Speech of H.E. Roman Shpek,

Head of the Mission of Ukraine to EU on debate in European Parliament

dedicated to 10th Anniversary of Ukrainian Constitution

 Ladies and Gentlemen!

Deputies of European Parliament!

Dr. Tannock!

Judge Futey!

 First of all, I would like to thank for the opportunity to take a part in the debate dedicated to the 10th anniversary of the adoption of the Constitution of Ukraine. For me personally it’s very stirring moment, because I was immediate participant in these historic event, that took place on the “constitutional night” in Ukrainian Parliament ten years ago. As a deputy of the Ukrainian Parliament at that time, I had the honor to put my signature under the agreed text of the first Constitution of the Independent Ukraine.

 Despite the young age of the current Ukrainian Constitution, traditions of the constitutional process in our state have very long history. In 1710 at the times of Zaporiz’ka Sich’ – the autonomous Cossack Republic – document was created and adopted  under the name “Pacts, Constitutions, rights and liberties of Cossack Army”, more known as the “Pulyp Orlyk’s Constitution”. That document legally formulated the right of the Ukrainian nation to have an independent state, laid down the principles of the division of powers between legislative, executive and judicial branches, setting the issues of the state borders, election rules, the state religion, status of Kyiv and Zaporiz’ka Sich’ as well as the financial, economical and military aspects of the Cossack State.

 The scholars regard the “Pylyp Orlyk’s Constitution” as a first Constitution in modern sense, which embraced the republican forms of public administration. Another remarkable fact is that this document was adopted 80 years prior to the achievements of the French revolution of 18th Century.

 The process of creation of the modern Ukrainian state took place in difficult times of political, economic and social transformations. The modern history has no examples of such fast and complex transition from the rigid totalitarian system to a new democratic society with the open market economy. Therefor, Ukraine can not be compared with the other post-socialist European countries, which went throw the same transition from a much more favourable starting point.

 Under the conditions of a drastic and total break down of the previous political system, state structure and way of life, adoption of the Ukrainian Constitution on 28 of June 1996 was pivotal historical event. This act was a final step in transforming Ukraine from the constituent part of former Soviet Union into an independent state with own political, financial and monetary systems, government structures, armed forces, cultural and educational institutions. The Constitution also laid the civil society organizations and the multi-party system, provided the basic tenets for the protection of rights of the national minorities.

 At the same time, the realities of political and civil developments of Ukraine at the time of adoption of the Constitution significantly affected the content of the document, which has became a result of a political compromise. The draft of the Constitution as prepared by the working group of the Constitutional Commission had features of an integral and consistent legal document. However, the life made some corrections. Today, looking at the complicated process of adoption of the EU Constitutional Treaty I can not  help but make the same historical parallels.

 I remember very well the vortex of emotions, which reigned on that “constitutional night” in the Session Hall of the Ukrainian parliament as well as the intensive “behind-the-scenes” work on separate articles of the document. Whereas the articles on human rights and civil liberties can serve as an example of clarity and accuracy, the imperfections of the constitutionally set mechanism of organization of power continues to breed the conflicts between the legislative and executive branches. It is necessary to recognize that it is not a unique Ukrainian problem. Similar differences of opinion between the head of state, the parliament and the government can emerge in many democratic countries. The only effective remedy would be the effective functioning of the legally provided mechanism, aimed at a civilized solution of such conflicts.

 The Constitution of Ukraine created a legal base of our state. It embodies the greatest achievements of the Ukrainian and international constitutional theory and practice of constitutional development. It is also takes into account historical experience of Ukrainian nation, it’s national concept and mentality. The Ukrainian Constitution provides legal guaranties for democracy, economic independence and offers guidelines for Ukraine’s action at the international stage.

 As a child of the “art of the impossible” our Constitution calls for further development of a number of legal acts. First of all we talk about the Law on the Cabinet of Ministers of Ukraine.

 It is very important, especially in the light of the recent events around the creation of the parliamentary coalition, that we adopt a legal act, which delineates the status, rights and duties of the democratic opposition.

 In a historical perspective the outcomes of the March parliamentary elections will have a significant importance to our state. It was the first time in 15 years since Ukraine has had democratic parliamentary elections.

 For the first time, as stated in our Constitution, creation of the parliamentary Coalition has been carried out on the democratic basis.

 For the first time the forming of the Government is carried out by the political forces which constitute a parliament majority.

 For the first time the same majority elaborated the Coalition Agreement, which defines the basic principles of the actions in domestic and foreign policy.

 The difficult and high-pressure negotiations on the creation of the Coalition in Ukraine gave reasons for criticism about the foot-dragging of the post-election process. In this regard I would like to emphasize that the process of creation of the parliamentary Coalition following the results of the elections as well as the beginning of the Verkhovna Rada activity has taken place well within the time limits and in accordance with the Ukrainian legislation. In comparison, in Ukraine this processes lasted twice shorter, than in Germany last year.

 As you know, on the 22nd of June the Tymoshenko’s Block, the “Our Ukraine” Block and the Socialist Party signed a Coalition Agreement. Together they have 243 seats in the 450-seat parliament. Under the Ukraine's Constitution, the new coalition has 30 days to put forward a Cabinet list.

 According to the Coalition Agreement, the Tymoshenko Block will nominate the Prime-minister and 11 ministers to the Cabinet of Ministers. “Our Ukraine”  will have the Speaker of the Parliament, a post of a vice-prime minister and 5 ministers. The Socialist Party will name the First-vice prime minister and 3 ministers. Tomorrow Verkhovna Rada is expected to elect the Speaker of the Parliament and to approve Yulia Timoshenko as the Prime-Minister of Ukraine.

 The creation of the “Orange coalition” gave the clear evidence of the 2004 Orange Revolution continuity. It means that the best-performing in the March election party Regions of Ukraine remains in opposition. The situation of having both the ruling and the opposition political forces in the parliament is usual for the countries with the long-standing historical and parliamentary traditions. As for Ukraine, we are just at the beginning of this process.

 Last week, during the meeting with the leaders of the new Coalition, the President Yushchenko stated that the Coalition should share some parliamentary committees with the opposition. As President emphasized, it is extremely important to make both the parliamentary majority and the opposition engaged in the forming of the Parliament's ruling bodies and distributing the parliamentary committees. He also proposed that in order to demonstrate a good political will the Coalition should take the initiative on ceding some parliamentary committees to the opposition. In particular, it could be the Parliamentary Committee for the media, as well as the Accounting Chamber of Ukraine. The President stated his conviction that the opposition’s representatives must be entitled to those posts as it will enable the opposition to efficiently control the governmental actions.

 The signed Coalition Agreement does not only regulate distribution of the posts among the members of the Coalition, but, also contains guidelines for actions of the coalition Government. Without going into the details of the 90-page document, I will highlights key moments which will define the priorities of the foreign policy of the new Ukrainian government.

 First of all, the main Euro-Atlantic priorities of the foreign policy of Ukraine will remain constant. The membership of Ukraine in the EU as well as ensuring of energy security are the strategic goals of the government. The issue of the NATO membership have to be decided by a national referendum.

 By the end of the year the coalition government undertakes to obtain approval by the Parliament of legislative acts necessary for Ukraine’s accession to the WTO. Finalization of this process opens the practical options for the establishment of the Ukraine-EU Free Trade Area.

 In the short-term, the coalition Government will concentrate their efforts on successful implementation of the EU-Ukraine Action Plan, fulfilment of the commitments made by Ukraine upon the entry to the Council of Europe and accomplishment of the Law “On the Program of approximation the national legislation of Ukraine to the legislation of the EU ”.

 Ukraine will continue its peace-keeping activities as well as active participation in the peaceful settlement of the Transdnistria conflict. In the bilateral sphere Ukraine remains committed to the strategic partnership with Russia, Poland and the United States of America.

Ladies and Gentlemen!

 I am fully convinced that practical implementation of the Coalition Government Programme reinforced by the effective lawmaking activity of the Verkhovna Rada will allow our country to prepare the ground for a qualitatively new and higher level of Ukraine-EU relations.

 Conclusion of the new Enhanced Agreement between Ukraine and the EU will paved the way for 

 I hope you would share my view that up to date the EU has not developed more efficient instrument of influence on the other countries in respect of defending its interests in political, economic and humanitarian fields than prospective to gain EU membership.

 That's why it is important to reflect in the Action Plan the Article 49 of the Amsterdam Treaty which stipulates that any European state may apply for the EU membership upon the compliance with certain criteria. Moreover, the above-mentioned provision was included in the EU draft Constitution (Article 57).

 Thank you for your attention.