Журнал Viche 2009 №19

№19, 2009

A president comes. With project of a new Constitution

Will referendum in relation to a new Constitution be declared similarly a decree, as well as its design review? Only, consequences of such state creative experiment – different, to what he will lead is a big question.

Coming out the presidential project of new release of Constitution it is possible and to forget proclamation of independence of Ukraine about Act. About this document accepted by parliament and supported by a national referendum, mention is not here. Became antiquated irrelevant on a present tense our voice or is not determination a legal concept «independence of the state given again»? Are there what arguments in behalf of such exception? 

Indeed, everywhere speech goes in legal literature about state sovereignty under which and independence is understood. And what is the independent state, state independence – the devil knows!  

Why then republic having Declaration of state sovereignty of Ukraine from July 16 1990 and international legal subject, membership in UNO, on Augusts 24, 1991 accepted Act of proclamation of state independence of Ukraine efforts of Ukrainian parliament, and people supported him on an all Ukrainian referendum on December, 1 of that year? Does it appear, Declarations about state sovereignty was not enough?  Ukraine as state was acknowledged by world only after approval of Act of proclamation of its independence folk wills. 

Do not think that a delirium European Union so could outshine memory of author of project and he adding suggestion «realizing itself inalienable part of European community» in Preamble, suitable to forget about independence of Ukraine. 

Consequently, from the scientific point of view, sovereignty and independence burdened degrees and ranks does seem tautology, why so methodically «measure» this ponderable and it is to pain clear for the citizens of Ukraine of concept? «Independence» next to «sovereignty» in the context of Constitution has such semantic meaning, as well as «God».

Svitlana Pysarenko