MODERN PROBLEMS OF UKRAINIAN CONSTITUTIONALISM AND DIRECTION OF THEIR AVOIDANCE

Abstract

The article is devoted to the problems of the development of Ukrainian constitutionalism, identification of problematic issues and development of ways to avoid them. The research conducted in the article has established that constitutionalism is a complex and multifaceted political, legal, historical, social and cultural phenomenon. The article states that constitutionalism in modern scientific doctrine is considered in the historical-philosophical, political and legal aspects. Legal understanding of constitutionalism involves the normative consolidation and practical implementation of the features of constitutionalism, constitutional values and principles with the formation of appropriate regulatory methodology and mechanisms.It is also shown that constitutionalism is a complex systemic formation, which elements: factual and legal constitution, constitutional theory, constitutional relations, constitutional legal consciousness, constitutional legality and legal order. The basic values of constitutionalism include civil and political freedom, the service of the state to society and law, and civil consent. Society and the state are faced with the need to realize these shortcomings and make appropriate changes to the Constitution of Ukraine. Elaboration of the concept of amendments to the Basic Law and the draft law on amendments to the Constitution of Ukraine on its basis is becoming an increasingly important factor in stimulating further development of domestic constitutional and legal thought, raising legal awareness and legal culture. The state of modern Ukrainian society and the political process in Ukraine objectively requires the improvement of the constitutional regulation of public relations. The need and importance of changes to the Constitution is explained primarily by the need to improve the political and institutional design of statehood, the rejection of the vestiges of the Soviet legal heritage, the implementation of the latest political and legal vision of the state. Scientific support of constitutional and legal modernization should be based on the principles of deep mastery of the theory of modern constitutionalism, comprehensive analysis of Ukraine’s interaction with international institutions on constitutional reform, creative understanding of the European legal and political space to which Ukraine seeks to integrate. This will allow to determine the optimal ways of constitutional construction, which would organically combine the best foreign developments in this field and established domestic legal traditions.