The use of the red banner to perpetuate the victory in the Great Patriotic War (1941-1945) is unconstitutional, the Ukrainian Constitutional Court ruled on Friday.
The court substantiated its ruling by the fact that the Ukrainian Constitution contains an exclusive list of national symbols, which does not include a red banner.
The matter was brought before the CC by MP Yuriy Kostenko who asked to give an official interpretation of certain provisions of the law, "On changes to the Ukrainian law, On the perpetuation of the Victory in the 1941-1945 Great Patriotic War, regarding the official use of copies of the Victory Banner."
On May 24, Kostenko filed the petition with the CC, claiming that, "not only does the law contradict many articles of the Constitution, it also provokes separatist sentiments among citizens and aims to break up Ukraine."
The bill was passed by Verkhovna Rada on April 21 and was signed by President Viktor Yanukovych on May 20.
By law, the Victory Flag can be raised on flagstaffs beside the Ukrainian national flag.
The law sets out regulations for the official use of the Victory Flag. The document defines the Victory Flag as "a symbol of victory of the Soviet people, army and navy over the Nazi Germany in the Great Patriotic War."
By law, copies of the Victory Flag should have the appearance of the storm flag of the 150th Rifle ‘Idritskaya’ Division.
The law also sets out the rules for using the Victory flag at the Eternal Flame, the graves of the Unknown Soldier and the Unknown Sailor, as well as during Victory Day festivities.
The passage of the bill by Rada was a catalyst of the May 9 provocations in Lviv, where mass clashes occurred over public display of the red banner brought from Odesa on the occasion of V-Day.
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