Політико-правовий аналіз Конституції Пилипа Орлика 1710 року / Political and Legal Analysis of the Constitution of Pylyp Orlyk of 1710
Journal Title: Журнал східноєвропейського права - Year 2018, Vol 51, Issue
Abstract
The author of this article analyses the Constitution of Pylyp Orlyk of 1710 in the political and legal aspect, studies the document structure, provisions and key ideas of democracy, rights and freedoms, principles of organization and functioning of the state power, local self-government, which reflected legal situation of Ukrainian society of the beginning of the XVIII century. The author also considers the theoretical and legal basis, as well as constitutional and legal nature of provisions of «Pacts and Constitutions of Rights and Freedoms of the Zaporizhian Host …» of 1710. Even now, the Constitution of Pylyp Orlyk is of huge value since it is a very important legal, historical and political document. The analysis of this document shows that it is based on ideology of democracy values. From the political point of view, the main feature of this document is connected with the fact that it provides for actually voluntary abdication by the Hetman and Starshina (higher political & military administration) of a part of their powers in favour of Cossack community, cities, etc. In the legal sense, this is a document, which, for the first time in Ukrainian and European legal and political thought, provides for actual partition of powers, establishes so-called institutes of checks and balances, defines peculiarities of tax policy, privileges of local self-government, status of court power, etc. It is worth to note that an important part was assigned to the representative authorities, in particular, to the prototype of the Ukrainian parliament, which widely represented the Cossack community and had a decisive role during taking the decisions. The Constitution of Pylyp Orlyk may be considered as a legal document which is not only a considerable achievement of that time but also an evidence of political maturity of the society. By its contents, democratic nature, it was considerably in advance in relation to social and political concepts of that time. The document contained the fundamentals of the responsibility of officials for embezzlement of state property, independence of court system, distribution of duties between the Hetman and the General Council. It was a quite innovative approach to organization of the state power. The Constitution of Pylyp Orlyk was in advance of its time. It asserted civil society ideas and may be considered the first democratic constitution of the world since it provided for a free and independent state founded on the right of people for self-determination. The document was built on democratic foundations of social life. In Europe of those times, these ideas only began to be developed, while in the Constitution of Pylyp Orlyk these liberal and democratic traditions are already quite noticeable. Now the entire civilized world adheres to these traditions. For Ukraine, the Constitution of Pylyp Orlyk had an important role for further development of Ukrainian state-organization thought. The document is developed with consideration of the previous historical experience. In spite of the fact that it was not implemented, it formed the social grounds for independence of Ukraine and its democratic nature.
Authors and Affiliations
Tetiana Kravets
Keywords
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