The Ukrainian Constitution: Interpretation of the Citizens' Rights Provisions

INTRODUCTION AND GENERAL SCOPE The fall of the Soviet Union allowed Ukraine to become independent for the first time since its short lived independence during World War I. 1 Within a few years of declaring its independence, Ukraine adopted a new Constitution on June 28, 1996. 2 Ukraine's new Constitution has provisions which purport to protect the rights of a Ukrainian citizen. 3 These right-granting provisions, however, are almost uniformly subject to the adoption of future laws in the interest of the rights and freedoms of others, and also the authority of the state to protect public health, order, or welfare. 4 One key example is the individual right to freedom of association in political parties and organizations. 5 This right is limited by restrictions established by Ukrainian law in the interest of national security, public order, public health, and the rights and freedoms of others. 6 These rights-limiting provisions which may be used to limit or remove previously granted rights under the laws of the Ukraine are often termed "claw back" provisions. 7 In view of such "claw back" provisions, the main thrust of this Note is to explore, and possibly predict, the future effectiveness of the citizens' rights provisions within the Ukrainian Constitution. In particular, this Note provides a guide for those who may argue for an expansive reading of the rights provisions and a consequent narrow reading of the claw back provisions before the Constitutional Court of Ukraine. To arrive at an authoritative interpretation ...