Consul General’s Statement  on Constitution Anniversary

On June 28, Ukraine celebrated the 10th Anniversary of the adoption of its Constitution by Ukraine’s Verkhovna Rada or Parliament. To mark the occasion, the Consulate General of Ukraine in Toronto issued a statement, noting that the Constitution, adopted in 1996 “was not the first Constitution implemented on the territory of modern Ukraine.”

The statement continues: “In the medieval state of Ukraine-Rus the initial written judicial laws were reformed on the basis of common law. The first recorded reference of the code of law, the Charter and the Laws of Rus can be found in the treaties with Byzantium of 911 and 944 A.D.

“In the 11th century, the Codes of Laws of the 9th and 10th centuries became part of King Yaroslav the Wise’s Rus’ka Pravda. Based on this document, Kyivan Rus had indeed incorporated certain democratic elements. In civil law, a considerable role was played by representative structures, in particular the Viche, or assemblies, of a town or principality.

“In the 18th century, Pylyp Orlyk was elected Hetman after the death of Ivan Mazepa and ushered in a bright period in the history of constitutional development. His treatise (Pacts and Constitutions of Laws and Rights of the Zaporyzhian Army, 1710) is believed to be the first constitution of the Ukrainian state. Historians regard it as a progressive document far ahead of its time, even compared with the rest of the world.

“The first constitutions in European countries and in the United States only began to appear some 70 years later. The document formulated principles of division of representative and executive powers and the impartiality of the judiciary, subordinate only to law. In general, Pylyp Orlyk’s Constitution was in agreement with the then existing tendencies in the development of European political thought and in some aspects even outstripped European political theory and practice.

“Later on, the  motifs of justice, freedom, equality, and goodwill were obvious and strong in the documents of the Brotherhood of Saint Cyril and Methodius (1845 to 1847).

“On November 20, 1917, the Central Rada of Ukraine, the first elected parliamentary organ in the country’s history, adopted the Third Universal (Declaration and program address). It became the first constitutional act of the new Ukrainian state that guaranteed its people personal immunity, freedom of speech, press, assembly and faith.  Already on January 22, 1918, the Central Rada adopted the Fourth Universal that proclaimed sovereignty and independence of the Ukrainian People’s Republic (UPR). However the Draft of the UPR’s Constitution never materialized on the account of the Bolshevik’s coup that took place in April 1918 and eliminated all endeavours of the Central Rada.

“During the military struggle of the Bolsheviks for the establishment of Soviet regime in Ukraine, the First Constitution of the Ukrainian SSR was adopted with certain amendments introduced after the formation of the USSR in 1922. Later on, in accord with new Constitutions of the USSR in 1936 and 1977, the Constitutions of the Ukrainian SSR of 1937 and 1978 were correspondingly adopted.

“The latest constitutional process in Ukraine started with the adoption of The Declaration of the State Sovereignty of Ukraine voted by the Verkhovna Rada in 1990 during the last days of perestroika in the USSR.

“Soon afterwards, some outstanding historical events occurred: the Declaration of Independence of Ukraine August 24, 1991, and the nation-wide referendum of December 1, 1991, that verified the Act of Ukrainian Independence.

“After tense activity among all the political forces of the country, a consensus was reached, and on June 28, 1996 the Constitution of Ukraine, which is currently in force, and the Law to carry it into effect were simultaneously adopted.”