“On June 28, 29 years since the Verkhovna Rada approved the Constitution of Ukraine. By the way, after the declaration of independence in 1991, our country, the longest of all the former Soviet republics, remained without its own constitution. The basic law, which laid the foundation for the development of Ukraine as a democratic state of European type, was only approved in 1996. The process of writing and reconciling the constitution was delayed, accompanied by conflicts”, – WRITE ON: ua.news
On June 28, 29 years since the Verkhovna Rada approved the Constitution of Ukraine. By the way, after the declaration of independence in 1991, our country, the longest of all the former Soviet republics, remained without its own constitution. The basic law, which laid the foundation for the development of Ukraine as a democratic state of European type, was only approved in 1996.
The process of writing and reconciling the Constitution was delayed, accompanied by conflicts and scandals. And this was obvious reasons: the country tried to take an evolutionary step from colonial status as part of the USSR to a sovereign democratic state. And the Soviet model of the economy had to be rebuilt into a market with the right of private property.
It was difficult to achieve unity in the vision of the state system because of diametrically opposite political views of the parties represented in parliament. The minority was deputies of the democratic wing, most of the left political parties, mostly communists.
The Constitution itself should be not only the constituent document, but also the basic law. According to its norms, the young country began to build all national legislation.
UA.News has already talked about the most contradictory episodes in the creation of the Constitution of Ukraine such as definition of autonomous status Crimea and distribution powers between parliament and the President.
Now let us focus on interesting facts and scandalous points of political confrontation when approving the Basic Law. By the way, the day of its adoption became the only state holiday recorded in the constitution itself.
President’s pressure and confrontation between patriotic forces and communists
The process of writing and approval of the Constitution lasted about 6 years since 1990. Its first version was proposed for a national discussion in 1992. However, the final text of the Basic Law, after many changes, was submitted to the Verkhovna Rada in March 1996. During the preparation for the second reading, about 6,000 amendments were introduced into the document, its adoption was delayed.
Presidential ultimatum: On June 26, 1996, Leonid Kuchma (then President of Ukraine) issued a decree holding an all -Ukrainian referendum on September 25, 1996 on the draft of the new Constitution. This was regarded as direct pressure on parliament and an attempt to “drag the blanket” in the constitutional process. It is believed that this ultimatum forced the Verkhovna Rada to accelerate work and approve the Constitution without a referendum so as not to lose influence.
“Constitutional Night” From June 27 to June 28, 1996 she became the longest in the history of Ukrainian parliamentarism. Almost a day, MP Michael Orphan, who is called the “father” of the Constitution, represented her articles from the rostrum of the Verkhovna Rada. He later told that the struggle was very grueling:
“There was a struggle for whether the Ukrainian state would be, will it be the course that the whole developed world is going? The most important issues of language related to symbolism, with the Autonomous Republic of Crimea, private property on land, remained. On June 27, when we came to the Verkhovna Rada at nine o’clock, we understood that, without leaving the Verkhovna Rada, we would complete the adoption of the Constitution, or that there would be no constitution in Ukraine. “
Former MP of Six Parliamentary Sigwards Yaroslav Kendzor He remembered :
“I saw with my own eyes, and it was recorded that representatives of the Communist Party and Social Party were created there as members of the Constitutional Commission. What absurd things they suggested to provoke some misunderstanding to run through all… Michael orphan withstood everything to the last. ”
According to participants in those events, deputies of the left political forces defended the Soviet norms of state government, realizing that the adoption of the new constitution could eliminate them from the ruling top and generally lead to the decline of communist ideology. Therefore, they tried to block the constitutional process as long as possible.
Much of the debate was held not only in the session hall, but also beyond its borders – in the sidelines, during intensive negotiations between factions and presidential representatives.
After all, after a 24 hour marathon, almost continuous work, the Basic Law was approved at 9:20 am on June 28, 1996 – 315 people’s deputies voted for “for”.
Subsequently, the international community approved the Constitution of Ukraine, calling it one of the most democratic in the world.
Key moments and scandals during the adoption of the Constitution
Fighting for authority: One of the most acute questions was Distribution of powers between the President and the Parliament. President Leonid Kuchma sought a strong presidential power, but instead the Verkhovna Rada, especially its left part, advocated a parliamentary-presidential republic. The adopted version of the Constitution was the result of a compromise, although with some predominance of presidential powers at that time.
There were also ideological and worldviews:
“God in the preamble”: One of the first debatable issues that raised fierce disputes was the mention of God in the preamble to the Constitution. This demonstrated the clash of secular and religious views in society.
“Ukrainian people” or “people of Ukraine”: This question, at first glance, seems purely linguistic, but it had a deep ideological implication. The “Ukrainian people” emphasized the ethnic aspect, while the “people of Ukraine” is a political nation of all citizens. In the end, the formulation “Ukrainian people – citizens of Ukraine of all nationalities” was chosen, which became a compromise.
State symbols: Although the coat of arms (trident) and the flag (blue-yellow) have already been approved earlier, the issue of their final constitutional consolidation, as well as the status of the Great State Emblem of Ukraine (which has not yet been finally approved) has caused significant discussions.
The status of Russian: The issue of language status has always been painful for Ukraine. The Constitution enshrined Ukrainian as the only state language, guaranteeing the free development, use and protection of Russian and other languages of national minorities, which was also the result of compromise.
The status of the Autonomous Republic of Crimea: This question was also extremely sensitive, Given the specifics of Crimea . The 1996 Constitution enshrined the status of ARC, but this provision later became a source of many problems.
Each of these problematic issues created working groups that reached consensus on FD Romulating these articles. Thus, the adoption of the Constitution of Ukraine was the result of rigid political struggle, complex compromises and enormous tension.
In the end, the adoption of the 1996 Constitution showed that Ukraine came out of the legal system of the USSR and made a choice in favor of a democratic and European future.
Constitution and restriction of rights during the war
The full -scale war has become a serious challenge to the functioning of the Basic Law, some of which are perceived quite differently than in peacetime. In the context of martial law or emergency, the Constitution of Ukraine cannot be changed. But other issues raised.
For example, according to Article 64 in the context of martial law or state of emergency, individual restrictions of rights and freedoms may be imposed, indicating the term of these restrictions. “Human and Citizen’s rights and freedoms cannot be restricted except in cases provided for in the Constitution of Ukraine”, – explained in the text of the article.
The basic law also stipulates that the defense of the state, its independence and territorial integrity is a duty of citizens.
At the same time, the constitution contains a list of rights that cannot be restricted even during martial law. It is the right to life, respect for dignity, legal assistance, inviolability, presumption of innocence and other rights.
Another important point in the Constitution – the change of the territory of Ukraine is possible only through the All -Ukrainian referendum. However, such will, as well as elections, is prohibited during martial law. In particular, Article 83, paragraph 4, directly prohibits the termination of parliament and automatically continues to elect a new convocation after the war.
“Any changes to legislation aimed at making elections during the war formally” legitimate “will contradict the Constitution’s spirit and international standards”, – such conclusions made in a common statement More than 100 NGOs of Ukraine.
Read also:
Constitution of Ukraine: the struggle for the distribution of authority between the President and the Parliament
Constitution of Ukraine and The status of Crimea : As the Peninsula became autonomy