Constitution of Ukraine as “social contract”: notes to scientific discussion through its drafting, adopting and amending
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2017, Vol 2, Issue 2
Abstract
The autor has discussed the expediency of distinguishing such a feature of the Constitution of Ukraine as a social contract on the basis of an analysis of the processes of its development, adoption and amending. He has emphasized on such components of the characteristics of the social contract as its subjects, object and the preconditions of formation. The conclusion has been made that the current state of Ukrainian society, its actual non-involvement in the process of drafting and adopting the constitution of Ukraine, as well as making amendments to it, does not give grounds to consider the current Fundamental Law of the state to be a social contract; the peculiarities of drafting, adopting, amending and implementing the provisions of the Constitution of Ukraine make it possible to characterize it as a political-legal agreement, based on a compromise between the ruling elites and the power centers – the President and the Verkhovna Rada of Ukraine.
Authors and Affiliations
Andriy Samotuga
Keywords
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