Constitutional Doctrine of Ukraine: Problems of Legalization, Transformation, and Europeanization

The discussion in Ukrainian constitutional law indicates a rather restrained assessment of the current state of Ukraine’s constitutional doctrine. However, this does not prevent the author from asserting that, after more than a quarter of a century of activity by the Constitutional Court of Ukraine, it is now possible to speak of certain achievements, particularly in the application and development of doctrines established in Western democracies. These include, in particular, constituent power and the supremacy of the constitution, as well as other constitutional and legal doctrines. While these doctrines are far from complete, the contours of those that are still in the stage of formation and development, as well as some promising ones, are already visible. To ensure that the process of forming Ukraine’s constitutional doctrine has a consistent, systematic character, and to increase its legal significance and normative weight (power), the article supports the legislative initiative of Ukrainian parliamentarians regarding the legalization of the category "constitutional doctrine of Ukraine." This should be understood in a narrow sense, as a product of the activities of a constitutional jurisdiction body embodied in legal positions. At the same time, the latest version of the draft law, which completely nullifies all progressive achievements in this area during the last post-reform period, was critically evaluated. Currently, Ukraine’s official constitutional doctrine is influenced by both American and European constitutional paradigms. This influence is clearly visible in the consistent endorsement of freedom and human dignity as fundamental constitutional values by the Constitutional Court of Ukraine. This is the case even though freedom is not directly defined as a value by the Constitution of Ukraine. It is important to note that freedom and human dignity are values from different legal systems (traditions): American (Anglo-Saxon) and European (especially German), respectively. The question of their mutual coexistence can be the subject of discussions and even disputes. Regarding the value of human dignity, the position of the constitutional jurisdiction body is closely aligned with prevailing views on the European continent. The category of freedom acquired constitutional status due to the official interpretation of the Constitution of Ukraine by the body of constitutional control, particularly in relation to human rights and freedoms. Now, it is time for its full approval, but in a different capacity. This pertains to the freedom of the Ukrainian people, which is being forged on the battlefield during this historic period.