Comparative Legal Analysis of Constitution of Ukraine of 1710 and Constitution of Poland of 1791

The paper presents a comparative legal analysis of the application of the principle of separation of powers into legislative, executive and judicial in the Constitution of Ukraine of 1710 and the Constitution of Poland of 1791. The study is due to the affinity of state and legal traditions formed in Ukraine in days of the Polish-Lithuanian Commonwealth. Due to the combination of the ideas of European constitutionalism and their own state and legal experience, the Ukrainian and Polish Constitutions of the 18th century had a number of common and distinctive features regarding the introduction of the principle of separation of powers. The constituting of the separation of state powers was to ensure the improvement of the state mechanism by increasing its efficiency under the conditions of military aggression of the Russian Empire, to prevent the possibility of usurpation of power within the country, which would contribute to the preservation of national statehood. The text of the Constitution of Ukraine of 1710 does not contain a provision that would directly establish the division of state power into legislative, executive and judicial. However, an analysis of the text of the Constitution gives grounds to assert that the separation of powers was laid down as the basis for the organization of state power. The Constitution of Ukraine of 1710 attributed the General Council to the legislative body, the Hetman and General starshyna (senior officers) to the executive bodies and the General Court to the judicial body. Having introduced the elective, collegial, controlled and accountable state authorities, the Constitution of Ukraine of 1710 established a republican form of government. According to the Constitution of Poland of 1791, the legislative power belonged to the bicameral Sejm, executive power to the king and the government, and judicial power to the Sejm Court. The Polish Constitution of 1791 provided for the establishment of a constitutional monarchy, since the king had the status of head of government, but he did not receive real authorities concerning the legislative and executive bodies. At the same time, the institution of hereditary monarchy as a guarantor of the continuity and succession of the Polish statehood was constitutionally reinforced. The Ukrainian and Polish Сonstitutions of the 18th century were characterized by the introduction of elements of a system of checks and balances in order to increase efficiency of the state power and prevent its usurpation by both individuals and particular class groups.