Article title The Status of Ukrainian as the State Official Language: an Attempt to Eliminate the Completion of the Constitutional Consolidation Process
Authors

Doctor of Laws, Professor, Professor of the Department of History of Law and State Taras Shevchenko National University of Kyiv (Kyiv, Ukraine) ORCID ID: https://orcid.org/0000-0002-4968-9844  z0609@ukr.net

 

Doctor of Laws, Associate Professor, Docent of the Department of Constitutional Law Taras Shevchenko National University of Kyiv (Kyiv, Ukraine) sybiga@gmail.com

 

Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 12/2019
Сторінки [246-257]
DOI https://doi.org/10.33498/louu-2019-12-246
Annotation

This article, which is hereby offered to the general public, has emerged as a response to the years-long confrontation between those who hold to the view that Ukrainian should be granted the status of the State official language, and their political opponents. Based on the published text of the constitutional application dated April 23, 2019 submitted to the Constitutional Court of Ukraine by 51 People's Deputies of Ukraine who questioned the constitutionality of some provisions contained in the Law of Ukraine “On Ensuring the Functioning of Ukrainian as the State Official Language” (Law No. 2704-VIII), the author made a constitutional and legal analysis of the disputed provisions of the said Law as compared with the Constitution of Ukraine.

The purpose of the article is to provide legal substantiation for the position regarding compliance of certain provisions of Law No. 2704-VIII, which legislatively ensured the functioning of Ukrainian as the State official language, with provisions of the Constitution.

The constitutional application was triggered by certain provisions of Law No. 2704-VIII regarded by those who submitted the constitutional application s discriminating the Russian-speaking citizens on the grounds of language. Furthermore, the authors believe that the rights of the Russian language are significantly violated in the sense that the document gives priority to the Crimean Tatar language as the language of the indigenous people, and also English and other languages of the European Union, despite the fact that Ukraine guarantees free development, use and protection of the Russian language and other languages of national minorities.

It is argued that the legislator, in adopting Law No. 2704-VIII, did not violate the basic provisions of the Constitution in terms of ensuring the rights of indigenous peoples, national minorities of Ukraine, in particular, the Russian-speaking part of the population. The article regards as manipulative the statistical data provided by the constitutional application’s authors about the facts related to the number of native Russian speakers, the quantitative composition of nations and nationalities residing within the territory of Ukraine, and the number of representatives of the largest ethnic minority.

It is indicated that there is no direct link between national identity and the language used. It is concluded that the adopted Law No. 2704-VIII does not discriminate on the grounds of race, skin color, political, religious and other beliefs, gender, ethnic and social origin, property status, place of residence, as well as on the grounds of language, or other grounds.

 

Keywords the Constitution of Ukraine; the State official status of the Ukrainian language; national minorities; indigenous peoples; the Constitutional Court of Ukraine; constitutional application; People's Deputies
References
Electronic version Download