Verkhovna Rada approves new land code despite heavy opposition of leftist factions (11/04/01)

Verkhovna Rada approves new land code despite heavy opposition of leftist factions

by Roman Woronowycz
Kyiv Press Bureau

KYIV - Amid much chaos and vitriol, Ukraine's Parliament marked a historic moment on October 25 when it approved a new land code for the country, which will privatize land immediately and will make it a commodity in a little over three years.

The "land constitution," as some politicians are calling the document, was approved with more than a little acrimony, fisticuffs and underhanded moves as members of the Communist faction in the Verkhovna Rada used all means at their disposal - ethical and not - to block a vote on the bill. It was passed only after an unusual and controversial signature vote, during which 232 national deputies supported the bill. The Communist and Socialist factions, and a good portion of the Batkivschyna faction, did not register for the polling.

"This is indeed a historic event," said Vice Prime Minister Leonid Kozachenko, who has championed the land code. "This document has more than merely economic meaning, it does more than simply weigh on the development of that sector; it has extraordinary political and societal ramifications inasmuch as it resolves the problem of social justice, the division of land - the most valuable tool of production for the populace."

President Leonid Kuchma, in applauding passage of the act, was more succinct in his remarks.

"The land will now have a master," said Mr. Kuchma, according to Interfax-Ukraine.

The controversial land code, which experienced dozens of changes after more than 100 were proposed during a lengthy first reading, will legitimize the privatization of land that has taken place since President Leonid Kuchma issued an executive order ordering the restructuring of the agricultural sector in December 1999 and set the tempo for the fully private ownership of land in Ukraine.

It will gradually lead to a fully market-oriented land policy, but only over the course of a decade. While Ukrainians will now have the right to own land, with all associated rights of investiture, the ability to sell and purchase parcels will be severely restricted until January 2005, when land becomes a full-fledged commodity. Even then, however, for a period of 10 years, the purchase of land will be limited to 100 hectares.

Other limits will remain, as well. Foreigners, unless they are registered as legal entities in Ukraine, will not be able to purchase the new commodity. Also, the land code envisions the development of a Land Bank within five years, to provide mortgages and credits, which most specialists believe could happen as soon as next year.

"This is a document that was developed as a result of much compromise. No other document has gone through as much critique as this one has," commented Kateryna Vaschuk, chairman of the Agricultural Committee that prepared the bill for the second reading.

The subsequent approval of the second and third readings of the bill, after an initial effort the previous Thursday had failed, looked at first to be going the same way. A large contingent from the Communist faction surrounded the speaker's podium and the leadership dais fully an hour before the daily session was to begin and did not let Vice-Chairman Viktor Medvedchuk introduce the bill or allow a final debate before the vote.

With banners that they had strung up at the front of the session hall proclaiming "Sell land, sell the Fatherland" and "The sale of land is the death of Ukraine," Communists wrestled microphones from national deputies attempting to speak, jeered and chanted "Shame," as the legislative body attempted to move the bill to a vote.

While the proponents of the land act presented 226 signatures of national deputies they had gathered as evidence that there was sufficient support for the measure, Communist leader Petro Symonenko insisted there could be no second reading because he alleged fraudulent votes were counted in approving the first reading.

The bill's proponents then offered a compromise: the clauses allowing the sale of land - the most controversial elements - would be removed and considered only during the third reading of the bill.

When National Deputy Vaschuk attempted to present the final version, she was quickly surrounded by Communists, who snatched her microphone. In the ensuing melee, several opposing lawmakers nearly came to blows as they pushed and shoved, literally to gain a foothold near Ms. Vaschuk, which led Vice-Chairman Medvedchuk to call for a 30-minute recess.

After the break Ms. Vaschuk proposed that the vote on the bill proceed for the entire package and not by clauses in order to simplify the process. When Mr. Medvedchuk, substituting for Chairman Ivan Pliusch who is recovering from surgery, called for the vote, someone pulled the plug and the computerized tabulation system went down.

Another recess was called. When the national deputies returned, a majority agreed to vote by ballot. However, before the ballot urns could be put in place and the ballots retrieved, someone illegally entered the office of Second Vice-Chairman Stepan Havrysh and defaced ballots and destroyed several urns. In the end the final vote was recorded with national deputies voting by signature in Mr. Havrysh's office.

While the polling was taking place, National Deputy Yaroslav Kendzior of the Rukh faction explained that this was the last stand of Communist ideology, while an opponent of his, National Deputy Yurii Solomatin of the Communist faction, called it " a fight between two civilizations."

That fight may not be over - although proponents of land privatization have won the first round decidedly - because the Communist faction has taken the matter to the Constitutional Court to resolve questions of parliamentary procedure, which they allege were not upheld, as well as to obtain an authoritative interpretation on whether the Constitution of Ukraine even addresses the possibility of private land ownership.

On October 27 Communist Party Chairman Symonenko along with former Parliament Chairman Oleksander Tkachenko, who today is a member of that faction, announced that they had asked the Constitutional Court to interpret the Articles 13 and 14 of the Constitution.

"In the Constitution there is no mention made of private ownership. It only speaks of land held by the people," explained Mr. Tkachenko.

Mr. Symonenko added that Vice-Chairman Medvedchuk had made an egregious error when he announced from the presidium that he would "use all methods necessary to get the land code approved that day."

"How can they say they approved the land code legally when in Havrysh's office they chased away certain individuals and decided whom to allow in?" said Mr. Symonenko.

Vice-Chairman Medvedchuk, speaking at a regularly scheduled press briefing on October 28, said he was not bothered by the leftists' allegations.

"It is their constitutional right [to appeal to the Constitutional Court], but I would like to add that I have not heard about specific violations of procedures during the approval of the document," explained Mr. Medvedchuk. "The national deputies will support me on this."

Mr. Medvedchuk said that, beyond receiving Constitutional Court approval, much work was still needed before the Land Code becomes an effective piece of legislation. He explained that 35 associated laws still had to be approved by the Parliament, among them a law on the Land Bank, on property transactions and land valuation.

The Verkhovna Rada vice-chairman called the passage of the current bill a breakthrough moment that begins the process of change. He explained that from a practical point of view it will most immediately benefit 1.8 million of the 6.6 million Ukrainian farmers who have completed the process of obtaining privatized land plots and now had the legislative authority to call that land their own.

On October 31 the United States announced that it would allot $14.5 million to Ukraine to hasten the process of land privatization and make it less expensive. U.S. Agency for International Development Mission Director for Ukraine Christopher Crowley, who signed the authorization, said he expects the money will help another 1.8 million farmers, about 30 percent of the total in Ukraine, to receive land certificates within a 24- to 27-month period.

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