Constitutional lawmaking on the protection of the rights of national minorities in the West Ukrainian People’s Republic
Journal Title: Наукові записки Інституту законодавства Верховної Ради України - Year 2019, Vol 1, Issue 6
Abstract
The problem of national minorities rights protecting of over the time does not lose its relevance. For the European continent, this problem is actualized by powerful migration processes, including the influx of large numbers of irregular migrants who, over time, gain legal status in the country of residence and appeal for the protection of their national rights. For Ukraine, this problem is actualized by the aggressive actions of the Russian Federation, which tries to extradite part of the sovereign territory of Ukraine to protect the rights of the Russian-speaking national minority. It is remarkable that a similar situation took place a hundred years ago, when new states were formed on the ruins of the Russian and Austro-Hungarian empires, including the Ukrainian one. Therefore, the experience of finding legal models of securing inter-ethnic harmony and protecting the rights of citizens of different nationalities in the territory of a multinational state is interesting in the current political and legal realities. The purpose of the article is to analyze the norms on the protection of the rights of national minorities in the Constitutional Acts of WUPR. The scientific novelty is to analyze draft Constitutional Acts of WUPR as a multinational state in terms of securing the rights of national minorities and establishing a peaceful coexistence of representatives of different nationalities in one state. Conclusions. State building on West lands during the Ukrainian Revolution in the 1917–1921 was accompanied by the development of constitutional acts and other basic laws that were supposed to regulate both the basic principles of the state system and the rights and freedoms of citizens. Constitutional acts and drafts of the WUPR Basic Law, drafted by S. Dnestryansky, granted broad rights to national minorities. They included not only the right to use their mother tongue in everyday life and to teach their children, but also the right to use their mother tongue in public institutions, including the courts, in which case civil servants were required to speak three languages – Ukrainian, German and Polish, as well as the right to national autonomy and own national representation in parliament.It is significant that a number of norms proposed by S. Dnestryansky were already included in the Universal Declaration of Human Rights, proclaimed by the General Assembly of the United Nations on December 10, 1948, and other international human and international human rights instruments after the Second World War. The relevant provisions for the protection of the rights of national minorities are now guaranteed by the current Constitution of Ukraine and developed in other national laws.
Authors and Affiliations
I. М. Myshchak
Keywords
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- EP ID EP674994
- DOI 10.32886/instzak.2019.06.03
- Views 65
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