The science of constitutional law should be sought-after and develop according to the modern demands. Volodymyr Lytvyn made
this statement, speaking at the
general assembly of the National
Academy of Legal Sciences of Ukraine in
Kharkiv.
"We are affected by two serious diseases in the sphere of constitutional development: in practice we replace the constitutional requirements with political appropriateness, while in theory a thorough scientific analysis is substituted with sanctification of a dominating political mood," the Head of the Ukrainian Parliament stated, analyzing the role of legal science in the enhancement of implementation of the key legal acts.
V.Lytvyn warned that he did not intend suppressing or neglecting the positive achievements in the constitutional process.
He stated that Ukrainian Constitution was among the best ones adopted during the last decades. However, V.Lytvyn admitted several drawbacks.
"The Constitution is effective, but the desire ‘to improve´ it seems to become unstoppable. Political parties can not substitute the state bodies, but their desire is growing. The authority is nominally divided into three components, but every component wants to clarify who is the most equal, so the checks and balances system turned into a redrawing of authorities," the Head of the Parliament admitted.
"We have one of the best constitutional packages of human rights and liberties, and one of the worst tools of their protection. Our country has a multiparty political system, but rather for money laundering and lobbying of non-state interests than for the formation of civic society and democratic settlement of state issues. We refused from the state ideology, because it prevents ideological unscrupulousness, not because it impedes development of a democratic society," V.Lytvyn stated. "It is possible to buy public will for a kilogram of buckwheat or a corresponding sum of money. Deputies became the politicians safe from the deals, not in the liberty to express their stand. Their stand can be bought, sold or re-sold. The law-enforcement system fails to realize that it shall protect human rights, while the police confuse their rights with the inquisitorial methods of investigation, and the judges settle the cases at their own discretion and for their well-being."
The Head of the Parliament admitted that the constitutional process has both achievements and drawbacks. "Thus, today is the moment of truth for the scholars in the sector of constitutional law," V.Lytvyn stated.
The Chairman of The Verkhovna Rada of Ukraine stressed that the experts in the constitutional law should master modern methods of research and analysis of the constitutional processes, update the textbooks on the constitutional law, and learn the foreign languages to follow the development of constitutional processes abroad.
"The situation needs drastic changes. It is the scholars who should tell where the changes shall start. The science of constitutional law should be sought-after, not remaining a theory to be adjusted for the political requirements," V.Lytvyn stressed.