Domestic Academic Legal Science and Na- tional Constitutional Legal Doctrine: Stages of Formation and Development
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2018, Vol 29, Issue
Abstract
In article stages of development of the national constitutional legal doctrine, a role of the academic jurisprudence in development of the constitutional theory and participation of scien- tists – members of National Academy of Sciences of Ukraine in formation and development of doctrinal provisions which became a basis of constitutional and legal strategy of the Ukrainian people in finding of independence, creation of the democratic, constitutional, social state, civil society on the basis of the best European and world achievements are investigated. Stages of development of the constitutional legal doctrine and its realization in the state process of 1991–2017 are traced. The special part in article is assigned to illumination of a contribution of members – law- yers of National Academy of Sciences of Ukraine in generation of the constitutional and legal ideas which formed a basis of formation of the national constitutional legal doctrine. Such outstanding scientists as M. P. Vasilenko, S. S. Dnestrovsky, B. O. Kistyakovsky, M. I. Paliyenko, V. F. Taranovsky, etc. stood at the origins of scientific bases of its formation. To S. S. Dnestrovsky, M. I. Paliyenko, V. F. Taranovsky, M. P. Vasilenko, belongs development of the theory of constitutionalism as bases of the constitutional legal doctrine. Theoretical pro- visions of the democratic, constitutional, social state and its institutes gained the development in M. P. Vasilenko, B. O. Kistyakovsky, M. I. Paliyenko, V. F. Taranovsky’s works. The special attention to problems of the state and national sovereignty in the researches was given by S. S. Dnestrovsky and M. I. Paliyenko. The scientific provisions the Ukrainian scientists cre- ated a basis for the constitutional creation in the state process of the Ukrainian revolution of 1917–1921. Subsequently M. I. Paliyenko became the participant of the constitutional process in the Soviet Ukraine and one of authors of the Constitution of USSR of 1929. The new stage in development of the constitutional legal doctrine in the 60–70th years of the XX century was characterized by organizational formation, powerful development of the academic constitutional and legal science, genesis of the constitutional process and accep- tance soviet allied and republican constitutions of the end of the 70th years of the XX century. The Ukrainian constitutional legal doctrine of this period was enriched with regulations on the state sovereignty and the international legal personality of Ukraine, theoretical provisions of institute of human rights, legality, etc. Democratic political processes of the end of the 80th years of the XX century and sover- eignization of Ukraine stimulated the beginning of development of a new stage of creation of the constitutional legal doctrine and the constitutional process in Ukraine which continued to the middle of the 90th years and affected declaration of independence of Ukraine and adoption of the Constitution of 1996. The leading role in development of the constitutional legal doctrine of independent Ukraine, in ensuring scientific and expert maintenance of new constitutional process belongs to scientists-constitutionalists and jurists of Koretsky Institute of state and law of National Academy of Sciences of Ukraine. In article development of the constitutional legal doctrine of Ukraine at the present stage, making modern constitutional process, its task, realization of strategy of creation of the dem- ocratic, constitutional, social state and civil society, the eurointegration movement of Ukraine at the present stage reveals.
Authors and Affiliations
Yurii Shemshuchenko, Olexsandr Skrypniuk
Keywords
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