On June 28 Ukraine celebrates the state holiday – the Constitution Day of Ukraine. The same day 18 years ago the Verkhovna Rada of Ukraine adopted the first Constitution of the new independent Ukrainian state, new main law of the country.

The Constitution consolidated legal principles of the independent Ukraine, its sovereignty and territorial integrity. The Constitution contained the historical experience of the Ukrainian nation as well as the best world practices.

One of the most important pages in the history of the world constitutions belongs to Pylyp Orlyk elected as a Hetman of Ukraine in exile in the 18th century. «Pacts and Constitutions of Rights and Freedoms of the Zaporizhian Host» (1710), written by him, are considered to be the first Constitution of the Ukrainian state. In general Pylyp Orlyk’s Constitution was in keeping with the then trends of the European political thought development (especially, in consolidation of church’s independence from secular power), and in some aspects the «Pacts and Constitutions of Rights and Freedoms of the Zaporizhian Host» even passed ahead of the European political theory and practice giving preference to the principles of constitutionalism as compared to the idea of the state absolutism and harmony enforcement prevailing in Europe at that time.

The next important step of the state-building process in Ukraine was the adoption of the «Statute on the state government, rights and freedoms of the Ukrainian People’s Republic» (Constitution of the Ukrainian People’s Republic). The document was approved by the Central Rada of the Ukrainian People’s Republic on April 29, 1918. On November 13, 1918 the West Ukrainian People’s Republic (ZUNR) adopted the Temporary Constitution. But tragic events of that epoch prevented both documents from being properly implemented.

It’s worth mentioning that the Constitution of the Ukrainian People’s Republic was based on the democratic standards acknowledged nowadays as fundamental principles of state-building by the international community. The document declared the national sovereignty as a main source of state power. It also declared indivisibility of territory, cultural rights of the national minorities, local governing and the principle of separation of powers. It should be noticed that the Constitution defined all citizens’ equality regardless of age, religion, race and sex, consolidating basic rights and freedoms. Death penalty was canceled.

Taking into account such a rich constitutional heritage, creation of the new Constitution of our country has been started immediately after declaration of independence of Ukraine in 1991, involving the world’s best experts and local professionals. It was complited in 1996 when the Verkhovna Rada of Ukraine adopted the Constitution of Ukraine.

Long and difficult path of political self-determination proved immortal will of Ukrainian people to have its own statehood and to be sovereign among other free nations of Europe and the world.

Extremely significant is that the Constitution of Ukraine of 1996 not only incorporates key principles of statehood, democracy and fundamental rights and freedoms, but also determines Ukraine’s foreign policy as the one directed at ensuring its national interests and security by maintaining peaceful and mutually beneficial cooperation with the international community on the basis of universally recognized principles and norms of international law.

Adoption of the Constitution of Ukraine was a starting point of the new epoch in the history of our state. It contributed to the stabilization of social, political and economic situation in the country.

However, the development of the Ukrainian statehood has demonstrated the need for further improvement of the Basic Law of our country.

In 2003, Ukraine initiated a constitutional reform, which resulted in the adoption by the Verkhovna Rada of Ukraine on December 8, 2004 (403 votes in favor) the Law of Ukraine № 2222-IV «On Amendments to the Constitution of Ukraine», which expanded the powers of the Ukrainian parliament. However, on September 30, 2010, the Constitutional Court of Ukraine abolished the effect of this law.

Constitutional reform was renewed in February 2014. In particular, on February 22, 2014, the Verkhovna Rada of Ukraine adopted the Resolution «On the text of the Constitution of Ukraine in the version of June 28, 1996 with changes and supplements, made by the respective laws of Ukraine of December 8, 2004 No. 2222-IV, of February 1, 2011 No. 2952-VI and of September 19, 2013 No. 586-VII».

Today, constitutional reform is one of the cornerstones of the reform agenda in Ukraine and one of the priorities of the Ukrainian state. Working with the amendments to the Constitution is based on the rule of law, openness and transparency. The process of preparing amendments to the Constitution concerns primarily the decentralization of state power and significant empowerment of local communities.

At a meeting of the Government of Ukraine on April 1, 2014 was approved the Concept of reforming local government and territorial organization of power in Ukraine.

Implementing the concept is planned in two phases:

- Firstly (during 2014) is expected to complete the formation of legislation of local governments and authorities to the definition of powers, including the question of their resource provision;

- In the second (2015-2017) provides institutional reorganization of local government and local authorities and local elections on the basis adopted reforms.

The concept was previously agreed with all regional and city councils, Ukrainian and international experts and approved by the Council of Europe as a first step towards the reform of local government in Ukraine. The document meets with the principles of the European Charter of Local Self-Government.

Prior to October 1, 2014 will continue a broad public discussion of the organization and ensuring realization of which vested in the Deputy Prime Minister - Minister of Regional Development, Construction and Housing and Communal Services of Ukraine Mr. Vladymyr Groisman (draft amendments to the Constitution of Ukraine (concerning the decentralization of power) and the concept of local government reform and territorial organization of power in Ukraine posted on the website of the Ministry: http://minregion.gov.ua/koncepciya-reformuvannya-miscevogo-samovryaduvannya-ta-teritorialnoyi-organizaciyi-vladi-v-ukrayini-333230).

Key changes to the Constitution of Ukraine is concerning Section IX «Administrative division» and XI «Local Government». Also suggested some amendments to Chapter IV «Parliament of Ukraine», V «President of Ukraine» and VI «Cabinet of Ministers. Other executive power».

The adoption of appropriate amendments to the Constitution of Ukraine will ensure the creation of a proper legal framework for the approval of a number of legislative acts necessary for the implementation of the local government reform. Among them are a new Law «On Local Self-Government», «On local state representative», amendments to the Budget Code, as well as a number of laws that determine the distribution of powers between the executive authorities and local governments and their distribution among the different local government level.

 

 

June 27, 2014                                                                                                                                                                                                Embassy of Ukraine in Malaysia