Ukraine is in political turbulence zone at the moment; behavior and decisions of the citizens would determine whether Ukraine is going to continue its existence as a state or no. This formulation is quite categorical, however realistic enough. External military-politic aggressive challenges provoke the nation of Ukraine to find the ideological foundation which would lead towards the “happy future” by the means of certain reforms. Where could this ideological basis, that would gather and direct people of Ukraine, be formulated and represented in? Certainly, in the “body of the Constitution”.
It’s very important for me, being a citizen of Ukraine, for Constitution to represent my will, my intentions and to protect me from either internal or external arbitrariness. In my opinion a citizen and the nation, but not the state and authority ought to be main factors for Constitution to be built upon. State and authority are objects, while citizen and nation are subjects of a constitutional process. This approach can be called democratic as only the nation is a source of power, and any institutionally established political or state authority is to be based on the legitimation process and the legitimacy of its policies and general course of action on the mechanism of people’s will.
Does Ukraine need a new Constitution at the moment? In my opinion it does. Revised Constitutions of Ukraine from 1996 and 2004 proved their practical disability to fully exercise people’s will and protect Ukrainian citizens’ interests. One of the basic functions of the Constitution is the separation of executive, legislative and judicial powers and their institutional authorities; however in the context of the present constitutional process in Ukraine the first was properly executed while the second was sometimes eliminated. “Constitutional revolution” of 2010 was a great example of that.
Realization of the constitutional statements is not to be based only on legal codification, but first of all on legal and cultural traditions of a community. At the moment Ukrainian society gets more experienced in building independent state where elements of democratization executed in certain actions are being sharpened. The Revolution of Dignity is a positive example of national activity and conscience being activated, as well as a signal of impossibility of Ukrainian Fundamental Law to be neglected, as it was widely practiced during the past years of Ukrainian independence.
Ukrainian constitutional and political-legislative tradition is more than 300 years old, starting from Philip Orlyk Constitution from 1710 and until modern constitutional process. However generally it was putting together thoughts and justification of common principles, while no actions were taken, as Ukraine was not an independent state as it is now. Internal military-occupational challenges didn’t allow for republican political tradition to get developed and complete Ukrainian statehood to get formed. Actual constitutional process can be only implemented while state being independent; only in this case a Constitution bears its meaning and significance.
In modern political and legal dimension in Ukraine the Constitution is to consist of a number of basic principles of democratic government, as well as a valid “supreme legal document” which would be able to block any attempt to usurp state authority in Ukraine. The Constitution is to be focused on a state as a subject of a political process, but is to be established for people to organize their own political system due to their abilities. However all internal and external problems won’t be resolved instantly when the new version of Constitution is established. The Constitution of Ukraine is a basis for actual and symbolical fight for happiness of every citizen, for overall social welfare and for strengthening of independence of Ukrainian Republic. Ukrainian Fundamental Law is to be constantly supported the nation and every separate citizen, and final overcoming of legal nihilism in Ukrainian society is one of the ways to approach that.
So, we can state for ourselves that Ukraine requires a new Constitution because current internal Ukrainian political atmosphere comes into its new dimension of social Ukrainian culture, where additional opportunities to control state and political authorities are to be provided for the nation of Ukraine. The main postulate to prove it is the thesis that “There is no good or bad power, there is only controlled and uncontrolled power”. A clearer separation of authority bodies is required, where each of them is to be responsible for a separate field of decision making. Clearer constitutional recognition of transparency, openness and publicity of political and state power is required, checks and balances are to be organized more properly, especially in the legislative power body, in order to avoid the construction of democratic process in Ukrainian political tradition to be violated any more. Any opportunity of supreme power to be usurped is to be blocked by the means of a unified model of electoral system for the presidential, parliament and local authorities in the “body of the Constitution”.
It was stated in the IV Universal of Central Rada: “And in difficult time the will of Ukraine revived”. I’ll do everything I can from my side in order to Ukrainian will never fall again.