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Реферат New democratic constitutionalism in Ukraine: problems of development

Abstract workdemocratic constitutionalism in Ukraine: problems of development

provisions. According to scientific classification of political modes, they can be differentiated into democratic and authoritative-totalitarian. As for democratic modes they are divided into liberal, old democratic (presidential mode in the USA, modes of parliamentary democracy in Great Britain, Germany, etc.) [1] and liberal - conservative, new democratic modes (parliamentary-presidential modes in Poland and Lithuania, parliamentary modes in Czech and Hungary) [2]. According to democratic types of political modes constitutionalism can be liberal or liberal - conservative and old democratic or new democratic. in Ukraine of democratic, social, lawful state according to the constitutional development of the state, is possible solely under the condition of introduction of new democratic constitutionalism, that is of the system of public power on the basis and according to the current Constitution of Ukraine establishing the certain balance and restriction concerning the branches of state power, and concerning attitude of state to the citizens. This version of constitutionalism essentially differs from the previous, postSoviet constitutionalism which substantially was reflection of the old authoritative, the so-called bureaucratic-oligarchic mode. Ukraine new democratic constitutionalism is a new stage in development of the constitutional system, conditioned by changes of its political mode owing to the victory of the democratic Orange revolution of 2004 [3]. The given type of constitutionalism is characteristic for the new democratic countries for the Central and Eastern Europe, the Baltic countries, and it means, that Ukraine really follows the way of modernization and clearing of the constitutional system of elements of the postSoviet constitutionalism based on the so-called formal or fiction constitutionalism. our opinion, the feature of the new democratic constitutionalism is that it is the transitive form from the postSoviet (post totalitarian - for the countries of the Central and Eastern Europe) to the modern European constitutionalism [4]. The constitutional experience of these countries specifies that the certain features of post totalitarian constitutionalism remain [5] and they can be overcome during a rather long period of time. the scientific publications various terms for designation of constitutionalism in the countries of the former socialist countries and the Soviet Union are used. Some authors only identify the national constitutionalism in the given countries, for example as, the Ukrainian constitutionalism, the Russian constitutionalism, the Romanian constitutionalism, etc. Others examine constitutionalism in the given countries through a prism of post communist (post socialist) constitutionalism [6]. Others use the term the postSoviet constitutionalism for its characteristic in the former Soviet Republics (Russia, Kazakhstan, Byelorussia, etc.). Some authors do not at all allocate additional attributes and characteristics for the category of constitutionalism, applying it, as the certain universal that is irrespective of the existing political mode, form of government, state system and other characteristics of the state. our opinion, in conditions of tense political struggle over the problem of constitutionally-legal development of the society and the state in Ukraine, it is necessary to characterize constitutionalism from the point of view of the current democratic political mode. In fact quite frequently experts and even scientists make theoretical and practical mistakes because they try to interpret the Ukrainian constitutionalism without taking into account social political methods of realization of public political power in the state. is obvious, that the features of the postSoviet constitutionalism in Ukraine are enough appreciable as very little has changed in the real constitutional life which is till influenced with tendencies of returning to pre-orange times. We mean returning to traditions of controlled democracy concerning territorial units and regions after the local party elections of 2 006, about constitutionally-legal nihilism not only of common citizens, but also of the certain part of the political elite brought up on authoritative - totalitarian doctrines, about permanent encroachments on the constitutional principles of the national independence and sovereignty on the part of contrastate opposition, etc. who frequently discredit the Ukrainian statehood, etc. , It is obvious, that it is impossible to change historical development of Ukraine. And consequently the new democratic constitutionalism, undoubtedly, will develop, but it needs time and laborious work. of constitutionalism. Both the concept of the new democratic con...

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