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Where there is no law, but every man does what is right in his own eyes, there is the least of real liberty
Henry M. Robert

Yevhen KARAS: “In six months we may lose the entire Ukrainian cultural infrastructure”

10 July, 2007 - 00:00
THE BANNER READS: “BEWARE! WE’RE UNDER ATTACK BY RAIDERS. THIS BUILDING IS BEING TAKEN AWAY FROM ARTISTS!” / Photo courtesy of Karas Studio

No one hates the arts as much as our Ukrainian bureaucrats, who demonstrate their negative attitude on every occasion. Right now they are homing in on Andriivsky uzviz in Kyiv. Artists who have had studios here for decades are raising the alarm as their premises are being aggressively taken over, including by means of forcible evictions. Recently, the premises of a charitable foundation known as the Association of Contemporary Artists of Ukraine, at 22-A Andriivsky uzviz, were forcefully taken over along with the art gallery where paintings by leading Ukrainian artists hang and material for master classes is stored. Yevhen KARAS, the head of Karas Studio and chairman of the artists’ association, talks about the eviction, which would make for a very compelling thriller, and offers his views on the legal casuistry and the way that Kyiv’s art circles are resisting these raider attacks.

When were these raider attacks launched?

Karas: Starting last year, backstage deals were made to sell premises housing various cultural institutions. So now we’re reaping the fruits, a visit from the raider Ivan Radyk, who allegedly heads an organization that cares for physically handicapped people. He said that we no longer own our premises.

How were you evicted?

Karas: The raiders’ task was to gain access to the premises somehow and occupy them. In our case, the raider had our door locks replaced one night. We responded by welding the doors to their frames, so as to save our artworks. They kept raiding the premises two or three times every 24 hours (early in the morning or during the night), breaking in by using tools, like jimmies. It was our task to be informed ahead of time about such raids. We took turns guarding the premises so that we could call some lawyers who had agreed to cooperate, and the militia, of course, to prevent the malefactors from gaining access to the building. Each time the raiders would arrive with their bodyguards.

Did you have any guards?

Karas: Not at the beginning. Then we hired some people, although they weren’t professionals. As it was, about 20 thugs broke into the association’s building and the Karas Studio art gallery on the night of June 27. They used crowbars, bats, even large hammers to smash the windows and doors. They broke down the steel door with sledgehammers and occupied the premises. Even though we called the police, which sent a patrol car, they just sat there and watched. The only thing we could do was to convince the intruders not to touch our canvases and let us take them out later in the week. I would like to emphasize one thing: if those people had legal grounds for taking over the premises, they would do so in the presence of an officer of the court.

How did you end up being legally unprotected against those raiders?

Karas: We have a ruling from the Economic Court of Kyiv to the effect that our association can continue to use the premises without any impediment. However, our raiding opponents managed to get a ruling from a court in Kharkiv under the aegis of a stock exchange, so now they will be suing each other.

How?

Karas: They had a lease and sublease agreement drawn up (these documents were confirmed by the Podil City District State Administration), whereby we have a sub-lessee. who is also leasing our premises. Now the sublessee is suing the lessee — in Kharkiv! — to have him evicted. This is a typical case of legal casuistry, where it is hard to figure anything out. You see, the difference between such raiders and mobsters is that the former do everything with the local authorities’ knowledge and consent, and appear to be acting in a legally correct manner. Of course, everything is done in collaboration with the city district administration, to be more precise, with its head Yevhen Romanenko, who is lending a hand to these schemes. Anyway, they had their lawsuits and now appear to be authorized to lease our premises on a par with us.

They, who?

Karas: As a rule, raiders are hired “bouncer” lawyers. In our case, it is Mr. Radyk, a graduate of the Kharkiv-based National Juridical Academy of Ukraine.

Do you know who he’s working for?

Karas: No, but a certain character visited Andriivsky uzviz in a red limousine without license plates. He declared that half the street was now his property and that there would be no room left for artists. As for his identity, I think the local authorities must know it.

Have you been in contact with any of the officials from the Podil district administration?

Karas: In the past we suggested that the district authorities support our Art Podil project as a contemporary art center that would occupy two buildings -the premises housing our art gallery along with the association and the storehouse, the Sovi-Art center of contemporary art (it is in the exact same situation), and the Association of Art Galleries of Ukraine. We wanted this art center to be complete with workshops/studios, exhibition halls, and a library. But the local authorities are apparently concerned with feathering their nests as quickly as possible, so they can make themselves scarce afterward. I think even then they will look us straight in the eyes and feel no shame whatsoever. I see no political, economic, or legal crisis in this country, only a moral one. I haven’t been able to contact Romanenko; the man has been avoiding me.

What is the situation with your colleagues?

Karas: I could spend hours listing the names of artists about to be evicted, including the Ra and Kurin art galleries, the Les Kurbas Drama Art Center, Olha Petrova, Petro Honchar, Nina Denisova, and the studios of Petro and Mykola Malyshko. This drastic situation is true of practically all studios and cultural institutions. Those who think they are not threatened should know better because they will eventually be served eviction notices, explaining that they have lost such-and-such a tender, so they have to vacate the premises before such-and-such a date to allow the new lessee to take possession.

Last year’s state budget program had a clause that completely destroys official state protection for cultural values. It reads that lessees, including those making lease agreements with culture and art centers, must make bids during regular tenders. This was how our culture was thrown out into the marketplace and forced to confront business entities. Naturally, an art studio or a cultural institution that pays a monthly rent of 3 to 5 dollars will never compete with a commercial structure that can afford 40-50, even 150 dollars per square meter. I’m convinced that, if this situation continues, our culture may well be destroyed within the next six months. All these sacred cows — art studios, creative associations, foundations, museums, contemporary art centers — have turned into tasty morsels upon which raiders have pounced like jackals, acting hand in glove with the powers that be. This is happening all over Ukraine, so in six months or a year we may well find ourselves stripped of our entire cultural infrastructure.

In the past our culture was protected by the government. If a cultural institution leased premises, afterward it could be leased only by a similar institution. An art studio could only be used as such by the next lessee. We paid a fixed rent. And then we found ourselves being allowed to rent premises for a year, a situation in which no artist, no cultural institution can make long-range creative plans, refurbish the building, or make investments.

How do you think this problem can be solved?

Karas: Our society, men of the arts, and other people who know what’s happening are shocked by this cynical official approach. It’s very important for us to launch a protest action, because no one in the government is responding, despite our countless letters to the president, the prime minister, the deputy prime minister in charge of humanitarian affairs, the mayor of Kyiv, other bureaucratic departments, even political parties. It was all for the birds. The residents of Kyiv have to take the matter into their own hands and protect their city from such cynicism, looting, and immorality through civic efforts. We have the support of various individuals who are prepared to organize such public actions.

By Oksana MYKOLIUK, The Day
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