Language Law of Ukraine in the Light of European Language Charter

Oleksiy Kurinniy

The Aims of the Research are to:• trace the way of establishing and developing the

system of national language law in Ukraine• distinguish the features of modern “authentic”

Ukrainian system of language rights protection• systemize the variety of Ukrainian legal acts,

proposing the model of their coordination• show the differences and controversies in legal

regulations, principles, terminology and thresholds established for minorities

• advise doctrinal recommendations for the possible ways of Charter implementation and coordination of it’s norms and terminology with Ukrainian acts

Periodization of language law adoption process (terminology changes are in brackets)

• 1989 – 1992 – Establishing the principles and terminology (“national languages”)

• 1996 -1999 – Constitutional establishing and strengthening the modern Ukrainian language law (“languages of national minorities”)

• 2002 – 2008 – implementing the norms of art. 10 of the Constitution into procedure acts

• 2010 -? – attempts of transforming language law, limiting the usage of the state language, formally with the aim of implementing the Charter (“regional or minority languages”)

1989 – 1992 - Establishing the principles and terminology

• Law of Ukraine of 28.10.1989 № 8312-XI On Languages in Ukrainian SSR

• Declaration of State Sovereignty of Ukraine of 16.07.1990

• Declaration of the Rights of Nationalities of Ukraine of 01.11.1991

• Law of Ukraine of 25.06.1992 № 2494-XII On National Minorities in Ukraine

1996 -1999 – Constitutional establishing and strengthening the

modern Ukrainian language law• The Constitution of Ukraine of 28.06.1996 (art. 10, 11,

53)• Law of Ukraine of 23.12.1998 № 350-XIV On Approval

of the Constitution of Autonomous Republic of Crimea• The Constitutional Court decision of 14.12.1999 (on

the usage of state language)• Law of Ukraine of 09.12.1997 № 703/97-В On

Ratification of the Council of Europe Framework Convention for the Protection of National Minorities

2002 – 2008 – implementing the norms of art. 10 of the Constitution into procedure

acts

• Article 3 of The Commercial Procedural Code of Ukraine (2001)• Law of Ukraine of 07.02.2002 № 3018-III On Judicial System of

Ukraine (Art. 10)• The Civil Procedural Code of Ukraine of 18.03.2004 № 1618-IV

(Art. 7)• The Code of Administrative Proceedings of Ukraine of

06.07.2005 № 2747-IV (Art. 15) • The Constitutional Court decision of 22.04.2008 (on the

language of judicial process) • Law of Ukraine of 15.05.2003 № 802-IV On Ratification of

European Charter for Regional or Minority Languages

2010 – the attempts of transforming language law, limiting the usage of

the state language

• The Constitutional Court decision of 02.02.2010 (on the language of instruction usage in educational Institutions )

• Law of Ukraine of 07.07.2010 № 2453-VI On the Judicial System and Status of Judges (Art. 9)

• Draft Law of Ukraine “On Languages in Ukraine” of 07.09.2010 № 1015-3

System of national language acts in Ukraine (legal effect and importance)• Constitution of Ukraine, 1996 (art. 10, 11, 53)• The Constitutional Court decision of 1999• Law of Ukraine of 28.10.1989 № 8312-XI On

Languages in Ukrainian SSR • More than 30 legal acts with language rulesAuxiliary declaration acts (rules and notions):• Declaration of State Sovereignty of Ukraine of

16.07.1990 • Declaration of the Rights of Nationalities of

Ukraine of 01.11.1991

Principles and statements of Ukrainian language protection system

• The “Ukrainian-only” principle: Ukrainian as the only state (official) language

• Constitutionally stated possibility of affirmative actions in favor of Ukrainian (art. 10, 11 of Ukrainian Constitution)

• General obligatory usage of state Ukrainian language and specific dispositive usage of minority languages

• Similarities in norms, terminology, thresholds between language and minority protection acts – orientation on national minorities

• The language rights of minorities are protected, neither languages by itself, nor linguistic groups’ collective rights

• The opportunity for people, who don’t know Ukrainian – to communicate with officials in their own language (Law of 1989, art.5)

• The opportunity for minority languages official usage in the territories of national minorities’ numerical domination

Features of Ukrainian language lawas a system of legal acts in Ukraine

• Vagueness of the most important acts• Similarities in norms, terminology, thresholds

between language and minority protection acts• Terminology problems and controversies• Orientation on national minorities, not on the

linguistic minorities

Terminology: Objects of legal protection in Ukrainian language law• National languages - Declaration of the Rights of

Nationalities of Ukraine of 01.11.1991; Law of Ukraine of 28.10.1989 № 8312-XI On Languages in Ukrainian SSR

• Other languages of Ukrainian population - Law of Ukraine of 28.10.1989 № 8312-XI On Languages in Ukrainian SSR

• Languages of national minorities – Constitution of Ukraine and almost all Ukrainian national legal acts

• Regional or Minority Language – European Charter for Regional or Minority Languages, Law of Ukraine of 07.07.2010 № 2453-VI On the Judicial System and Status of Judges (Art. 9)

National legal system vs. Charter: Advantages comparison in lang.

sphereLegal acts about language and

minority rights in Ukraine, 1989 - 1992:

Broader circle of minority protection rules, more universal protection (+)

Official public usage of non-state language is possible if national minority makes the majority of region / district population (-)

Opportunity for each person of minorities to communicate with public administration officials in native language (+)

European Charter for Regional or Minority Languages, 1992:

“Non-traditional” and migrant languages are excluded (-)

Possibility to establish lower thresholds for regional status of minority language (Report of Dr. Hofmann, (+)

More detailed rules in the social, cultural, economic fields of language usage (+)

Prescriptions protecting the official language, sovereignty and territorial integrity (+)

The problems with enforcement and implementation of the Charter norms:• The political “Rusin language” question• Permanent attempts to weaken the usage of

Ukrainian in official and public spheres – on the contrary to Charter (paragr. 6 of Preamble)

• Controversies and misunderstood with norms, categories and thresholds for minorities

• An attempts of extreme broadening of Russian language usage – despite the will of the people as well as historical and political circumstances

Specific features and problems of law understanding by Ukrainian society

• Vulgarization of natural law-understanding by supporters of Russian language official status: human rights without correspondence to reality

• Sociological law-understanding - popular among “Ukrainian-only” official-status followers

Both groups are the adherents of legal positivism – direct and strict legal implementation of their will and interests in Constitution and legal acts

Provisional principles of improving the language law enforcement in Ukraine

• Rule of law, the balance of interests, the principle of proportion (between state, minority and individual interests)

• Doctrinal development and implementation of affirmative action principle for Ukrainian language

• Prescriptions of legal acts should be clear and understandable with detailed rules

• Implementing the Charter according to Ukrainian legal principles and terminology in language sphere, with the respect to Ukrainian thresholds