Ukraine: at Last, a New Constitution

No. 52 THE UKRAINIAN WEEKLY SUNDAY, DECEMBER 29, 1996 3 1996: THE YEAR IN REVIEW Ukraine: at last, a new Constitution lthough Ukraine was preparing to observe its fifth anniversary as an independent state in 1996, it seemed it would mark that milestone while retain- ing its Soviet-era constitution. And, though Ukraine was Athe last of the former Soviet republics to ratify a new Constitution, its Verkhovna Rada did so in dramatic style as the culmination of an all-night intense session that went on for more than 16 hours without a break. The big event occurred in the morning hours of June 28. The mood was euphoric and the atmosphere remi- niscent of the day when Parliament had declared Ukraine’s independence on August 24, 1991. The historic new Constitution established Ukraine as an independent, democratic, social, law-governed and unitary state with single citizenship. It enshrined Ukrainian as the official language, while guaranteeing the “free development” of the Russian language and other languages spoken by the citizens of Ukraine. The new Constitution of Ukraine guarantees basic democratic freedoms and rights, establishes a Western- style judicial system, guarantees the right to private prop- erty and the right to own land, and clearly divides power between the executive and legislative branches of power. Efrem Lukatsky “We have joined the league of European nations — June 28: Deputies celebrate the adoption of Ukraine’s new Constitution by throwing Mykhailo Syrota, chairman nations that have chosen democracy and freedom, and there of the Verkhovna Rada’s ad hoc Committee on the Constitution, up into the air. is no going back,”said Serhii Holovatyi, one of the principal authors of the Constitution. Mr. Holovatyi later gave up his Journal in the summer of 1996: “The government still has The Ukrainian government, which had launched a seat in Parliament to tackle the duties of justice minister (he little idea of where it is headed on the economic front. wide-reaching public relations campaign aimed at its did so in accordance with the new Constitution, which They see the past reform policies haven’t worked ... and so citizens, was pleased with the monetary reform results. stresses a clear division of powers). On June 28 — now a they want to keep administrative control of the economy.” The National Bank of Ukraine set its exchange at 1.76 legal holiday in Ukraine called Constitution Day — the President Kuchma had hoped that 1996 would also to the U.S. dollar, 1.18 to the deutschemark and 1 to national deputies also passed a measure banning lawmakers bring economic transformations, which the majority of about 3,000 Russian rubles, and the rates remained pret- from serving concurrently in another branch of government Ukrainians would see as changes for the better. But, 12 ty much stable until the end of the year. or working in commercial ventures and state enterprises. months later, on the eve of 1997, he told reporters that A public opinion poll conducted in Kyiv a week after This hotly debated issue was still a major point of his biggest disappointment in 1996 was the budget. He the new currency was introduced showed that citizens of contention at year’s end. Verkhovna Rada Chairman and called it “an absolute failure” because it was adopted the capital were upbeat about the hryvnia: 58 percent said Socialist Party leader Oleksander Moroz has led the with a huge hidden deficit and was managed improper- that the introduction of the new money would change the drive to force deputies who hold other jobs to make a ly, which resulted in wage, pension and stipend arrears. situation in Ukraine, while 29 percent said it would not choice and quit one post. He has sued many of them in Many state workers suffered as a result of the economic and 13 percent could not venture an opinion. situation in 1996; miners, teachers, doctors, retired folks, court over the issue — including First Vice Minister for Changing faces Foreign Affairs Anton Buteiko, whose case is pending. students and many others went without wages for months. The majority of the deputies also took an oath of alle- A comprehensive yearlong study of poverty in Ukraine, Mr. Marchuk, who made a name for himself as the head giance to uphold the Constitution on July 12 — the last funded by the World Bank, determined that 29.5 percent of of the Ukrainian Security Services, as vice prime minister day of the fifth session of the 13th convocation of the the country’s citizens live in poverty. and finally as prime minister, being appointed to that post Ukrainian Parliament. Sixty-three deputies have continued Many of the poor are elderly who live on measly by President Kuchma in June 1995, was sacked less than a to refuse to take the pledge. Of these, 57 are members of pensions of less than $20 a month, and there is little year later in May 1996. According to the president, Mr. the Communist faction. Although refusal to take the oath, they can do to change their lives. The willing and able Marchuk “failed to ensure the effective and stable func- according to the new Constitution, results in the loss of a — miners, teachers and students — protested their eco- tioning of the government.” He was also accused of spend- deputy’s mandate, the Communists have argued that the nomic straits, taking to the streets to demand back pay. ing too much energy on building his own political image. Constitution was adopted and the oath was established President Kuchma has promised to make their cause He was immediately replaced by Mr. Lazarenko, Mr. after they were elected deputies, and therefore is not bind- his No. 1 priority in 1997. Viktor Yushchenko, the chair- Kuchma’s political ally from Dnipropetrovsk, who had ing for this convocation. man of the National Bank of Ukraine, said in December served as Ukraine’s first vice prime minister. Although there were power struggles between many that the Ukrainian government owes its citizens over After winning approval for his prime ministerial candi- political and regional forces in 1996, the real power strug- 3.625 billion hryvni in back wages. date, the president began streamlining the Cabinet of gle occurred during the constitutional process between the Mr. Kuchma emphasized that the Verkhovna Rada must Ministers, dissolving various ministries and creating state legislative and the executive branches. pass a state budget as soon as possible so that these matters committees in their place. Among the liquidated ministries A Constitutional Committee, composed of representa- of social protection and labor can be resolved. “If the same were the Chornobyl Ministry and the Civil Defense tives from the Parliament, the president and the judicial sys- thing happens to the 1997 budget as did to the 1996 bud- Headquarters, merged and replaced with the Ministry for tem, kept redrafting the draft constitution, hoping that the get, those who are to blame will bear responsibility,” said Emergency Situations; and the Ministry for Youth and Verkhovna Rada would adopt the fundamental law before President Kuchma during a meeting with journalists on Sports, replaced with a state committee. the Constitutional Accord signed in June 1995 expired and December 21. He also reaffirmed his intention to run for a But many of the players in the Kuchma government before independent Ukraine celebrated its fifth anniversary. second term, saying that “everything will depend on the remained the same. Among those replaced were civilian Communists proposed their own draft of the constitution, economic situation. If it changes for the better, I will Defense Minister Valerii Shmarov, who resigned in the Constitution of the Ukrainian Soviet Socialist Republic. decide finally whether I will participate in the elections or July. Lt. Gen. Oleksander Kuzmuk was named to the When President Leonid Kuchma on June 27 issued a not, because only a long-term program can be fruitful.” post of defense minister. decree that he would take the constitution to the people President Kuchma had first announced on September 16 Mr. Lazarenko’s ascent to power also added fuel to via a national referendum in September, the deputies in that he would run for re-election in order to see through the fire of rumors concerning clan wars between two Parliament reacted. They refused to be labeled ineffective economic reforms. Presidential elections are scheduled for eastern Ukrainian regions, Donetsk and Dnipropetrovsk, and unproductive by the nation’s president. Feeling chal- October 1999, but already President Kuchma’s likely con- and claims that the Dnipropetrovsk “mafia” was run- lenged by President Kuchma’s move — which implied tenders include former Prime Minister Yevhen Marchuk ning Ukraine. that the legislative branch would be bypassed in adopting and Parliament Chairman Moroz, and there is even specula- No sooner was Mr. Lazarenko approved as prime the Constitution and thus negated its importance — the tion that Prime Minister Pavlo Lazarenko will take up the minister by the Parliament than an attempt was made on Parliament chairman rose to the occasion. challenge. his life. On July 16, while traveling to Kyiv’s Boryspil Political observers who spent the long night of June 27- During his meeting with the media, President Kuchma Airport to catch a plane to Donetsk, where he was to 28 in the press gallery of the Parliament said it was Mr. cited some positive achievements in the Ukrainian econo- meet with striking coal miners demanding back wages, Moroz who played a pivotal role in getting the Ukrainian my, including relative financial stabilization. a remote-controlled bomb exploded along the roadway. Constitution adopted, as he refused to take breaks, worked Ukraine had overcome inflation; whereas in 1993 it Investigators called it a professional job, but to date no diligently and sought compromise among the factions.

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