The Constitution of Ukraine
Topic 4. Constitutional legislation
The Constitution of Ukraine
The Constitutional system of Ukraine.
Institute of citizenship of Ukraine.
Classification of Constitutional human and citizens rights, freedoms and duties.
Concept and forms of realization of peoples sovereignty, direct and representation democracy.
Election system of Ukraine.
The Constitution of Ukraine
The constitutions take a special place in the world civilization and play an important role in the political history of every country. The first constitutions were adopted at the end of the eighteenth century. The Constitution of the USA was adopted in 1787. In 1791 the Constitutions of France and Poland were adopted..
But long before, in 1710, in Bendery city Cossack Rada and Pylyp Orlyk, Getman of Ukraine in expulsion, adopted the document which was the first prototype of modern constitutions. It was called "Pacts and Constitutions of Laws and Freedoms of Zaporozhsky Troops".
The Constitution of Ukraine a single legal act, processing special legal character, and which the Ukrainian people expressed their sovereign will, confirms main principles of the society and the state, defines the system and the structure of state and local governments, foundations of the legal status of the individual, the territorial the State.
In the modern world the constitution officially or informally regarded as the fundamental law of the state and society. In particular, the preamble of the Constitution defines it as the basic law of our country.
Constitution has specific features (legal properties):
1) supremacy in the system of legal acts. The Constitution of Ukraine has the highest specific legal force. All laws and regulations must comply with its provisions;
2) the adoption of a special procedure. The Constitution of Ukraine was adopted by a qualified majority of the Supreme Rada. 312 deputies voted for it. It’s at least two-thirds of the constitutional membership of the Supreme Rada;
3) the presentation of a special form of legal regulations. Provisions of the Constitution of Ukraine are of a general nature. On the basis of almost every article of the Constitution can be created independent of the legal act.
4) a special procedure for the change. Amendments to the Constitution of Ukraine are made in a more complex manner. A draft bill is adopted if at least two thirds of the constitutional membership of the Supreme Rada voted for it . The draft bill on amendments to Chapter I, III, XIII must be adopted by at least two thirds of the constitutional membership of the Supreme Rada and approved the Ukrainian referendum;
5) special content and a special subject of legal regulation. The Constitution of Ukraine is not only legal, but a political document. It formulates the strategic objectives of the Ukrainian society, defines the basis of the political system for the regulation of the relationship between citizens and their associations, on the one hand, and the state - on the other side;
6) the special nature protection. Supremacy of the Constitution of Ukraine in the legislation is provided by a special state body - the Constitutional Court. The Constitutional Court may issue a decision on the recognition of any legal act unconstitutional;
7) the special character of the Constitution as the statute defines the specific nature of its functions. Like all other regulatory legal acts of the Constitution are inherent regulatory and guarding functions.
Regulative function defines basis of relations between citizens and state, between the state bodies, fixed fundamental rights and duties.
Guarding function protects the most significant social wealth. For example, the art. 27 proclaims: “No one shall be arbitrarily deprived of life”
In addition to the legal functions the Constitution of Ukraine has a number of special functions:
- Constitutive function.The Ukrainian Constitution gives rise to the modern Ukrainian state, establishes the public authorities, determines their competence, establishes the basis of law in Ukraine;
- Integrative function. The Constitution of Ukraine urged to unite Ukrainian society around proclaimed and guaranteed ideas;
- Ideological function. In Constitution of Ukraine fixed ideological values, the political aims of the Ukrainian society and defined the means of achieving them. Thus, the Constitution of Ukraine represents the legal basis for the existence of the Ukrainian society and the state.