Constitutional Construction in Ukraine during the New Economic Policy (1921–1929)

History of State and Law of Ukraine is rich in important events. Powerful experience is saved up in the country in the field of the constitutional construction. The unique document is Constitution of Orlik 1710 which was an outstanding monument to the Ukrainian political and legal thought. The constitution of UNR was adopted by the Ukrainian Central Rada on April 29, 1918 and provided creation in Ukraine of the parliamentary republic. Considerable constitutional experience was saved up also Soviet period which research allows to receive additional arguments in favor of a conclusion about hopelessness of functioning of the Soviet model of the power in the country. Researchers allocate the state and the right in the period of new economic policy (1921–1929) during the independent period in the history of the Soviet Ukraine. Within this period there were many changes in legislative regulation of questions of the state, economic and welfare construction. At this time also the constitutional construction in the Ukrainian Socialist Soviet Republic (UkrSSR) was rather active.At the beginning of new economic policy in the republic the Constitution of UkrSSR of 1919 worked. It was accepted on March 10, 1919 by the III All-Ukrainian congress of Councils of working, country and Red Army deputies which took place in the city of Kharkov. Finally the first Constitution of USSR was approved at a meeting of the All-Ukrainian CEC (VUTsIK) on March 14, 1919. The Constitution of RSFSR was 1918 the basis for the Constitution of UkrSSR that is one more of certificates of a complete dependence of the constitutional construction in Ukraine from such construction in bolshevstsky Russia. Almost all articles of the Constitution of UkrSSR of 1919 were penetrated by utopian ideas of socialism and dictatorship of the proletariat. So, for example, in a basis of creation of a new social order in Ukraine this Constitution underlay the principle of elimination of a private property on the earth and on means of production about what it was told in the first section of the Constitution «Main beginnings». Such private owners as capitalists and landowners, the Constitution in article 1 called «immemorial oppressors and exploiters» of the proletariat and the
poorest peasantry. The attitude of the Constitution and towards representatives of other prosperous sectors of society was negative. In article 2 of the Constitution it was unambiguously declared that «implementation of transition from a bourgeois system by socialism by carrying out socialist reforms and systematic suppression of all counterrevolutionary intentions from prosperous classes» is a task of dictatorship of the proletariat. Thus, in a basis of a social and political system in UkrSSR the first Soviet Constitution of Ukraine put the class principle which contradicted universal values. For development of provisions of the Constitution of USSR of 1919 about system of government bodies of UkrSSR in the first years of new economic policy a number of the regulations which were in details regulating their organization and activity was adopted. So, for example, the resolution V of All-Ukrainian congress of Councils of March 1, 1921 «About the Soviet construction» was the statutory act which concerned the basic moments of construction and competence of All-Ukrainian congress of Councils, of VUTsVK , Presidium of VUTsVK . That is in the first years of new economic policy regulations of the constitutional character which provisions should be reflected in the Constitution of UkrSSR were adopted. Besides, considerable changes in the state construction of the republic happened in connection with formation in 1922 of UkrSSR and entry into its structure the Ukrainian Soviet Socialist Republic. This event
was fixed in the Constitution of the UkrSSR 1924 which acceptance demanded display and in the Constitution of UkrSSR. Couldn’t but affect the constitutional construction in UkrSSR such important events, as formation in 1924 the Autonomous Moldavian Socialist Soviet Republic with its inclusion in structure of UkrSSR, and also carrying out in the early twenties in Ukraine of administrative-territorial reform. Therefore the question of modification of the Constitution of UkrSSR ripened. Its decision was carried out by the X A ll-Ukrainian congress of Councils in May, 1925 which adopted the resolution «About Change of the Constitution of the Ukrainian Socialist Soviet Republic». However modification of the Constitution of UkrSSR of 1919 was insufficiently. It was required to develop and adopt the new Constitution of UkrSSR which would reflect all changes which happened in Ukraine in a social, political and legal order in the period of new economic policy more fully. This gap was filled with ХІ All-Ukrainian congress of Councils which adopted the new Constitution of USSR on May 15, 1929. This Constitution stopped the action because of adoption of the new Constitution Ukrainian the Soviet Socialist Republic by thy Extraordinary XIV congress of Councils in 1937.