by Ilona Lewyckyj
LVIV \u2013 The hardships of her life were
carved into the creases of her face. A
homemade tattoo of an eagle, scrawled
crookedly on her shoulder, spoke to the
rawness of her life in prison. But the
words she rasped between drags of a cig-
arette told a different story, a story of
hope: \u201cBefore I came here I had nothing,
no one. This is my family now, this is my
new life.\u201d
Halya is one of 40 residents at the
Shelter for Social Adaptation in the town
of Brody in the Lviv oblast. Founded in
1991 by Ihor Hnat, executive director of
the Regional Center for Social
Adaptation (RCSA), the mission of the
shelter is twofold: to provide housing,
counseling, and a viable alternative to
life on the streets to former prison
inmates, particularly young people with-
out family support; and the reduction of
recidivism in Ukrainian prisons through
job skills training and social program-
ming.
In the past 12 years, RCSA has been
part of the story of hope for Halya and
over 700 other former convicts.
RCSA\u2019s shelter, situated on a former
Soviet military base, is the only program
in Ukraine that works with former prison
inmates. The majority of the residents are
people whose only method of survival
during Ukraine\u2019s difficult economic tran-
sition was through petty crime. Many of
them served disproportionately harsh
terms in Ukrainian prisons, which are
continually cited by international moni-
toring groups for human rights viola-
tions. Afterwards, they are released onto
the streets, usually with no family sup-
port and nowhere to turn. Consequently,
one in every three people convicted of a
crime in Ukraine returns to prison for
other crimes.
By contrast, RCSA has only a 5 per-
cent rate of recidivism. Its model of suc-
cess is simple: as long as residents agree
to work during their stay and follow the
three rules of no drinking, no drug use
and no stealing, they are free to remain at
the shelter until they are ready to re-enter
society.
The residents can alternate working in
the shelter\u2019s bakery, kitchen and gardens
to produce their own food, as well as
working on neighboring farms in
exchange for goods and services. They
can train to become certified welders or
auto mechanics in RCSA\u2019s job-training
programs. They live peacefully in a com-
munity of men and women in which
everyone works, everyone shares what
they have and everyone supports each
other\u2019s struggles to change their lives.
This combination of hard work to sat-
isfy daily needs, living with others in a
setting of mutual trust and respect, and
being trained with tangible, marketable
THE UKRAINIAN WEEKLY
SUNDAY, JANUARY 11, 2004
2
No. 2
Editor\u2019s note: The analysis below was
written before the Verkhovna Rada on
December 24, 2003, passed in its first
reading one of three bills on amending
the Constitution of Ukraine. A total of
276 deputies voted in favor of a bill co-
authored by Communist leader Petro
Symonenko and Viktor Medvedchuk,
presidential chief of staff, which would
make 2004 the last year that popular and
direct presidential elections are held in
Ukraine, instead giving this prerogative
to the Parliament. The following analysis
provides pertinent background that is
crucial for an understanding of the issues
and forces at work.
by Jan Maksymiuk
RFE/RL Poland, Belarus and Ukraine Report
The Verkhovna Rada is scheduled on
December 23 to consider three political-
reform bills that were drafted to intro-
duce crucial amendments to the
Ukrainian Constitution of 1996.
According to a majority of Ukrainian
observers, one bill, registered in the
Parliament under No. 3027-1 and
authored by an ad hoc parliamentary
commission (which included opposition
activists Oleksander Moroz and Anatolii
Matvienko), stands no chance of being
approved.
The real parliamentary debate is
expected to focus on bills No. 4105 (pre-
pared by the presidential administration
headed by Viktor Medvedchuk and pre-
liminarily approved by Communist
leader Petro Symonenko, and therefore
referred to as the Medvedchuk-
Symonenko draft) and No. 4180 (pre-
pared by a group of pro-presidential law-
makers, the so-called Havrysh draft).
The Medvedchuk-Symonenko and
Havrysh bills propose that the president
be elected by Parliament instead of by
direct ballot, but they differ in their sug-
gested dates of implementation of such a
move. The Medvedchuk-Symonenko bill
wants the president to be elected via uni-
versal ballot in October 2004 and serve
until the new president is elected by the
Verkhovna Rada in 2006, within a month
after the inauguration of a newly elected
legislature. Since the regular parliamen-
tary election is expected by the end of
March 2006, such an \u201cinterim president\u201d
would serve for some 18 months.
The Havrysh bill proposes that the
Parliament elect the president already in
October 2004, the current Verkhovna
Rada\u2019s term is extended by one year, and
the new president is elected again by
lawmakers in 2007.
The Medvedchuk-Symonenko bill was
reportedly supported by the signatures of
292 lawmakers (300 votes are necessary
to change the Ukrainian Constitution).
Ukraine\u2019s Constitutional Court recent-
ly ruled that both bills conform with
Articles 157 and 158 of the Constitution
of Ukraine, which set a number of gener-
al restrictions on constitutional amend-
ments.
The procedure for amending the
Constitution by the Verkhovna Rada
requires two steps. First, the amendments
need to be approved \u201cin the first reading\u201d
by a simple majority (at least 226 votes).
Second, they must be approved by a two-
thirds majority (at least 300 votes) at the
legislature\u2019s next regular session. Thus, if
the Verkhovna Rada wants to apply new
rules to the October 2004 presidential
election, it must endorse either the
Medvedchuk-Symonenko bill or the
Havrysh bill (or both of them, or a mix of
the two) by at least 226 votes on
Decembe 23, before its winter-holiday
recess.
The mustering of 226 votes for the
Medvedchuk-Symonenko draft by the
pro-presidential parliamentary majority
seems to be an easy task, since the
Communist Party is essentially in favor
of strengthening the parliamentary pre-
rogatives at the expense of presidential
ones. The Communists are offering their
support to the constitutional reform in
exchange for the introduction of a fully
proportional, party-list system of parlia-
mentary elections.
What else may change in Ukraine\u2019s
political system apart from the way of
electing the country\u2019s president if the
Medvedchuk-Symonenko bill is adopted
in its current form?
The president\u2019s right to propose the
entire Cabinet of Ministers will be limit-
ed to four officials: prime minister,
defense minister, foreign affairs minister,
and head of the Security Service. The
prime minister will propose all other
Cabinet members, as well as the heads of
state committees. The prime minister will
also nominate all regional governors. The
Parliament will be given the right not
only to approve Cabinet members and
other high-ranking officials, but also to
dismiss them.
The president will receive the right to
dissolve the Parliament if it fails to form
a pro-government coalition within 30
days, form a Cabinet within 60 days,
elect a president within three months, or
convene for more than 30 days during the
ongoing session.
A people\u2019s deputy may be stripped of
his/her parliamentary mandate if he/she
fails to participate in plenary sitting for
more than 60 days, quits the caucus of
the party that placed him/her on the bal-
lot, or fails to suspend his/her salaried
activity outside the Parliament.
There is little doubt that the constitu-
tional reform was primarily devised by
the presidential administration either to
prevent Our Ukraine leader Viktor
Yushchenko \u2013 the country\u2019s most popu-
lar, Western-oriented politician \u2013 from
becoming the president in 2004 or to
limit his possible presidential term to a
year and a half.
The presidential administration is
seemingly aware that none of the poten-
tial candidates from the \u201cparty of power\u201d
\u2013 be it Prime Minister Viktor
Yanukovych, presidential administration
chief Viktor Medvedchuk, or National
Bank of Ukraine Chairman Serhii
Tyhypko, for instance \u2013 is able to beat
Yushchenko in a nationwide presidential
ballot.
On the other hand, President Leonid
Kuchma and his aides turned out to be
masters of backstage maneuvering when
after the 2002 parliamentary election,
which was won by Our Ukraine, they
managed not only to form a fairly viable
pro-government coalition without the
Communists, but also to reduce the role
of Mr. Yushchenko\u2019s bloc in the
Verkhovna Rada to that of political
extras. Apparently, the presidential
entourage expects that it will be able to
retain its current leverage in the country
THE UKRAINIAN WEEKLY
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The Ukrainian Weekly Archive: www.ukrweekly.com
The Ukrainian Weekly, January 11, 2004, No. 2, Vol. LXXII
Copyright\u00a9 2004 The Ukrainian Weekly
Jan Maksymiuk is the Belarus,
Ukraine and Poland specialist on the
staff of RFE/RL Newsline.
(Continued on page 50)
Ukraine faces radical changes
in its constitutional system
Regional Center for Social Adaptation
strives to give former inmates hope
NEWS ANALYSIS
(Continued on page 51)
Ilona Lewyckyj is a master\u2019s student of
human rights at the School of
International and Public Affairs at
Columbia University. She has worked
with RCSA and with Winrock
International in Kyiv on the prevention
of sex trafficking.
A social worker at the Regional Center for Social Adaptation helps a resident fill
out legal forms.
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