Friday06 December 2024
podrobnosti.org.ua

75 years of the Institute of State and Law: How the institution navigates through the challenges of war.

The director of Ukraine's leading legal institution discussed the key objectives facing the research organization.
75 лет Институту государства и права: как он справляется с вызовами войны.

This year, one of the oldest and most reputable research centers in Ukraine — the V.M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine — is celebrating its 75th anniversary. This date symbolizes four generations of scholars who have made significant contributions to the development of domestic legal science and the establishment of the state.

Today, amid the war and Ukraine's aspirations for European integration, the Institute has taken on new tasks and challenges. How did the researchers work on the Constitution and hundreds of laws? Does the new generation of scholars have a future? How does the Institute survive under limited funding?

These topics and many more are discussed in an interview with the director of the Institute of State and Law, Doctor of Law, Professor, and Academician of the National Academy of Legal Sciences of Ukraine Oleksandr Skrypnyuk.

"Moscow actively hindered the establishment"

Oleksandr Vasylovych, please tell us about your professional journey. How did you come into legal science and eventually become the head of the Institute of State and Law?

— My path in the legal field was not straightforward. I first graduated from the historical faculty of Taras Shevchenko National University of Kyiv. However, when changes began in the country — the proclamation of the Declaration of State Sovereignty and the gaining of independence — I realized that knowledge of history alone was insufficient. I needed to understand law as well, so I decided to continue my education at Odessa National University named after I.I. Mechnikov.

After defending my candidate's dissertation, I worked for a long time at the Higher Attestation Commission under the Cabinet of Ministers of Ukraine, and then at the Presidium of the National Academy of Legal Sciences of Ukraine. In 2017, I was invited to the Institute, although I had been collaborating with it since 1997 as an adjunct. Two and a half years ago, I was elected the director of the Institute of State and Law.

директор Александр Скрипнюк

The Koretsky Institute of State and Law recently celebrated its 75th anniversary. What key achievements of the Institute would you highlight during this time?

— Overall, the Institute was established through several important resolutions, so we do not have a specific founding date that we celebrate.

However, there have been many interesting developments over these 75 years. Let me provide a brief historical overview: the Institute was founded by a resolution of the USSR Council of Ministers, signed by Joseph Stalin. Imagine the significance attributed to the creation of a research institute focused on state and legal issues.

Nevertheless, the path to its establishment was challenging. Moscow actively hindered the establishment of such an institute in Ukraine, especially after the rollback of Ukrainization and the organization of the Holodomor. This was part of an attempt to destroy Ukrainian identity. However, life went on, the economy developed, and the need for legal personnel grew. The impetus for the creation of the Institute was the participation of the Ukrainian SSR as one of the founders of the United Nations.

Thanks to the efforts of Volodymyr Mykhailovych Koretsky, an outstanding scholar and founder of our Institute, a department of state and law was created at the Academy of Sciences of the Ukrainian SSR in 1949, which in 1969 transformed into a full-fledged research institute.

In general, our Institute has several main areas of activity that were defined at the time of its establishment. These include conducting fundamental and applied research, preparing and certifying scientific personnel, expert work, and international cooperation in the field of state and law.

Speaking of specific achievements, the Institute participated in all processes of Independent Ukraine. Our employees were involved in the development of the Declaration of State Sovereignty of Ukraine in 1990, as well as in the preparation of the draft Constitution of 1996.

During the time of Ukraine's independence, around 20 drafts and more than 200 bills were prepared, including the Civil, Family, and Economic Codes. Our scholars have authored approximately 880 monographs and 11,000 articles.

You mentioned the resistance from Moscow during the establishment of the Institute. How do you think all these challenges were eventually overcome?

— Moscow certainly viewed the establishment of the Institute of State and Law with great suspicion. At that time, all issues related to Ukrainian statehood, even in the Soviet republic, were under strict control. Moscow demanded that the Institute focus solely on economic and collective farm law, avoiding questions of statehood. However, thanks to the efforts of the first director, Volodymyr Mykhailovych Koretsky, it was possible to expand the research areas.

Koretsky was not only a scholar but also a person of international stature. He had immense authority and a wide network of connections on the international stage, including working on the Declaration of Human Rights, collaborating with the UN, and serving as a judge at the International Court of Justice. Thanks to his reputation, the leadership of Soviet Ukraine had to take his opinion into account. Even the fact that he was not a communist did not prevent him from receiving the highest honors and recognition for his work.

"The Institute's scholars helped edit the text of the Constitution of Ukraine"

The development of the Constitution is very interesting. Can you elaborate on how exactly the scholars from your Institute were involved?

— First of all, our Institute's staff has been closely linked to the constitutional process both in Soviet Ukraine and in independent Ukraine. During the Soviet era, our Institute developed the draft Constitution of the Ukrainian Soviet Socialist Republic, adopted in 1978. It is now referred to as the Constitution of "developed socialism," and although we can critically assess it from today's perspective, it nonetheless represented an important step in the development of constitutional law in Ukraine.

After the proclamation of independence, there arose a need for a new Constitution of Ukraine. Even at this early stage, the Institute began actively engaging in constitutional legal research, laying the foundation for further scientific developments. In 1996, the Constitution of Independent Ukraine was adopted, and our Institute's employees played an active role in its development. They were part of the constitutional commission, edited the text of the Constitution, and provided expert consultations.

This process did not end with the adoption of the Constitution. Over the following years, several constitutional reforms took place, in which our scholars also participated directly. For example, after the creation of the National Constitutional Council and the Constitutional Assembly, our Institute's staff worked on improving the Fundamental Law of the country.

Our third director, Yuriy Serhiyovych Shemshuchenko, served as the deputy chairman of the Constitutional Assembly, which was headed by the first president of Ukraine, Leonid Makarovych Kravchuk. I was also personally a member of this Assembly and headed the commission dealing with the implementation of the Constitution of Ukraine.

"The war has changed priorities"

How has the war initiated by Russia affected the work of the Institute?

— The war has undoubtedly had a significant impact on our activities. Since 2014, when Crimea was annexed and the southeastern regions of Ukraine were occupied, many of our employees left for abroad or relocated to western Ukraine. We made every effort to maintain the team and ensure normal operations. However, we are currently facing a noticeable aging of our staff.

Since February 24, 2022, we have been working remotely, but the leadership has been present daily. We had to significantly restructure our work and make changes to the Institute's development strategy. We focused on research that responds to the demands of society and the state in wartime. Our research topics have been coordinated with the Ministry of Defense of Ukraine, and we are working to defend the country and ensure its victory.

What does the day-to-day work of your Institute look like now?

— Currently, it primarily concerns issues arising from the war. We are actively working on the legal provision for Ukraine's victory in the war. One of our important areas is the study of Euro-Atlantic integration.

Our research covers issues of national security, defense, state sovereignty, and many other relevant topics. Another important direction of our activity is the preparation and certification of highly qualified scientific personnel. We have strong scientific schools, numbering more than 15. For instance, these include schools of theory of state and law, constitutional law, municipal law, international law, civil law and process, as well as criminal law.

We have scientific schools with rich traditions that have existed for decades, as well as new ones. For example, we have a unique school of space law that has gained recognition worldwide. This is one of our pride points. We have also recently established a school of legal political science.

The Institute has 9 scientific departments and 1 auxiliary department focused on the organization of training and certification of scientific personnel. Thanks to our highly qualified staff, we currently have 36 doctors of science, 51 candidates of