Kennan Institute seminar examines legal and judicial reform in Ukraine (02/16/97)

Kennan Institute seminar examines legal and judicial reform in Ukraine

by Volodymyr Chornodolsky
Ukrainian National Information Service

WASHINGTON - The Kennan Institute for Advanced Russian Studies and the International Foundation for Electoral Systems (IFES) co-sponsored a seminar on January 9 on "Legal and Judicial Reform in Ukraine." Many business and policy officials see the reform of Ukraine's legal system and the establishment of a stable judicial branch as integral to investment and development.

Participants from Ukraine included: Vitalii Boyko, chairman of the Supreme Court of Ukraine; National Deputy Volodymyr Stretovych, who chairs the Verkhovna Rada Committee on Law Policy and Legal and Judicial Reform; National Deputy Oleksander Lavrynovych, deputy chair of the Verkhovna Rada Committee on Law Policy and Legal and Judicial Reform; and National Deputy Viktor Shyshkin, chair of the Subcommittee in the Verkhovna Rada on Law Policy and Legal and Judicial Reform.

Judge Bohdan Futey of the U.S. Court of Federal Claims introduced the guest speakers and presented background information on reforms in commercial law, the Constitution and various legal matters. "With the adoption of its Constitution," stated Judge Futey, "Ukraine has established its fundamental law, further established its statehood, and provided a fitting tribute for the fifth anniversary of Ukraine's independence."

In democracies, the constitution is a compromise between various factions. Ukraine was one of the last countries of the former Soviet Union (FSU) to ratify a new constitution. Many issues currently remain unresolved and await the enactment of subsequent enabling legislation. Matters such as the election of national deputies, acquisition of and selling property, habeas corpus rights, standards for political asylum, the right to trial by jury and other issues represent the strength of the Constitution and, according to Judge Futey, "the ensuing legislation will make it a legal reality for the citizens of Ukraine."

Mr. Stretovych commented on the reform process in Ukraine and the freedoms of conscience and creed, as well as the protection of national minorities that have been secured since the ratification of the Constitution. Immediately following Ukraine's Declaration of Independence, Mr. Stretovych noted that leftist factions posed a threat to the reform process and therefore, no real opportunity ever existed to pass a genuine Constitution. Mr. Stretovych further commented: "Legal reform is not so straight forward. It must be understood in the context of where Ukraine has come, where it presently is, and where it will go." Even before the Constitution was formally adopted by the Ukrainian Parliament, Mr. Stretovych commended the peaceful transition of power in both the executive and legislative branches following the 1994 elections.

Ukrainian Supreme Court Chairman Boyko also emphasized the need to strengthen the judicial branch within Ukraine. It is vital to change the view of the courts as an instrument of the once-monolithic regime to an instrument designed to protect citizens from the perils that exist within all aspects of society, he said. Draft documents of modified Civil and Criminal Codes have been prepared and are ready for adoption by the Parliament of Ukraine.

National Deputies Lavrynovych and Shyshkin examined the progress made since the ratification of the Constitution, as well as the history of legal reform in Ukraine. The previous Constitution of the Ukrainian SSR, adopted in 1978, proclaimed the Communist Party as the only legal party in the FSU. Ukraine, in its bid for independence, abolished this article (Article VI) in 1990, which led to the proviso that members of the court system may not be affiliated with any political party.

With regard to the Constitution, several problems need to be addressed. Several articles within the Constitution contradict one another, and other articles are subject to change with the passage of legislation at a latter date. When these contradicitions are resolved, when a bankruptcy court is established and when a solid commercial law code is enacted, Ukraine's potential to attract foreign investment will greatly increase.

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