Ukrainian American Bar Association celebrates 20th anniversary (01/04/98)

Ukrainian American Bar Association celebrates 20th anniversary

by Bohdanna Pochoday

WASHINGTON - The Ukrainian American Bar Association (UABA) held its annual fall meeting and commemorated 20 years of its existence here during the weekend of November 14-15, 1997. The four-part anniversary program was attended by approximately one-sixth of known lawyers and law students of Ukrainian descent from throughout the United States, as well as fellow jurists from Canada and Ukraine, and members of the Ukrainian diplomatic corps.

Ukraine's ambassador to the U.S., Dr. Yuri Shcherbak, greeted the UABA and its guests in the historic Georgetown home of the Embassy on the occasion of the UABA's 20th anniversary. The ambassador noted the UABA's efforts on behalf of Ukrainian dissidents and its involvement in other issues over the years.

In addition to UABA members attending the reception, there was a delegation of 20 jurists from Ukraine and its Constitutional Court, as well as a group of local Washingtonians, including Michael Sawkiw Jr., director of Ukrainian National Information Service; George Masiuk, president of The Washington Group (TWG); and Dr. Roman Goy, who represented the Ukrainian Medical Association of North America and the World Federation of Ukrainian Medical Associations.

At the UABA's request, the Embassy staff prepared a wonderful buffet of "zakusky" served in the Embassy's lower-level reception room. Afterwards, UABA members and their guests retreated to the UABA hospitality suite at the Key Bridge Marriott Hotel, just over the bridge from the Embassy, for further camaraderie and reminiscing.

The UABA's all-day conference, held on Saturday, November 15, at the Key Bridge Marriott Hotel, commenced at 9 a.m. The conference addressed both internal and external issues affecting the UABA.

The morning session included introductory comments by Bohdanna Pochoday, president of the UABA, and a financial report by Bohdan Ozaruk, UABA treasurer. A UABA Scholarship Fund report was presented by Andre Michniak, and Bohdan Shandor, co-chairmen of the UABA Scholarship Fund Inc., a separate IRC 501(c)(3) non-profit corporation.

The present goal of the UABA Scholarship Fund is to provide scholarships to needy and qualified jurists from Ukraine who come to the United States for graduate law studies. In the past U.S. law students received such aid. However, after Ukraine's independence, the primary focus was changed to help Ukrainian, English-speaking law graduates complete their law studies in the U.S. These scholarship recipients are requested to return to Ukraine upon the completion of their studies, where it is hoped they will use their newly acquired knowledge to help Ukraine in its process of legal and commercial reform. It is anticipated that in the future, upon accumulation of adequate funds, both Ukrainian American and Ukrainian law students could be assisted by the fund.

The issue of an agreed-upon name for the UABA in the Ukrainian language was raised by Ms. Pochoday in view of the confusion that has developed over the years in diaspora organizations, as well as in Ukraine itself. After some discussion and the appointment of a committee comprising Ulana Baransky, Wolodymyr Bazarko, Walter Lupan and Victor Rud from the U.S., and Danylo Kordelchouk and Ihor Shevchenko of Ukraine, the conference agreed to utilize the committee's proposed name: "Asotsiatsia Ukrainskykh Pravynykiv Ameryky" in future situations requiring identification in the Ukrainian language. A logo for the UABA will be worked on for future approval.

In addition, upon earlier proposals made by UABA members, the conference agreed to provide retired UABA members a 50 percent discount on their annual membership dues, and to consider the reduction of dues in special circumstances on a case-by-case basis.

During the later part of the morning session, Richard Rezie, a second-year law student from Case Western University School of Law, made some suggestions as to how law students could obtain information about the UABA. Vyacheslav Bihun, a jurist from Ukraine enrolled in the master's law program at the University of Connecticut and a former president of the Ukrainian Law Students Association, also greeted the attendants.

The final presentation before the lunch break consisted of an interesting and absorbing hands-on Internet presentation by Myroslaw Smorodsky, a former UABA president who administers the UABA web page, and a computer presentation by UABA Secretary George Pazuniak, focusing on practical use. Mr. Smorodsky demonstrated how the Internet offers a wealth of information to the Ukrainian American community in general, as well as to attorneys seeking information about Ukrainian legal sources. Mr. Pazuniak provided an 18-page booklet with citations to legal databases, search engines, and addressed the issues of video animation, coding and imaging, ABA and other sources providing links to legal research and information resources on the Internet.

During a formal luncheon UABA President Pochoday awarded certificates of recognition to each of the past UABA presidents, namely: Victor Borowsky (1977-1978), Myroslaw Smorodsky (1978-1979), Taras Modny (1979-1980), Ihor Rakowsky (1980-1981), Bohdan E. Porytko (1981-1982), Bohdan Shandor (1982-1983), Bohdan Futey (1983-1986), Taras Gawryk (1986-1988), Andrew Fylypovych (1988-1990); Mr. Smorodsky (1990-1993), Walter M. Lupan (1993-1995), Orest A. Jejna (1995-1997).

The current UABA president was presented a beautiful bandura, with the emblem of Lviv (lion), by Danylo Kourdelchouk on behalf of the International Bar Association of Ukraine ("Iniurkolegia") on the occasion of the UABA's 20th anniversary.

Ms. Pochoday then introduced the luncheon's keynote speaker, Carlos Pascual, director for Russian, Ukrainian and Eurasian Affairs at the U.S. National Security Council. Mr. Pascual, who has traveled to and is quite knowledgeable about Ukraine, presented a very supportive and cooperative position towards the legal, economic and democratic growth of Ukraine, stating that it is in everyone's interest to see Ukraine prosper.

Mr. Pascual stated that Ukraine must undertake a program of reduced spending and focus on expanding privatization efforts, provide a forum for investors to resolve commercial disputes and enforce commercial agreements, and take measures for macroeconomic stability within Ukraine. Notwithstanding continued U.S. assistance to Ukraine, Mr. Pascual said that Ukraine must stay on a clear course of reform, despite the roadblocks that may be laid as a result of the impending parliamentary elections and the presidential campaign.

The conference resumed after the luncheon with a discussion of a proposed commercial law project for Ukraine. UABA member Askold Lozynskyj, who is president of the Ukrainian Congress Committee of America (UCCA), along with James Huntwork of Arizona and UABA Vice-President Petro Piddoubny, briefed the audience on the need for support, and the possibilities of obtaining a USAID grant for a commercial law project under the auspices of the UCCA.

Stating that is no comprehensive system of commercial law in Ukraine, the panel underscored that the UABA's support, and legal assistance for such a project is indispensable. UABA members were asked to provide assistance both in terms of lobbying their congressional representatives and lending their expertise to the project. Sitting in the audience was Patricia Liefert, a representative of the U.S. Agency for International Development, who was able to address some questions posed by members of the audience.

"UABA: Quo Vadis?"

What some regarded as the main focus of the meeting - a panel discussion on the topic "UABA: Quo Vadis" - was shortened due to time constraints. As expected, many struggled with the questions raised: the future of the UABA, the purposes of the association, the needs of the diaspora, the original mission of the UABA, and what had changed. Former UABA President Lupan moderated the afternoon panel, which commenced with a historical perspective. A brief retrospect into the motivation and objectives of the founders of the UABA was provided by Mr. Rud, a member of the initiative committee that organized the conference at which the UABA was established, and Mr. Bazarko, the first UABA vice-president.

A synopsis of the UABA's history over the period of 20 years was presented by two former UABA presidents, Messrs. Smorodsky and Fylypovych. Mr. Smorodsky commented that many of the driving issues in the 1970s and 1980s - political repression in the former Soviet union, attacks on the Ukrainian American community in connection with denaturalization and deportation proceedings initiated by the Office of Special Investigations, and the absence of the word "Ukraine" from the U.S. government lexicon - are now either irrelevant or largely in the past.

Thereafter, Ihor Bardyn, a barrister practicing in Toronto, discussed some parallels in organizational problems applicable to both the Canadian Professional and Businesspersons Association and the UABA, and suggested some changes and approaches to improve the association. Mr. Bardyn expressed the view that Ukrainian Americans and Ukrainian Canadians had much to learn from the most recent book by author and law professor Alan Dershowitz titled "The Vanishing American Jew." Noting that just as anti-Semitism was becoming a less potent factor binding American Jews, he said Ukrainians in the diaspora no longer have anti-communism to cement their ties.

With the demise of the Soviet Union, Mr. Bardyn suggested that Ukrainians need to redefine themselves and their mission. Noting a recent scandal involving a Ukrainian official in Canada, Mr. Bardyn stated that the Canadian Ukrainian Ps & Bs have decided to concentrate on affairs in Canada. Mr. Bardyn spoke harshly of the current generation in Ukraine. He opined that Americans and Canadians of Ukrainian descent should assist Ukraine by helping to shape the values of the next generation of Ukrainians.

Mr. Jejna of Arizona, raised some contemporary problems within the UABA, the need to find ways of attracting additional members, and increasing attendance at meetings, member participation and input into the UABA. The moderator, Mr. Lupan, expressed his frustration with getting things done, saying that all sorts of projects and committees were being proposed, but only a few people carry out the work. Other speakers, however, noted that, as a percentage of its membership, UABA members are more active than comparable American bar associations, including the powerful American Bar Association.

Unfortunately, due to time limitations, there was insufficient time to discuss in any detailed manner the UABA's future objectives and goals, and its relationship with other organizations, with the Ukrainian diaspora and Ukraine. Ms. Pochoday, Mr. Michniak and Mr. Shandor summarily addressed the issues. Mr. Shandor commented that the Ukrainian Institute of America in New York had to contend with many of the same issues and was able to make progress in attempting to determine the nature of the community it now serves. He described some ideas that worked for the UIA, and suggested that they may be utilized to some degree by the UABA.

The gala dinner-dance was held that evening at the sophisticated Metropolitan Club of Washington, made available to the UABA through the courtesy of its member, Michael Waris Jr. The private Metropolitan Club, with mahogany wood paneling and gilded ceilings, tables elegantly decorated with large pink rose centerpieces and delicately bowed dinner programs and menus was a most-fitting location for the 20th anniversary evening celebrations.

During the cocktail hour, the attending UABA officers: Ms. Pochoday (president), Mr. Ozaruk (treasurer), George Pazuniak (secretary), and the members of the board of governors, Mr. Jejna (chairman), Tanya K. Karpiak, Hilary Kinal and Mr. Michniak, greeted and escorted the honored Ukrainian guests, namely: Foreign Affairs Minister of Ukraine and President of the 52nd session of the General Assembly of the United Nations Hennadii Udovenko and his wife, Dina; Ambassador to the U.S., Dr. Yuri Scherbak and his wife, Maria; and Consul General of New York Viktor Kryzhanivsky.

UABA President Pochoday commenced the dinner with "The Lord's Prayer," greeted special guests and provided a brief overview of the activities of the UABA over its first 20 years and its aspirations for the future.

Some of the greetings received by the UABA were then read, including messages from: the Ukrainian Legal Foundation, Ukrainian International Bar Association, Ukrainian Notary Chamber and Association of Ukrainian Advocates, all in Ukraine; The Washington Group, Ukrainian Engineers' Society of America and the U.S.-Ukraine Foundation. An oral greeting was presented later that evening by Dr. Goy on behalf of the Ukrainian Medical Association of North America (UMANA) and the World Federation of Medical Associations (WFUMA).

The keynote speaker, Minister Udovenko, was introduced by Ms. Pochoday, who noted that he is a career diplomat who joined the Ministry of Foreign Affairs of Ukraine in 1959. Mr. Udovenko served in numerous capacities at the U.N. in New York and in Geneva. He was Ukraine's ambassador to Poland in 1992-1994 and was appointed as minister of foreign affairs of Ukraine in 1994.

On September 16, Minister Udovenko was unanimously elected president of the 52nd Session of the United Nations General Assembly, replacing Razali Ismail of Malaysia. In this capacity he oversees the work of six permanent committees of the General Assembly and the assembly body of 185 representatives of U.N. member-states.

Ms. Pochoday noted that this is a critical time for the minister to serve as president of the General Assembly and underlined that Minister Udovenko's election was not only an honor for him personally, but also for Ukraine.

Minister Udovenko expressed his congratulations on the occasion of the UABA's 20th anniversary. He noted that the organization's efforts were "essential in the process of developing of a truly democratic society in Ukraine, in particular, independent Ukraine in creating its independent judiciary, drafting a new Constitution and starting comprehensive legal and economic reform."

In his address Minister Udovenko concentrated on three issues: the place and role of the United Nations in international affairs, the situation in Ukraine and some aspects of Ukrainian-American cooperation. Notably, he criticized the U.S. Congress over the recent failure to act on U.S. membership dues to the United Nations and warned that this failure threatens the U.N.'s future work.

Minister Udovenko highlighted some steps taken by Ukraine in the aftermath of its independence, including the adoption of the Ukrainian Constitution, its record on human rights, the development of political and party systems, the rapid growth of public and professional organizations, the renaissance in organized religion, the removal of nuclear armaments from its territory, membership in the Council of Europe and the establishment of a special partnership with NATO. Minister Udovenko stressed that "the process of democratic and economic reform in Ukraine is irreversible."

Ukraine "will continue to focus attention on issues that can help improve the investment climate in Ukraine, combat corruption and improve public administration. ... We are also determined to make the privatization process in Ukraine a success story," he said. The audience was reminded that Ukraine is still a young country of only six years, and that Ukraine is quite aware that it faces serious problems and challenges. But it also has "the will, the heart and the great talents of the Ukrainian people," emphasized Minister Udovenko.

The dynamic nature of U.S.-Ukraine relations was also mentioned by the minister, who noted that the key to this bilateral relationship is the recognition that "a free, independent and sovereign Ukraine, its security and prosperity, are matters of high importance to the United States of America."

At the conclusion of Minister Udovenko's address, Ms. Pochoday extended the UABA's best wishes for a successful and fruitful term as president of the 52nd Session of the General Assembly and presented Mr. Udovenko with a bronzed statute of the Lady of Blind Justice holding the scales, in recognition and appreciation of his achievements, and as a gentle reminder that blind justice and fairness are the keystones to democratic decision-making.

The awards portion of the evening program ended on an emotional note. On behalf of the UABA and the UABA Scholarship Fund Inc., Ms. Pochoday conferred a posthumous award recognizing the achievements of longtime UABA member, former officer and director Ivan Shandor, who was killed in an accident in April of 1997. Accepting the award for the family was Ivan's brother, Bohdan Shandor, who tearfully reminisced that many of his fondest memories were of attending UABA meetings with Ivan.

Upon the conclusion of the formal portion of the evening program, the guests danced to the tunes of the popular Ukrainian orchestra Tempo.

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The UABA is now preparing for its meeting in the spring of 1998, as well as the fourth World Congress of Ukrainian Jurists (a federation of Ukrainian jurists from throughout the world), which is scheduled to take place in the fall of 1998 in Ukraine. Anyone wishing to contact the UABA and/or apply for membership may call 1-888-UABA-LAW (toll-free in the U.S.) or (973) 635-3167; write to UABA President Bohdanna Pochoday, 4-G Avon Court, Chatham, NJ 07928-1765; or may visit the UABA homepage at http://www.brama.com/uaba

Historical background of the UABA