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Реферат New democratic constitutionalism in Ukraine: problems of development





caused by political ambitions of these or that leaders or political forces, it is not necessary to speak about its stability, and, hence, and about real constitutionalism. of the new democratic constitutionalism. In the countries of Central and Eastern Europe, the Baltic countries it took place on the boundary of 1980-1990. Ukraine had also a chance to follow the road of the developments of new democratic constitutionalism, but owing to different circumstances it did not happen. up above-mentioned and comparing modern Ukrainian constitutional practice, it is possible to make the conclusion that in Ukraine there is gradually developing the new democratic constitutionalism splash of scientific researches in the constitutional sphere; the written Constitution; presence of such democratic institutions, as the Parliament, the President, the plenipotentiary of the Supreme Rada of Ukraine on human rights, etc. thus the level of mass constitutional consciousness of the citizens, and the constitutional order in the state as the process and condition of realization of the constitutional norms, is still far from meeting high standards of the new democratic constitutionalism. However it does not harm the process of developing of the new democratic constitutionalism based on the new democratic norms of the Constitution of Ukraine of тисяча дев'ятсот дев'яносто шість (with changes of 2004), of the scientific researches of domestic lawyers and public figures, including past times (M. Dragomanov, I. Franko, M. Grushevskiy), and through mastering and introduction of the positive European experience in the constitutional life of Ukraine. constitution of Ukraine of +1996 in conditions of the new political mode shows the advantages. It actually serves the legal basis for the new democratic constitutionalism, embodies its basic elements, both through the text, and through the corresponding practice of its application, acting as the basis of the free democratic order. , Thus it is necessary to realize, that the Constitution of Ukraine, as well as any constitution in general, does not eliminate social contradictions (religious, class, etc.); it only creates civilized forms for their sanction. The constitution does not also produce social reforms, however, creates the lawful bases for them. It does not resolve any public question, but it is impossible to solve any of them without it [13]. s speak about some scientific problems of developing of the new democratic constitutionalism in Ukraine. our opinion, the most significant problem of the new democratic constitutionalism in Ukraine is absence of ideology which would be perceived by the overwhelming majority of the population of Ukraine, which would integrate all social groups and layers of the population and which would be supported by the Ukrainian state. Here it is rather disputable the regulation of Article 15 of the Constitution of Ukraine which proclaims that no ideology can admit the state as obligatory. In fact, this original constitutional objection against presence of ideological function of the state which existed, exists and will exist during all historical epochs as long, as the state will exist. In our opinion, the Ukrainian state should more actively propagandize and embody into life the global humanistic ideology of good which bases on the conventional civilized human values, and the brightest representative of this idea is philosopher G. Skovoroda. present Ukraine draws attention of the whole world and, taking into account the certain global fashion on Ukrainian, we can become a sample, a positive example for inheritance by other states in case of the embodiment into life of the new democratic ideology of constitutionalism. Transition from the existing, in fact erroneous and egoistical, anthropocentrical system of world outlook values ??to the global planetary paradigm of outlook can be the key. of the first steps in this direction should be expansion of the sphere of the constitutionally -legal regulation determining institutions of ecosystem. It is necessary to note the insignificant role which in modern constitutional law - being the leading branch of the national law - is allocated to ecosystem in comparison with sociosystem. Taking into account uniqueness of existence of the human being solely in the corresponding environment, it is quite natural, that in the constitutionally-legal regulation the ecosystem can take the in comparison with socio-and techno systems. If we support Nature, Nature will support us. of globalization of the modern constitutionalism and constitutional law are closely connected and, are appreciably, determined by increase of the role of human rights in the system of coordinates the international community - the national states - the individuals raquo ;. In 20th century human rights gradually began to get global features which reflected in the known standardization of vital and social needs of people. ...


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