Ukraine celebrates Constitution Day: Why it's unique and what's forbidden to change?
Ukraine marks Constitution Day on June 28 to mark the occasion of its approval in 1996.
This public holiday is
unique as it is the only one enshrined in the Constitution.
"The day of the adoption of the Constitution is a public holiday — Constitution Day in Ukraine," Article 161
says.
The day is regularly marked as a holiday, but as all public holidays have been canceled under martial law in Ukraine, Consitution Day 2024 is a regular working day.
This year Ukraine's Constitution turns 28 years old. 315 Verkhovna Rada deputies voted for its adoption shortly after 9:00 a.m. EET on June 28, 1996.
This was
preceded by the famous constitutional night: the Council worked on the final
version of the Constitution all day on June 27 and overnight on June 28.
The document entered into force the day it was adopted and replaced Soviet Ukraine's 1978 Constitution, which Ukrainians lived under for the first five years of independence (1991-96).
The current Ukrainian constitution contains 14 chapters, though the last chapter (Transitional Provisions) is numbered 15 as Chapter 7 (Prosecution) was excluded by the Law of Ukraine on Amendments to Ukraine's Constitution (Regarding Justice).
Many state-building principles that are vital for Ukraine were established in its preamble, including:
• The right of the
Ukrainians to self-determination
• Ensuring human
rights and freedoms and decent living conditions in Ukraine
• Confirmation of the
European identity of the Ukrainian nation
• The irreversibility
of Ukraine's European and Euro-Atlantic course
• Developing and strengthening of a democratic, social, and legal state
Ukraine’s Constitution also enshrines a strict procedure for introducing changes and amendments, requiring at least two-thirds of Council votes.
It is not possible to
introduce changes that cancel or limit the rights and freedoms of a person and
a citizen, are aimed at eliminating independence, or threaten the state’s territorial
integrity.
The Constitution cannot
be changed during a state of war or emergency.
In his address on the first Constitution Day following Russia's full-scale invasion of Ukraine, Ukrainian President Volodymyr Zelenskyy called the Constitution "a point of development that we have reached as a state and society over our history."
Ukrainians feel the
need to "protect norms", including constitutional norms, he
noted.
"We know what ‘democracy’ means ... We have the right to protest, meetings and demonstrations — this is a constitutional article, while for others it is something criminal."
"They have become
truly vital and urgent for Ukrainians: words about the right to life and
freedom, honor and dignity, about the value of our land. No one in the country
needs to explain the meaning of the word ‘sovereign’ anymore. No Ukrainian will
ever again perceive the rights and freedoms enshrined in it as something simply
granted. Today we are fighting to be free, sacrificing our lives."
The predecessor to the 1996 Constitution is the 1710 document known as the Pylyp Orlyk Constitution, the first modern European constitution.
It provided for a free, independent state in Europe based on the people's natural right to freedom and self-determination. The document defines the concept of free people, the foundations of democracy and justice, as well as anti-corruption and social principles.
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