The Moulding of Ukraine

The Moulding of Ukraine

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English
338 Pages

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With the disintegration of the Soviet Union, a number of new states were created that had little or no claim to any previous existence. Ukraine is one of the countries that faced not only political, social and economic transformation, but also state formation and the redefinition of national identity. This book uses Ukraine as a case study in trying to trace the key moments of decision making in the course of creating a new state while shedding the legacies of "Soviet-type" statehood. The Moulding of Ukraine offers a systematic examination of competing ideological visions of statehood and discusses them against the backdrop of historical traditions in Ukraine. This well-documented and lucidly written book is the only coherent account available in English of the process of constitutional reform, offering an insight into post-Soviet Ukrainian politics. A useful addition to university course reading lists in Ukrainian studies, post-Soviet studies, post-communist democratization, comparative constitutionalism, state-building and institutional design.


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Published 23 January 2013
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The Moulding of Ukraine
The Constitutional Politics of State Formation
Kataryna Wolczuk
Publisher : Central European University Press Year of publication : 2001 Published on OpenEdition Books : 23 January 2013 Serie : Hors collection Electronic ISBN : 9786155211645
http://books.openedition.org
Electronic reference: WOLCZUK, Kataryna.The Moulding of Ukraine: The Constitutional Politics of State Formation. New edition [online]. Budapest: Central European University Press, 2001 (generated 17 December 2013). Available on the Internet: . ISBN: 9786155211645.
Printed version: ISBN : 9789639241251 Number of pages : 338
© Central European University Press, 2001 Terms of use: http://www.openedition.org/6540
With the disinteg ration of the Soviet Union, a num b er of new states were created that had little or no claim to any previous existence. Ukraine is one of the countries that faced not only political, social and econom ic transform ation, but also state form ation and the redefinition of national identity. This book uses U kraine as a case study in trying to trace the key m om ents of decision m aking in the course of creating a new state while shedding the leg acies of "Soviet-type" statehood. TheMoulding of Ukraineatic exam ination of com offers a system peting ideolog ical visions of statehood and discusses them ag ainst the backdro p of historical traditions in Ukraine. This well-docum ented and lucidly written book is th e only coherent account available in Eng lish of the process of constitutional reform , of fering an insig ht into post-Soviet Ukrainian politics. A useful addition to university course reading lists in Ukrainian studies, post-Soviet studies, post-com m unist dem ocratization, com parative constitutionalism , state-building and institutional desig n.
KATARYNA WOLCZUK
Centre for Russian and East European Studies, University of Birm ing ham
TABLE OF CONTENTS
List of Tables
List of abbreviations
Acknowledgements
Preface
Chapter one. Introduction: constitutions and statehood CONSTITUTIONS AND CONSTITUTIONALISM: THE ANGLO–SAXON AND EUROPEAN CONTINENTAL PERSPECTIVES FUNCTIONS OF THE CONSTITUTION CONSTITUTION AND STATE FORMATION PLAN OF THE BOOK
Chapter two. In search of a tradition: discontinuities of statehood in Ukraine’s history FROM KYIV RUS’ TO THE HETMANATE THE UKRAINIAN REVOLUTION THE UKRAINIAN SOVIET SOCIALIST REPUBLIC: 1919–1991 CONCLUSION
Chapter three. Independence without a vision: constitution making in 1990–1991 UKRAINIAN SOCIETY UNDER THE SOVIET UNION: AN OVERVIEW THE PASSAGE TO INDEPENDENCE THE LIMITS OF CHANGE: CONSTITUTIONAL DEBATES AND INSTITUTIONAL REFORMS, 1990–1991 CONCLUSION
Chapter four. Simulating reforms amidst constitutional disarray: ukraine under kravchuk’s presidency THE POLITICAL SCENE AFTER INDEPENDENCE EXECUTIVE–LEGISLATIVE RELATIONS: FROM IMPASSE TO CRISIS CONSTITUTION DRAFTING, 1992–1993 CONCLUSION
Chapter five. How to organise the state? Constitutional debates after the 1994 elections THE 1994 PARLIAMENTARY AND PRESIDENTIAL ELECTIONS DEFINING UKRAINIAN STATEHOOD: THE CONSTITUTIONAL ISSUES AND PREFERENCES CONCLUSION
Chapter six. The passage of the constitution: process, actors, and strategies FROM A ‘LITTLE’ TO A ‘BIG’ CONSTITUTION ACTORS’ PREFERENCES, STRATEGIES AND INSTITUTIONAL RESOURCES CONCLUSION
Chapter seven. Ukraine as a nation-state: the conception of statehood in the 1996 constitution
THE POLITICAL COMMUNITY PRIVATE PROPERTY, RIGHTS AND LIBERTIES THE INSTITUTIONAL FRAMEWORK CONCLUSION
Chapter eight. Ukraine under the new constitution: the anatomy of a crisis ‘THE MORNING AFTER’: EXECUTIVE–LEGISLATIVE RELATIONS UNDER THE NEW CONSTITUTION THE 1998 PARLIAMENTARY ELECTIONS A FUTILE SEARCH FOR A PARLIAMENTARY MAJORITY FROM THE PRESIDENTIAL ELECTIONS TO A CONSTITUTIONAL CRISIS TIPPING THE BALANCE TOWARDS SUPER-PRESIDENTIALISM? CONCLUSION
Conclusion
Bibliography
Index
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List of Tables
Table2.1parison of the System of Soviets and Western Parliam . A Com entarism 49
TabLe 5.1bership in Parliam . Party Mem ent (March/April 1994) 131 TabLe 5.2. A Breakdown of the Ukrainian Parliam ent (Decem ber 1994 and May 1995) 134
TabLe 5.3. Results of the Second Round of the Presidential Elections (10 July 1994) 138
TabLe 5.4entary Factions on Key Co . Positions of the Parliam nstitutional Issues (Spring 1996) 179
6TabLe 6.1(7 June 1995) 195. Breakdown of Voting on the Constitutional Ag reem ent 7TabLe 6.2. Breakdown of the Ukrainian Parliam ent (May 1996) 202 8TabLe 6.3. Voting Results from the Adoption of the Ukrainian Constitution (28 June 1996) 203 9TabLe 8.1entary Elections 263. Results of the March 1998 Parliam 10TabLe 8.2. The Com position of the Ukrainian Parliam ent (1998–2001) 265 11TabLe 8.3. The Results of the Referendum in April 2000 275
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List ofabbreviatiOns
ARC The Autonom ous Republic of Crim ea
2ocratic ForcesCNDF The Cong ress of National-Dem 3CPU The Com m unist Party of Ukraine 4ocratic Party of UkraineDPU The Dem 5sional Bloc for Reform IBRB The Interreg 6MDG The Interreg ional Deputy Group 7PDPU The People’s Dem ocratic Party of Ukraine 8ocratic Party of Ukraine (United)SDPU(U) The Social-Dem 9SelPU The Peasant Party of Ukraine 10SPU The Socialist Party of Ukraine 11UNR The Ukrainian People’s Republic 12URP The Ukrainian Republican Party 13ZOUNR The Western Ukrainian Oblast of the Ukrainian People’s Republic 14ZUNR The Western Ukrainian People’s Republic
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AcknowlEdgEmEnts
Thber of people. Dr Judy Battis book would not be possible without support from a num from CREES was a constant source of encourag em ent and advice. The research and revision of this book was facilitated by three research proj ects g enerously funded by the Econom ic and Social Research Council: ‘The Political Econom y of New States in Central and Eastern Europe and the Form er Soviet Union’ (ref.: R000 23 5650), ‘The Quality of Dem ocracy in Ukraine: Representation in and after the March 1998 Ukrainian Elections’ (ref.: R000 22 2380), and ‘“Fuzzy Statehood” and European Integ ration in Central and Eastern Europe’ (ref.: L213 25 2001). During m y fieldwork in Ukraine, over various visits between 1995–1999, m y interviewees were g enerous with the tim e they de voted in unveiling to m e the intricacies of the constitutional process. Valentyna Dorozhkina and Anatoliy Zaiets from the Suprem e Council and Anatoliy Tkachuk from the Parli am entary Developm ent Project provided access to crucial prim ary sources. The sta ff of the Pylyp Orlyk Institute of Dem ocracy and the Parliam entary Developm ent Project, especially Valentyna Telychenko and Natalia Melnychuk, offered invaluable support o n m any occasions. Many other people from the Suprem e Council, the Presidential Adm inistration, and the Central State Archives of Civic Org anisations of Ukraine facilitated the r esearch process at various stag es. Special thanks to Iryna and Joachim , as well as Luda for cr eating a hom ely feel in Kyiv. Back at CREES, conversations with a fellow traveller, Sean Hanley, provided an opportunity to air m any ideas (and frustrations). I am indebted to Sar ah Birch, who read and com m ented on the draft. Frances Millard and Richard Sakwa exam ined the PhD thesis on which this book is based, and provided valuable com m ents and kind words of encourag em ent. Needless to say, I am alone responsible for all the shortcom ing s. Th e final thanks g o to Rom an for being so refreshing ly down-to-earth and keeping m e on the ‘straig ht and narrow’.
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Preface
Thefederations in Eastern and Central Europe radically reshaped them unist collapse of com political m ap of the reg ion. Beside the states that reg ained their independence, such as Latvia or Estonia, a num ber of new states were crea ted, such as Ukraine, Belarus or Moldova, which had no or very lim ited previous experience of sovereig n statehood. Even in ‘old’, established states, such as Poland or Hung ar y, the process of redefining the political, social and econom ic profile of the state after com m unism was hardly straig htforward. Yet, in new states, the task was considerably m ore onero us. They had to sim ultaneously undertake an unprecedented array of essential tasks such as the political transform ation of the state, socio-econom ic restructuring and redefin ition of national identity within the context of the overarching project of state form ation. As the new states em erg ed from the rubble of their respective federations, pivotal decisions had to be m ade on the shape of the polity: Who are the ‘sovereig n people’? On what term s do individuals belong to the political com m unity? What form of g overnm ent best ensures eff iciency and representation? What should the distribution of power in the centre-periphery relations be? What socio-econom ic g oals oug ht the state to pursue? In seeking answers to these questions, the state-builders did not have tried-and-tested m odels to fall back on, as the pre-com m unist past offered few or no g uidelines on how to org anise and run the sta te. At the sam e tim e, seeking answers by looking to long -established states was hardly le ss fraug ht with difficulties. This was not only because of the plethora of alternative m odels available, but also because of the advanced insig ht needed into how foreig n m odels m ig ht work in indig enous circum stances.
In lig ht of the m ag nitude of the task of state form ation, the aim of this book is to trace the key decision-m aking m om ents in the process of creating the blueprint of a new state, using Ukraine as a case study. Constitutional politics in post-Soviet Ukraine are exam ined with the aim of shedding lig ht on the orig ins and consequences of the adopted m odel of statehood. This study of constitution m aking traces the proces s of working out the conception of statehood in the new constitution, while the analysis of post-constitutional developm ents hig hlig hts the ram ifications of the adopted institutional desig n. In em barking on a study of state building throug h the prism of the constitutional process, the book adopts the prem ise that the function of a written constitution is not necessarily lim ited to that of a pre-requisite for liberal cons titutionalism . Following the collapse of com m unism , Central and Eastern Europe experienced a n upsurg e of constitution m aking , and one state after another prom ulg ated new fundam e ntal laws. The evident trust in the value of written constitutions tends to be explained by the yearning for constitutionalism , that is a lim ited g overnm ent that respects individu al rig hts and freedom s, after years of com m unist ‘constitutionalism ’. Yet it is not the on ly purpose of the constitutions. Notwithstanding the aspirations to constitutionalis m , the constitution is a founding docum ent of a state. Not only does it sym bolically affirm newly acquired sovereig nty; it also defines the institutional, territorial and cultural param eters of the polity.