicated to Soviet Marshal Georgy Zhukov in Kharkiv directly violates current Ukrainian legislation.
In 2019, after the demolition of Soviet Marshal Georgy Zhukov’s monument, it was later restored using city administration budget funds and then officially dismantled on April 17, 2022, by the “KRAKEN” unit. Therefore, based on this and Article 48 of the Criminal Code of Ukraine, the material damage was not caused by the accused, which constitutes a change in circumstances.
Since 2018, Kharkiv residents have been conducting various gatherings and rallies aimed at destroying communist monuments and renaming streets. According to official sources, the first demolition of Georgy Zhukov’s monument occurred on the night of May 5-6, 2018, by unknown persons. The city authorities at that time long denied the necessity of demolishing this monument, arguing that Georgy Zhukov’s monument was supposedly cultural heritage.
As a result, on 12/24/2019, the Ministry of Culture of Ukraine issued Order No. 957 “On Non-inclusion of the G.K. Zhukov Monument on Petro Hryhorenko Avenue in Kharkiv in the State Register of Immovable Monuments of Ukraine.” In this case, the G.K. Zhukov monument undoubtedly falls under the law “On the Condemnation of Communist and National Socialist (Nazi) Totalitarian Regimes in Ukraine and Prohibition of Their Symbols Propaganda.”
It should be noted that Georgy Zhukov held the position of Deputy People’s Commissar of Defense of the USSR from January to July 1941, First Deputy People’s Commissar of Defense of the USSR from August 1942 to June 1945, Deputy Minister of Armed Forces of the USSR from March to July 1946, First Deputy Minister of Defense of the USSR from March 1953 to February 1955, and Minister of Defense of the USSR from February 1955 to October 1957.
Therefore, it is evident that the actions of the individuals were aimed solely at expressing their civic position and were motivated by their inner conviction regarding liberation from the consequences of communist ideology during USSR times, meaning that at the time of the criminal proceedings review, the committed act had completely lost its social danger.
In the court’s opinion, there is an obvious and well-known fact of changes in social, economic, political, spiritual, interethnic, military, international, natural, organizational, industrial, and other processes on a national scale, related to Russia’s large-scale aggression.
Mr. Zinchenko was defended by SENS Consulting lawyer Iryna Shramko. She not only brought this case to conclusion, where our client faced 4 years of imprisonment, but also proved that the demolition of monuments to Soviet figures was within moral, legal, and political rights.