Article | Ideas of a Sovereign and Independent State in the Context of the National Idea of Ukraine |
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Authors |
IRYNA KUIAN
Doctor of Laws, Senior Researcher, Head Of The Sector Of Expert Works Institute Of Legislation Of The Verkhovna Rada Of Ukraine (Kyiv, Ukraine) ikuyan@ukr.net
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 2 / 2021 |
Pages | 63 - 74 |
Annotation | In recent years, the question of the content of the national idea has increasingly often arisen in Ukraine, which seems to reflect the society’s demand for understanding the ways of development and modernization of the state, increasing efficiency of the state in the face of modern challenges, strengthening sovereignty guarantees and guiding statehood evolvement in Ukraine. This question is directly related to the nature of the connection between the national idea and legal doctrine, which, in our opinion, is determined by the dialectic of politics and law, and is therefore a constitutive factor for society. Therefore, a deep understanding of the idea of sovereignty, of the matter of characteristics of sovereignty and independence of the state as a model and project for shaping the content and directions of public policy is essential. The article aims to scientifically comprehend the characteristics of Ukraine as a sovereign and independent state, which is important for understanding the national idea as a political and legal guideline for reforming the state. It is emphasized that the features of state sovereignty are enshrined in the Declaration of State Sovereignty of Ukraine (1990), and in the Constitution of Ukraine our state is defined as sovereign and independent, democratic, social and legal. Based on the understanding of the essence of sovereignty as a feature of a certain subject in relation tohaving supreme power, its theoretical construction is made in terms of generic and specific concepts (popular, national and state) sovereignty. It is emphasized that this political and legal phenomenon has an objective and subjective nature and is manifested as a result of material processes and as a volitional legal relation. The content of the supremacy of the power of the people, the nation and the state as exclusive subjects of sovereignty is defined. Popular sovereignty is understood as an objectively given feature of the people to have the supremacy of their power, based on their interests and will and realized in their rights to statehood, to change of the constitutional order, to participation in the formation and functioning of the state and its bodies. The content of the concept of national sovereignty as a feature of the nation to have the supremacy of power is based on understanding the nation as a special form of life of society as a community that forms common needs, interests and will. It is emphasized that according to the Preamble of the Constitution of Ukraine, the right to self-determination is exercised by the Ukrainian nation, the entire Ukrainian people. It is underlined that the realization of Ukraine’s sovereignty on the grounds set out in the Constitution of Ukraine largely depends on the completeness of legislative regulation, the development of these principles in national legislation. State sovereignty is derivative from popular sovereignty. The Constitution affirms Ukraine as a sovereign state, defines its main attributes and symbols, the subjects authorized to exercise power and ensure the nation-wide, state-wide interest. Sovereignty is a feature inherent in the state as a form of political and legal organization of society. State sovereignty is the feature of the state as a public political and legal organization to have the supremacy, independence, completeness, self-sufficiency and unity of its power within the relevant territory, based on the interests and will of the people and enshrined in legal forms. The key feature of state power is supremacy. The supremacy of state power and the independence of power and the state are the most important peculiarities of state sovereignty. In the Constitution of Ukraine supremacy as a key characteristic of state power is expressed primarily through the principle of rule of law. In this context, emphasis is placed on the hierarchy of legal force of the Constitution and laws of Ukraine in the system of normative and legal regulation of public relations.I t is argued that the sovereign statehood of Ukraine in the doctrinal sense is based on the classical model of the relationship of popular, national and state sovereignty. And the principle of sovereignty of the people, nation and state embodied in the Constitution of Ukraine establishes a rule that should provide the content for the entire system of constitutional legislation and should be taken into account during the state reforming on the scientific basis of legal doctrine.
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Keywords | sovereignty; popular sovereignty; national sovereignty; state sovereignty; Constitution of Ukraine; national idea; legal doctrine |
References | Bibliography Authored books 1. Kuian I, Suverenitet: problemy teorii i praktyky (konstytutsiino-pravovyi aspekt) (Akademiia 2013) 31 (in Ukrainian).
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