Article title 25th Anniversary of the Constitution of Ukraine: on the Way to Formation of the Constitutional Culture
Authors

Researcher of a Private Institution  "Research Institute of Maritime and Space Law" (Kyiv, Ukraine) ORCID ID: https://orcid.org/0000-0002-5689-2226 andreyirklienko@ukr.net

 

Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 4/2021
Сторінки [182-193]
Annotation

Analysis of Ukrainian political and legal processes shows that one of the main causes of political crises that our country has experienced and is experiencing is not so much the shortcomings of the text of the Constitution of Ukraine as the lack of proper political and legal culture, respect for the Basic Law. means, in particular, the need for the application of the rules of law and their interpretation to be guided primarily by the interests of man and society, and not the official, party or state.

The purpose of the study is to analyze the trends of reforming the Constitution of Ukraine over the past 25 years.

Methodologically reasonable is the conclusion that the history of the constitution in any country is inseparable from the history of society and the state. Each stage of their development is characterized by new moments in socio-economic and political relations, the implementation of state functions, changes in the form of government. The adoption of constitutions has the task of reflecting all qualitatively new phenomena. The content of economic, political, spiritual and other social processes currently taking place in our country allows us to conclude that a qualitatively new stage in the development of Ukrainian society and the state. The Constitution of Ukraine came into force upon its adoption and came into force in the specific historical and political conditions prevailing in the country in 1996 and characterized by the existence of a fairly strong President of Ukraine, a politically unstructured Parliament and a generally unformed political system. These circumstances provided an opportunity to actually distort the constitutionally established model of state power in which the established limits of presidential powerswere expanded, which led to a violation of the balance of checks and balances in the mechanism of state power.

A serious shortcoming of the Constitution of Ukraine is its excessive “universality”. On the basis of the same constitutional provisions, the economy was liberalized, the state’s position in the economic sphere was strengthened, and the “power vertical” was built. Undoubtedly, the reform of the Constitution of Ukraine in the context of the introduction of a bicameral parliament presupposes the existence of clear political ideas about the ways of development of Ukrainian statehood. However, the range of such political ideas is quite wide – from liberal to totalitarian. From a political standpoint, the Constitution of Ukraine is criticized both for the lack of liberalism and for “excessive” political and economic freedom.

 

Keywords Constitution of Ukraine; Constitutional Court of Ukraine; constitutional culture; constitutional reform
References

Bibliography

 

Authored books

1. Arutjunjan G, Konstitucionnaja kul’tura: uroki istorii i vyzovy vremeni (2005) (in Russian).

 

Journal articles

2. Holovchenko V, Potomkin A, ‘Konstytutsiino-pravova kultura yak chynnyk stabilizatsii derzhavnoho pravoporiadku’ (2008) 9–10 Viche 32–4 (in Ukrainian).

3. Krjazhkov V, ‘Konstitucionnaja kul’tura v zerkale pravosudija Konstitucionnogo Suda Rossijskoj Federacii’ (2011) 4 Aktual’nye voprosy konstitucionnogo pravosudija 106–17 (in Russian).

 4. Kondrashova K, ‘Reguljatory obshhestvennyh otnoshenij’ [2017] 3 (16) Rossijskaja nauka i obrazovanie segodnja: problemy i perspektivy 29–31 (in Russian).

 

Conference papers

5. Dobrodumov P, ‘Konstytutsiina kultura v umovakh transformatsii ukrainskoho suspilstva’ v Problemy stanovlennia i rozvytku pravovoi systemy Ukrainy: materialy naukovo-praktychnoi konferentsii (Asotsiatsiia aspirantiv-iurystiv 2011) (in Ukrainian).