Журнал Viche 2006 №13

№13, 2006

Are we ruled by laws or by concrete persons?

The value of the Constitution is in the point that it determines fixed characteristics and norms of our behaviour in which we are free, because we are ruled by laws but not by concrete persons.

July 16, 1990
On July 16, 1990 The Verkhovna Rada of Ukraine adopted the Declaration about the state sovereignty of Ukraine

To be a sovereign is - super

The word "sovereignty" descends from the Latin super - over, over above.Ukrainian nation proclaimed itself a sovereign - the one, who is above.This is a privelege which is more like a duty, it can't be set up again theVarangian and one can't hide from it in the farm-stead.The one, who is above doesn't belong to himself.Only he can say: the state - is me.The sovereignity gets lost together with dignity.
The adoption of declaration was the first step to the reestablishment of a historical justice, the revival of Ukrainian nationality, the unity of Ukrainian people and their lands.The most fundamental positions which directed people for creating the independent and legal state, development of democracy, the all-round ensuring of rights and freedoms of man are fixed in it.Relying on declaration, on August 24, 1991 The Act about the proclamation of Ukaine's independence was adopted.
Declaration confirms the self-determination of Ukrainian nation, nation's power, the principle of division of state power into legislative, executive and court, territorial integrity of Ukraine within the limits of actual frontiers , the guarantees of ecological safety and the cultural development.Ukraine has solemnly proclaimed about its intention to become in future a permanently neutral country that doesn't take part in military coalitions and keeps to three nonnuclear ptinciples.And it has to be kept in mind now, when discussions about the level of cooperation with the NATO are carried out.
The same as the Constitution of Pylyp Orlyk and the Fourth Universal of the Central Rada the declaration has become a statement, which attested the degree of the political development.But its peculiarity is in the directivity into the future.Political and legal statements concluded in 1710 and 1918 proved to be torn ways.The declaration could have another fate.However it is not mentioned as one of the foundations in the preamble of the Constitution , though it is mentioned: "The Declaration is a foundation for a new Constitution, laws of Ukraine". The reason for this was the sentence from concluding regulations: Declarations are used for concluding a union treaty".The conjuncture addition spiled all statement.The main problem of present - is the state of the Ukrainian language - can be solved on principles declared in 1990. Item 2 part 8 of the declaration determines: "The Ukrainian SSR provides a national and cultural revival of Ukrainian nation, its historical awareness and traditions, national and ethnographycal pecularities, functioning of Ukrainian language in all spheres of social life" During 15 years of existence the Ukrainian state has not acomplished this task.The legalization of the dominant status of the Russian language is actually a neglect of values, which determined the approval of sovereignty.Does russificated Ukraine needs sovereignty?Whether the present Verkhovna Rada has supported this position of the declaration?Declaration became the foundation of nationality.When building up Ukraine let stay on it.And everything will be super!