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| IMAGE: WIKIPEDIA.ORG |
Elected after the death of Hetman Ivan Mazepa, Pylyp Orlyk wrote the Pacts and Constitutions of Rights and Freedoms of the Zaporizhian Host in Bender, where the Swedish and Cossack troops retreated after the defeat in the Battle of Poltava. The document acknowledged the protectorate of Swedish King Karl XII over Ukraine. In fact, the Constitution was a contract between the Cossack elders and Karl XII. Noteworthy is that a third of the document was devoted to the fight against abuse of power. It is difficult to say why the former general chancellor paid so much attention to this topic. The document is written in Latin and the word "corruption" is scattered all across the text. The same word occurs in the text of the Pacts written in the Old Ukrainian language. Apparently, this issue was extremely important even in those times
Combating bribery
So, how did Orlyk intend to deal with the problem of abuse of office? The ninth chapter of the Constitution prohibits the hetman "from using the military treasury for his own personal needs” and instead allows using “dues and parishes, which are collected for “the mace or are specially intended for the hetman.”
After delineating his own incomes, Orlyk dealt with the incomes of colonels. By virtue of the Constitution, they “should not take interest in the regimental treasury”, but be content with their personal income. To implement this principle, a special watchdog post “podskarbiy” was suggested. Besides the general podskarbiy, who supervised the host’s treasury, every regiment had two of their own. The Cossack high command was forbidden not only from misappropriation of the treasury, but also from spending the public moneys for charity to “priests, monks, widows” and others.
The 10th chapter of the Constitution by Orlyk was against the careerists who “deceive the hetman’s heart with bribery and corruption.” In essence, this was a warning to the noble hetman not to give “colonels or other people military and state posts” in exchange for bribes. In their turn colonels are supposed pledged not to appoint Cossack lieutenants “for bribes and other forms of gratuities.”
Social reforms
Another anti-corruption chapter referred to persons entitled to benefits that were liberated from feudal allegiance. It was also noted that “after their liberation the Fatherland from Moscow’s Kingdom a revisions must be established through general audit of all estates of all elected commissioners.” And then the General Council under the hetman’s supervision must decide who is worthy of owning goods and estates and who is not. In modern-day vernacular, the hetman intended to launch a re-privatization campaign and cancel tax benefits.
The 14th chapter of the constitution also addressed the problem of abuse of power. According to it, military personnel and servants of the hetman “were forbidden from asking for free carts, feed, beverages and conductors when engaged in personal affairs as opposed to military as they ate into the local treasuries”.
The Constitution contained a purely social article on “improvement of life today”, speaking in contemporary terms. In particular, the Cossacks´ widows and children and families of the Cossacks who were on campaigns and on military duty were protected from taxes and duties.
Finally, the last 16th chapter of the constitution “is devoted to overcoming the arbitrariness of tax duties.” The tax officials of the time were required not to demand too much from merchants, while poor people and beggars did not have to pay extortion money. The project specially mentioned “hundreds of people that the needy and miserable people are complaining” about abuse of tax collectors.
Parliamentary presidential rule
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| PHÎÒÎ: PHL |
Though in the introductory part of the Constitution the Cossacks call themselves orphaned after the death of Hetman Ivan Mazepa, the document condemns the policy of hetman absolutism, whereby he neglected the “old rights and liberties.” The country was supposed to be run by the hetman and the General Council, which should have been composed of a general eldership, colonels and one representative from each Cossack regiment. They were to hold a congress once a year to resolve all issues with the participation of the hetman. Critical issues were addressed at the Cossack Rada, which was to be convened three times a year.
Ukrainian politicians of the time went far beyond today’s politicians in the fight for a parliamentary model. The hetman could not individually resolve any defense or foreign policy issues. Apparently, the Cossacks with their bitter experience opted for what is today known as a parliamentary-presidential model. Mazepa’s contemporaries all knew the experience of individual governance under Mazepa was a failure. A separate line of the document advises the hetman to not be outraged or revenge if someone criticizes him in the affairs of the state.
Lessons to learn
As the protector of the Zaporizhzhian Host, Karl XII approved the Pacts and the Constitution and undertook not to use weapons until the full emancipation of the country. After the Tatars refused to support the Cossacks in their otherwise victorious campaign was lost. Karl XII died in battle in 1718 and Sweden signed a peace treaty with Moscow soon.
Orlyk traveled throughout Europe in search of other allies of Ukraine, but never found them. In 1722 he drafted the anti-Russian coalition programs. He died in 1742 in Jassy.
“The Pacts” are testimony to the fact that the nation’s problems little changed over the past three centuries. History teaches us that it is better to agree and conduct reforms before war and disaster make us to do so.
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