us,
consider
complaint6
from individuals
about violation6
of their
barrier
created
constitutional
rights but, in thet regard, the psychological
by the old doctrine of state paternalism , which had encouraged people to
believe that human rights came second to the interest
of the State, would need
to be overcome. Committees of People's Deputies had been established to
ensure that new legislative
proposals were consistent with human rights and to
safeguard the rights of people who had suffered in the Chernobyl nuclear
disaster.
Efforts were also being made to publicise human right6 i66UeSr and
training
courses
were being held for persons working
in are%6 where human
right6 considerations
were particularly
relevant,
189. With regard to that issue, member6 of the Committee wished to receive
detailed
information
on the legal effect
of the Ukrainian Declaration
of State
Sovereignty of 16 July 1990, particularly
in terms of its relatiOnShip
to the
existing
Constitution
of the Ukrainian SSR and the Constitution
of the USSR.
They also wished to know the extent to which the prOViSiOn of the Covenant
had been enacted into domestic law; what measures were contemplated to ensure
consistency between the Covenant and new constitutional
or other legal
instruments;
and how the USSR Act of 30 June 1987, as supplemented by
section 31-A of the Code of Civil Procedure of the Ukrainian SSR, had actually
been implemented, what the status of the Covenant would be under the new
Constitution
and whether it would give the Covenant priority
over national law.
190. In addition,
members wished to know whether section X of the Ukrainian
Declaration
of State Sovereignty
implied any change6 in the Status of
international
law relative
to domestic legislation;
whether individuals
could
invoke the Covenant in accordance with the new Code of Civil Procedure8
whether citizens
complaining of arbitrary
action6 by official6
could appeal
directly
to a court without first
exhausting all administrative
remediesr
whether it was planned to set up special bodies to deal with human rights
issues in the Republic; what was the status of non-governmental organizationsj
what was the relationship
between the Commission on Human Right6 and the
Constitutional
Court,
on the one hand, and the Supreme Court on the other;
what measures
had been taken to disseminate information
on the rights
recognized in the Covenant: whether any special factors or difficulties
had
affected
the implementation of the Covcnantr whether the public had been
informed about the submission of the Republic'6 third periodic
report} and
whether the Commission on Human Rights had been given an opportunity
to make
any contribution
to the report.
Clarification
was also requested as to the
precise meaning of the term6 "socialist
democracy", "EOCialiSt
law and order"
and "democratic centralism"
used in the report,
the role of the Communist
Party within the Republic, and on how the right of the Ukrainian SSR to secede
from the USSR could be exercised at the present stage.
191. In connection with the recognition
by the Ukrainian SSR of the
jurisdiction
of the International
Court of Justice with regard to six
international
human rights treaties,
members wished to know whether that
recognition
would be broadened to encompass other international
treaties,
such
as the Covenant: what the implications
were for the State-to-State
dispute
settlement
procedures already in existence under some of those instruments;
whether that change in approach had any practical
implications
in terms of the
Republic's accession to the Optional Protocol;
and whether accession to the
Optional
Protocol
was in any way linked
to accession
by the USSR.
-46-
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