Information about the experts:

Gmyrko Valeriy Olexandrovych, Candidate of Juridical Science, Associate Professor, Dean of the Law School of the Academy of Customs Service of Ukraine (record of service counts for 33 years).

Dyachok Oleg Olexandrovych, Candidate of Historical Science, Associate Professor, Associate Professor of the Department of theory and history of state and law of the Law School of the Academy of Customs Service of Ukraine (record of service counts for 22 years).

Uzhva Lilia Olexandrivna, Candidate of Juridical Science, Associate Professor of the Department of criminal-and-legal disciplines of the Law School of the Academy of Customs Service of Ukraine (record of service counts for 15 years).

The subject of the legal evaluation:

In letter #533, submitted by the Chairman of the internal policy Department of the Dnipropetrovsk city council V.D. Myhailyshyn, the experts were asked to make a legal evaluation of the Falun Gong adherents’ activities on the basis of the existing legislation for the point of their correspondence to art. 9 and 10 of the "Human Rights and Fundamental Freedoms Convention", art. 35, 36 and 37 of the Constitution of Ukraine and art. 7 of the Law of Ukraine "About the freedom of conscience and religious organizations".

To carry out the legal evaluation the experts were provided with the following materials:

The conclusion according to the results of the socio-psychological examination of the "Falun Dafa" doctrine, carried out by V. Vasyutinsky, Doctor of psychological science, Head of the laboratory of psychology of masses and communities of the Institute of the social and political psychology of the Academy of Pedagogical Science of Ukraine on July 28, 2008, on 17 pages.

Expert evaluation of the materials submitted by the Dnepropetrovsk city assistance center for the victims of the destructive cults "Dialogue", made by N.A. Lypovska, Ph.D. of government administration science, Candidate of social science, Associate Professor, the Head of the Department of sociopsychological research of the Customs Academy, on 3 pages.

The conclusion about the visual materials, the Falun Gong social organization exposes in public places, made by G.V. Shostakovych, the current member of the Professional psychotherapeutic League, Official teacher and supervisor of the Professional psychotherapeutic League, Candidate of the medical science, on 2 pages.

The expert evaluation of the materials, submitted by V. Vasyutinsky, the All-Ukrainian social organization "Cults and society", Doctor of the psychological sciences, Head of laboratory of psychology of masses and communities of the Institute of the social and political psychology of the Academy of Pedagogical Science of Ukraine on October 30, 2007, on 3 pages.

The religious studies expert evaluation about the religious status of the "Falun Dafa" teaching by Li Hongzhi, made by T.A. Borozenez, Candidate of philosophical science on 9 pages.

Besides, on experts’ request the following documents have been submitted.

Printed:

The photocopy of the Certificate A00 #404054 about the legal registration of the Dnipropetrovsk regional social organization "The Falun Dafa system", made on October 27, 2004, 1 page.

The photocopy of the statutes of the Dnipropetrovsk regional social organization "The Falun Dafa system", registered by Dnipropetrovsk regional department of justice on October 27, 2004 (certificate #775) on 8 pages.

The photocopy of the official response, made by the PRC Embassy in Ukraine to the request by the judge of Krasnogvardiyskiy district court in the city of Dnipropetrovsk T.O. Dubizhanska on 5 pages.

ЛиХунчжи. ЧжуаньФалунь. —Днепропетровск: РИА .Днепр- VAL., 2005. — 320 с., ил.

ЛиХунчжи. Фалуньгун: Пособиепотеорииипрактикесамосовершенствованиячеловека/ Пер. скитайскогоязыкаГаоЦуньмань. — Днепропетровск: Дриант, 2006. — 103 с., ил.

ЛиХунчжи. ФалуньДафа. —М.: Изд-воРУДН, 1999. — 339 с., ил.

ФалуньгунвУкраине. К.: ТОВ"Легко .нк". — 2007. — 36 с., .л.

ПрактикующиеФалуньгун. Ктоони? —К.: ТОВ"Легко .нк". — 2008. — 32 с., .л.

ПоследователиФалуньДафавУкраине. Ктоони? —К.: ТОВ"Легко .нк". — 2008. — 36 с., .л.

Video:

DVD "The Falun Dafa in Dnepropetrovsk".

DVD with the video materials about the demonstration of the adherents of the Falun Gong in Kiev.

DVD "The Falun Gong activists’ self-immolation".

Introductory principles

- From the religious studies’ point of view among the contemporary religious teachings and institutions Li Hongzhi’s "Falun Dafa" can be classified as a neo-religious doctrine and organization with oriental orientation (5, p.9).

- From the socio-psychological point of view "The Falun Dafa" doctrine is a variant of a pseudo religious exoteric teaching, non-traditional for the Ukrainian mentality. The basis of this teaching is made up of a mixture of pseudo religious and pseudo scientific principles, which are complemented by the requirements of the undoubted acknowledgement of the leader’s authority and complete subjugation (1, p.17). 

 - According to the official response of the PRC Embassy in Ukraine to the request, made by the judge of Krasnogvardiyskiy district court in the city of Dnipropetrovsk, the Falun Gong teaching was founded by Li Hongzhi in China in the early 1990s. Because of the fact of the legislation violation in July 1999 the Falun Gong activities were prohibited in the PRC (11, p.1).

This document also mentions, that Li Hongzhi has established psychological control over the Felun Gong adherents. It resulted in deaths of several thousands of those, who kept to the requirements of the teaching (11,p.1).

- According to the points 1.1, 2.1, 2.2 of the statutes of the Dnipropetrovsk regional social organization "The Falun Dafa system", this organization is a local social one.

- The main purpose of its activities is to satisfy and protect social, economical, scientific, artistic and other common interests of its members, as well as to uplift their moral and spiritual levels and mental health. The task of this organization is to propagate the Falun Dafa teaching, which is a modern system of spiritual and physical self-perfection (7, p.2).

The subject of the legal evaluation were the following materials:

- The conclusion according to the results of the socio-psychological examination of the "Falun Dafa" doctrine, carried out by V.Vasyutinsky, Doctor of psychological science, Head of the laboratory of psychology of masses and communities of the Institute of the social and political psychology of the Academy of Pedagogical Science of Ukraine on July 28, 2008, on 17 pages.

- Expert evaluation of the materials submitted by the Dnepropetrovsk city assistance center for the victims of the destructive cults "Dialogue", made by N.A. Lypovska, Ph.D. of science in government administration, Candidate of social science, Associate Professor, the head of the Department of sociopsychological research of the Customs Academy, on 3 pages.

- The conclusion about the visual materials, the Falun Gong social organization exposes in public places, made by G.V. Shostakovych, the current member of the Professional psychotherapeutic League, the Official teacher and supervisor of the Professional psychotherapeutic League, Candidate of the medical science, on 2 pages. 

 - The expert evaluation of the materials, submitted by V. Vasyutinsky, the All-Ukrainian social organization "Cults and society", Doctor of the psychological sciences, Head of laboratory of psychology of masses and communities of the Institute of the social and political psychology of the Academy of Pedagogical Science of Ukraine on October 30, 2007, on 3 pages.

- The religious studies expert evaluation about the religious status of the "Falun Dafa" teaching by Li Hongzhi, made by T.A. Borozenez, Candidate of philosophical science on 9 pages.

- DVD "The Falun Fafa in Dnepropetrovsk".

- DVD with the video materials on the demonstration, arranged by the adherents of the Falun Gong in Kiev.

- DVD "The Falun Gong activists’ self-immolation".

Taking into account the fact that the meaning of "the Falun Gong adherents" word combination is semantically wider than that of "the members of the Dnipropetrovsk regional social organization "The Falun Dafa system", the experts limited the legal evaluation to the activities of the latter.

The experts, while preparing the report, considered it possible to use "The expert evaluation of the materials, submitted by the All- Ukrainian social organization "Cults and the society", made by V. O. Vasyutinsky as for the pictures on the posters, exposed during the regular pickets conducted by the Falun Gong disciples in Kiev, since similar materials were used by the members of the Dnipropetrovsk regional social organization "The Falun Dafa system" (15, 16).

The main part

Analysis of the Dnipropetrovsk regional social organization "The Falun Dafa system" activities as for its correspondence to art. 35 of the Constituion of Ukraine

Art. 35, part 1 of the Constitution of Ukraine states, that everybody has a right for the freedom of consciousness and religion.

According to the statutes of the Dnipropetrovsk regional social organization "The Falun Dafa system" the purpose of the organization is to satisfy and protect social, economical, scientific, artistic and other common interests of its members, as well as to uplift their moral and spiritual levels and manual health in compliance with the principles of the Falun Fafa — Truth, Kindness, Patience (7, p.2). The experts consider that the above mentioned wording corresponds to art. 4 of the Law of Ukraine "About citizens’ unions" # 2460-XII edited on June 16, 1992, as well as to art. 35 part 1 of the Constitution of Ukraine.

According to art. 35 part 2 of the Constitution of Ukraine, exercising this right can be limited only by the law with the purpose of social order maintenance, health and morality protection or protection of other people’s rights and freedoms.

As expert N.A. Lypovska sates, public demonstration of staged acts of executions, played by the members of the Dnipropetrovsk regional social organization "The Falun Dafa system", makes a significant socio-psychological problem and is an example of intolerable invasion of privacy, resulting in a range of significant negative psychological consequences.

The expert also determines evidences of asociality and manipulative tactics in the adherents’ practice (2, p.3).

Expert V. Vasyutinsky believes that there are significant grounds for identifying the public exhibition of the photographs during the pickets in front of the PRC Embassy of Ukraine as a significant sociopolitical problem and intolerable interference in people’s privacy, which can have long-term negative consequences for the citizens (4, p.3).

Analyzing the above mentioned points, expert G.V. Shostakovych stresses that photographs, exposing tortures, violence and dead bodies, have not only informational significance, but also highlight the possibility of violence and cruelty, initiating aggressive impulses and impunity, which may result in the usage of the materials with terrorist purposes. Frightening images and scenes of violence result in development of children’s fears and aggression. as well as malfunction of processes of attention and education, intensifying the development of depressive features, autism and social phobias (3, p.1).

Thus, we can draw a conclusion that exercising the right for freedom of views by the members of the Dnipropetrovsk regional social organization "The Falun Dafa system" has signs of violating social order, health and morality of the population as well as rights and freedoms of other people. 

 Analysis of the activities of the Dnipropetrovsk regional social organization "The Falun Dafa system" as for their correspondence to art. 36 part 1 of the Constitution of Ukraine.

The citizens of Ukraine have a right to freely unite into social organizations with the purpose of exercising and protecting their rights and freedoms and satisfying their political, economical, social, cultural and other interests, except for the restrictions, launched by the law to provide state security and social order, as well as health, freedoms and rights protection.

According to the statutes of the Dnipropetrovsk regional social organization "The Falun Dafa system" the purpose of the organization is to satisfy and protect social, economical, scientific, artistic and other common interests of its members, as well as to uplift their moral and spiritual levels and manual health in compliance with the principles of the Falun Fafa — Truth, Kindness, Patience (7, p.2), which corresponds to art. 36 part 1 of the Constitution of Ukraine and art. 1 part 1 of the Law of Ukraine "About citizens’ unions".

At the same time the exercise of this right is also believed to have signs of violation of social order, health and morality of the population as well as rights and freedoms of other people.

Analysis of the activities of the Dnipropetrovsk regional social organization "The Falun Dafa system" as for their correspondence to art. 37 part 1 of the Constitution of Ukraine.

Art. 37 part 1 of the Constitution of Ukraine states that establishment and activities of social organizations, which aim at violating human rights and freedoms, as well as human health, are prohibited.

The program tasks of the Dnipropetrovsk regional social organization "The Falun Dafa system" (7, p.2-3) correspond to the current legislation, which is confirmed by the fact of its registration (6).

But behaviour of its members, as mentioned above, has signs of violation of social order, health and morality of the population as well as rights and freedoms of other people.

This fact gives grounds to the experts to state the necessity of discussing the question as for the possibilities of prohibition of the Dnipropetrovsk regional social organization "The Falun Dafa system" in compliance with art. 37 parts 1 and 4 of the Constituion of Ukraine and art. 4 part 1 of the Law of Ukraine "About citizens’ unions". 

Analysis of the activities of the Dnipropetrovsk regional social organization "The Falun Dafa system" as for their correspondence to "Human Rights and Fundamental Freedoms Convention".

Art. 9 part 1 of "Human Rights and Fundamental Freedoms Convention" November 4 , 1950 (ratified by the Law of Ukraine # 475/ 97-BP on July 17 1997) states that everybody has a right for the freedom of views; this right includes the right for changing opinions, as well as the right for expressing opinions alone or together with other people in private or in public.

The members of the Dnipropetrovsk regional social organization "The Falun Dafa system", as well as other people have the rights for the freedom of views and opinions, that’s why their actions in this sphere correspond to art. 9 of the Convention.

Art. 9 part 2 of the Convention about human rights and freedoms protection clearly states that the freedom of expressing an opinion is only restricted by the law regulations, necessary in the democratic society to provide social security and order, human health, morality, rights and freedoms protection.

In this part the actions taken by the members of the Dnipropetrovsk regional social organization "The Falun Dafa system", in experts’ opinion, have signs of violation of social order, health and morality of the population as well as rights and freedoms of other people (look up the argumentation for the analysis of the Dnipropetrovsk regional social organization "The Falun Dafa system" as for the correspondence to art. 35 of the Constitution of Ukraine).

Analysis of the activities of the Dnipropetrovsk regional social organization "The Falun Dafa system" as for their correspondence to art. 10 of "Human Rights and Fundamental Freedoms Convention".

Art. 10 part 1 of the Convention states, that every person has a right for the freedom to express views, which includes the freedom to stick to one’s own views, to receive and transfer information and ideas without interference of the governmental institutions regardless of the borders.

The members of the Dnipropetrovsk regional social organization "The Falun Dafa system", as other people, have the right for the freedom of views expression, that’s why their behaviour in this aspect corresponds to art. 10 part 1 of the Convention.

According to art. 10 part 2 of the Convention the above mentioned right can be restricted by the law in order to provide social security and order, as well as health and morality protection.

In this aspect, in experts’ opinion, the actions taken by the members of the Dnipropetrovsk regional social organization "The Falun Dafa system" have signs of violation of social order, health and morality of the population as well as rights and freedoms of other people (see the argumentation for the analysis of the Dnipropetrovsk regional social organization "The Falun Dafa system" as for the correspondence to art. 35 of the Constitution of Ukraine) .

Analysis of the activities of the Dnipropetrovsk regional social organization "The Falun Dafa system" as for their correspondence to art. 7 of the Law of Ukraine "About the freedom of conscience and religious organizations"

According to art. 7 part 2 of the Law of Ukraine "About the freedom of conscience and religious organizations" # 987-XII April 23 1991, religious organizations in Ukraine are religious communities, departments and centers, monasteries, religious brotherhoods, missionary societies (missies), ecclesiastical educational establishments and associations, consisting of the above mentioned religious organizations. Religious associations are represented by their centers (administrations).

According to the above mentioned expert conclusion about the religious status of Li Hongzhi’s "the Falun Dafa" doctrine, made by T.A. Borozenez, the Dnipropetrovsk regional social organization "The Falun Dafa system" can be qualified as a social organization, based on religious grounds, that’s why according to art. 7 part 3 of the Law of Ukraine "About the freedom of conscience and religious organizations", the activities of this organization do not come under this Law.

Besides, we consider it possible to mention that, as it is mentioned in the conclusion of expert G.V. Shostakovych, the photographs of tortures, violation, dead bodies have not only informational impact, but also highlight the possibility of violation and cruelty, forming aggressive impulses, advertising impunity, promoting further usage of this material with terrorist purposes. The very nature of this information propagates violence and cruelty (3, p.1).

Experts are prone to think that under certain circumstances behaviour of the members of the Dnipropetrovsk regional social organization "The Falun Dafa system" can be qualified according to art. 300 part 1 of the Criminal Code of Ukraine "Importation, production and distribution of the printed output, propagating the cult of violence and cruelty".

Conclusions

On the basis of the submitted materials the experts consider it possible to draw such conclusions:

1. The activities of the Dnepropetrovsk regional social organization "The Falun Dafa system" members conform to art. 35 part 1 and art. 36 part 1 (in the part about the right for freedom), art. 37 part 1 (in the part about the right for freedom) of the Constitution of Ukraine, art. 9 part 1 and art. 10 part 1 of "Human Rights and Fundamental Freedoms Convention".

2. The activities of the Dnepropetrovsk regional social organization "The Falun Dafa system" members do not conform to art. 35 part 2 and art. 36 part 1 ( in the part about the practice of exercising rights), art. 37 part 2 (in the part about the practice of exercising rights) of the Constitution of Ukraine, the art. 9 part 2 and the art. 10 part 2 of "Human Rights and Fundamental Freedoms Convention".

3. The activities of the Dnepropetrovsk regional social organization "The Falun Dafa system" members according to art. 7 part 3 of the Law of Ukraine "About the freedom of conscience and religious organizations", are not considered by this Law.

4. According to the existing legislation there are reasons to raise a question about judicial prohibition of the activities of the Dnepropetrovsk regional social organization "The Falun Dafa system".