Experts of The Day on the main event of the week - the Constitutional reform bill submitted by the president to parliament

The proposals concerning the amendments to the Constitution are in parliament. They were brought in by President Petro Poroshenko. Now Verkhovna Rada should make its decision. The reform of the Main Law of the country is of big importance today, because the thing is practically about decentralization under conditions of the war. The Day’s experts and state officials are divided on the issue. Member of the Constitutional Commission, Doctor of Law, correspondent member of the National Academy of Law Serhii HOLOVATY considers that the “new text is only strengthening the state and opens the prospect of European quality before the country and society.” Secretary of Venice Commission, head of the delegation of the Council of Europe Thomas Markert assesses positively the changes and underlines, “It’s good that Ukraine is realizing its part on implementation of the Minsk agreements.” But Ukrainian MP, deputy speaker of Verkhovna Rada Oksana Syroid is of an opposite opinion. She points out that the decentralization as it is now “poses threats that make one raise the alarm.” Political scientist Viktoria PODHORNA agrees with this opinion and emphasizes that “a legalization of the special status of separate regions in the ATO zone is practically underway.” Read in more details below.

Viktoria PODHORNA: “The amendments to the Constitution will conserve us in a transitional, complicated, quasi-military state - it is the style of the president to control these processes.

“The constitution commission discussed the amendments to the Constitution in a big rush. It is not yet known what changes have been made in the document. I cannot have a positive attitude to such order of amending the Constitution. These changes have nothing to do with real constitutional process. Ukraine has to work on much more systemic questions, if we are speaking about the constitutional process and its launch. A legalization of a special status of separate regions in the ATO zone is practically underway.

“As far as we can see, Western partners are also content with this version. This version cannot be the best solution for Ukraine, because it is totally freezing the conflict. Moreover, we are facing considerable risks that Russia’s initial plan of splitting Ukraine, which it calls federalization, will be realized. Now Russia is content even with the absence of the term of federalization, if separatism will be practically legalized. The propaganda of this separatism will be spread to other territories of Ukraine through corresponding mass media, with which nobody has been able to do anything till present day. All this shows how helpless the incumbent power is in strategic viewing of the situation. This is what I consider to be the main reason why it agrees to this disadvantageous and dangerous version of amending the Constitution. As for the granting a special status to separate territories of the Donbas, it remains unclear, what the term ‘special’ means here.

“The changes that are connected with decentralization are not a priority. When we speak about prefects as means to prevent the growth of separatism in the Donbas, it is clear that this system cannot be limited to the Donbas only. This refers to all regions. The president will become the guarantor of stabilization in Ukraine. Practically he has great responsibilities. Of course, I wouldn’t say that there will be some systemic form of decentralization. There is no formula that could be good for other regions of Ukraine. These regions will not get enough powers, although I think we are speaking about a Polish model here. If the president has powers to disband the bodies of local self-government, won’t he apply the same method on other territories? All of this will make any systemic reforms towards Europeization impossible for Ukraine. And preventing us from moving to the Western world is what Russians dream about. These changes will conserve us in a transitional, complicated, quasi-military state. As a result, we can see that Maidan’s agenda has not been fulfilled.

“Even the West has turned a blind eye to the broadening of the presidential powers, so that the president could undertake the responsibility for the status of the Donbas. A big problem is that society is totally ousted from the process of constitutional changes. Our elite have been and remain corrupted. The active civil society includes about 5 million citizens. This is a huge layer. And namely these people should have launched the process of debate on the new Constitution and new social agreement.”

By Valentyn TORBA, The Day

Thomas MARKERT: “It is wrong to think that Russia can influence Ukraine through decentralization”

Why has the Venice Commission approved the clauses on the need of including a special status of a part of the Donbas in the transitional amendments to the Ukrainian Constitution?

“Minsk II agreements stipulate that Ukraine will include in the Constitution a footnote that special regulations may be implemented in Donetsk and Luhansk oblasts. If we turn to the text which was approved by the Constitution Commission, it mentions the transitional regulations in the Constitution which meet these requirements. It reads that according to the Ukrainian laws we can take special measures on the territories with a special status. This must be done this year, according to the Minsk agreements. What is being offered now pertains to these agreements, and it is good that Ukraine is fulfilling its part of work on their implementation.”

It appears that the Venice Commission wants Ukraine to approve the new amendments very quickly. Why is it so urgent?

“First, these amendments need to be implemented very quickly, because the local elections will take place in October. The constitutional base for the local governments must be defined before the local elections. The second reason is that the Minsk agreements really require it to be done this year. It will be possible if the first reading takes place before the summer vacations. Third, local councils must implement a number of important reforms, and this meets the interests of Ukraine.

“In case it is not done before the elections, the local power will face the question: what they need to do to be reelected? What will their authority be if they receive some or other powers? This can count against the elections, because people won’t know what they are voting for, so this will create an uncomfortable situation.

“The Minsk agreements include special clauses which stipulate that a regulation on decentralization must be added to the Constitution this year. Clearly, Ukraine wants to keep these regions and then, which is important, to give some powers to the governments in these oblasts, but these powers should not go too far.”

The Judge of the Constitutional Court of Ukraine has stated that it is forbidden to make any amendments to the Constitution during the war. Why hasn’t the Venice Commission paid attention to this?

“Ukraine hasn’t declared the martial law, which is why legally it is allowed to make amendments in the Constitution. It is not forbidden to make amendments to the Constitution when military actions are underway. There should be no reasons to avoid doing something.”

There is an opinion that the West cannot influence Russia through the Minsk agreements. So, the West demands Ukraine to fulfill them. And after Kyiv grants more powers to a part of the Donbas, Russia will be able to influence Ukraine’s home and foreign policy. How will you comment on this?

“I think it is absolutely wrong to think that Russia can influence Ukraine through decentralization. The amendments to the Constitution of Ukraine, which are being discussed now, will not enable Russia to influence the situation in Ukraine in any way.”

By Ihor SAMOKYSH, The Day