Towards the Course of Ukraine (To the 100Th Anniversary of the Act of Unification of the Upr with Zunr)

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UDC 340 W. Butler, School of Law University of Penn- sylvania Philadelphia, USA V. Yermolaiev, National Academy of Legal Sciences of Ukraine Institute of Postgraduate Education Yaroslav Mudryi National Law University Kharkov, Ukraine TOWARDS THE COURSE OF UKRAINE (TO THE 100TH ANNIVERSARY OF THE ACT OF UNIFICATION OF THE UPR WITH ZUNR)

Abstract. In the history of the state and law of Ukraine there are immemorial events, legal monuments, the significance of which is fully realized only with time, especially in modern times. Such an event and attraction is the Act of reunification of the Ukrainian People’s Republic and the West Ukrainian People’s Republic on January 22, 1919. This article attempts to make a short historical and legal analysis of the processes of state- building on the way to the unification of the Ukrainian people and their lands with the beginning of the Ukrainian revolution. It began after the February bourgeois-democratic revolution of 1917 in Petrograd to create in Kiev in early March, public organizations and political parties, emerged from the underground, the Ukrainian Central Rada (hereinafter – UCR). The latter was created as a “parliamentary organization”. In order to provide her with the “nature of the present representation of the entire organized Ukrainian people,” in April 1917 a crowded National Congress was convened. He determined the form of the state structure of Ukraine – national-territorial autonomy as part of federal democratic Russia, with the main principles of autonomy. The Congress replenished the composition of the UCR, elected its Chairman – Grushevsky. Subsequently, at its V and VI sessions, as a result of the new reorganization and replenishment of membership in territorial and party representation, as well as at the expense of elected members from military, public, trade union organizations, national minorities, the UCR already had 643 deputies. The activity of the Central Rada was determined by political parties of the socialist direction: from 19 parties (Ukrainian, Russian and Polish), 17 called themselves socialist. This led to the direction and content of the state implemented by the Ukrainian Central Rada and its government – the General Secretariat. Key words: Ukrainian People’s Republic, Ukrainian Central Rada, Act of Reunification.

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Introduction defined the structure of state in Ukraine In the history of state and law of as national-territorial autonomy in the Ukraine there are memorable events, le- federal democratic Russia, with the main gal monuments, the meaning of which is principles of autonomy. The Congress comprehensible only in course of time, joined the composition of the UCR, especially in the current period of active chose its head – M. Hrushevsky. Subse- state formation. Such event and monu- quently, at V and VI sessions, as a result ment is Act Zluky of the Ukrainian Peo- of a new reorganization and replenish- ple’s Republic with West Ukrainian ment of the composition of the territo- People’s Republic on January 22, 1919. rial and party representation, as well as The Presidential Decree “On Measures at the expense of elected members from to Celebrate the 100th Anniversary of the military, public, trade union organiza- Events of the Ukrainian Revolution of tions, national minorities, the UCR al- 1917–1921” contemplates “To determine ready had 643 deputies [3]. In reality, the commemoration of events and prom- significantly fewer deputies were in- inent participants of the Ukrainian Rev- volved in its work. Political parties of olution of 1917–1921 as one of the pri- social nature determined the activities of orities of the state authorities in 2017– Central Rada: among 19 parties (Ukrai- 2021” [1]. The Decree mentions, in nian, Russian and Polish) 17 considered particular, the necessity to prepare and themselves socialist. This shaped the publicize scientific works, to contribute direction and content of state formation comprehensively to scientific, ethno- was being made by the UCR and its gov- graphic researches on history of Ukrai- ernment. V. Vinnichenko recalled: “This nian state formation and liberation move- was the center to which all the springs ment. of the awakened national energy flooded; The article attempts brief historical all the pities, all injustices, all hopes, and legal analysis of processes of state expectations, plans, calculations, and formation on the way to uniting Ukrai- arguments flooded here. “[4]. nian people and lands with the beginning Despite counteractions and neutral of the Ukrainian revolution. policies of Russian Provisional Govern- It began after February revolution of ment, the UCR gradually was taking 1917 in Petrograd with public organiza- over the management of all affairs in tions and political parties emerged from Ukraine. Rada’s activists tried to defend underground, Ukrainian Central Rada interests of Western Ukrainians. Report- (hereafter referred to as UCR), started ing at the meeting of its Committee in formatting at the beginning of March. April and July D. Doroshenko, appoint- UCR was created as “parliamentary-type ed by the Territorial Commissioner of organization” [2]. To make it “the true the Parts of Galicia and Bukovina oc- representation of all organized Ukrainian cupied by Russian troops, spoke about people”, in April, 1917 the National Con- the frightening situation of “humanity gress was convened [3]. The Congress deprived of rights”, his unproductive at-

26 Yearbook of ukrainian law Towards the course Butler W., Yermolaiev V. of ukraine... tempts to restore economic and cultural UCR proclaimed the Ukrainian People’s life in the country. Rada outlined the pri- Republic, the total authority of Central ority measures in helping Galician emi- Rada and its General Secretariat [3]. In grants and prisoners in Siberia [3]. such way, the Ukrainian statehood was However, the desire of Central Rada restored. to legitimately gain Ukrainian autonomy The formation of UPR own legal sys- in the federal democratic Russia reflect- tem started. Rada issued laws in the ed in I and II Universals of Rada faced name of UPR; the government had the a decisive opposition from Provisional right to “issue orders in the scope of gov- Government. The principle of state for- ernment on the basis of laws”. The final mation declared by activists in I Univer- delimitation of UPR, the accession of sal “without separating from whole Rus- “adjacent provinces and regions, where sia, without breaking up with the Russian the majority of population is Ukrainian- state” [3] negatively affected its pace, speaking” should be “established in hampered solutions of very important agreement with the organized will of social and economic issues. It may seem people” [3; 5]. The leaders of Ukrainian strange for today, but the matter of future revolution did not see close prospects for prosperity of the Russian state in plans the collapse of the Austro-Hungarian and events of Rada’s activists overpow- Empire and the unification of the Ukrai- ered a search for solutions. In September nian people in one state. In addition, po- 8, 1917 in Kyiv, there was the congress litical events at Naddnipranschina be- of representatives of peoples and regions came more complicated. of Russia, convened by the Central Rada. At the Congress of Workers ‘and Its delegates strived for “federate reor- Peasants’ Deputies of Donbass and ganization of Russian republic”, planned Kryvorizhya in Kharkiv in December 12, to end “excessive centralization of leg- 1917, delegates proclaimed the author- islative and executive power” [5]. For ity of Soviet in Ukraine. The Central further work, even the Council of People Executive Committee of the Soviets was was elected. However, Russian Provi- elected, and the Soviet government was sional Government in Petrograd did not formed. In resolutions “On the organiza- respond to this event, and hopes about tion of power in Ukraine”, “On self-de- democratic reorganization of Russia and termination of Ukraine”, the Congress democratic solution to the Ukrainian is- of Soviets instructed the Provisional sue remained an illusion. Central Executive Committee “to extend 1. Features of formation of upr to the territory of the Ukrainian republic own legal system all decrees and orders of the workers and October Rebellion under the leader- peasants government of the Russian Fed- ship of Bolsheviks and overthrow of eration.” USSR was recognized as the Russian Provisional Government accel- part of Russian Republic [6]. erated processes of state formation in The last Ninth session of the UPR Ukraine. The adopted Third Universal of was on January 15–25, 1918 in the con-

№ 12/2020 27 Theory and history of state and law ditions of Bolshevik troops attack on This was the price Central Rada paid for Kyiv and the Arsenal factory workers’ peace and return to power. uprising organized by the Bolsheviks. For the UPR delegation in Brest it Under the influence of these events, the was important question concerning per- leadership of the Central Council finally spectives of joining all lands inhabited lost the illusion of the possibility of es- by ethnic Ukrainians in the West. How- tablishing a Russian democratic federal ever, the delegation had to agree on a republic and UPR joining it. Peace ne- secret agreement with Austria-Hungary gotiations in Brest and Ukrainian delega- “on the case of Eastern Galicia and Bu- tion desire to sign a peace treaty with the kovina,” according to which the Aus- countries of the Quadruple Alliance trian side promised to ensure the cul- made necessary constitution of the tural development of Western Ukraini- Ukrainian People’s Republic as a subject ans, and by July 31, 1918, to unite the of international law. That is why the ses- West Ukrainian lands “in one single sion adopted the last Forth Universal, crown edge “[3]. stating in it “From now Ukrainian Peo- As we see, the UCR activists for a ple’s Republic is independent, free, sov- unjustifiably long time were trying to gain ereign state of Ukrainian People”. the legal status of Ukrainian autonomy M. Hrushevsky hoped that proclaimed within the Russian Federation, which de- independence “would become the solid layed and slowed down the democratic basis of our statehood and social build- state formation in Ukraine, the solution ing” [3; 5]. It was indeed crucial state of urgent social and economic issues. At- step on the way to the unity of Ukraine. tracting German and Austrian military aid The ninth session of the UPR em- led to the actual occupation of Ukraine, powered the Ukrainian delegation to sign its robbery and, as a consequence, to the in Brest the peace treaty with Germany, final loss of public confidence in the Cen- Austro-Hungary, Turkey and Bulgaria. tral Rada. The promise of the Austro- It was signed on January 27, 1918. It was Hungarian government on the unification the first peace treaty in the First of Western Ukrainian lands remained World War. It consolidated (art.1) the weak consolation. desire of the parties “to live in peace and Under the foreign and Soviet domi- friendship” [3]. Agreements on the ex- nation, when Central Rada was in Vo- change of prisoners, the establishment lyn’, predominant amount of adopted of diplomatic relations, the exchange of acts did not come into force. Its last legal “remnants” of products, etc. were act, adopted on April 29, 1918 after Rada reached. The additional terms of the returning return to Kyiv, was the Consti- Brest Treaty were armed assistance to tution of the UPR – “The Statute on the the UPR to fight the Bolsheviks and loan State System, the Rights and Freedoms in the amount of 1 billion rubles in ex- of the UPR”. The Constitution pro- change for 1 million tons of food, coal claimed the UPR State as a sovereign, and other supplies from Ukraine. [3]. independent, whose territory is indivis-

28 Yearbook of ukrainian law Towards the course Butler W., Yermolaiev V. of ukraine... ible [3]. The Basic Law generalized the trian Parliament, regional districts, rep- annual state formation experience, took resentatives of Ukrainian political par- into account its achievements and disad- ties, clergy and students came to Lviv. vantages. At the meeting, the Ukrainian National The existence of the Ukrainian state Rada was established, its Charter was in the conditions of the hetman regime approved, its membership was deter- and the German occupation, and then the mined, its head was declared – E. Petru- appearance of “Federal Diploma” by shevich [8]. The next day, the “Procla- P. Skoropadsky on November 14, 1918 mation of the Ukrainian People’s Repub- in a certain way compromised the idea lic” (Manifesto) was published, which of Ukrainian unity. But she revived and established the territory of the republic, gained strength among the opposition constituting the Ukrainian state [8]. political parties, Western Ukrainians. With the collapse of Austria-Hunga- 2. West ukrainian people’s repub- ry on November 1, 1918 Sich Riflemen lic under the authority of state secre- led by D. Vitovsky handed over power tariat in Lviv, while the deputy governor of In the middle of October 1918, the Galicia and the delegation of Rada association of political parties Ukrainian signed an act on the transfer to her full National Union unveiled “Statement on authority in the country. This decision of the Internal and External Situation of November 1918 was also supported in Ukraine”, in which it called it quite nat- Chernivtsi, but by the end of November, ural and necessary to “unite in the one Romanian troops occupied the territory state Ukrainian organism all the inhab- of Bukovina [8]. In November 9, Rada ited by Ukrainians lands that, by this formed State Secretariat (government), time and international circumstances, did and also defined the official name of the not form part of the Ukrainian state, that state – the West Ukrainian People’s Re- are Eastern Galicia, Bukovina, part of public. The next day, Rada adopted a Hungarian Ukraine, Kholmshchyna, Pid- resolution mandating the State Secre- lyassya, parts of Bessarabia with the tariat to take measures to begin negotia- Ukrainian population, part of the ethno- tions on “the unification of all Ukrainian graphic Ukrainian Donschyna, Monte- lands into a single state” [9]. Three days negro and Kuban “[7]. Believing in a later, she adopted the First Provisional close perspective on the implementation Basic Law, initiating state formation on of the communist idea, they gave a sense a constitutional basis. The main task of of the immortal unity of Ukrainians state formation was the leaders of WUPR among intellectuals, the democratic wing considered an association with Naddni- of political parties, and the rapid devel- pranschina, the unity of the Ukrainian opment of dramatic political events in lands. Western Ukraine. In November 24, 1918 State Secre- On October 18, 1918, Ukrainian tariat of WUPR decided to start negotia- deputies of both chambers of the Aus- tions about uniting with the Directorate

№ 12/2020 29 Theory and history of state and law of the UPR, which headed the uprising final decision on this matter at the forth- against the Hetman’s regime. On Decem- coming All-Ukrainian Constituent As- ber 1, 1918 delegation of the Ukrainian sembly [8]. Before their convocation in National Rada of WUPR and Directorat, the WUPR, UP Council had the legisla- whose troops were attacking Kyiv, con- tive power, the State Secretariat had the ducted in Fastov the Pre-accession agree- executive power, an independent com- ment on the unification of 2 parts of mand of the Army was kept. The deci- Ukraine “into one indivisible state unit” sion of the UP Council was supported by [8]. It was assumed that the WUPR thousands of manifestations in many cit- would receive territorial autonomy, and ies of the region – in Drohobych, Terno- the “joint commission” will determine pil, Stryi, Zolochiv, Zhovkva, Kolomyia, the boundaries of this autonomy and the Kalush and others. Even the elections to detailed conditions of the unions of the the Central People’s Rada (Parlia- two republics. Thus, the real prospect of ment) of 100 deputies were held [8] the reunification of most of the Ukrai- Act Zluky had to be proclaimed in nian lands, mutual support and assistance Kyiv. In order to do this, to the capital, has become real. where the Directorate of the UPR already In the unifying movement, the Ukrai- had control, a delegation was sent from nians of Transcarpathia took an active representatives of Galicia, Bukovina and part. On the basis of the initiative of the Transcarpathia. public association “Ruska Narodna On January 22, 1919 on the deco- Rada”, a congress of delegates of its rated Sofia square of Kiev, in the pres- branches (about 500) was convened in ence of tens of thousands of people Budapest on December 10, most of member of the UN Council on behalf of whom were in favor of joining the region the western Ukrainians L. Bachinsky to Ukraine [10]. The same decision was congratulated people of Kyiv. State Sec- adopted by the Nationwide meeting in retary of the WUPR L. Tsegelsky sol- Khust on January 21, 1919. [8] The Hut- emnly unveiled the Council’s decision sul republic was even proclaimed in Hut- on the unification, powers of the Western sulschina, and a parliament of 42 depu- Ukrainian delegation and handed over ties was elected. However, the proclama- the documents to the Head of the Direc- tion of the Hungarian Soviet Republic in torate, V. Vinichenko who welcomed the March of the same year put an end to delegation of the brothers and accepted democratic processes in Ukraine [11]. the statement-decision of the Council. In January 3, 1919 in Stanislav at the The Universal of the Directory was read, meeting of Ukrainian People’s Council, in which it was proclaimed: “From now the Decree on the unification of the two parts of Ukraine, which for centuries WUPR and the UPC.was unanimously were separated, are joined – the Western- approved. By declaring their unification Ukrainian Republic (Galicia, Bukovina, unanimously “in one uniform, sovereign Hungarian Rus) and the Great Naddnip- People’s Republic” the Council made a ryanska Ukraine” [8; 12; 13; 14].

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Eternal dreams, for which the best uniting both parts of Ukraine was solved. sons of Ukraine lived and died, came The Labor Congress expressed protest true. “…From now there is the only in- on attempts against integrity, sovereign- dependent Ukrainian People’s Republic. ty and independence of Ukrainian Peo- From now Ukrainian people, liberated ple’s Republic. It proclaimed: “Ukrai- by the powerful impulse of their own nian people want to be neutral and in forces, have the opportunity by united, friendly relations with all other nations.” friendly efforts of all sons to build an and pointed out the threat from the side inseparable, independent Ukrainian state of “imperialists and Soviet Russia”. His- for the good and happiness of all of their torical Act Zluky was devoted to the an- labor people “[8]. This “holiday of uni- niversary of the proclamation of the UPR fication”, according to V. Vinichenko, Unity by the Fourth Universal. That is became a significant event in the history why in January 24, 1919 the Council of of the native state formation [4]. It was People’s Directors of Directorate decid- truly a majestic national holiday of re- ed to set in January 22 annual celebration union, the unity of the Ukrainian lands, of the Day of Unification of Ukraine. In which were for the long centuries uncov- such way, the unity of Ukrainian people ered by neighboring states. and its lands since Kievan Rus’ was pro- The next day, a session of the Con- claimed and consolidated. gress of Labor People of Ukraine, elect- Act Zluky clearly demonstrated the ed in January, was opened, and the West- impotence of attempts to separate Ukrai- ern Ukrainian delegation as a representa- nian nation, to turn parts of Ukraine tive from Western Ukraine participated against each other in the First World War, in the work [15]. The first question heard to force to serve alien purposes [16]. by the Congress was the question of However, further, tragic for Ukraine, unity. It approved the whole package of events and consequences of Second the unity documents by adopting the Act World War consolidated by the Treaty of of Association and the Universal “To the Versailles of 1919 for a long time de- Ukrainian People”. WUPR, in accor- layed actual process of uniting all Ukrai- dance with the Law “On the Form of nian lands. Another separating factor, Government in Ukraine”, became known which should be remembered, is func- as the Western Region of the UPR. The tioning of two systems of power in UPR Congress instructed the government to and WUPR. That is why in the most dif- prepare a draft electoral law for the fu- ficult moments of struggle against the ture national parliament of the indepen- invaders, representatives of both powers dent Ukrainian republic [8]. often could not understand each other, Conclusions give up own regional interests for the Therefore, the Congress as autho- benefit of all Ukraine. In such way, the rized representative body, “pre-parlia- history of Ukraine is instructive: it is the ment” embodies sovereign Ukraine. In constitutional duty of every citizen to this legal way, the historical problem of strive for unity, unanimity in relation to

№ 12/2020 31 Theory and history of state and law the Motherland, to protect it, especially, poration, the development of a legal, in the context of the war with foreign social, democratic state in Ukraine re- aggression. Historical experience warns quires the political and spiritual unity of that national interests are much more all citizens. important that interests of party or cor- References

1. About the events marking the 100th anniversary of the events of the Ukrainian Revolution of 1917-1921. Retrieved from http: //zakon.rada.gov.ua/laws/show/17/2016/print/sp:max100. 2. Doroshenko, D. (1969). My memories of the recent past (1914-1920). Munich: Ukrayinske vydavnytstvo. 3. Verstiuk, V. F. (1996). Ukrainian Central Rada. Documents and materials. Kyiv: Naukova Dumka. 4. Vinnychenko, V. (1920). Revival of the nation. Kyiv: Dzvin. 5. Grushevsky, M. (1991). On the threshold of a new Ukraine: Gadgets and dreams. Kyiv: Naukova Dumka. 6. Ivanov, Yu.O. (1932). Resolutions of the All-Ukrainian Congresses of the Soviets of Workers, Peasants and Red Army Deputies. Kharkiv: Proletarian. 7. Soldatenko, V. F., Verstyuk, V. F. (2003). Political History of Ukraine of the XX Century. Kyiv: Genesis. 8. Prilyuk, Yu., Yanevsky, D. (1992). Constitutional Acts of Ukraine. 1917-1920. In Unknown to the constitution of Ukraine. Kyiv: Filosofska i sotsiolohichna dumka. 9. Tishchik, B. I. (2003). Western Ukrainian People’s Republic (1918-1923). In History of state and law. Lviv: Triada plyus. 10. Kuras, I. F. (1999). Ukrainian catholicity: idea, experience, problems. (To the 80th anniversary of the Unification Act of January 22, 1919). Kyiv: IPiEND. 11. Sandor, V. (1992). Transcarpathia: historical and legal essay from the XI century. till 1920. New York: Carpathians Union Inc. 12. Mazepa, I. (1950). Ukraine in the fire and storm of the revolution of 1917-1921. Central Council – Hetmanate – Directory. Kyiv: Prometheus. 13. Kopylenko, O., Kopylenko, M. (1996). “Second” UPR: attempt of historical-theoretical analysis. Law of Ukraine, 8, 54-60. 14. Litvin, V. (2006). Unity of the Nation.Veche, 3-4, 34-39. 15. Hrushevsky, M. (1991). Who are Ukrainians and what they want. Kyiv: Znannya.

Published: Вісник Національної академії правових наук України. 2019. Т. 26. № 1. С. 166-174.

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