31 July 2012, 18:37
On June 5, 2012 the Verkhovna Rada of Ukraine adopted as a basis the draft Law of Ukraine on the principles of state language policy. The voting for the bill was held on July 3, 2012.
"The breach of regulations and the atmosphere that accompanied the voting, including the voting itself, lead to considerable resonance and mainly negative reaction in the society. At the same time, the Verkhovna Rada did not uphold any of the four draft resolutions to reject the law (article 48 of the Rules of Procedure) during the special session on July 30, 2012. The Verkhovna Rada also rejected all the submitted suggestions to eliminate inaccuracies in the text of the law and the apparent inconsistencies between its provisions (article 131 of the Rules of Procedure), though, it could have helped to remove some of the problematic issues and settle the problem", the Chairman of the Parliament noted.
Under such circumstances, the Chairman of the Parliament is obliged to sign the text of the law (clause 9 of the Rules of Procedure). "That is why I consider it to be my duty to state my steadfast position regarding vivid legal shortcomings of the law and possible social and political consequences in case the Law comes into force", the letter read.
Among the possible negative consequences V.Lytvyn named the following:
1. The Law may become a source of constant opposition and a challenge to political and social stability. Especially considering the fact that it will be used as inciting factor in pre-election campaigns.
2. The Law threatens legal and practical erosion of the status of the Ukrainian language as the only state language. Without concrete legal and practical guarantees of its constitutional status as a state language, thoroughly studied state mechanisms providing for its comprehensive development and use, the Ukrainian language can find itself in a quite pseudo state language position against the background of legislative multilingualism in Ukraine.
3. The Law tries to conceal actual exaltation of the Russian language at the cost of apparent extension of the rights of national minorities. Such serious shortcomings of the law as well as its open declarativity regarding the rights of millions of representatives might turn into disillusionment and the sense of inequality for much of the population of Ukraine.
4. The Law is not based on any stipulated or real calculations of state financial and economic expenditures on its implementation. Such a declarative character of obligations of the state may turn into people?s disappointment and bear destructive consequences.
5. The Law is to be thoroughly studied in terms of its compliance to the requirements of the European Charter for Regional or Minority Languages and the text of the European Council Explanatory Report to it. De jure, such compliance to the international and legal obligations of Ukraine will ensure the legitimacy of the law not only in the eyes of millions of Ukrainian citizens, but also before the European legal and political institutions.
"Being aware of your concerns about the situation in connection with the adoption of this law which is far from being perfect, as well as your commitment to its reasonable settlement I ask you to encharge the Cabinet of Ministers of Ukraine (in case the law is signed) to:
- immediately develop and submit a nationwide program on the Ukrainian language development as a state language providing its intense financing in 2012 and thereafter;
- workout the project on development and the use of languages in Ukraine.
The consideration and submission of such documents to the Verkhovna Rada to be considered during the first plenary week of September 2012 would stabilize social and political situation and neutralize the use of language issues in the political in-fighting that is inevitable during any election campaign", V.Lytvyn noted.
The draft Law "On the Use of Languages ??in Ukraine", memorandum of law "On the Issue of Ukraine's Ratification of the European Charter", as well as suggestions regarding elimination of inconsistencies and inaccuracies in the adopted language law, according to the article 131 of the Rules of Procedure of the Verkhovna Rada of Ukraine, were prepared by the Chairman of the Verkhovna Rada of Ukraine and attached to the letter to the President of Ukraine.
Information: according to clause 9 article 131 of the Rules of Procedure, in case the Verkhovna Rada rejects of all the suggestions submitted by the Chairman of the Verkhovna Rada he is obliged to sign previously submitted text of the law.