In the attachments to the letter to the President of Ukraine regarding the Law of Ukraine on the principles of state language policy V.Lytvyn noted that while processing the text of the document in the version suggested for the first reading, certain inconsistencies and inaccuracies between its provisions were found, as well as derivative discrepancies with other laws of Ukraine that need to be eliminated in the order established by the article 131 of the Rules of Procedure of the Verkhovna Rada of Ukraine.
The Chairman of the Parliament reminds that the state committed itself to using regional languages and languages of national minorities in Ukraine by ratifying the European Charter for Regional or Minority Languages. "At the same time, the Law stipulates delegation of powers regarding implementation of international and legal obligations of Ukraine in the part of free use of languages in social life, to the bodies of local self-government", V.Lytvyn noted.
Under such circumstances, according to part three of the article 143 of the Constitution of Ukraine, the state is to ensure the financing of the implementation of the delegated powers by the bodies of local self-government at the expense of the State Budget of Ukraine.
However, the text of the Law does not include any provisions regarding financing of the respective delegated powers. Thus, contrary to the article 143 of the Constitution of Ukraine between clause 1 Section X of "Final Provisions" in the part of coming of the abovementioned Law into force (after the publication) and the respective provisions regarding the financing of the delegated powers of local self-government, there is inconsistency.
Apart from this, part two of the article 7 determines the list of languages which, according to the Law, are to be protected by the appropriate decisions of the local self-government bodies. However, the specified list differs from the one ratified by Ukraine (article 2 of the Law on Ratification) in the context of the European Charter for Regional or Minority Languages which, bearing in mind clause 1 Section X of the "Final Provisions" of the Law, will lead to collisions of the abovementioned provisions.
Taking into consideration the necessity to complex and systematic settling of the issues connected with elimination of inconsistencies in the text of the Law, compliance with the requirements of article 143 of the Constitution of Ukraine and article 27 of the Budget Code of Ukraine and specifications of the regional languages list, the following version of the clause 1 of the section X of the "Final Provisions" of the Law is suggested:
"1. This Law comes into force on the day when the Law of Ukraine to amend the Law of Ukraine "On Ratification of the European Charter for Regional or Minority Languages" regarding establishment of differentiate use of the provisions of the European Charter for Regional or Minority Languages to the languages it applies in Ukraine, comes into effect".
According to part 5 of article 6, none of the provisions of the Law cannot be interpreted as such that aims at narrowing the usage areas of the state language.
The respective principles and goals can be found in articles 2, 5 and 7 of the Law.
However, the provisions of a number of articles regarding areas of usage of the state language does not comply with the stated principles and objectives of the Law.
In connection with this certain parts of the law need to be amended (in particular: part one of the article 10; part two of the article 10; part one of the article 20; second sentence of the part two of the article 20; second sentence of the part seven of the article 20; part eight of the article 20; second sentence of the part nine of the article 20; part ten of the article 20; and part four of the article 23)
Second paragraph of the article 1 of the Law contradicts clause 5 part two of the article 5 and part two of the article 20 of the Law.
The provisions of paragraph two of part one of the article 4 of the Law are contradictive.
In connection with this paragraph two part one of the article 4 of the Law needs to be amended.
Part one of the article 10, part 5 of the article 11, part one and three of the article 18, part one of the article 22, part three of the article 28 and sub clause 25 of the clause 1 Section X of the "Final Provision" contradict the principles of language policy provided by article 5 and part one of article 7 of the abovementioned Law. That is why they are to be amended.
Section XI of the "Final Provisions" of the Law includes provisions to amend:
- the Criminal Procedure Code of Ukraine which becomes invalid on November 19, 2012;
- Law of Ukraine "About Civil Registration Bodies" that became invalid on the ground of the Law of Ukraine ""On State Registration of Civil Status";
- Law of Ukraine "On Advocacy" which becomes invalid if the respective law adopted by the Verkhovna Rada of Ukraine on July 5, 2012 comes into force.
In this regard, sub clauses 9, 11 and 20 of the paragraph 1 of Section XI "Transitional Provisions" of the Law are proposed to be removed.
Comparison chart added.