The current Constitution of Ukraine has passed a difficult path of formation and development, evolving in the context of the genesis of domestic Constitutional Law. It became the pinnacle, the most significant achievement of Ukrainian theory and practice of constitutionalism. The Constitution of Ukraine of 1996 became the first universally recognized national constitution of the independent Ukrainian state, which defined the foundations of social and state order, human and civil rights and freedoms, the order of organization and functioning of state authorities and local governments and legal protection of the Constitution.
The Constitution of Ukraine of 1996, as the Constitution of the fourth generation, absorbed the advanced achievements of world constitutionalism and fully complies with international standards both in the organization of state power and in the consolidation and guarantee of fundamental rights and freedoms of citizens. This is confirmed by many expert opinions, including the opinion of the European Commission on Constitutional Law (Venice Commission of the Council of Europe). The current Constitution of Ukraine is characterized, on the one hand, by maintaining continuity in the regulation of many spheres of public life (name and number of the highest representative body, the widest range of declared rights and freedoms, social character of the state, direct elections, widespread use of referendums, etc.), and on the other hand, a significant update of the normative material, which reflects the revolutionary changes that have taken place in Ukrainian society since the early 90's of the twentieth century.
The novelties of the Constitution of Ukraine of 1996 can be divided into two groups:
- Those concerning the organization of public power in Ukraine:
- for the first time the principle of legal supremacy of the Constitution and direct effect of its norms was constitutionally enshrined; laws and other normative legal acts must be adopted by public authorities only on the basis of the Constitution and must comply with it (parts 2 and 3 of Article 8);
- enshrined the transition from a Soviet republic based on the principles of Soviet power and democratic centralism to a semi-presidential republic, in which state power is exercised on the basis of its division into legislative, executive and judicial (Article 6);
- a new mechanism of checks and balances was introduced in the system of higher bodies of state power; more clearly divided competence between them;
- formulated new principles of organization and exercise of public power, such as the principle of legal, social state (Article 1), the rule of law (Part 1 of Article 8), recognition and guarantee of local self-government (Article 7), universal jurisdiction of the court. 2 Article 124), etc .;
- new bodies of state power were established, such as the Commissioner for Human Rights of the Verkhovna Rada of Ukraine (Article 101), the Accounting Chamber (Article 98), the High Council of Justice (Article 131), and local state administrations (Articles 118, 119);
- the legal status of some public authorities (including the President of Ukraine, the Constitutional Court of Ukraine, the prosecutor's office, local councils) has undergone significant changes.
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- 2.Those concerning the basics of the legal status of a person in Ukraine:
- established new principles of legal status of the person, in particular: the highest social value of human (Article 3), inviolability and inalienability of fundamental rights and freedoms (Article 21), mutual responsibility of man and the state (Part 2 of Article 3, Article 68) recognition international legal standards in the field of human rights (Article 9), etc .;
- the list of constitutional rights and freedoms of citizens has been significantly expanded; for the first time the right to life, to entrepreneurial activity, freedom of worldview, to a sufficient standard of living was enshrined;
- the list of constitutional duties of citizens has been changed: for the first time the obligation to pay taxes and fees, to respect state symbols has been established; the obligation to protect socialist property has been abolished; the content of other responsibilities has been adjusted;
- the list of legal guarantees of fundamental rights and freedoms of citizens has been significantly expanded; for the first time at the constitutional level, the right of everyone to know their rights and responsibilities, not to carry out explicitly criminal orders or orders; inadmissibility of restriction of constitutional rights and freedoms, the right to compensation for material and moral damage caused by illegal decisions, actions or inaction of public authorities and their officials;
- for the first time the right of a person to apply for protection of his rights to international judicial institutions or relevant bodies of international organizations of which Ukraine is a member or participant is recognized;
- new human rights institutions are envisaged, such as the Commissioner for Human Rights of the Verkhovna Rada of Ukraine or the Constitutional Court of Ukraine; the President of Ukraine was proclaimed the guarantor of observance of human and civil rights and freedoms;
- for the first time it is established that the Constitution cannot be changed if the changes provide for the abolition or restriction of human and civil rights and freedoms (Part 1 of Article 157). The adoption of the Constitution of Ukraine by the Fifth Session of the Verkhovna Rada of Ukraine on June 28, 1996 became the most important historical event in the life of the Ukrainian people after the proclamation of Ukraine’s independence on August 24, 1991 and approval of the Act of Independence of Ukraine on December 1, 1991. This completed the process of becoming Ukraine as a sovereign state with its own Basic Law. The adoption of the Constitution testified to the achievement of a certain stability in Ukrainian society. After all, this process itself is usually conditioned by the transition of society to a qualitatively new state; in Ukraine, the result of the change in the social order was the formation of civil society and a democratic, social, legal state. The Constitution of Ukraine establishes the foundations of its social and state system, determines the directions of development of society and the state, the foundations of organization and activity of public authorities, establishes constitutional guarantees of human and civil rights and freedoms, directs the development of state and self-governing forms of democracy. It is the Basic Law not only of the state, but also of society, as it establishes the principles of organization not only of the state mechanism, but also of the institutions of civil society, determines the state and social order of Ukraine. Head of the Department of Constitutional and International Law of the Faculty № 4 KhNUIA, Doctor of Law, Associate Professor, lieutenant colonel of police Mykola Marchuk
