Archive for April 13th, 2017

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Ukraine to repeal all remaining Soviet legislation

April 13, 2017

It appears a hobbyhorse of the blog for many years is about to be dealt with.

In the year of the 100th anniversary of the October (Red) Revolution, the Justice Ministry is about to submit a Bill that will finally repeal all remaining domestic statute and resolutions of the Soviet era.

The Bill does not repeal or abolish any ratified international obligations entered into by Ukraine/the USSR prior to independence in 1991.  That to be fair would require some rather more delicate unpicking and perhaps otherwise unnecessary bureaucracy, legal gymnastics and wasted political energy in re-ratification as an independent Ukraine.  Quite simply it isn’t a priority when weighed against the clearly unfit for purpose Soviet statutory hangover that remains upon the current domestic statute books and which unnecessarily hinders public and business life.

Lo, after many years of bemoaning the continued existence of more than 100 Soviet legislative and regulatory acts within the Ukrainian domestic legal sphere, they will soon be consigned to the dusty bin of history joining the Ukrainian Socialist Soviet Republic (YCCP) and USSR – and not before time!

Justice Minister Pavlo Pentrenko stating – “There are still a lot of laws on the books from the Soviet era…which create barriers for Ukrainian citizens and businesses. Therefore, the Ministry of Justice developed a bill to repeal the legislation of the Ukrainian Soviet Socialist Republic and the USSR.”  Better late than never, although better never late would have been preferable as this is long, long overdue.

That said, this repealing is not going to occur overnight, providing the (in almost all cases unnecessary) opportunity to recreate bureaucracy and centers of administrative power under modern independent Ukrainian statute.  Something to keep a wary eye upon.

The Bill if passes in May (and it is highly unlikely it will fail) within 6 months will repeal all Acts of ministries, presidium, departments and commissions adopted prior to 24th August 1991.  Within 12 months all laws of the USSR and UkrSSR will cease to have legal effect.  Within 3 years, any remaining codified laws and regulations of the UkrSSR with also be terminated.  Thus by 2020 it will only be historians and not lawyers referring to Soviet legislation in Ukraine.

It will be one less hobbyhorse the blog will happily no longer have to ride, nor a drum to sporadically beat.

Next then, despite notable progress repealing more modern but nevertheless unfit statute and regulation passed since independence in 1991, perhaps those hundreds of legal errs can repealed with a little more speed?

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