Starting with Article 1, most agree with the idea behind this statement: “Ukraine is a sovereign and independent, democratic, social, law-based state.”
The problem, as so many Ukrainians and foreigners know, is that reality seldom matches the lofty ideals set forth in the nation’s fundamental law.
Here are some of the Kyiv Post staff’s observations about where the constitution doesn’t live up to its promise.
“According to the constitution, Ukrainian lawmakers have to vote in the parliament personally,” said Yuriy Onyshkiv. “The reality, as you know is significantly different.”
Alexandra Dimitriyevych had several quibbles.
“The new pension reform is full of violations,” she said. “According to the constitution, politicians have no right to restrict or lessen the rights that were given already.”
Dimitriyevych, a university student, also noted: “Article 53 states that everyone has a right to education. But most students of universities have to pay for their education. And, at schools, they are always collecting money for things like computers, or a new gym, and that’s almost every month. Those who cannot pay have no opportunity to study.”
Svitlana Tuchynska summed up the feeling of many:
“The biggest minus is that nobody cares about the constitution. Take foreign military bases. They are not allowed but we have the Russian Black Sea Fleet in Crimea. The same goes for ‘free medical treatment for everyone.’ In the hospital, you have to pay for everything and even to bring your own pillow, syringes, cotton wools and the rest.”
Ukrainian-American Mark Rachkevych likes that the principles of the Ukrainian and American constitutions are similar.
But he’s not happy with “violations” that he sees.
“There is no universal, free healthcare. There is no free education. Civil and public servants do not always speak the state language. Many have dual citizenship (a violation of Article 4) There are human rights abuses against those in police custody and in prison (a violation of Article 28). There is censorship (a violation of Article 15). Ukraine doesn’t look out for its own people living abroad, i.e., human trafficking, slave labor. (a violation of Article 25).”
Perhaps it’s unrealistic to expect a 20-year-old nation with a history of Soviet, czarist Russian and other foreign-power domination to live up to its promises.
Ukraine’s constitution has 161 articles that spell out hundreds of citizens’ rights and state obligations.
Many of them are laudable and idealistic, but, as 45 million Ukrainian citizens know best, not very realistic today.
Kyiv Post senior editor Brian Bonner can be reached at [email protected]
