EDITORIAL

Constitution Day

One year ago, following a marathon session that stretched into the night of June 27-28, the national deputies in Ukraine's Verkhovna Rada succeeded, finally, in adopting the independent state's first Constitution.

The historic act came less than two months before Ukraine was to mark the fifth anniversary of its proclamation of independence. Just a week earlier, national democratic deputies had said they had little hope this Verkhovna Rada could adopt a new Constitution, and there was talk that President Leonid Kuchma might be forced to try his hand at having the new fundamental law approved via national referendum. Indeed, most observers credit the president with nudging the Parliament into action as he decreed on June 27 that a national referendum would be held. Determined to show that they were not superfluous in this process, the deputies vowed they would pass the Constitution; they did so, working non-stop on June 27 through the morning of June 28.

Afterwards, President Kuchma thanked the deputies for their efforts during the laborious process and asked them to accept his apology "for stimulating this process in perhaps not the most conventional way." "But," he added, "this last event proved that we, in a critical moment, are worthy of being called the representatives of the Ukrainian people." Chairman Moroz later responded with gratitude to the president "for his constant and perhaps at times somewhat original participation in the constitutional process." (Both comments drew laughter and applause in the Parliament.)

But, the new fundamental law was historic not only because of the way it was passed, or the timing of its adoption, but also because of its contents. Its provisions were designed to turn Ukraine into a democratic, law-governed state and to build a new post-Soviet social order in which an individual's rights are paramount. It guaranteed human rights and liberties, established a Western-style judicial system, provided for separation of powers between branches of government, enshrined the right to private property, and laid a foundation for Ukraine's foreign policy. But it was merely the framework for the transformation that was to come.

After the Constitution was adopted, Mr. Moroz offered: "The strength of this Constitution is the fact that it created a precedent of unity in the Verkhovna Rada, which I hope will be a lasting factor in the work of the legislature." Unfortunately, the unity engendered by the Constitution's adoption was not evident when it came time to implement it (deputies passed the Constitution and voted to have it become effective immediately, then turned around and said its provisions did not apply to them because they had been elected before the fundamental law was adopted), or to pass laws to bring its provisions to life. It seems members of Parliament did not take to heart former President-cum-National Deputy Leonid Kravchuk's words: "Now our main goal is to learn to live with this Constitution."

The past year has been marked by continued squabbling in the Parliament and by endless stalling on crucial pieces of legislation. To be blunt: a lot of precious time has been wasted. If indeed the national deputies in the Verkhovna Rada deserve to be called the Ukrainian nation's representatives (as President Kuchma said one year ago), then they must act decisively to pass the laws needed to uphold the Constitution, and they themselves must act in accordance with the Constitution, thus serving as an example for their constituents.

That is why we strongly concur with President Kuchma who this week suggested that the first anniversary of the Constitution of Ukraine should be marked in "a working atmosphere."

Perhaps the first sign of that "working atmosphere" was the sacking of Prime Minister Pavlo Lazarenko, ostensibly for health reasons. Perhaps this is the beginning of a no-nonsense approach in Ukraine toward reform on all fronts. If that is the case, the prime minister's removal may improve not only his health, but Ukraine's as well.

Copyright © The Ukrainian Weekly, June 22, 1997, No. 25, Vol. LXV

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