The rule of law in the UNR Constitution of 1918

The article is devoted to the coverage of the foundations of rule of law in the UNR Constitution in 1918. It is argued that the Constitution of the Ukrainian People’s Republic is extremely significant for the Ukrainian people, it was crucial for the further political and legal development of the Ukrainian state. The Constitution proclaimed the Ukrainian People’s Republic a sovereign democratic parliamentary state. Principles were introduced and legal rules were implemented, which were completely new to the legal system of Ukraine of that time. These include recognition of the people by the subject of power, decentralization of power, the principle of equality of political and civil rights, etc. It is noted that the Constitution of the Ukrainian People’s Republic was developed under the best examples of constitutions at that time, but with some peculiarities that took into account the socio-political and economic conditions of life in the UNR. The document legally proclaimed the revival of national sovereignty and statehood, the legal foundations of civil society development were envisaged. It is emphasized that an important principle of the UNR Constitution was the division of powers into legislative, executive and judicial. Local authorities embodied elected councils and administrations in urban and rural communities, townships and lands. The key role of the national assembly as the Supreme Authority of the UNR, which was elected on the basis of a national vote on a proportional basis, was stated, while universal, equal, direct suffrage and secret ballot was introduced. At the same time, the status of a parliamentary deputy was determined, which was elected for a term of 3 years and worked on a permanent basis, which clearly proved the professional nature of the national assembly. The election was established by the UNR court. It is noted that the UNR Constitution defined equality in their civil rights and constitutional freedoms, the document did not allow the difference in the rights between a man and a woman. At the same time, the death penalty and corporal punishment were abolished, as they disgraced human honor and dignity. For national minorities, the right of national personal autonomy was envisaged. The implementation of national-personal autonomy was to be carried out through the National Union, which, within its competence, had the right to pass laws and exercise appropriate governance. It is emphasized that in practice the UNR Constitution has enshrined democratic values and principles, many of which were used in the process of creating a modern Constitution of Ukraine.

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Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2025-04-29
DOI
https://doi.org/10.24144/2788-6018.2025.02.5
Primary Topic
International Law and Human Rights
Type
article
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The rule of law in the UNR Constitution of 1918

Stella Kelbia
Analytical and Comparative Jurisprudence
International Law and Human Rights
article

The rule of law in the UNR Constitution of 1918

Stella Kelbia
article en

Abstract

The article is devoted to the coverage of the foundations of rule of law in the UNR Constitution in 1918. It is argued that the Constitution of the Ukrainian People’s Republic is extremely significant for the Ukrainian people, it was crucial for the further political and legal development of the Ukrainian state. The Constitution proclaimed the Ukrainian People’s Republic a sovereign democratic parliamentary state. Principles were introduced and legal rules were implemented, which were completely new to the legal system of Ukraine of that time. These include recognition of the people by the subject of power, decentralization of power, the principle of equality of political and civil rights, etc. It is noted that the Constitution of the Ukrainian People’s Republic was developed under the best examples of constitutions at that time, but with some peculiarities that took into account the socio-political and economic conditions of life in the UNR. The document legally proclaimed the revival of national sovereignty and statehood, the legal foundations of civil society development were envisaged. It is emphasized that an important principle of the UNR Constitution was the division of powers into legislative, executive and judicial. Local authorities embodied elected councils and administrations in urban and rural communities, townships and lands. The key role of the national assembly as the Supreme Authority of the UNR, which was elected on the basis of a national vote on a proportional basis, was stated, while universal, equal, direct suffrage and secret ballot was introduced. At the same time, the status of a parliamentary deputy was determined, which was elected for a term of 3 years and worked on a permanent basis, which clearly proved the professional nature of the national assembly. The election was established by the UNR court. It is noted that the UNR Constitution defined equality in their civil rights and constitutional freedoms, the document did not allow the difference in the rights between a man and a woman. At the same time, the death penalty and corporal punishment were abolished, as they disgraced human honor and dignity. For national minorities, the right of national personal autonomy was envisaged. The implementation of national-personal autonomy was to be carried out through the National Union, which, within its competence, had the right to pass laws and exercise appropriate governance. It is emphasized that in practice the UNR Constitution has enshrined democratic values and principles, many of which were used in the process of creating a modern Constitution of Ukraine.

Analytical and Comparative Jurisprudence(2)
Human Growth Foundation (US)
Openalex Percentile: Top 90%
International Law and Human Rights
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