The newly introduced “Law on Ukrainian Language” has become a subject of strong public debate. There is a wide range of opinions: some defend the law and mark it as a historic milestone while others call it controversial due to some “sensitive” provisions. But what does the law really change? Here are answers to some common questions:
1. Is it now illegal to advocate for bilingualism?
The new law says that giving official status to other languages is in violation of the constitution. This does not mean that it is no longer legal to advocate for making any foreign language official in Ukraine. Nevertheless, trying to accomplish this in violation of the constitutional procedure would be a criminal offence.
Another provision introduces criminal liability for publicly expressing disrespect towards Ukrainian language. The law equates it to abusing national symbols, which is an offence according to the Criminal Code of Ukraine. However, making it punishable would require amending the criminal code itself.
2. What about minority and indigenous languages?
The Law retains the right of indigenous peoples and national minorities for pre-school and elementary education in their mother tongue as well as further studying it as a separate subject. The Law also protects the use of minority and indigenous languages in the public sphere (e.g. during cultural, artistic, entertainment events, on television, in print media, during religious services etc.).
3. May I refer to a public office in a foreign language?
There is no provision requiring that one should address public institutions in Ukrainian. Meanwhile, a public office is obliged to communicate in Ukrainian regardless the language of the initial appeal. In addition, a public official is not obliged to use Ukrainian while on duty in a number of occasions. For example, law enforcement or border service officials may use a foreign language when communicating with someone who does not speak Ukrainian.
4. Is there space for secondary and higher education in a foreign language?
Indigenous peoples and national minorities may study in separate classes combining Ukrainian with any other study of language. Several disciplines may be taught in English or other official languages of the European Union.
In addition, the government is required to promote learning global languages in state and municipal educational institutions. Upon a respective request, higher education institutions should create an opportunity for studying minority or indigenous languages as separate disciplines.
5. How does the Law approach private communication?
The Law does not apply to private life and religious exercises. There are no provisions obliging citizens to learn Ukrainian compulsorily. Meanwhile, the law provides for incentivizing learning Ukrainian language at home and abroad.
6. May I ask my doctor to talk to me in a foreign language?
Even though the law requires all communication in healthcare, services, transportation and other spheres to be in Ukrainian, one may always ask for switching to some other language, as there is no restriction.
7. What will be a mandate of the Language Commissioner?
The law introduces setting up the Office of the Language Commissioner. Its mandate is mostly to provide for ensuring compliance with language requirements by public authorities. Apart from that, the commissioner may also address language violations committed by private bodies. For example, one may refer to the Commissioner’s Office in case he/she was refused to switch to Ukrainian in a restaurant, when a company’s charter is not available in Ukrainian.
