My name is Inna Zvezdun and my country is Ukraine. Recently, information space is being swamped by the issue of the appointment of Mikheil Saakashvili the position of Deputy Prime Minister of Ukraine. This initiative has both its supporters and opponents. Opponents' argumentation is based on the fact that the Georgian ex-president is under investigation in his country.
I will try to explain why these arguments are inappropriate and legally inaccurate.
Ukraine, like and Georgia, is a sovereign state, and therefore capable of resolving internal staff issues on its own. Saakashvili's accusations of events that took place in Georgia in the mid-2000s, when was the President of Georgia, have nothing to do with his today's political activities.
We all know the achievements of Mikheil Saakashvili as the President of Georgia. We know his confrontation to Russia, the war and Moscow aggression against Georgia. We also know the pro-Russian views and influences that exist in the current Georgian authorities. There is every reason to believe that the current messages coming from officials in Tbilisi are politically motivated, and aimed at discrediting the politician in opposition to them by disseminating inadequate information.
Mikheil Saakashvili is absolutely legally on the territory of Ukraine as he is a citizen of this countrye, according to the Decree of the President of Ukraine. He has the right to hold the positions stipulated by the legislation of Ukraine. The message from the Georgian side can be considered an attempt of pressure and interference inyo the internal affairs of Ukraine.
First, the court decisions referenced by the author of the statement were the events that took place in the Republic of Georgia during 2005-2006, which involved Georgian citizen Mikheil Saakashvili, while performing his state functions in the political position of the President of Georgia.
The Constitution of Georgia (part.2 Art.50) provides possibility to be elected as the President of Georgia exclusively for Georgian citizen, which makes it impossible not only to elect a citizen of Ukraine for this position, but in general, makes it impossible for a citizen of Ukraine to commit as a President of Georgia any action that could be the subject of criminal prosecution in the future.
Secondly, the European Convention on the International Validity of Criminal Convictions (Art.6) clearly indicates that a sentencing State may be refused in whole or in part when the requested State considers that the offense sentenced is political in nature.
The victory of the Rose Revolution in Georgia allowed President Saakashvili to demonstrate extremely rapid progress with a team of passionate reform advocates, and raise Georgia from the lowest positions in various international rankings to the highest, which does not exclude the political nature of the criminal prosecution of the former Georgian citizen Mikheil Saakashvili by his political opponents.
Thirdly, the State of Ukraine expressed its national interest regarding the activities of ex-President of Georgia M. Saakashvili on May 29, 2015, by issuing a decision in the form of a Decree (No. 301/2015) on accepting of M. Saakashvili - ex-President of Georgia - the citizenship of Ukraine.
The Constitution of Ukraine (p.31 Art.106) stipulates that the decrees issued by the President of Ukraine are binding on the territory of Ukraine, and therefore state and political activity of the citizen of Ukraine M. Saakashvili is coordinated and in line with the national interests for Ukraine.
Fourth, the materials received from the Georgian side concerning the activities of the ex-President of Georgia were already subject to consideration by the competent authorities of Ukraine, and resulted in the loss of M. Saakashvili's citizenship of Ukraine and forced expulsion from out of the country.
However, due to the obvious nature of the repression and political persecution of
M. Saakashvili on May 28, 2019, the Decree of the President of Ukraine (No. 329/2019) excluded the provision on the loss of M. Saakashvili of Ukrainian citizenship on July 26, 2017, which eliminates the possibility of repeated harassment of the citizen of Ukraine M. Saakashvili for the reasons given above.
Fifth, in September 2015, Ukrainian people supported an electronic petition to the President of Ukraine on the appointment of M. Saakashvili to a leading position in the Cabinet of Ministers of Ukraine (№22/001606-eп), in response to which the President of Ukraine found relevant and acute content of the question touched.
Then, the President of Ukraine expressed his gratitude to all those who joined this petition for their indifferent civic position, and reiterated the urgency of the problems associated with the promotion of reforms in Ukraine.
Sixth, the Constitution of Ukraine (Art.102) provides that the President of Ukraine is the head of state and acts on its behalf, and therefore the proposal of the President of Ukraine Volodymyr Zelensky to invite M. Saakashvili to the Cabinet of Ministers is such that expressed by the Head of State on its behalf.
That is why, public statements of foreign politicians and diplomats about their disagreement with the intentions of the President of Ukraine, have signs of indirect pressure on Ukraine, the purpose of which open interfere to the issues of the appointment of staff to the Ukrainian Government.
The Ukrainian authorities have repeatedly declared the European direction of Ukraine's development. The proposal of the President of Ukraine to M. Saakashvili to head an office in the Ukrainian government is based on the state position of the country's leadership, which takes into account all the challenges the country faces today. Ukrainian society cannot be measured by the view of temporal pro-Russian authority in Georgia.
The reaction of some Georgian officials is another example of playing into Moscow's hands. Interference in Ukrainian political life with the use of the Kremlin's tools: fakes, manipulation, confusion with lies to discredit. Unfortunately, Moscow hasn't abandoned its intention to destabilize the situation in Ukraine. Therefore, it is a pity that, instead of supporting President Vladimir Zelensky in his intentions to accelerate the reform process, some senior officials in Tbilisi have openly opposed it.
I'm confident that solution of M. Saakashvili's invitation to the Cabinet of Ministers should be decided by the Verkhovna Rada within the powers, and in the manner stipulated by the Constitution and laws of Ukraine, without any external pressure or dissemination of inadequate information that the CITIZEN OF UKRAINE M.Saakashvili has an outstanding conviction. https://matsne.gov.ge/ru/document/view/30346?publication=35&scroll=0 https://zakon.rada.gov.ua/laws/show/994_341#o47 https://www.president.gov.ua/documents/3012015-19079 https://matsne.gov.ge/ru/document/view/30346?publication=35&scroll=0 https://www.president.gov.ua/documents/3292019-27229 https://petition.president.gov.ua/petition/1606 https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80#n4603