The problem of legalization of the historical and cultural heritage of the UPR
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue
Abstract
The problem succession of Ukraine in the context of cultural, ideological and legal heritage of the Ukrainian People’s Republic (UPR) is reviewed. Evaluated legislative proposals about refusal of the succession from Ukrainian Soviet Socialist Republic, which is fixed in the law of Ukraine “On succession of Ukraine” (1991) as well as legislative proposals for the abolition or revision of this bill. Comments on new approaches to the study of the period – accession to the concept of Ukrainian revolution concept transitiveness. This made it possible to assert the existence in 1917-1921 Ukrainian state (with different political regimes and names – Ukrainian People’s Republic, Ukrainian State). It also made possible to abandon attempts to justify unambiguous legality or legitimacy, or vice versa – illegality or illegitimacy of one of the political regime. After all for the transition state, especially in the early stages, legality or legitimacy are optional features power. Moreover, only their unique implementation is a prerequisite for the transition period. A “illegitimate” some even include features to the basic content of the transition state (along with instability, dynamism and fragmentation of power). Attention is paid to the problematic category of “succession” in the modern theory of international law and lifted the assumption that the expansion of this category would unite “material” succession USSR and “ideological” succession UPR. The historical solutions of these issues and experience in this sphere of states – former Soviet republics with a long history and post-imperial statehood are performed. Particularly there’re compared the Constitutional acts of the Republic of Armenia, the Republic of Estonia, the Republic of Lithuania, the Republic of Moldova on fixing constitutional acts in the history of their own state assessments and fixing them in the initial fundamental milestones national memory.
Authors and Affiliations
Anastasiia Ivanova
Keywords
Related Articles
- EP ID EP432436
- DOI -
- Views 131
- Downloads 0
Some aspects of administrative and legal support for the activities of public administration bodies in the context of decentralization of executive power
The article analyzes the state of administrative and legal support for the activities of pub- lic administration bodies in the context of decentralization of the executive power. Attention is focused on such form of dece...
M. P. Vasуlenko as the founder of the Ukrainian historical and legal science
The basis of the article posited the author’s report on the special general meeting of the Section of social and humanitarian Sciences of NAS of Ukraine on the occasion of the 150 anniversary of the birth of M. P. Vasуle...
Strategy of development of the Koretsky Institute of State and Law of the National Academy of Science of Ukraine for 2017-2026
Strategy of development of the Koretsky Institute of State and Law of the National Academy of Science of Ukraine for 2017-2026
Actual problems of legal education and science in Ukraine
Actual problems of legal education and science in Ukraine
Ratio human and justice as a principle of criminal law of Ukraine
All components of the system principles of criminal law and humanism and justice should be consistent with each other. The principles of humanism and justice, like others, are implemented at two levels − leg- islative an...