This article is authored by Dr. Olha Chernovol*
*Postdoctoral Fellow in the Droit Civil Section, Faculty of Law, University of Ottawa. *Fellow and Member of the Scholar at Risk Program at uOttawa Human Rights Research and Education Centre. *Member of the Royal Society of Canada College of New Scholars, Artists and Scientists.
Image: Constitution of Ukraine.
The Ukrainian legal system is distinctive and has been profoundly influenced by its historical context and geopolitical circumstances. It represents a fusion of legal traditions, primarily those of civil law systems, while reflecting specific traits derived from Ukraine's historical experiences, particularly those associated with the Soviet Union. The Soviet legal framework significantly shaped Ukraine's legal landscape, characterized by state control and centralized authority. This historical background has resulted in notable similarities between the legal systems of Ukraine and Russia, particularly concerning state governance and the critical role of the judiciary as an instrument of state power.
Since attaining independence in 1991, Ukraine sought to reform and establish a legal system that reflected its national identity and aspirations towards democracy and human rights. These reforms aimed to distance the Ukrainian legal system from Soviet-era practices, though remnants of these influences remain.
Additionally, Ukraine has undergone significant political and legal transformations that have reshaped its governance structures, and the expectations placed upon its citizens. These changes have been facilitated by legislative reforms that emphasize the legal status of individuals and align with international human rights principles. However, despite the implementation of various reforms, there remains a significant lack of comprehensive research regarding the legal duties of individuals and citizens. Experts and scholars in Ukraine frequently overlook the crucial role that these duties play in the mechanisms that uphold human rights. It is essential to recognize that the legal status of both individuals and citizens includes not only rights but also duties, as outlined in the Constitution of Ukraine. Therefore, the significance of these duties in protecting the rights of individuals and citizens is substantial. This highlights the need to view rights and duties as interconnected phenomena. However, duties are often undervalued and inadequately addressed within the context of human rights guarantees in Ukraine.
The legal framework in Ukraine is constructed around a series of laws that delineate fundamental duties, the regulations governing their implementation, and provisions for alternatives to these obligations. The Constitution of Ukraine, adopted in 1996, serves as the primary legal document that articulates the essential duties of individuals and citizens. It establishes a comprehensive framework for these duties and the principles that govern their execution, including provisions for alternatives, such as exemptions from mandatory military service for individuals based on their religious convictions (Article 35). This foundational document is further supplemented by various sector-specific laws that offer additional elaboration and clarification.
Given the specific characteristics of the Ukrainian legal system, the Constitution of Ukraine declares a broader list of legal responsibilities of individuals and citizens compared to the Constitutions of some European countries. Among these are the following: parents are mandated to support their children until they reach the age of majority; adult children have a duty to care for their disabled parents (Article 51); every individual is required to complete a general secondary education (Article 53); and individuals must refrain from harming the environment and cultural heritage, and are responsible for any damage caused (Article 66).
Moreover, citizens must also fulfill military service as stipulated by law (Article 65) and have an obligation to defend their Motherland, including its independence and territorial integrity, as well as to show respect for the state symbols of Ukraine.
The Constitution further mandates that citizens pay taxes and fees as prescribed by law and submit annual declarations regarding their property status and income to the appropriate tax authorities based on their residence (Article 67). Lastly, everyone must strictly follow the Constitution of Ukraine and its laws, respecting the rights, freedoms, honor, and dignity of others (Article 68).
These duties are stipulated within sector-specific legislation, which includes the regulations necessary for the execution of each duty. For instance, the procedures for adhering to the legal duty of tax payments are detailed in the Tax Code of Ukraine, along with pertinent tax laws and regulations. Similarly, the mechanisms for ensuring the provision of support for children until they reach the age of majority, as well as the obligations of adult children to care for their disabled parents, are articulated in the Family Code of Ukraine and relevant sectoral laws.
In short, the Constitution of Ukraine plays a pivotal role in articulating the duties and responsibilities of individuals and citizens, highlighting the need to foster a just and equitable society. The extensive list of duties underscores the importance of active citizenship and individual contributions to the common good. As Ukraine continues to navigate its legal evolution, the ongoing development of regulatory legal acts and specific sectoral laws will be crucial in ensuring that these constitutional duties are effectively implemented and enforced. Ultimately, the pursuit of a robust legal system that prioritizes individual rights while promoting communal duties is essential for Ukraine’s ongoing journey towards a stable and democratic future.
