ІСТОРИЧНІ ПІДВАЛИНИ УКРАЇНСЬКОГО КОНСТИТУЦІОНАЛІЗМУ

Abstract

The article attempts a comprehensive analysis of the historical foundations of Ukrainian constitutionalism. It is claimed that the proto-constitutional dimension of Ukrainian history dates back to the times of Kyivan Rus and near its origins lies the collection of ancient Russian customary law "Ruska Pravda". The further development of constitutionalism takes place in the Statutes of the Grand Duchies of Lithuania, Rus, and Zhemaitia. In them, for the first time in the history of domestic state and legal development, the powers of the head of state, government and management bodies, certain rights and duties of citizens, provisions on judges and courts, and the organization of the military are defined. Of fundamental importance is the provision on the equality of free persons before the law. The development of Ukrainian constitutionalism is gaining new momentum on the basis of Cossack self-government and state formation. The legal norms developed by the Zaporozhians regulated the democratic principles of the formation of authorities and management, the procedures for solving the main issues of Ukrainian life. The Hetmanship era is an organic component of the evolution of Ukrainian state law in the direction of constitutionalism. The general councils and senior councils of Cossack Ukraine at certain stages in terms of their competence came close to the European parliaments of that time (restriction of the hetman's power, performance of legislative and control functions, regularity of meetings, etc.). A significant milestone of Ukrainian constitutionalism on the way to true people's rule are the constitutional acts - the Hadyatsky Treatise (1658) and the Constitution of Pylyp Orlyk (1710). The combination of progressive European political and legal theory and the customary practice of the Ukrainian Cossacks of that time can be traced in the division of state power into legislative, executive and judicial, the introduction of democratic-constitutional formation of government bodies through "free elections according to ancient custom and ancient laws".