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 on the mass extermination by famine of millions of Ukrainian peasants on
the territory of the Ukrainian SSR in 1932-1933 orchestrated
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. These pursued their goal to
suppress the national liberation movement in Ukraine
and avoid the creation and formation of an independent state of Ukraine, during
the period of 1932-1933. They artificially created living conditions aimed at
the extermination of sectors of the
Ukrainian population, i.e. deliberately organised this crime targeted at the Ukrainian
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 grounds for
rehabilitating Stalin, Molotov, Kaganovych, Postyshev, Kosior, Chubar, Hataevych
since the pre-trial investigation proved
that they had knowingly committed the crime, as determined under part
I, of article 442 of the Criminal Code of Ukraine.
The Court confirmed that the investigation of
the case was conducted appropriately and as a result had no hesitation in adopting
the objective and legitimate decision to forward the case to the Kyiv Court of
Taking into account the fact that the above mentioned people were already deceased, 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. non rehabilitative circumstances.
In compliance with the national and international legislation currently in
force, the court found the aforementioned people guilty 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 a
Thus, by the decision of the competent court and in accordance with the
UN Convention “On the Prevention and Punishment of the Crime of Genocide” of
December 9, 1948 the state of Ukraine
has fulfilled its international obligations by taking the necessary measures on
prevention of genocide and its consequent punishment.