7 February 16, 1997

INSIDE: • A tale of two letters and bilateral relations — page 2. • Multiculturalism official cool to internment memorials — page 3. • Ukraine’s military terminology — page 8. HE KRAINI A N EEKLY T PublishedU by the Ukrainian National Association Inc., a fraternal non-profitW association Vol. LXV No. 7 THE UKRAINIAN WEEKLY SUNDAY, FEBRUARY 16, 1997 $1.25/$2 in Ukraine Harvard conference participants note Crimean political crisis apparently averted Ukraine is at center of NATO debate as new Parliament chairman takes charge by Margarita Balmaceda Prof. Adomeit focused his remarks on by Roman Woronowycz ately drew criticism from Crimean legisla- the idea that this is not the first time Kyiv Press Bureau tors. As Deputy Chairman of the Crimean CAMBRIDGE, Mass. – The recent NATO has had to deal with the question Parliament Volodymyr Klychnykov noted visits to Kyiv of British Defense of expansion to Eastern Europe. In fact, KYIV – Perhaps the events of the last from the speaker’s podium on January 15, Minister Michael Portillo and NATO many of the questions on the table today weeks involving the government bodies “a number of provisions have been sub- Secretary-General Javier Solana have put were faced by Soviet and Western nego- of the Autonomous Republic of Crimea stantially amended in the new wording of Ukraine at the center of discussions and tiators already in 1989-1990 during the have received less than their usual atten- the draft.” negotiations about NATO enlargement. diplomatic negotiations that preceded tion in Kyiv because the crises of Crimea This included defining terms in the draft From Ukraine’s perspective, the question Germany’s reunification in 1990. have become routine. constitution, such as “citizen of the is complex: how to avoid international Going back to the original agreements To a much greater degree, the focus Republic of Crimea,” which the legislators isolation – and a possible Russian pres- on NATO expansion to former East has been on the Russia-Ukraine debate in Kyiv had clarified by way of adding that sure for closer military relations – after German territories reached by Russia and over the on-again, off-again resolution of “citizens of Ukraine permanently residing the expansion of NATO in 1999. the West at the time of Germany’s reuni- the division of the Black Sea Fleet and in the Autonomous Republic of Crimea are This expansion, which is most likely fication (the so-called 4-plus-2 agree- the status of the city of Sevastopol, locat- citizens of the Republic of Crimea.” The to include Poland, the Czech Republic ments), Prof. Adomeit emphasized that ed on Ukraine’s southernmost territory. ad hoc committee also added the word and Hungary, is not likely to include the Russian leadership may have a point Moscow Mayor Yurii Luzhkov’s visit “autonomous” to references to the penin- Ukraine in the short or medium term. If in objecting to NATO expansion on the to Sevastopol, where on January 19 he sula throughout the document that had not negotiated and implemented careful- grounds that the spirit, if not the letter, of unequivocally stated the city does and will read “Republic of Crimea.” ly, such an expansion could indirectly the 4-plus-2 agreements prescribed no belong to Russia, overshadowed an issue The latest change to the Crimean draft lead to a situation where two reformulat- further NATO expansion after the incor- that has brought the latest rebukes by constitution sparked an uproar in the ed military blocs could take shape in poration of former East German territo- Kyiv over the Crimean peninsula’s Crimean Parliament, where there has been Europe: an expanded NATO up to ries. In Prof. Adomeit’s words: “I am not attempt to distance itself further from much friction with the central government Ukraine’s western borders, and a newly against enlargement per se, but I’m Ukraine: the contents of the yet to be of Ukraine over an unyielding demand assertive, Russian-led military alliance against an enlargement against Russian approved constitution of the Crimean from Kyiv: Crimea shall make no law that based on CIS collective security agree- opposition.” Autonomous Republic. is not in conformity with the laws of ments (dubbed by some the Miensk Mr. Kortunov, president of the The latest debacle began with the Ukraine and that all laws passed in Treaty Organization). Russian Science Foundation, discussed beginning of the sixth session of Crimea’s Symferopol are subject to review in Kyiv. Although Ukraine has repeatedly the peculiar coalition that has taken Verkhovna Rada. The first order of busi- It was too much for those deputies in refused to join CIS collective security shape in Russia against NATO expan- ness was review of the second draft of the Crimea’s Verkhovna Rada who are ori- agreements, its ability to withstand sion. What makes this coalition special, proposed constitution that had been ented toward strong autonomy if not out- Russian pressure may become limited if marked up by an ad hoc committee of a newly expanded NATO leaves the (Continued on page 4) Ukraine’s Verkhovna Rada. That immedi- (Continued on page 15) country in an isolated and vulnerable position. Thus Ukraine is working toward a special relationship with NATO that would offer some guarantees of U k r a i n e ’s court system: “the court of contracts” Ukraine’s territorial integrity. by Roman Woronowycz function, The Ukrainian Weekly begins a referred to as the arbitration court. These questions provided the back- Kyiv Press Bureau series on Ukraine’s courts, which will The court is an independent body ground for a public debate on NATO highlight each court separately. In this responsible for reviewing and settling expansion to the East that took place at The Ukrainian court system, unlike its issue we concentrate on the arbitration contractual disputes among legal enti- Harvard University on February 10 economic system, has seen little restruc - court system. ties, government bodies and other offi- under the auspices of the Harvard turing since Ukraine achieved indepen - cial organs. Essentially, its job is to Ukrainian Research Institute and the dence in 1991. Just prior to indepen - KYIV — To put it simply, the arbi- determine whether terms exist for Davis Center for Russian Studies. The dence, the court system was redefined, tration court of Ukraine is a court of breaking a contract and what they are; debate was moderated by Theresa but it remains for the most part struc - contracts. Its function is to settle dis- to decide whether a contract exists and Rakowska-Harmstrone (professor emeri- tured as it was under the Soviet Union, putes between parties over disagree- what are the promises offered by the tus, Carleton University) and counted as with the centrally important difference ments on contractual responsibilities, parties to the dispute; and then to rule panelists Celeste Wallander (assistant that all authority now lies in Kyiv. payment of debts for products, services in favor of one of the parties. In an professor of government, Harvard The Verkhovna Rada has put a review or properties. With Ukraine’s push to arbitration proceeding the court does University), Hannes Adomeit (chairman of Ukraine’s Criminal Code and Civil open capital markets and stimulate not dole out punishment, it upholds the of the Program in Russian and East Code on its 1997 agenda. However, that business growth and investment – cen- remedy offered by the winning party. European Studies at Tufts University), review will be geared more toward a tral to which is the closing of contracts Today a typical case before the arbi- Andrei Kortunov (president, Russian review of laws rather than a restructur - between parties – the arbitration court tration court is a disagreement over the Science Foundation) and Zenovia Sochor ing of the court system. system has moved from the periphery terms of lease contracts for buildings (associate professor of government, Today Ukraine’s jurisprudence sys - of Ukraine’s still Soviet-based court and apartments. As the rent for lease Clark University). Presentations were tem is organized into three major court system to a central position with an space has skyrocketed in the last four followed by an open debate that included systems: the Constitutional Court, which ever-increasing docket. years, too often landlords have attempt- the large audience, at which faculty is responsible for issues involving the Today it consists of 25 oblast arbitra- ed to throw out businesses and individ- members from more than 10 universities Constitution; the General Court of tion courts, and separate courts for uals to make room for tenants who are were represented. Competence, which deals with civil and Crimea, and the cities of Sevastopol willing to pay more. In Ukraine the As the debate brought together special- criminal matters, and at the top of which and Kyiv. Under them fall municipal length of a lease contract cannot be ists on a variety of disciplines – interna- stands the Supreme Court of Ukraine; courts (both city and raion). All answer changed, so the arbitration courts have tional security, German politics, Russian and the Court of Specialization (com - to the High Court of Arbitration. The regularly analyzed contracts to deter- foreign policy and Ukrainian politics – monly known as the arbitration court), system involves 1,052 arbitration mine the actual length of the agree- each panelist was able to approach the which, basically, handles contractual judges. ments, and determine their effect, issue of NATO expansion from a differ- conflicts and is overseen by the High The new Ukrainian Constitution according to Liudmilla Panova, owner ent angle, bringing new freshness and Court of Arbitration. passed last July refers to the arbitration and director of the legal firm Modul.

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