Court Scraps 2004 Amendments to the Constitution of Ukraine

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Court Scraps 2004 Amendments to the Constitution of Ukraine INSIDE: • In the U.S., Yanukovych tries to explain his priorities – pages 4, 6. • Ukrainian Educational and Cultural Center’s 30th jubilee – page 9. • Ukrainian American Youth Association’s counselor exchange – page 17. THEPublished U by theKRAINIAN Ukrainian National Association Inc., a fraternal Wnon-profit associationEEKLY Vol. LXXVIII No. 41 THE UKRAINIAN WEEKLY SUNDAY, OCTOBER 10, 2010 $1/$2 in Ukraine Protests mount against bill giving Court scraps 2004 amendments official status to Russian language to the Constitution of Ukraine by Zenon Zawada ers said the law would open the floodgates Kyiv Press Bureau for the Russian language to dominate those public spheres where Ukrainian remains pro- KYIV – Protests are mounting against the tected, particularly the courts and schools. government’s plans to give the Russian lan- Only in the armed forces would the guage official status in most regions of Ukrainian language remain exclusive. Ukraine, which critics said will destroy state The Russian language currently domi- protection for the Ukrainian language and nates most aspects of Ukrainian life, includ- could lead to the nation’s disintegration. ing the mass media and business, following About 1,000 activists demonstrated on three and a half centuries of Russian imperi- October 4 across the street from Parliament. alism during which Ukrainian speakers were “We won’t allow you to divide Ukraine persecuted by authorities. territorially, linguistically or culturally!” The Ukrainian Constitution’s guarantee boomed Yevhen Nyshchuk, a professional for Ukrainian as the single official language actor best known for his role as the Orange to be used in state institutions, such as gov- Revolution DJ. Among the activists was a ernment organs and schools, is the last obsta- large contingent from the National cle preventing the Russian language from University of Kyiv Mohyla Academy, one of monopolizing and rendering the Ukrainian Ukraine’s top universities. language extinct, in the view of intellectuals The pro-Russian parliamentary coalition and activists. on September 7 registered a bill, “On No legislation has been approved in 19 UNIAN Languages in Ukraine,” that calls for the years of Ukrainian independence that recog- Russian language to become the official nizes the Russian language. Instead National deputies post a sign in the Verkhovna Rada which reads “Stop the Anti- regional language, on par with Ukrainian, in Ukrainians have been guided by the “Law Constitutional Coup.” any oblast, city, district or village in which at on Languages in the Ukrainian Soviet by Zenon Zawada 1996 version of the Constitution of least 10 percent of the population “mainly Socialist Republic,” passed in 1989, which gives priority to Ukrainian in all spheres of Kyiv Press Bureau Ukraine, that functioned until January 1, uses” Russian. 2006, when the new constitutional By those criteria, Russian would gain public life. “In the event of the approval and imple- KYIV – Ukraine’s Constitutional amendments took effect, which required official status in almost all of Ukraine’s mentation of the ‘On Language in Ukraine’ Court ruled on October 1 to overturn the parliamentary factions to form the coali- oblasts and cities, even in the western legislation, the marginalization of the constitutional changes approved in tion, rather than the president. regions of Halychyna, Volyn and Ukrainian language and its displacement December 2004 during the Orange “We’ve returned to the Constitution Zakarpattia. Revolution – dividing authority among which Europe and the world recognized In giving Russian official status, observ- (Continued on page 8) Ukraine’s president, prime minister and as among the best,” Mr. Yanukovych Parliament – and to restore full executive declared. “This Constitution allowed authority to President Viktor Yanukovych. Ukraine to affirm itself as an independent Ukrainian Festival at UACCNJ The highly questionable ruling was state, determine its unchanging course politically motivated, observers said, as towards democracy, rule of law, defense the court handed Mr. Yanukovych his of rights and freedom of citizens.” attracts over 1,000 visitors biggest victory amidst a series of maneu- Yet it quickly became apparent that vers since his February election to con- Mr. Yanukovych would abide only by centrate authority in his hands while dis- those provisions of the 1996 Constitution mantling rule of law and balance of that he preferred, while ignoring those power. that worked against him. “All the government’s activity under Canceling the 2006 Constitution would President Yanukovych involves setting a require parliamentary elections in March goal and achieving it by any means nec- 2011 (the last Sunday in March four essary,” Ihor Zhdanov, president of the years after the last election, according to Open Politics Analytical Center in Kyiv, the 1996 Constitution), an idea that the told an October 6 press conference. Presidential Administration flatly reject- “That’s the government’s credo. ed. Relations between the government and “Addressing these issues, the Justice citizens aren’t built on equality, but the Ministry said everyone should execute government of the subjected. We make a their authority based on the 1996 edition, decision and the people swallow it. This but not the terms of authority,” said Ihor is done with pseudo-legal methods.” Koliushko, the chair of the Center for President Yanukovych gained the abili- Political and Legal Reforms in Kyiv. ty to appoint and dismiss Cabinet minis- “They’re playing games now. Either ters, including the prime minister. The we stand on the position that the authori- president will again play the key role in ties and their terms are active according forming the parliamentary coalition, to the new edition of the Constitution, or avoiding the troubles faced by former Christine Syzonenko the old one. But this can’t be split,” he President Viktor Yushchenko, who was added. WHIPPANY, N.J. – The inaugural Ukrainian Festival of the Ukrainian opposed by his own prime minister and As a result of such inconsistencies, American Cultural Center of New Jersey was held on Saturday, October 2, Parliament. Ukrainian governance is mired in legal with over 1,000 people – Ukrainians and non-Ukrainians alike – in atten- In a national address on the day of the chaos as it remains unclear what parts of dance. For a photo report, turn to page 13. court ruling, President Yanukovych announced the country would rely on the (Continued on page 4) 2 THE UKRAINIAN WEEKLY SUNDAY, OCTOBER 10, 2010 No. 41 ANALYSIS NEWSBRIEFS Ukrainian Education Minister Tabachnyk Court cancels 2004 reform Constitution, I will obey this decision as any other,” the president said. “All our fur- KYIV – The Constitutional Court of ther moves on improving the Constitution confirms his Russian nationalist credentials Ukraine on October 1 cancelled the politi- will be effective, systematic and transpar- by Taras Kuzio close to the Communist Party and neo-Sovi- cal reform of 2004. The court declared ent. A new reform of the political system is Eurasia Daily Monitor et wing of the Party of Regions. Mr. unconstitutional law No. 2222-IV of an integral part of the course for reforms Tabachnyk has banned the use of the term December 8, 2004, amending the and will become a great step towards Dmytro Tabachnyk, minister of educa- “World War II” from textbooks in favor of Constitution of Ukraine, stating that it vio- nationwide consensus,” he said. “I support tion and science in Ukrainian Prime the “Great Patriotic War” (ignoring the lated the procedure for its consideration and the idea of a referendum, as well as the idea Minister Mykola Azarov’s government, has 1939-1941 Nazi-Soviet collaboration) adoption. Court Chairman Anatolii Holovin of a National Constitutional Assembly as a always been a controversial figure because (Ukrayinska Pravda, April 12). announced the ruling on September 30. The mechanism for efficient consolidation on of his antagonistic views towards western In his “what kind of textbooks should we Constitutional Court explained that a com- the way of political reforms. It is a legiti- Ukrainians, Ukrainian nationalism and his use?” argument, Mr. Tabachnyk asserted parative analysis of the law adopted on mate way we will move ahead,” Mr. pro-Russian view of history. Valeriy that “Stepan Bandera and Yurii Shukhevych December 8, 2004, and bill No. 4180, Yanukovych noted. (Ukrinform) Khoroshkovsky continues to remain in his will remain in history as nationalists and regarding which the court gave its conclu- position as the chairman of the Ukrainian organizers of mass murder and will forever sion in a decision dated October 12, 2004, President comments on amendments Security Service (SBU) even though he be stained by the brush of collaborationism” indicates that during the final adoption of KYIV – President Viktor Yanukovych continually embarrasses President Viktor (www.partyofregions.org.ua, June 4). the bill the Constitution was amended by on October 5 insisted that the process of Yanukovych (Eurasia Daily Monitor, Mr. Tabachnyk used traditional Soviet specific provisions which the court did not further amendments to the Constitution of September 23). discourse to describe the Orange camp as review. According to the Constitutional Ukraine should be public and open. The The appointments of Messrs. Tabachnyk “national-radicals” and “nationalists” rather Court, the Verkhovna Rada thereby violated president welcomed the October 1 decision and Khoroshkovsky
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