Article | Development of Law in the West Ukrainian People’s Republic (1918–1919) |
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Authors |
BORYS TYSHCHYK
Ph.D. in Law, Professor (Lviv, Ukraine) kaf.ist@ukr.net
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 1 / 2020 |
Pages | 197 - 211 |
Annotation | The article analyzes the establishment of the West Ukrainian People’s Republic (ZUNR) in November 1918; in 2018–2019 there was 100 years after its proclamation and existence. The author gives considerable attention to characterization of peculiarities intrinsic to the development of ZUNR law (adoption of the interim Constitution, constitutional laws on citizenship, on the State language (Ukrainian), on establishment of electoral law fundamentals (universality, equality, and secrecy of this law), on elections to the Galicia Seim, and a series of laws relating to State law (on the structure of central and local public and administrative authorities, judicial system of the country, establishment of law enforcement bodies etc.). The article shows that one of the most important laws adopted by the Ukrainian People’s Rada (UP Rada) was “ Interim Fundamental Law on State Independence of the Ukrainian Lands of the Former Austro-Hungarian Monarchy” which completed the process of constitutional arrangement of the newly formed State. This legal act provided for internal legitimization of government and formulated the main vectors for the development of ZUNR as a sovereign State. Proclamation of the newly formed State as the parliamentary republic justified the principles of division of power into legislative, executive and judicial branches. The State’s territory was determined by the ethnographic boundaries within which Ukrainians resided in the Austro-Hungarian Empire. The fundamental provisions of the ZUNR Provisional Constitution were the guarantees of broad political and national rights of Poles, Jews and Germans. The interim nature of the Constitution was justified by the need to organize the operation of the Republic’s Seim, with its primary duties including the approval of the Fundamental Law of the State. UP Rada, the government, and the State Secretaries adopted many other laws and regulations relating to various branches of public, political, socio-economic, cultural, educational, and other areas of life of the newly formed Ukrainian State in the West lands of Ukraine. Vigorous organizational measures were taken to implement them. However, ZUNR failed to exist, develop, and strengthen for longer than 8 months: it was occupied by Poland which had a direct military and diplomatic support from the Entente countries. Nevertheless, the legal framework created in ZUNR, as well as ZUNR law development in general, deserves attention and approval even today.
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Keywords | law; legislation; the State; West Ukrainian People’s Republic; Ukraine |
References | Bibliography
Authored books 1. Klimecki М, Lwów 1918–1919 (Bellona 2000) (in Polish). 2. Boiko I, Istoriia pravovoho rehuliuvannia tsyvilnykh, kryminalnykh ta protsesualnykh vidnosyn v Ukraini (IX–XX st): navchalnyi posibnyk dlia studentiv vyshchykh navchalnukh zakladiv [History of Legal Regulation of Civil, Criminal and Procedural Relations in Ukraine (IX–XX Centuries): Study Guide for Students of Higher Educational Institutions] (Vydavn tsentr LNU imeni Ivana Franka 2014) (in Ukrainian). 3. Lazarovych M, Lehion Ukrainskykh sichovykh striltsiv [Legion of Ukrainian Sich Riflemen] (Dzhura 2005) (in Ukrainian). 4. Lytvyn M, Ukrainsko-polska viina 1918–1923 rr. [Ukrainian-Polish War of 1918–1923] (1998) (in Ukrainian). 5. Makarchuk S, Ukrainska respublika halychan [Ukrainian Republic of Galicians] (Svit 1997) (in Ukrainian). 6. Tyshchyk B ta Vivcharenko O, Zakhidnoukrainska Narodna Respublika 1918–1923 rr. [West Ukrainian People’s Republic of 1918–1923] (Svit 1993) (in Ukrainian). 7. Tyshchyk B, Zakhidno-Ukrainska Narodna Respublika (1918–1923). Istoriia derzhavy i prava [West Ukrainian People’s Republic (1918–1923). History of State and Law] (Triada plius 2004) (in Ukrainian).
Edited books 8. Zhukovskyi A ta Subtelnyi O, Narys istorii Ukrainy [Essay on the History of Ukraine] (Hrytsak Ya ta Romaniv O red, Vyd-vo Naukovoho tovarystva imeni T Shevchenka u Lvovi 1992) (in Ukrainian). 9. Zakhidno-Ukrainska narodna respublika 1918–1923. Dokumenty i materialy [West Ukrainian People’s Republic of 1918–1923.], t 1: Lystopadova 1918 r. natsionalnodemokratychna revoliutsiia. Proholoshennia ZUNR [Documents and Materials. National Democratic Revolution of November 1918. Proclamation of ZUNR] (Karpenko O ta Mytsan K uklad, Lileia-NV 2001) (in Ukrainian). 10. Zakhidno-Ukrainska narodna respublika 1918–1923. Dokumenty i materialy[West Ukrainian People’s Republic of 1918–1923. Documents and Materials], t 2 (Karpenko O vidp red, Lileia-NV 2001) (in Ukrainian). 11. Zakhidno-ukrainska narodna respublika. 1918–1923. Uriady. Postati [West Ukrainian People’s Republic. 1918–1923. Governments. Figures] (Lytvyn M ta Pater I ta Soliar I uporiad, 2018) (in Ukrainian).
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