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HUMAN RIGHTS IN UKRAINE

July 16, 1990 Supreme Council of Ukraine has ratified the Declaration of the State Independence of Ukraine, which has proclaimed "the state independence of Ukraine is priority, independence, completeness and unity of the authority of the Republic in its territorial borders and independence and equality in external relations". In the Declaration there was stressed the equality of all citizens of the republic irrespective of origin, social and property status, race and nationality, sex, education, language, political sights and religion, profession, place of residing and other circumstances.

December 25, 1991 Ukraine has joined the Optional Protocol and International Pact on Civil and Political Rights.

But, unfortunately, having ratified these important international agreements, Ukraine its own internal legislation has not been put in conformity with the named agreements.

For example in Section of the International Pact on Civil and Political Rights it is said, that the person has the right to life, which is protected by the law. But in our state capital punishment is still used. This kind of punishment is preserved in the the new Criminal code draft.

Ukraine ratified 45 important international conventions, has participated in preparation and acceptance of more than 60 resolutions, declarations, pacts, conventions, agreements and other documents, which impose particular international obligations on member countries. Besides the above mentioned international documents, Ukraine ratified the International Convention on Liquidation of All Forms of Race Discrimination, the International Convention on Termination of Apartheid Crimes and Punishment for Them, Convention Against Apartheid in Sport, Convention on Liquidation of All Forms of Discrimination of Women. It testifies a certain level of development of legal culture, that will allow the state to enter the world community.

POLITICAL RIGHTS AND FREEDOMS IN UKRAINE

The adoption at the end of 1989 by the Supreme Council of Ukrainian SSR of the Law "On Elections of National Deputies", in which the elections on the alternate basis stipulated, was the first step on a way to creation of democracy in Ukraine. Despite obvious defects of that Law, as granting of a unique opportunity to the Communist party to interfere in the process of elections.

The republic received a new Parlament, which has on August 24, 1991 adopted the Act declarating independence of Ukraine. The Supreme Council of Ukraine has ratified the laws "On public and local referendums", "On elections of president of Ukraine", "On public associations". The preconditions for participation of the person in state and public life, for influence on activity of different state bodies and public associations of political direction; participation in the formation of representative bodies of state power and local authorities; creation and participation in the activity of public associations.

In 1991 there was conducted a referendum, which gave an opportunity to citizens to express their attitude to independence of Ukraine. The elections of president of Ukraine, which were conducted on December 1, 1991 on the alternate basis, were free and democratic. People chose Leonid Kravtchuk. But already in the mid-1992, as the consequence of an economic policy discontent began to grow (there was made an attempt to collect 3 million of signatures with the requirement advance to re-elect Supreme Council and the president of Ukraine).

An important step on the way to construction of a democratic state was an acceptance on March 6, 1992 the Law "On cancellation of criminal punishment in a kind of the exile and banish".

At the end of 1993 the Supreme Council accepted the Law "On entrance - departure", which is certainly a step of our legislation ahead. Unfortunately, this project does not contain precisely developed political gears of realization of the right of citizens to departure and entrance to Ukraine. Some thesis of the project are directed on legal fastening of the existing situation.

February 4, 1994 the Law "On the legal status of foreigners" was adopted, it defines the legal status, fixes the main rights, freedoms and responsibility of foreign citizens, as well as those of persons without citizenship, which live or temporarily stay in Ukraine, and defines the order of consideration of questions, connected with departure or entrance to country.

SOCIAL AND ECONOMIC RIGHTS.

Ukraine among the first 20 states, ratified the International Pact on Economic, Social and Cultural Rights (three years before the input of the Pact in to action).

But most of the already declarated by Ukraine social and economic rights are not provided. Our country now can't provide citizens with certain life standard.

In 1990-1993 the Supreme Council accepted some laws, which should become the guarantor of social protection of the population: the laws "On the Status and Social Protection of Citizens Damaged as a Consequence of Chernobyl Accident", "On Employment of the Population", "On the Bases of Social Protection of Invalids", "On the State Help to Families with Children" etc. But in practice these laws were not realized.

A characteristic feature of the modern social and economic situation in Ukraine is constant decrease of the level of life of the majority of the population, which is under pressure of inflationary processes and recession of manufacture.

Today mass misery of the population is the factor, which considerably influences the formation of consciousness of people, of their attitude to updating of society. The success and the prospects of reforms in Ukraine depend on whether the existing political parties and movements will manage to ensure social support of reforms. The experience of the last years testifies that conditions for occurrence and constant reproduction of subjects of a market economy are extremely slowly created, and they are deformed by the crisis phenomena in our economy.

The second president of Ukraine - Leonid Kuchma tried to stabilize economic situation, but it seems that he failed. Now Ukrainian economy is a market economy due to reforms of the last three years. It seems to be a great success but it is not a great success because now it's clear that nobody can stop the catastrophic recession of manufacture.

The growth of indiffirence of social layers testifies to formation rather specific relations between authorities and population - relations of parallel existing and non-interference.

Among economic rights of the person the central place takes the right to property. Unfortunately and so far legislation has no norms of equal and reliable protection of the property of all subjects of economic activity. Diffirent norms concerning the property are contradicting each other.

FREEDOM OF VOICE

Today in Ukraine a distribution of separate periodic editions is forbidden. It is done by local representative authorities, infringing the legislation.

Despite the existence of the laws about the information, press and TV, the access of journalists to the primary sources still remains problematic, and sometimes - impossible, if it touchs interests of the officials.

There are a lot of examples such as the accident with the famous TV program. Broadcast of one of its releases was prohibited by the Supreme Council despite the legislation because of a scene in Parliament. And there are a lot of journalists which insult officials and famous persons. This situation witnesses the low level of culture of our journalists and deputies.

Freedom of voice in Ukraine has not reached an appropriate level yet. Real freedom of word is possible only with the conformity of the whole current legislation with international norms and creation of state gears of regulation.

CONCLUSIONS

The creation of the united legal space in Europe imposes on Ukraine new, difficult obligations to edit the norms of the legislation, coordination of rules of judicial practice with the existing universal and regional agreements. Development of normative base and gears of its realization in the international right considerably advances appropriate Ukrainian parameters of all directions. Therefore it is necessary to update the legislation up to a modern european level. All european international legal system is generated as a system of protection of human rights. Meanwhile the legislation of Ukraine is a system of protection of interests of the state.

Ukrainian Constitution should guarantee, instead of declare the right to life, freedom of voice and free realization of it, to ideological, religious and cultural freedom, freedom to participate in political life and management, right to strike, right to property indemnification of moral losses, caused by illegal actions of state bodies, officials, right to leave the country and to come back to it and so on. The named rights are new for Ukraine and are usual for world practice.

The problem of human rights in Ukraine is difficult, multiplan.

Serious work on adaptation of the current legislation to principles and norms of the international legislation is carried out. You have paid attention how frequently at disputes the national deputies refer to articles of this or that international agreement. Today they do not practically consider bills, if they mention rights of citizens and have not previously passed the examinations of international experts.

In case of especially difficult bills, for example on citizenship, they address or may addreaa an appropriate structure of international organizations and, especially, UNO with the request to grant the consulting help at preparation of the legal act.

All the already adopted acts are now being analized for their conformity to the international standards and international obligations of Ukraine. There are enough frequently accepted laws on amendments and additions to the acting laws.

Before the Declaration of Independence we had not any periodic editions, directly devoted to the questions of human rights. Today more than ten of periodic editions are devoted to this theme. National and international conferences, round tables, seminars etc. are devoted to the questions of human rights.

There is much work to do but now we have a few results.

RESUME

Ukraine has a lot of problems now. One of them is the situation in human rights sphere. Many international pacts, agreements and conventions on human rights and freedoms were signed. There was considerably improved the integration of Ukraine in the international right-defence gear, real steps to increase the warranties of fulfillment of international obligations in human rights sphere were made.

But it is insufficient. The infrigments of human rights by state bodies and officials are numerous. Common to the international practice norms are unknown in Ukraine (or regulary abused). The already declared rights can not be supported because of the global economic crisis.

Today mass misery of the population is the factor, which considerably influences the formation of consciousness of people, of their attitude to updating of society. The success and the prospects of reforms in Ukraine depend on whether existing political parties and movements manage to ensure social support of reforms. The experience of the last years testifies that conditions for occurrence and constant reproduction of subjects of a market economy are extremely slowly created, and they are deformed by the crisis phenomena in our economy.

The human rights are infriged in Ukraine and there is nessesity to refer to international orgsnizations for defence of human rights and freedoms.

Today the international gear of protection of human right acts within the UNO frameworks. One of such UNO bodies is the Human Rights Committee.

The Committee considers the received complaints and offers the countries to give an explanation. After the confidential consideration of the case and explanations or applications of the countries the Committee notifies on consequences of the discussion the interested person and country on which complaint was sent.

There is the an important requirement: The Committee considers such a complaint only when all national opportunities of legal protection were used. So in Ukraine the person should address for the protection of rights to the court and only after the decision of the national court, and in case of the appeal after the decisions of supreme judicial instances, it is possible to refer to the Human Rights Committee.

It's a pity but competence of this committee (and other UNO bodies as well) is largely stopped.

The problem of human rights in Ukraine is difficult, multiplan.

Serious work on adaptation of the current legislation to principles and norms of the international legislation is carried out. Today deputies do not practically consider bills, if they mention rights of citizens and have not previously passed the examinations of international experts. We have to do a lot to make our state a really democratic and legal one.

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