Few believe draft constitution will be adopted in next reading (06/16/96)

Few believe draft constitution will be adopted in next reading

by Marta Kolomayets
Kyiv Press Bureau

KYIV - Although the Ukrainian Parliament passed the draft constitution in the first reading on June 4, few legislators believe that it will be adopted in the second reading, currently scheduled for June 19.

It is now more than likely that the draft document will not get the necessary 301 votes - a constitutional majority - and will be turned over to President Leonid Kuchma, who, with the backing of national democratic deputies, will call for a national referendum to be held in September.

But, given the country's current difficult economic situation, even President Kuchma, a strong proponent of a national referendum, seems to be backing away from the idea, as a referendum can cost up to 20 trillion karbovantsi - or approximately $10 million (U.S.)

Meeting with members of the parliamentary faction Reforms on June 13, President Kuchma expressed hope that the Parliament would be able to adopt the constitution in the second reading.

At present, however, it looks highly unlikely that the left-wing forces in the Parliament will give in so easily. They may look for a compromise between the executive and legislative branches. For example, they may ask the president to strike any references to such controversial issues as the official language, national symbols and the national flag, if he wants them to pass the draft constitution next week.

The voting procedure in the second reading also remains unclear. Left-wing forces, as well as some centrist factions, propose that every article of the draft be adopted by a simple majority, and only the complete draft be passed by two-thirds.

The national democrats, on the other hand, insist that the legislature pass every article by two-thirds majority, for they feel that only a constitutional majority can legitimize the nation's fundamental law. However, Communist leader Petro Symonenko has already warned that this approach means no amendment will be adopted in the second reading.

The turn of events will depend greatly on the position of the Parliament chairman, Oleksander Moroz - who has wielded a lot of power during this entire constitutional process - and the presidium of the Supreme Council.

Mr. Moroz has proven to be uncooperative over the last week, announcing that the constitutional accord between the legislative and executive branches of power signed on June 8, 1995, by President Kuchma and Mr. Moroz had expired. That accord served as the petit constitution of Ukraine for the last year.

This, in turn, means that Mr. Moroz intends to curb President Kuchma's powers and that, as of June 8, a year after the constitutional accord was signed, the Constitution of the Ukrainian SSR, adopted in 1978, is in force.

"The constitutional accord can only be expanded if an agreement to this effect is reached between the Parliament and the president," declared Mr. Moroz on June 11. "The validity of the accord expired on June 8," he underlined.

But President Kuchma and other government officials believe otherwise, citing the document's title: "Constitutional Agreement Between the Supreme Council and the President of Ukraine on the Basic Principles of the Organization and Operation of State Power and Local Self-Government Until a New Ukrainian Constitution is Adopted."

Because it was hoped that a new constitution would be adopted in a year's time, Mr. Moroz considered this accord to be in force for one year.

President Kuchma said that Mr. Moroz's statements "do not bring honor to the Supreme Council, and firstly to the leader of the Parliament."

"At such a difficult time for Ukraine, for Mr. Moroz to make such statements is simply unlawful," Mr. Kuchma said, adding that it is necessary to look for a civilized way to adopt a new constitution and that, in fact, the constitutional process continues with the second reading scheduled in Parliament on June 19.

Fedir Burchak, vice-president of the National Academy of Law, told journalists that the constitutional accord is valid until a new constitution is adopted as stated in Article 60 of the 1995 accord. He added that the Ukrainian SSR Constitution of 1978 is valid only as regards provisions that do not conflict with the constitutional accord.

Suspension of the accord, he said, "will bring about chaos and spark numerous contradictions." Quoting the accord's preamble, he noted: "The absence of a new, democratic Ukrainian constitution is an obstacle to economic, political and legal reform; and the presence of a deep economic and political crisis has led to social tension, an increase in criminal activity and a political impasse between the different branches of power."

Mr. Burchak emphasized, "Those who claim that the constitutional accord has become invalid either do not understand the legal meaning of the paper, or are deliberately misguiding people."

Mr. Moroz, meanwhile, has begun telling journalists that the draft constitution is "controversial and does not suit our society."

Mr. Moroz told an audience on June 11 that "despite the work done by the ad hoc committee to finalize the constitution of Ukraine, the draft fundamental law remains highly controversial." He said he could not agree to the articles dealing with social protection, the state administration, the functions of local bodies of power and the status of the Ukrainian president.

National democratic forces in Parliament had begun a campaign in May to oust Mr. Moroz as Parliament chairman. Among candidates mentioned were former President Leonid Kravchuk, former Prime Minister Yevhen Marchuk and Mykhailo Syrota, chairman of the ad-hoc committee on the draft constitution. Interest declined when they could not achieve their goal before the draft's first reading. However, it now seems that if Mr. Moroz remains a nuisance in the process, national democrats may rally around their original plan before they break for the summer recess.

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