NGOs in Ukraine: overview of the constitutional legislation (2 hours).

1. The history of NGOs in Ukraine.

2. Constitution of Ukraine and NGOs. The Law of Ukraine ‘On Civic Associations’ (1992).

3. The Constitutional Court’s decisions on NGOs in Ukraine.

4. The basics of the constitutional status of NGOs in Ukraine.

Keywords:

Branch of law, constitutional law, NGOs in constitutional law, constitutional status.

Documents to be analyzed:

Constitution of Ukraine. Chapter XI. Available at: http://www.mfa.gov.ua/data/upload/publication/mfa/en/159/constitutioneng2.doc

Law of Ukraine ‘On Civic Associations’ (1992). Available at: http://www.legislationline.org/documents/action/popup/id/7132

Decision of the Constitutional Court of Ukraine as of June 12, 2007 no. 2-rp/2007 as to the conformity with the Constitution of Ukraine (constitutionality) of the provisions of Articles 10.1, 11.2.3, 11.5, 11.6, 15, 17.1, 24, and item 3 Chapter VI " Final Provisions” of the Law of Ukraine "On political parties in Ukraine" (case on establishing political parties in Ukraine)

Decision of the Constitutional Court of Ukraine #18-rp/2001 (December, 13, 2001) compliance with the Constitution of Ukraine Article 2.4, Article 6.2, Article 10.1, and Article 10.2 of the Law of Ukraine "On youth and children non-government organizations" (case on youth organizations).

Decision of the Constitutional Court of Ukraine no. 11-рп/2000 (October, 18, 2000) Constitutionality of Articles 8, 11, 16 of the Law of Ukraine “On Trade Unions, Their Rights and Guarantees of Their Activities” (case of freedom of organization of trade unions).

Questions:

1. Name the historical periods of the development of NGOs in Ukraine.

2. Name the elements of the constitutional status of NGOs.

3. Work on your student’s portfolio.

Student’s Portfolio – chapter 3: Present the accurately and neat typed or written chapter in a single folder before the beginning of the seminar. 1. Give the definition of the constitutional status of NGOs. 2. Analyze one of the decisions of the Constitutional Court of Ukraine (the professor will divide the group in a way, that 1/3 will read one of the decisions: # no. 2-rp/2007 (June, 12, 2007), #18-rp/2001 (December, 13, 2001) and #11-рп/2000 (October, 18, 2000); please be sure you know which decision to analyze, or consult the head of the group). Write down: - the problem that was solved by the Constitutional Court (1-2 sentences); - the final decision of the Court (1-2 sentences); - the arguments of the Court (2 arguments that seems to be the most persuasive for you); - your position – do you agree or disagree with the decision. 3. Write the annotation of the research Article, which follows (approx. 200- 300 words). Annotation of the research Article should include: author, title, main ideas and arguments.

The research Article to be annotated:

NGO Development in Ukraine since the Orange Revolution

Author(s): Susan Stewart

Source: http://www.peterlang.eom/Index.c fm?vlD=58889&vLang--'E

Introduction [1]

The Orange Revolution focused world attention on Ukrainian civil society. Indeed, it at first appeared that the 2004 events cemented Ukraine's reputation as a European nation, since the country's pro-European choice was vividly and clearly manifested. While some observers concluded that civil society must be relatively well developed in Ukraine in order to generate the momentum necessary for the revolution, others pointed to a variety of factors leading to it, thus qualifying the role played by civil-society actors. Although research on the origins and consequences of the revolution is still ongoing, it is nonetheless appropriate to take stock of civil-society development since the event and to inquire into the achievements and difficulties of the NGO sphere in particular and the role of external actors such as the EU in its evolution.

This chapter will focus primarily on the role of non-governmental organizations (NGOs) for a variety of reasons. It is clear that these organizations are not identical with civil society as a whole, which is a much broader concept (see Schade 2002). NGOs are important because they are a) a relatively new component of Ukrainian civil society, b) intricately connected to external actors and c) in principle capable of participating in policy processes. We are primarily interested in exploring the political role NGOs can play in contemporary Ukraine. as the influence of civil-society organizations on the political sphere arguably represents one aspect of Europeanization. Therefore, following a preliminary overview of the NGO sphere, the emphasis will be on those organizations that are or attempt to be involved in the political process, be it on a local or national level.

Although NGOs are a new development in Ukraine, they do have historical roots, which will be traced briefly in the first section of the chapter. Then an overview of civil society in the country will be presented, followed by an in-depth analysis of the activities and problems of politically oriented NGOs. This section will explore relationships with donors, the political and legal context for NGO development, and the internal evolution of the NGO sphere. Finally, we draw some conclusions regarding the role and contributions of NGOs in Ukraine since the Orange Revolution and their prospects for future development. The analysis is based on both Ukrainian and western investigations of civil society evolution in Ukraine, well as on a series of interviews with government officials, NGO activists and external actors in Kyiv in February 2008[2].

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