Constitutional Acts of the Early Twentieth Century in the History of Constitutional Process in Ukraine

Problem setting. The development of the modern theory of constitutional law proves that scientifically concrete understanding of the patterns and trends that determine the constitutional development of Ukraine in the beginning of XXI century provides research of historic dimension of the constitutional traditions and transformations. The short-termed within the time framework, however, extremely fruitful in sense of generating of different constitutional ideas period of the second decade of XX century has an exclusively significant meaning in theoretical and practical sense for an adequate understanding of the way of constitutionalism establishment on Ukrainian territories. Topicality of the research and analysis of recent publications. While pointing out the
scientific meaning of the role and the main ideas which were reflected in the constitutional acts in the beginning of the XX century, the attention must be paid on the aspects which make this theme topical in the framework of the modern constitutional process. (1) During a long time the mentioned stage of Ukrainian constitutionalism establishment hasn’t been discussed or described as «bourgeois-nationalist» and as that not to be able to carry any values because of number of reasons (mostly of political and ideological reasons). Currently the situation is changing thanks to the works of the following authors: O. Skrypniuk, O. Myronenko, O. Shemchushenko, V. Rumiantsev, V. Yermolaiev, V. Tymoshenko, O. Golovko, V. Goncharenko, V. Lemak, O. Bandura, D. Prokopov and others. (2) The researched in this article period of Ukraine’s development was marked by attempt to find an appropriate model not only of the state form, that included, first of all, the form of government and the form of territorial structure as well as fundamental constitutional basics of cooperation between the state and a citizen, as well as civil society, which would correspond the ideas about law and legal statehood of that time. This can be largely noticed in the current
constitutional process in Ukraine. (3) An adequate understanding of the specifics of establishment and development of the constitutionalism in modern Ukraine is impossible without appealing to the roots and traditions on the basis of which it’s being currently established in Ukraine. Targets determination. The mentioned above facts significantly increase the importance of the research of the constitutional acts of the beginning of XX century in the history of constitutional process in Ukraine that is the aim of this article. The main provisions of the article and summaries. An important part of the modern theory of constitutional process in the area of constitutional law applies to history of its development at the beginning of XX century during 1917–1921 that were featured by the attempts of establishing of independent and sovereign Ukraine. And tough these attempts were unsuccessful, they had a great meaning for the establishment of Ukrainian constitutionalism and common aim of constitutional process establishment at the direction of realization of targets of establishment of the sovereign, independent, legal and democratic state, for which the main values are human and citizen rights and freedoms. During the modern constitutional process in Ukraine as well as objective need in modernization of the Constitution of Ukraine it seems to be useful and justified to apply to the sources of Ukrainian constitutionalism of the beginning of the XX century either from the view of the constitutional ideas, that were proposed that time, or in the context of improvement and implementation of the concrete models of functioning and development of the separate institutes of the constitutional law. From the point of view of creation of the common methodology of the constitutional procedure research in Ukraine it should be mentioned that an important part of it should become applicable to the diachronic dimension of the constitutional procedure, that makes possible to demonstrate not only its organic unity with the tradition of constitutionalism in Ukraine, but also determine its historical patterns as one of the main aspects of the constitutional development of Ukraine.