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DIALOGUE

10 years of Ukrainian Constitution: from “one of the best in Europe” to legal chaos

Unfortunately, the anniversary of Constitution is not perceived in Ukraine as celebration democracy. Adopted a decade ago the Constitution has never become a full-fledged social agreement which regulates legal relationship between society and power and is mandatory for all high contracting parties.
Expert opinions
“One third of Ukrainian Constitution is absolutely declarative”
Vsevolod Rechytsky, Senior Lecturer of the Chair of Constitutional Law of the Yaroslav the Wise National Juridical Academy of Ukraine (Kharkiv)
We failed to combat the mass-scale poverty, and had but to go back to a kind of voting qualification, when the fate of the country is determined by proprietors.

The New Constitution will give the population only that which the latter can take
Kost Bondarenko, Head of Gorshenin Institute of the Problems of Control
In Ukraine neither society nor politics took interest in each other. Ukraine as a state and Ukraine as a country are ever more antagonizing each other. The only way out is the development of local self-government, various forms of civil activities; however all these intermediaries between these two Ukraines is nothing but embryos now. And it seems to me that the new power is going after such radical remedy, as political abortion.

The Constitution is a political body of a state, and it must have its own organs
Vadym Karasiov, Director of the Institute of Global Strategies
Our constitution has been functioning as a set of rules of a political game, but not as a document determining the constitutional structure which unites society by a value system and common understanding of statehood.

“Constitution-1996 was too good for unsteady Ukrainian democracy”
Maxym Strikha, Doctor of Physical and Mathematical Sciences, Director of scientific programs of the Institute of Open Policy
The Law passed on December 8, 2004, as ideologically correct, as it might be for guiding Ukraine, is faulty juridically as it leaves more than a few questions unsettled that may result in the dangerous vacuum of power which is partially a case now.

“Ukraine is on the verge of a state crisis”
Kostiantyn Matviyenko, Gardarika Corp.
For the last time Ukraine was re-founded, when we passed on from the UkrSSR to independent Ukraine. We face the same problem again; however, this time it is difficult to tackle on the basis of this Constitution. Therefore, we should do our best to make the passage legal and bloodless.

Constitution of Ukraine: Birth Injury
Olexandr Muchnyk, President of the Institute of Democracy and Human Rights, Honored Lawyer of Ukraine
The basic parts of the Constitution of Ukraine, sections 1 and 2, have not stricken root at home, i.e. they are sham. Unfortunately, the Constitution is only a declaration now.

“We need to ax the President's control of executive power”
Denys Kovryzhenko, expert at the Legislative Initiatives Laboratory
If we shape a course for the parliamentary republic, we should be steadfast and the president should have but a limited control unlike the previous pattern of administration.

“The VR of previous convocation infringed the rights of citizens, upset the balance of power according to Constitution, and seized power”
Olexiy Pluzhnykov, human rights advocate
Sooner or later this constitutional reform will be canceled by Ukrainian or European law courts, since it is unlawful and impairs the rights of citizens. The changes in the constitution of Ukraine have narrowed the right of citizens to vote in its active (the right to elect), and passive part (the right to be elected).

“The Constitution has been made a hostage of political processes”
Viktor Tymoshchuk, Head of the Center for Political and Legal Reforms
Legally it is important a subject goes to the Constitutional Court to determine the legitimacy of amendments to Constitution adopted on December 8, 2004. It will remove all doubts concerning the validity of current Constitution, and any court ruling will help to stabilize the political and legal situation in the country.

Inadequate Constitution
Mykhailo Syrota, Chairman of the Labor Party of Ukraine, Chairman of Constitutional Commission of Verkhovna Rada in 1996
We built a rigid-jointed state framework, but failed to bring the Basic Law to conformity with existing laws, to adopt referent laws at went on to passing bills disagreeing with the new Constitution.

“Organ of power”, “organ of state”, “organ of state power”
Petro Martynenko, Prof., Dean the Law Faculty of the Solomon International University; in
September 1996 he was appointed the judge of the Constitutional Court of Ukraine by the decree of the President of Ukraine There are no perfect constitutions. The Constitution must reflect peculiarities, spirit of the nation, social patterns and goals. If the nation backs it and fixes as basic principles, than it is really a good Constitution.

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