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Реферат New democratic constitutionalism in Ukraine: problems of development





tural objects and districts of special value, should realize supervision for the purpose of careful use, and restoration of natural resources (Article 54). The Constitution of Ukraine proclaims that maintenance of ecological safety and maintenance of ecological equilibrium on the territory of Ukraine, overcoming of consequences of the Chernobyl accident - the accidents of planetary scale, preservation of the people of Ukrainian are the duty of the state (Article 16 ) [19]. , Maintenance of ecological safety as the right to healthy environment has been reflected in the system of human rights. Modern researches testify, that new global processes require another level of ecologization of rights - Their connection with no sphere, co-evolutional and ecologic-humanistic interpretation of human society. In this connection the person should not forget about the limits of his ecological environment, inevitable fatal consequences if the limited not renewed resources would be exhausted and process of self-reproduction of biosphere would be disturbed. Therefore, enjoying his rights and various institutes of constitutionally legal regulations for satisfaction of various and all constantly growing needs, the person and mankind should take into account ecological imperatives; correlate his freedom with natural-ecological restrictions. The constitutional volume should reflect harmony of development of the person and the natural environment. The person himself should be interested in it for providing his future. The constitutional right and all human rights and the most vital right - the right to life - should have already been accumulated with programs of strategic biological regulation, stabilization of environment, preservation of natural communities, ecosystems, biosphere in general [20]. the major direction of the new democratic constitutionalism should become institutionalization at the constitutional level of other forms of live matter which have the same natural rights as people - representatives of the Homo sapiens still prevailing on our planet. In our opinion, in the nearest future it is necessary to develop and adopt the Ecological Constitution of Ukraine. is necessary for the young Ukrainian democracy to follow precise state constitutional policy who would take into account not only positive tendencies of development of the new democratic constitutionalism, but the influence on mechanisms of realization of power on the remaining of the postSoviet constitutionalism. And especially during the period of constitutional changes happening now in the state [21]. At this stage the parliament should even establish the certain set of political rules of the constitutional development of the Ukrainian society, for example, as Declaration on the people's sovereignty or in any other political-legal act. is necessary to return to the new democratic constitutionalism the principle of social justice, fixing it as one of the fundamental bases of the constitutional system of Ukraine. This important conventional principle is mentioned in the Constitution of Ukraine in Article 95 stipulating the principle of fair and unbiased distribution of public riches among the citizens and territorial units. is clear, that it is a complex philosophical-legal category which is treated differently in different historical periods. Nevertheless, ignoring the principle of social justice always results in social indignations and instability in the society. the problems of developing of the new democratic constitutionalism in Ukraine it is necessary to note legal nihilism whose essence is objection of ability of the law to regulate public relations. of legal nihilism (especially constitutionally-legal nihilism) has deep historical roots in Ukraine and without fast overcoming of it, this lack can get menacing scales for the Ukrainian statehood (for example, the regional status of the Russian language, obstacle of activity of the constitutional justice, the January resignation of the government, the decision of the local court on the General public prosecutor of Ukraine, etc.). It is necessary to raise the low level of legal culture of the population, to restore trust of people to the law. It is necessary to begin with the personal example of observance of the Constitution and laws of Ukraine by the organs of public authority and their officials, in particular, by higher officials. democratic constitutionalism and monopolization of constitutional system. One of the key problems of the new democratic constitutionalism, in particular, in Ukraine is municipal reform, first of all, the constitutional reform of local self-management whose purpose is formation of a qualitatively new model of local self-management. In fact real and capable local self-management will allow the state to become the state of self-managing units. In fact, at a level of local self-management in borders of local territorial communities - territorial  co...


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