192. In his reply,
the representative
of the State party noted that there were
a number of discrepancies between the respective
legislation
and Constitutfons
of the Republic6 and those of the USSR, which were the subject of negotiation6
aimed at finding mutually
acceptable solutions.
The Supreme Soviet of the
USSR had recently
decided that the powers entrusted by the Republios to the
USSR had to be more clearly
defined.
The Declaration
on State Sovereignty,
whioh represented the Republic'6 intention
to conduct it6 own 6tate. economic
and political
life on the basis of specific
principles,
wa6 to be incorporated
The law on the procedure6 for secession
from the
into the new Constitution.
USSR had been adopted on 3 April
1990, and, on its entry into force, an order
of the USSR Supreme Soviet had been promulgated providing
for the holdPng of
referendums in the Republics.
If the question of resorting
to article
69 of
the Constitution
ever actually
aroBe, there would not only be a call for a
referendum but also a great deal of publicity,
since the issue affected
the
fate of all the people,
193. The new Constitution
would contain a norm
giPing priority
to the
Republic'6 international
treaty obligations,
including
those stemming from the
Covenant.
TreatLes would not be directly
incorporated
into domestic
legislation,
but it would be possible to refer to them in the courts.
The
primacy of international
law over national law was already recognieed.
The
treaty establi6hed
Civil Code, for exemple, provided that if an international
rule6 that differed
from those in Soviet civil
legislation,
the rules of the
treaty would apply.
The decision by the authorities
of the Ukrainian SSR in
April 1989 to remove
reservation6
regarding the recognition
of the
jurisdiction
of the International
Court of Justice represented a first
6tep
toward6 improving the implementation of its commitment6 regarding
international
monitoring.
194. Under section 31-A of the Code of Civil Procedure of the Ukrainian SSR,
citizens
could complain not only against actions of individual
official6
but
also against those of collegiate
bodice.
The Supreme Soviet had recently
taken direct
responsibility
for monitoring the protection
of Citixen6'
right6
through the consideration
of complaint6 relating
to the activities
of the
The Supreme Court of the Republic wa6 re6pOn6ible for
various 6tate organs.
hearing individual
ca6e6 of violation6
of citieens'
rights,
while the
Constitutional
Court wa6 empowered to rule on the constitutionality
of the
Accession to the Optional Protocol would require the
law6 themselves.
agreement of all government and legislative
bodies which, it wa6 hoped, would
be forthcoming in the near future.
The result of the Committee'6
consideration
would be reported to the Human Rights Commission and to the
public, thus encouraging further
attention
to human right6 i66uss.
Within the
Republic’s multi-party
6y6temr
the Communist Party expressed its view6 in
Parliament on & pluralistic
basis.
The concept6 of socialist
democracy and
socialist
centralism were characteristic
of the class approach that had long
In the new Constitution,
the concepts of
been followed in the country.
legality
and democracy would be applied without qualifying
them
with the term
“socialist”,
de195. With reference to that issue, member6
of the Conunittee wished to know
whether the validity
of any enactxnents of the USSR Council of Ministers
or of
USSRMinistries
had been actually
suspended by the Supreme Soviet of the
-47-
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