The Court Returned the Leadership of Bolshevist Totalitarian
Regime Guilty for Genocide in Ukraine in 1932-1933.

On January 13, 2010 Kyiv Court of Appeal tried a criminal case and made a ruling on the grounds laid out in part I, of article 442 (genocide) of the Criminal Code of Ukraine. The case was investigated by the Security Service of Ukraine upon the fact of mass extermination by famine of millions of Ukrainian peasants on the territory of the Ukrainian SSR in 1932-1933 organised by the leadership of bolshevist totalitarian
regime.

The court acknowledged the fact of Genocide, unveiled the mechanisms used for mass murder of peasants, and named the perpetrators of the crime – Joseph Stalin, Vyacheslav Molotov, Lazar Kaganovych, Pavel Postyshev, Stanislav Kosior, Vlas Chubar and Mendel Hataevych. They, chasing the goal to suppress national liberation movement in Ukraine and avoid the creation and formation of the independent state of Ukraine, in the period of 1932-1933 artificially created living conditions aimed at partial physical extermination of the Ukrainian population, i.e. deliberately organised this crime as to the part of the Ukrainian national group.

The cumulative losses of Ukraine due to the Holodomor come up to 10 million 63 thousand people (3,941 thousand – dead, and 6,122 thousand – unborn).

The court also proclaimed that there was no reason for rehabilitating Stalin, Molotov, Kaganovych, Postyshev, Kosior, Chubar, Hataevych since the pre-trial investigation proved that they had committed the crime determined under part I, of article 442 of the Criminal Code of Ukraine.

The Court confirmed that the investigation of the case was conducted fully and thoroughly, as a result of which was adopted an objective and legitimate decision on forwarding the case to the Kyiv Court of Appeal.

Taking into account the fact that the mentioned above people are already dead, the court closed the criminal case on the grounds laid out in part 1, of article 6 of the Criminal Code of Ukraine, i.e. unrehabilitative circumstances.

In compliance with the national and international legislation in force the court found guilty the aforementioned people for committing a crime against humanity. This crime according to the UN Convention “On the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity” of November 26, 1968 (ratified by Ukraine on March 25, 1969) does not have time limitation.

Thus, by the decision of the competent court in accordance with the UN Convention “On the Prevention and Punishment of the Crime of Genocide” of December 9, 1948 the state of Ukraine fulfilled its international obligations as to taking measures on prevention of genocide and punishment for its conducting.

Note: within 7-day-period the court’s decision is subject to cassational complaints, and the prosecutor has the right to submit cassation to the Supreme Court of Ukraine.