Українською | In English
Viche 2009 №24

№24, 2009

Constitutional Problems of the Constitutive Power in Ukraine

Presently the Head of the state has put on the agenda of political and legal life in Ukraine the question about the new Constitution. But do we need new Principal Law? We don’t have precise and understandable answer on this question. Not only average citizens, but also scientists, political analysts and legal scholars have doubts regarding it. There is a necessity to determine, as one of classics of Marxism said, “that key link, grasping which, one can pull the whole chain”. And for this one needs first of all to push off the comprehension of the meaning, essence and contents of the operating Constitution.

Estimating manifold and in general positive historical role of the Constitution dated the year 1996, special attention should be paid to its cognitive and deductive meaning. As far as the process of its adoption and its long-term operation gives rich background for reflections concerning the development of national and world political and legal thought.  

Among other problems which appear from these reflections the most important one seems to be the problem of organization and implementation of the Constitutive power in Ukraine.