President hopes new constitution will mark independence anniversary (05/19/96)

President hopes new constitution will mark independence anniversary

by Marta Kolomayets
Kyiv Press Bureau

KYIV - President Leonid Kuchma would like to celebrate Ukraine's fifth anniversary with a new constitution, Presidential Chief of Staff Dmytro Tabachnyk told foreign journalists at a press briefing on May 16.

The best way to adopt Ukraine's new constitution would be by referendum, he added, saying that a fundamental law adopted by a national referendum would have the highest level of legitimacy and ensure the participation of the majority of Ukraine's citizens in a process that would further underscore the country's political stability.

Although Mr. Tabachnyk made it clear that President Kuchma wants to see a new constitution adopted by August 24 - the fifth anniversary of Ukraine's independence - he did not specify an exact date for the referendum.

Political observers note that it would be prudent for Ukraine to adopt a new constitution before presidential elections in Russia, slated for June 16. Some national democratic deputies argue that a constitution must be in place in Ukraine, just in case of a victory by Gennadiy Zyuganov, the Communist candidate who now leads in the polls. The election of a Communist leader may well increase tensions in Ukrainian-Russian relations and could conceivably slow down reforms in Ukraine.

Also, analysts agree that if a referendum is not called by the end of June, it is unlikely that enough voters will come to the polls in Ukraine to endorse a constitution during the months of July and August, because most are out in the fields planting crops or vacationing at their dachas.

Mr. Tabachnyk told reporters that an ad hoc committee for finalizing the draft constitution, which has members representing all factions in the Parliament - only the Communists have refused to take part in the work - has completed 80 percent of the work on the new constitution. He characterized the process of compromise and consolidation as "sufficiently successful."

The ad hoc committee's chairman, Mykhailo Syrota (Center faction), told reporters on May 15 that 70 percent of the articles have been adopted by consensus, while about 15 percent of the articles have not gained the support of only one or two factions.

Oleksander Lavrynovych, who represents the Rukh faction on the ad hoc committee, told Interfax-Ukraine that the representatives of the Communist faction "are deliberately trying to impede the constitutional process, taking part only in meetings of procedure and then walking out of the important meetings."

[The ad hoc committee was formed on a proportional basis: two representatives of each faction and six representatives from the Communist faction, the largest in Parliament with 89 members.]

The presidential chief of staff, who served on the Constitutional Committee that drafted this document, took the opportunity on May 16 to criticize Parliament Chairman Oleksander Moroz, calling him one of the main obstacles to passing a new constitution.

"Nonetheless, we should see a completed finalized draft by Monday, May 20," Mr. Tabachnyk added. The draft will then be proposed to the Parliament for a vote.

President Kuchma told Interfax-Ukraine on May 13 that he is confident one draft constitution will be agreed upon soon and then submitted to a plebiscite.

There have been rumors from government circles that if the Parliament drags its feet on adopting the final version of the constitution, President Kuchma may just lose patience with the legislature and announce an all-Ukrainian referendum by the end of the month.

The final version of the constitution would then be published by major newspapers or in booklet form, so that Ukraine's citizens could get acquainted with the proposed fundamental law.

The referendum would then pose a simple yes or no question: "Do you want a constitution for Ukraine?"

To date, President Kuchma has had to make one major concession in the draft constitution. The original draft called for a bicameral legislature, made up of the House of Deputies and the Senate, but a majority of the Parliament opposed this option. Mr. Kuchma said that, for the sake of peace and stability, he agreed to a transitional unicameral Parliament for the next five years, adding a provision for a bicameral legislature after that period of time.

The Constitutional Accord signed between the president and the Parliament on June 8 of last year currently serves as Ukraine's petit constitution and will continue to be the law of the land until a new constitution is adopted.

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