New program from U.S.-Ukraine Foundation focuses on Constitutional Court in Kyiv (07/27/97)

New program from U.S.-Ukraine Foundation focuses on Constitutional Court in Kyiv

by Olenka Dobczanska

WASHINGTON - The U.S.-Ukraine Foundation has been awarded a $50,000 grant from the Bureau of Educational and Cultural Affairs of the United States Information Agency (USIA) for a new one-year program titled "Integrating the Constitutional Court into Ukraine's Civil Society." The main goal of the program is to help spread awareness and understanding of the new Constitution among all segments of the population in Ukraine, particularly in regard to the newly created Constitutional Court.

Democracy is a system of government that depends on an informed and involved electorate. This phrase is so often repeated that we forget how basically true it is. Awareness and understanding of the new Constitution of Ukraine at all levels is not merely desirable, but critical to the success of rule of law there. Without it there will be no change.

The Constitutional Court is a key institution for ensuring the success of democratic and constitutional government in Ukraine. According to the new Constitution, the Constitutional Court is the sole interpreter of the constitutionality of all laws in Ukraine. It is charged with the responsibility of adjudicating disputes between the branches of government. In discharging these duties, the Constitutional Court should serve as the ultimate guarantor of the rule of law.

The U.S.-Ukraine Foundation's (USUF) new program "Integrating the Constitutional Court into Ukraine's Civil Society" specifically deals with the above issues in several ways. The USUF will create an American constitutional advisory board and a Ukrainian constitutional advisory board. These boards will be composed of distinguished professionals who are interested in advancing the discussion of constitutional issues in Ukraine. Their job will be to prioritize specific aspects of issues related to the Constitution and the Constitutional Court for analysis and policy debate. The considerable resources, both print and electronic, of the Pylyp Orlyk Institute for Democracy (POID) and U.S.-Ukraine Foundation will be at their disposal.

Based on the work of the advisory boards, seminars will be held in four Ukrainian cities. The USUF and the POID have had considerable experience in facilitating seminars both in Ukraine and in the United States. Along with the advisory boards, they will be responsible for the selection of a diverse group of participants for each seminar. Every attempt will be made to broadcast the sessions via television or radio and through the printed media, and public attendance and participation will be encouraged through a question and answer period.

Finally, the project will publish a series of bulletins in Ukrainian about the prominent issues and discussions that emerge from the seminars for distribution to national leaders, policy makers, law educators and NGOs. In addition the POID will translate relevant Western sources and materials by Western experts into Ukrainian prior to each seminar. The POID will serve as a repository for all materials produced. These materials will be available in printed as well as electronic form and placed on the POID's bulletin board.

"Prior to the adoption of the Constitution in Ukraine, a 1996 nationwide survey conducted by the International Foundation for Elections Systems (IFES) found that a sizable majority of Ukrainians were acutely aware of the need for a new constitution. The ratio of supporters of a new constitution to advocates of the old one was an overwhelming 9:1. Now that the Constitution has been adopted, the most pressing question becomes how to transform this document so that it becomes part of the country's and people's way of life," said Victor Lychyk, USUF's project manager in Washington.

"Ukrainians want to learn more about the theory and especially the practice of constitutionalism," added Nadia McConnell, president of the U.S.-Ukraine Foundation. "Although the duration and scope of this project are limited, we hope to make a significant contribution to increasing public knowledge of the Constitutional Court in Ukraine, the critical role it plays in establishing the rule of law and the issues connected with its meaningful integration into civil society."

For more information about the activities of the U.S.- Ukraine Foundation, write to 1511 K Street NW, Suite 1100, Washington, DC 20005; telephone, (202) 347-4264; Fax, (202) 347-4267; e- mail: ukraine@access.digex.net

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