FOR THE RECORD: First anniversary of the adoption of the Constitution of Ukraine (06/29/97)

FOR THE RECORD

First anniversary of the adoption of the Constitution of Ukraine

Following is the text of a press release issued on June 19 by the Embassies of Ukraine in the United States and Canada on the occasion of the first anniversary of the adoption of the Constitution of Ukraine.

Just five years ago, the idea of political independence for the states created after the collapse of the USSR was taken seriously by few people in Europe and the world. For many this new state of affairs seemed to be only temporary. Such inertia of world public opinion was based on the well-established stereotype regarding the might of the former USSR.

The existence of a new political landscape in Europe was in many ways connected with the course of events in Ukraine. Would Ukraine be able to preserve its independence, or would it once again fall into a state of dependency and retain only the outward symbols of sovereignty?

Time has convincingly shown that the processes that began with the downfall of the USSR have become irreversible. This irreversibility has been firmly safeguarded by the existence of an independent Ukrainian state.

One of the main factors that changed the attitude of the world community towards Ukraine was the adoption of the Constitution of Ukraine on June 28, 1996. The world praised not only the content of the fundamental law of Ukraine, which fully conforms to the standards of contemporary European democracy, but also the nature of the constitutional process itself. The circumstances surrounding the adoption of the constitution were more of an exception than the rule for the CIS countries, where new fundamental laws were adopted as a result of events that were more reminiscent of revolutionary measures than methods of evolutionary reform.

In Ukraine, the Constitution was adopted only after comprehensive and extended proceedings, and this endowed the Constitution with complete legitimacy. A year has passed since the Constitution of Ukraine was adopted.

Of course, historical conclusions cannot be drawn on the basis of this brief period and it is too early, therefore, to summarize the influence of the Constitution on the development of Ukrainian society and Ukrainian statehood, and on its role in shaping the foreign policy of our nation. Yet, today we can affirm that the Constitution has become a solid foundation on which Ukraine can build its traditions of democratic principles of state and social structure that will allow Ukraine to take its rightful place among the established European democracies in the near future.

Both in spirit and in letter, the Constitution is designed to unify Ukrainian society on the basis of democratic principles, which were sorely lacking and which are so essential during the complex transitional period from totalitarianism to democracy and from an administrative-command economy to a market-oriented one. The Constitution of Ukraine created the conditions essential for developing in Ukrainian society values that are based on unwavering support for human rights and liberties, democracy and commitment to the national interest.

At the same time, the Constitution of Ukraine established fundamental principles that will guide the foreign policy of our nation. The Constitution was adopted in compliance with all procedural rules. Members of Parliament voted on each article conscientiously and responsibly, weighing each word and even letter. As a result, the fundamental law of Ukraine came to embody the interests of all segments of Ukrainian society and has become a reliable guarantor of the rule of law and democratic principles.

It affirmed the territorial integrity and inviolability of Ukraine's borders. One of the priorities of our foreign policy is to secure official recognition of our nation's borders. Today, after Ukraine's signing of far-reaching agreements with Russia and Romania, this matter can be considered to be settled.

The Constitution of Ukraine affirmed Ukraine's adherence to the standards and principles of international law and to the mandatory fulfillment of the obligations it has assumed, especially because the signed and ratified international treaties were formulated to be in compliance with national laws.

It significantly broadened the possibilities for finding the most effective mechanisms to ensure Ukraine's national security. If the Declaration of State Sovereignty had previously stipulated the non-aligned status of our country, then the current Constitution does not close any doors for Ukraine to either create or to join existing security organizations.

The Constitution of Ukraine conclusively resolved issues, which until recently had been posed to Ukraine as subjects for negotiation by certain countries, primarily those of the CIS. These questions included, among others, the issue of so-called dual citizenship, which the Constitution of Ukraine banned by direct force of law.

The fundamental law of Ukraine gave a clear and unambiguous answer to one of Ukraine's problems - it forbids the location on Ukrainian soil of military bases of other countries. A realistic mechanism for implementing this law was provided, however, in the Transitional Provisions.

The Constitution of Ukraine presented a clearly formulated list of exclusive properties of the Ukrainian people that require the Ukrainian state to take resolute action in order to ensure the return to Ukraine of cultural and other valuables, that during the course of centuries had been removed from the territory of our homeland by unlawful and criminal means. By virtue of direct force of law, the Constitution of Ukraine obligated state authorities to care for the national, cultural and linguistic interests of émigrés from Ukraine who are citizens of other countries.

Today it can be said with certainty that it was precisely the adoption of the Constitution that allowed Ukraine to achieve a breakthrough in resolving nearly all the acute foreign policy problems that our country faced from the very moment of its rebirth as an independent state.

The signing of the following agreements bears testimony to this fact: the Border-Line Agreement between Belarus and Ukraine, the Statement on Accord and Unity - a joint declaration by the presidents of Ukraine and Poland, the Treaty on Friendship, Cooperation and Partnership between Ukraine and the Russian Federation, as well as a series of Black Sea Fleet Agreements between the two countries, the Treaty on Neighborly Relations and Cooperation between Ukraine and Romania, as well as the conclusion of the Charter on Distinctive Partnership between NATO and Ukraine.

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