Embassy of Ukraine to Canada

20, Kyiv 23:23

Law of Ukraine №376–V "On Holodomor of 1932 - 33 in Ukraine"

 

The Verkhovna Rada (Parliament) of Ukraine:

Honoring the memory of millions of compatriots, who became victims of the 1932-33 Holodomor in Ukraine and of its aftermaths;

Respecting all individuals, who survived this horrific tragedy in the history of the Ukrainian people;

Realizing its moral duty before the past and future generations of Ukrainians as well as recognizing the necessity of restoring the historic justice and strengthening of intolerance of the society to any manifestations of violence;

Noting that for many decades the tragedy of the 1932-33 Holodomor in Ukraine was officially denied by the authorities of the Union of Soviet Socialist Republics;

Condemning the criminal acts of the totalitarian regime of the Union of Soviet Socialist Republics, that were aimed at the organization of the Holodomor which resulted in the annihilation of millions of people, destruction of the social foundation of the Ukrainian people and of its centuries-old traditions, spiritual culture and ethnic distinctive character;

Sympathizing with other peoples of the former Union of Soviet Socialist Republics who sustained human losses as the result of the Holodomor;

Highly valuing the solidarity and support of the international community in condemning the 1932-33 Holodomor in Ukraine, reflected in the acts of Parliaments of Argentina, Australia, Canada, Italian Republic, the Republic of Hungary, Lithuania, the Republic of Poland, the Republic of Georgia, the Republic of Estonia, and of the United States of America, as well as in the Joint Statement on the 70th anniversary of the Great Famine of 1932-1933 in Ukraine (Holodomor) that was circulated as an official document of the General Assembly and was signed by the Republic of Argentina, the Republic of Azerbaijan, the People’s Republic of Bangladesh, the Republic of Belarus, the Republic of Benin, Bosnia and Herzegovina, Canada, the Arab Republic of Egypt, the Republic of Georgia, Guatemala, the Islamic Republic of Iran, Jamaica, the Republic of Kazakhstan, the Republic of Korea, the State of Kuwait, the Kyrgyz Republic, the Republic of Nauru, Nepal, Pakistan, the State of Qatar, the Republic of Moldova, Mongolia, the Russian Federation, Saudi Arabia, the Republic of South Africa, the Republic of Sudan, the Syrian Arab Republic, the Republic of Tajikistan, the Democratic Republic of Timor-Leste, the former Yugoslav Republic of Macedonia, Turkmenistan, Ukraine, the United Arab Emirates, the United States of America, and the Republic of Uzbekistan as well as supported by Australia, the State of Israel, the Republic of Serbia and Montenegro and by 25 member-states of the European Union;

Proceeding from the Recommendations of the parliamentary hearings regarding the honoring of the memory of the victims of the 1932-33 Holodomor, approved by the Decree of the Verkhovna Rada of Ukraine # 607-IV of 6 March 2003, as well as from the Appeal of the participants of the 14 May 2003 special session of the Verkhovna Rada of Ukraine to the people of Ukraine as to the honoring of victims of the 1932-33 Holodomor, approved by the Decree of the Verkhovna Rada of #789-V 15 May 2003, where the Holodomor was recognized as an act of genocide of the Ukrainian people, resulting from deliberate acts of the repressive totalitarian Stalin regime aimed at mass destruction of a part of the Ukrainian as well as other peoples of the former Union of Soviet Socialist Republics;

Recognizing, in accordance with Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948, the 1932-1933 Holodomor in Ukraine as a purposeful act of mass annihilation of people, has adopted this Law.

Article 1. The 1932-1933 Holodomor in Ukraine is an act of genocide of the Ukrainian people.

Article 2. Public denial of the 1932-1933 Holodomor in Ukraine shall be recognized as desecration of the memory of millions of victims of the Holodomor as well as disparagement of the Ukrainian people and shall be unlawful.

Article 3. Organs of state government and local authorities of Ukraine shall undertake, within their competence:

to take part in the formation and realization of the state policy in the field of restoration and preservation of the national memory of the Ukrainian people;

to promote the consolidation and development of the Ukrainian nation, its historic self-consciousness and culture, dissemination of information about the Holodomor among citizens of Ukraine and the world public, to provide for the study of the tragedy of the Holodomor in educational institutions of Ukraine;

to take measures to perpetuate the memory of victims of the 1932-1933 Holodomor in Ukraine and of those who suffered from it, in particular, through erection of memorials and obelisks to the victims of the Holodomor; 

to facilitate, in accordance with established procedure, the access of scientific and public institutions and organizations, scholars, and individuals, researching the 1932-1933 Holodomor in Ukraine and its aftermaths, to the archives and other materials regarding the Holodomor.

Article 4. The State shall ensure favorable conditions for the research of the 1932-33 Holodomor in Ukraine and commemoration of its victims on the basis of a relevant national program, annual financing of which shall be made from the State Budget of Ukraine.

Article 5. Final provisions

1. This Law shall enter into force on the date of its publication.

2. The Cabinet of Ministers of Ukraine shall:

1) determine the status and functions of the Ukrainian Institute of National Memory and ensure its financing from the state budget as a specially authorized body of central executive authorities, responsible for the restoration and preservation of the national memory of the Ukrainian people;

2) within three months from the date of entry into force of this Law:

    • submit proposals on harmonization of the legislative acts of Ukraine with this Law for consideration by the Verkhovna Rada of Ukraine;
    • harmonize its normative and legal acts with this Law;
    • ensure revision and cancellation by bodies of executive power of their normative and legal acts, which are not in conformity with this Law;

3) resolve, in accordance with established procedure, together with Kyiv Municipal State Administration the issue of construction in the city of Kyiv of a Memorial to the victims of Holodomors in Ukraine, on the 75th Anniversary of the 1932-1933 Holodomor in Ukraine.

President of Ukraine Victor Yushchenko

28 November 2006