Ukrainian bar associations of the U.S. and Michigan hold joint meeting (01/03/99)

Ukrainian bar associations of the U.S. and Michigan hold joint meeting

by Donna Pochoday

WARREN, Mich. - The Ukrainian American Bar Association (UABA) and the Ukrainian American Bar Association of Michigan (UABAM) met for a joint fall meeting on October 16-17, 1998, at the Ukrainian Cultural Center here. Although the meeting had a low turnout of both UABA and UABAM members, nonetheless, it provided an opportunity for small group discussions and analysis of the issues on the agenda, as well as camaraderie and an opportunity to renew acquaintances.

UABA President Donna Pochoday opened the meeting on Saturday morning and UABA Treasurer Bohdan Ozaruk presented his financial report.

After the report, Ms. Pochoday began a discussion on the need to inform potential candidates about the UABA Scholarship Fund, its application and recipient election process. Two Ukrainian law graduates studying in law programs in the U.S. under grants provided by well-known scholarship donors participated in the discussion. The students shared with the audience the application and selection process utilized by popular grant donors, such as Muskie and Soros, and stressed the importance of broadly publicizing among Ukrainian law graduates and students the existence of the UABA scholarship and its eligibility requirements. One of the law graduates noted that it is essential to make the application and selection process non-discriminatory and independent, and asked that the UABA not rely solely upon the subjective recommendations of one or two deans of Ukrainian law schools known to the UABA.

Another topic on the agenda was the ongoing project on commercial law reform in Ukraine. Ms. Pochoday reported that the U.S. Agency for International Development (USAID) grant for the Commercial Law Project of Ukraine to ABA/CEELI (American Bar Association/Central Eastern European Law Initiative) to form a legal clearinghouse in Ukraine and to form an advisory board consisting of Ukrainian and American legal experts, was still being finalized.

She noted that the amount of this USAID grant is minimal, that it discounted funding for all the necessities for the project, such as office space, computer equipment and computer technicians to gather existing Ukrainian laws, regulations and law projects into one database, and that it relies extensively, if not almost exclusively, on pro bono efforts of Ukrainian and American lawyers. She also stated that despite specific proposals made previously to the USAID over the last few years, the agency would not commit to fund substantive commercial legal reform in the future - which the speaker said is the core and most critical aspect of commercial reform in Ukraine.

During the afternoon session, a nominating committee was elected to propose a slate of officers and Board of Governors of the UABA to be elected at the next UABA meeting, in June 24-27, 1999, in Virginia. The names of proposed candidates, who must be UABA members, for any of the four officer positions or any of the seven positions for the Board of Governors, should be submitted no later than February 1, 1999, to: Walter M. Lupan, Brooks & Lupan, 20 N. Main St., Suite 200, Sherborn, MA 01770; telephone, (508) 653-9275; fax, (508) 53-7791; e-mail, wml@capecod.net.

Taras Gawryk and Lidia Shanor serve on the committee along with Mr. Lupan. The president indicated a need for a complete review and overhaul of the UABA By-Laws and Constitution. The Constitution and By-laws will be available on the UABA webpage (http://www.brama.com/uaba). Any proposed changes by UABA members to the existing Constitution and By-Laws should be directed to Peter Piddoubny at: Drobenko & Piddoubny, 25-84 Steinway St., Astoria, NY 11103; telephone, (718) 721-2000; fax, (718) 721-8812; e-mail, dplaw@webspan.net. All proposals should be submitted by December 31.

Ms. Pochoday, presented background to the CBS/FCC administrative and litigation matter. Her presentation included an overview of the evidence of news distortion by "60 Minutes" during the airing of its October 1994 news segment, titled "The Ugly Face of Freedom."

Ms. Pochoday explained that more than seven months after oral arguments, on August 11, the U.S. Court of Appeals rendered its decision. This decision vacated the FCC orders (orders that had denied the appellants' petitions to deny CBS applications for broadcast license and denied the appellants the right to a hearing on the issues), and remanded the matter to the FCC for further proceedings. Ms. Pochoday noted that the Court of Appeals decision did not specifically order the FCC to designate the matter for a hearing.

The District of Columbia Circuit Court opinion stated that the FCC did not apply the correct standard (as to whether the appellants had presented enough evidence to warrant a hearing before the FCC,) nor provide a reasoned explanation in its decision. It further concluded that the FCC acted arbitrarily and capriciously in denying the appellants' petitions to deny CBS station licenses, without analyzing more specifically the evidence that was presented to the FCC. (See UABA web page: http://www/brama.com/uaba for a full copy of the U.S. Court of Appeals Serafyn v. FCC decision, or the U.S. Court of Appeals, D.C. Circuit homepage).

A lively discussion ensued on the nature of the evidence presented, the support of the Ukrainian American community for future litigation and FCC proceedings; the legal cost and expense thereof, both out-of-pocket and attorney time, what the community has a right to demand and expect out of these legal proceedings, and the possibility and nature of settlement, if any.

Ms. Pohoday informed participants that information has come to light recently that Ukrainians, who were members of the Galicia Division during World War II, are being harassed by the Office of Special Investigations of the U.S. Department of Justice. In the case of non-U.S. citizens, they are being denied entry to the U.S. from the other countries at entry points, such as JFK Airport, on the basis that they were members of the division, or alternatively, that they did not disclose the fact of their membership when questioned.

The Division was cleared of any wartime wrongdoing by the Canadian Deschenes Commission in 1986 after exhaustive hearings. Ms. Pochoday explained the "Catch-22" that these former "diviziinyky" face. If they were members of the division and are not U.S. citizens, then they might be denied entry into the U.S., even if they have not committed any crime and there is no other reason for denial of their entry.

Conversely, if they falsely state that they were not members of the Division or fail to "volunteer" information about such membership, they could be barred from entry due to misstatement of facts and/or concealment under existing immigration laws.

Current U.S. immigration and naturalization laws and regulations permit this type of activity by the Immigration and Nationalization Service (INS) and the OSI. The suggestion was made that recourse should be had through Congress to amend existing laws and regulations to prevent these type of situations. Both Congress and the INS should question the basis for exclusion of certain classes of people and the practice of "blacklisting" innocent people without prior hearings and findings to support such blacklists.

Ms. Pochoday indicated that there is a great need for UABA members to provide general counsel to the Ukrainian American community as to the legal aspects of denial of entry and deportation, and assist the community in petitioning the INS and the OSI for greater accountability and change of current legislation. This is an important matter that would require dedication and support not only on the part of the lawyers, but even more so, on the part of the general Ukrainian American community.

Attending the meeting were three lawyers from Ukraine. The meeting participants were given the opportunity to pose questions to the guests about current legal developments in Ukraine.

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