THE LEGAL NATURE AND EFF ECTS OF LAW № 2704-VIII: A LACK OF CONSTITUTIONAL BALANCE IN THE SPHERE OF STATE LANGUAGE POLICY

Abstract

This article presents a comprehensive legal analysis of the Law of Ukraine “On Ensuring the Functioning of the Ukrainian Language as the State Language” No. 2704-VIII, with particular emphasis on its compliance with the Constitution of Ukraine and international human rights standards. Special attention is paid to the critical examination of the Decision of the Constitutional Court of Ukraine No. 1-r/2021 of 14 July 2021, which declared the law constitutional. The study also explores the content of the separate opinions of several judges of the Constitutional Court, many of whom raised reasoned objections concerning the lack of legal certainty, proportionality, non- discrimination, and the fundamental right to access justice before a tribunal “established by law”.The relevance of this topic stems from the significant political and societal impact of the law, as well as its tangible influence on the daily lives of millions of citizens, particularly those for whom Russian is the native language. The article constitutes one of the first academic attempts to voice the concerns of a considerable segment of the Russian- speaking Ukrainian population in scholarly discourse – a group whose legal position is often overlooked. The author argues that civic consciousness and commitment to the rule of law are not determined by the language spoken, but rather by one’s actions and legal culture. Nonetheless, language is not merely a communicative tool, but a protected legal category that must be safeguarded, especially in multiethnic societies.The article argues that Law No. 2704-VIII, despite its declared objective of affirming the status of the Ukrainian language, in fact alters the constitutional balance in the sphere of civil rights and liberties by narrowing the scope for exercising the right to freely use minority languages, including Russian. This is achieved through the establishment of a system of indirect sanctions, administrative pressure, and regulatory displacement of non-official languages from the public sphere. Such an approach contradicts Articles 10, 11, 22, 24, and 53 of the Constitution of Ukraine, which guarantee non-discrimination on the grounds of language and the free development of linguistic identity for all national communities. The analysis is also grounded in European legal practice, particularly in the jurisprudence of the European Court of Human Rights. The conclusions emphasize that only an inclusive and legally balanced language policy can contribute to Ukraine’s sustainable democratic development and the preservation of civil peace. Thus, the article not only performs an analytical function but also provides a foundation for further professional discussions on the revision of language policy in the direction of compliance with constitutional guarantees, social justice, and the principles of the rule of law.