Constitutional values: from theory to practice. For the 100th anniversary of the constitution of the Ukrainian People's Republic

Abstract

The origins of the formation and development of the newest Ukrainian constitutionalism in close connection with the process of state-building in Ukraine at the initial stage of the Ukrainian national revolution of 1917-1921 are analyzed in the article. The development of the constitutional process of this period and the influence on its evolution of the political situation associated with the adoption of the main state acts - I-IV Universal by the Ukrainian Central Rada are revealed. The main stages of the work of the Constitutional Commission on the Constitution of the newly formed Ukrainian statehood are disclosed. A key turning point in the creation of the Constitution was the proclamation of the Ukrainian People’s Republic in January 1918 of its independence. There was a sharp ideological struggle around the main provisions of the constitutional act, in particular, the consolidation of the form of the future Ukrainian statehood, was a reflection of the distribution of political and class forces in the main state body – the Ukrainian Central Rada and in society as a whole. June 1917 - April 1918 was the period of birth of the Basic Law of the Ukrainian statehood at the beginning of the twentieth century. April 29, 1918, the draft Constitution of the Ukrainian People's Republic was approved by the Little Rada on the last day of its existence. Through a coup, the Constitution of the UPR has not entered into force. But its development and adoption have become an outstanding milestone in the development of national constitutionalism. The Constitution of the UNR accumulated the best achievements of national constitutional thought and the advanced European standards. The principles of the division of state power, the functioning of a developed institution of human and civil rights and freedoms, and the existence of an institution of local self-government were put in the basis of the Constitution of the UNR. The Basic Law of the Ukrainian People's Republic enshrines the system of government bodies, defines their main functions and powers. However, the Constitution had serious drawbacks. It did not solve one of the main issues of the revolution – the issue of land ownership, did not fix the strategic directions for the implementation of the state’s domestic and foreign policy; outside the constitutional limits, there were problems of clearly defining the territory of the UPR, its symbolism – the coat of arms, anthem, flag, etc. The UPR was an outstanding monument of national statehood and domestic constitutionalism, its theoretical ideas had a great influence on the development of the following constitutional acts in Ukraine