Historical Road to Ukrainian Constitution

In the princely Ukraine-Rus the initial written judicial laws were reformed on the basis of common law. The first recorded reference of the code of law Statut i Zakon Ruskyi (“Charter and the Laws of Rus”) contains the treaties with Byzantium of 911 and 944 A.D. In the 11th century, the Codes of Laws of the 9th and 10th centuries became part of Yaroslav the Wise’s Rus’ka Pravda (“Russian Justice”).  This document proved that the Kievan Rus had indeed contained certain democratic elements. The internal social relations had been carried out predominantly on the basis of law under which considerable role was played by representative structures, and in particular Viche that functioned as assembly of a town or principality residents. At the meetings of this sort princes were elected sometimes and treaties worked out that stated the rights and obligations of the opposing sides.

 

In the 18th century, Pylyp Orlyk elected Hetman after the death of Ivan Mazepa wrote in a bright page in the history of the world constitutional endeavor. His treatise Pacty i Konstytutsii Zakoniv ta Volnostei Viyska Zaporizkoho (Pacts and Constitutions of Laws and Rights of the Zaporizia Army, 1710) is believed to be the first constitution of the Ukrainian state. It was based on the idea of natural law and the contractual origin of the state. The people of Ukraine made a treaty with a Hetman transferring him a share of their freedoms for the sake of securing internal consent and external safety of the state. The document formulated principles of division of representative, executive powers and impartiality of judiciary subordinate only to the law. In general terms, Pylyp Orlyk’s constitution had been concordant with the tendencies of the development of European political thought (in particular, in asserting separation of church from secular arm).  It also in some aspects even outstripped European political theory and practice (e.g., preferring constitutionalism over the idea of state absolutism and consent enforcement reigning at that time on the Continent).

 

Later on the motifs of justice, freedom, equality, and goodwill were sound in the documents of the Brotherhood of Saint Cyril and Methodius (1845 to 1847). It was Mykhailo Drahomanov and Mykhailo Hrushevsky who made the subsequent steps in creating political and legal conception of the balanced society.

 

These theoretical possessions of the Ukrainian liberation thought had played considerable role in the political processes that occurred in Ukraine after the February revolution and October Bolshevyk coup that wiped the Russian Empire from the face of political map in 1917.

 

On November 20, 1917, the Central Rada of Ukraine, which was the first elected parliamentary organ in the country’s history, then adopted the Third Universal (Declaration and program address). It became the first constitutional act of the new Ukrainian state that guaranteed its people personal immunity, freedom of speech, press, assembly and faith. Already on January 22, 1918, the Central Rada adopted the Fourth Universal that proclaimed sovereignty and independence of Ukrainian People’s Republic (UPR), however the Draft of the UPR’s Constitution never materialized on account of the coup in April 1918 that halted the innovations of the Central Rada.

 

Almost simultaneously with the processes of revival of the Ukrainian state the territory that was part of the Russian Empire and another part of Ukraine was under the Austria-Hungary rule.  The Ukrainian National Rada was formed that declared sovereignty of the West Ukrainian People’s Republic (WUPR) and adopted its Provisional Basic Law. Under this constitutional act the power belonged to the people that could elect parliament through equal, secret, direct and proportional voting, but in eight months because of the Ukrainian-Polish the WUPR ceased to exist.

 

During the military struggle of the Bolshevyks for the reestablishment of Soviet regime in Ukraine the First Constitution of the Ukrainian SSR was adopted at the Third all-Ukrainian Congress of Soviets. There were  certain changes introduced after the formation of the USSR in 1922. Later on, in accordance with new Constitutions of the USSR in 1936 and 1977, the Constitutions of the Ukrainian SSR of 1937 and 1978 were correspondingly adopted.

 

The principles of formation and the functioning of the structures of power proclaimed in the Soviet constitutions were predominantly of formal character. Elections at all levels happened as semi-compulsory voting for a candidate without an alternative appointed by the nomenclature Party organs. Deputies thus elected had, in fact, a single duty and it was to formally and in accordance with tradition unanimously approve decisions taken by the Communist Party. At the same time the Soviet constitutions granted the citizens extensive social rights for employment, education, health protection and pensions that were not only declared but affected actually. As to the political right – freedom of speech, press, assembly, movement, faith and secrecy of correspondence, were only declarative without being actually observed. Social and political activity existed under the exclusive leadership of the Communist Party and strict total control by the security organs (i.e., KGB). The Ukrainian Soviet constitutions operated for over seventy years.

 

The latest constitutional process in Ukraine has started with the adoption of The Declaration of the State Sovereignty of Ukraine voted by the Verkhovna Rada of Ukraine in 1990 during the dying days of perestroika in the USSR.

 

Soon afterwards, outstanding historical events occurred:  the Declaration of Independence of Ukraine of August 24, 1991, and nation-wide referendum of December 1, 1991, that verified the Act of Ukrainian Independence. During 1991 to 1996, commissions formed separately by the Verkhovna Rada and President put several drafts of the Constitution forward to be long-lastingly and they were discussed, amended and elaborated upon.

 

Thanks to the consensus reached among all the political forces of the country, and resulting by the Verkhovna Rada’s tense activity, on June 28, 1996, the Constitution of Ukraine currently in force and the Law to carry it into effect were adopted.