Seminar 3. NgOs in Ukraine: overview of the constitutional legislation (2 hours).

1. The history of NGOs in Ukraine.

2. Constitution of Ukraine and NGOs. The Law of Ukraine ‘On Civic Associations’ (1992).

3. The Constitutional Court’s decisions on NGOs in Ukraine.

4. The basics of the constitutional status of NGOs in Ukraine.

Keywords:

Branch of law, constitutional law, NGOs in constitutional law, constitutional status.

Documents to be analyzed:

Constitution of Ukraine. Chapter XI. Available at: http://www.mfa.gov.ua/data/upload/publication/mfa/en/159/constitutioneng2.doc

Law of Ukraine ‘On Civic Associations’ (1992). Available at: http://www.legislationline.org/documents/action/popup/id/7132

Decision of the Constitutional Court of Ukraine as of June 12, 2007 no. 2-rp/2007 as to the conformity with the Constitution of Ukraine (constitutionality) of the provisions of Articles 10.1, 11.2.3, 11.5, 11.6, 15, 17.1, 24, and item 3 Chapter VI " Final Provisions” of the Law of Ukraine "On political parties in Ukraine" (case on establishing political parties in Ukraine)

Decision of the Constitutional Court of Ukraine #18-rp/2001 (December, 13, 2001) compliance with the Constitution of Ukraine Article 2.4, Article 6.2, Article 10.1, and Article 10.2 of the Law of Ukraine "On youth and children non-government organizations" (case on youth organizations).

Decision of the Constitutional Court of Ukraine no. 11-рп/2000 (October, 18, 2000) Constitutionality of Articles 8, 11, 16 of the Law of Ukraine “On Trade Unions, Their Rights and Guarantees of Their Activities” (case of freedom of organization of trade unions).

Questions:

1. Name the historical periods of the development of NGOs in Ukraine.

2. Name the elements of the constitutional status of NGOs.

3. Work on your student’s portfolio.

Student’s Portfolio – chapter 3: Present the accurately and neat typed or written chapter in a single folder before the beginning of the seminar. 1. Give the definition of the constitutional status of NGOs. 2. Analyze one of the decisions of the Constitutional Court of Ukraine (the professor will divide the group in a way, that 1/3 will read one of the decisions: # no. 2-rp/2007 (June, 12, 2007), #18-rp/2001 (December, 13, 2001) and #11-рп/2000 (October, 18, 2000); please be sure you know which decision to analyze, or consult the head of the group). Write down: - the problem that was solved by the Constitutional Court (1-2 sentences); - the final decision of the Court (1-2 sentences); - the arguments of the Court (2 arguments that seems to be the most persuasive for you); - your position – do you agree or disagree with the decision. 3. Write the annotation of the research Article, which follows (approx. 200- 300 words). Annotation of the research Article should include: author, title, main ideas and arguments.

The research Article to be annotated:

NGO Development in Ukraine since the Orange Revolution

Author(s): Susan Stewart

Source: http://www.peterlang.eom/Index.c fm?vlD=58889&vLang--'E