Ukraine's Parliament endorses draft constitution in first reading (06/09/96)

Ukraine's Parliament endorses draft constitution in first reading

by Natalia A. Feduschak
Special to The Ukrainian Weekly

KYIV - After months of political stalemate, a majority of Ukraine's Parliament on June 4 finally endorsed the country's draft constitution in its first reading. But government officials warned that a national referendum is possible because it is doubtful the document will muster enough votes to ensure a constitutional majority - 301 votes - in the current legislature.

By a 258-101 margin, lawmakers in Parliament voted to approve the draft constitution in its first reading. They are scheduled to review additions and revisions to the document in a second reading on June 19.

Right-wing and centrist lawmakers welcomed the vote, calling it a victory for Ukraine and President Leonid Kuchma. "This is a major step in the life of the Ukrainian state," Volodymyr Stretovych, chairman of the Parliament's Committee for Legal Policy and Legal-Judicial Reform, told Interfax-Ukraine.

For months, President Kuchma has tried to push through a draft constitution, but has consistently run into opposition from left-wing lawmakers who have demanded a Socialist-oriented constitution, reminiscent of the Communistera, which would give collective rights precedence over those of the individual and guarantee housing, work and social welfare.

Under the approved draft constitution, however, individual rights are the centerpiece of Ukraine's fundamental law. For the first time in nearly eight decades, citizens also have the right to private land ownership. And although the document uses language similar to the Ukrainian SSR's 1978 Constitution by stating that citizens have the right to work, housing and social welfare, observers here note it is questionable how enforceable these rights are in post-Soviet Ukraine.

At a June 5 press conference, Dmytro Tabachnyk, head of the presidential administration, welcomed the result of the previous day's vote, noting it was "evidence of a positive trend" within political circles and the result of "a wish for constructive cooperation between representatives of various associations and branches of power."

But he warned the vote also showed that left-wing lawmakers had enough votes to block passage of the draft constitution in its second reading. In order for the draft constitution to become law, it must pass with a constitutional majority. Should the document fail to receive the necessary votes, it is likely it will be taken directly to the citizens of Ukraine for endorsement, Mr. Tabachnyk suggested.

Mr. Kuchma has the right to call a plebiscite under the constitutional agreement eutered into by the president and Parliament last June. The accord, which is, in effect, a petit constitution, will remain in effect until Ukraine adopts a new constitution.

Under the draft constitution, among the Parliament's responsibilities are to pass the budget and ensure its realization, vote on the president's nomination for prime minister, approve the Cabinet of Ministers' annual plan of action, approve grants and aid to be received by Ukraine from international donor organizations and foreign governments, decide the general structure and size of the country's armed forces, and hire and fire the head of the central bank. The Parliament retains its current number of 450 deputies and changes its name from the Verkhovna Rada (Supreme Council) to Narodna Rada (People's Council).

The president retains his role as head of state and commander-in-chief. He also appoints the government suggested by the prime minister and selects half of the leadership of the central bank.

The draft constitution also notes that Ukraine is a unitary state, and it guarantees human rights and freedom of speech, religion and language. However, it notes that such rights can be limited in cases when national security is at stake.

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