Abstract

The article reveals the socio-political preconditions of the Constitution of Ukraine of 1710, analyzes its content and determinesits place in the centuries-old history of nation-building. It is noted that the Ukrainian Constitution of 1710 had an exceptional politicaland legal significance, as it was a regularity of the existence of the Ukrainian Cossack state and testified to the statehood of the Ukrai -nian nation. The Constitution of 1710 was a kind of social contract, the primary purpose of which is to ensure the rights and free deve -lopment of members of society. It enshrined the principle of separation of state power, established democratic and contractual principlesfor the formation of public authorities, the manner of their organization and interaction, determined their competence and functions.The Constitution of Ukraine of 1710 enshrined other important principles, including equality (Article 6 «equality of the Cossacks inpublic affairs»), the rule of law and the inviolability of natural human rights, which were the basis for preventing usurpation of power,violation of the integrity and sovereignty of the state. The competence of state authorities and officials was delimited and their constitutionalstatus was established. The Ukrainian Constitution of 1710 was focused on the establishment and development of the nationalidea, spiritual and moral values of peace, tolerance, goodness, and justice. During the period of the Ukrainian Cossack state, especiallyat the time of the adoption of its constitution in 1710, the formation of the national idea took place. The Constitution of Ukraine of 1710is important in the history of nation-building. Adopted during the Middle Ages, when predominantly absolutist monarchies ruled, itbecame the most advanced state act in European society at the time, defining Ukraine as a democratic Christian republic with an electedhetmanate. The Constitution of 1710 became the foundation for the further development of Ukrainian statehood. The first Ukrainianconstitution of 1710 was ahead of its time, it was adopted when the French and English educators had just begun to develop those cons -titutional ideas that were already laid down in it. As is typical of constitutions, it defined the state system, the order and principles offunctioning of representative, executive and judicial authorities, the electoral system, the rights and responsibilities of the state, societyand citizens. Given the above-analyzed basic provisions of the Constitution of 1710, it can rightly be considered the first written democraticconstitution in the world. Key words: constitution, state formation, republic, state, nation, Ukraine.

Highlights

  • The article reveals the socio-political preconditions of the Constitution of Ukraine of 1710, analyzes its content and determines its place in the centuries-old history of nation-building

  • It is noted that the Ukrainian Constitution of 1710 had an exceptional political and legal significance, as it was a regularity of the existence of the Ukrainian Cossack state and testified to the statehood of the Ukrainian nation

  • The Constitution of 1710 was a kind of social contract, the primary purpose of which is to ensure the rights and free development of members of society. It enshrined the principle of separation of state power, established democratic and contractual principles for the formation of public authorities, the manner of their organization and interaction, determined their competence and functions

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Summary

Introduction

Та способом врятувати Українську козацьку державу, особливо після Полтавської битви, було укладення угоди та прийняття Конституції Української козацької держави 1710 р. Варто також звернутися до сучасних підручників, посібників, наукових статей з конституційного права України, у яких розкрито сутність, ознаки конституції держави.

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