The power of the Constitution, or how to live in a new way
Prerequisites
In 1991, the vast majority of Ukrainians easily embraced the acquired sovereignty, assuming that the national freedom campaign had concluded.
Essentially, Russia has disoriented itself within the Duma, so that Ukraine’s abundant resource is no longer transformed elsewhere, and the prior condition will be readily reinstated soon.
As early as 2014, it became evident that both parties had addressed their complaints.
The Dignity Revolution unmistakably illustrated that Ukrainian independence was not a transient occurrence, as perceived by the Russians, yet it did not evolve into a comprehensive entitlement, as the Ukrainians were endeavoring to procure for themselves until the instance of Crimea’s incorporation.
As a consequence of persistent endeavors, Ukrainians have now arrived at the awareness of the necessity to finalize the national liberation movement of bygone generations and to endorse all the pivotal elements of state formation, without which the cornerstone of an independent nation lacks prospects. Among these are: the establishment of a proficient army, the safeguarding of the sovereign boundary, the creation of national emblems, the purification/vetting of governing bodies, etc.
One of the crucial components of Ukraine’s democratic sovereign independence, underscoring its completeness, is the national Constitution, which holds undeniable significance.
And in 1996, the aforementioned formal Constitution of Ukraine was ratified, symbolizing formal independence in people’s minds.
Having been influenced by the prevalent concepts of that era, this Constitution was undoubtedly destined to failure in the long run, rather than maintaining the prevailing condition of affairs, which stemmed from a questionable compromise among political factions, encompassing both democratic and authoritarian tendencies, lawfulness and unscrupulousness.
Such a compromise, justified by the imperative to attain enduring stability globally, would in fact accumulate pressing issues for Ukrainians, as witnessed between 2013 and 2014.
Consequently, present-day politicians have bequeathed the most acute national predicaments, along with their uniquely complex solutions, to subsequent generations of their offspring.
These offspring are the ones sacrificing themselves today, safeguarding their homeland.
In order to achieve success presently and preserve it prospectively, we must undertake constitutional reformation promptly, without delaying its commencement.
In other words, achieving genuine independence enables us to attain a genuine Constitution.
Reforms
Plainly, the Constitution itself is powerless against external aggression, as well as against other domestic menaces, such as corruption, incompetence, etc. According to the well-known saying of Kozma Prutkov, before the blaze of ammunition, the entire constitution fades.
Nevertheless, to effectively confront external threats, it is imperative to address fundamental internal uncertainties affecting the populace and the nation.
Furthermore, in global creative practice, warfare and other major social disturbances have invariably precipitated constitutional transformations. Humanity, seemingly instinctively recognizing the necessity for constitutional advancement, regardless of dramatic motivations. Regrettably, Ukraine, as the focal point of numerous severe disasters, is no exception to this pattern.
“God is amazing and inscrutable in his judgments, merciful to the patient, just in the punished, as from the beginning of the world, according to the righteous measure of his justice – he elevates some powers and peoples, and others for their sins and lawlessness – condemns, some willingly, others – involuntarily, some – promotes, others – diminishes.”
Thus, the ancient and valorous Cossack people, from the outset, were bestowed with enduring glory… Consequently, the righteous God himself judges for the iniquity and lawlessness that intensified, punishing that Cossack people with numerous chastisements, diminishing, reproaching, and brutalizing…”
In embarking on constitutional reform, now more than ever, we have attentively reviewed the text of the Constitution of Pylyp Orlik, drafted in Bendery back in 1710. Although it is doubtful that Orlik himself could have envisioned at that moment the extent of reproach, involuntariness, and humiliation that Ukrainians would endure in the future.
And even during the tragic phases of the national journey toward the liberation of independent sovereign existence, new and innovative drafts of constitutional statutes emerged from diverse sources – albeit often in limited scope, closely accompanying the recent power initiatives spanning over a century.
Today, at this pivotal juncture of national formation, every effort must be exerted to avert historical recurrence. It is imperative that we strive for complete thoroughness not only in the drafting of the Basic Law but also in every constitutional aspect. Moreover, we are currently presented with this vital opportunity, upon which, without exaggeration, Ukraine’s destiny will hinge.
Parallels
The French Declaration of the Rights of Man and of the Citizen of 1789 embodies the underlying premise that a power that does not ensure the rights of the people and does not effect the division of power lacks a Constitution.
In reality, the practical implementation of fundamental constitutional values extends beyond merely drafting proposed amendments to the Constitution.
This necessitates the establishment of a comprehensive democratic framework, which, in our estimation, cannot be achieved without a capable national leader of stature. Without such a leader, the distinctive fervor and selflessness of the Ukrainian people risk misdirection away from the path to remarkable success.
Drawing parallels from present-day Ukraine, without any explicit idealization, already warrants exceptional respect for that esteemed individual, the eldest worldwide, who authored the US Constitution in 1787.
Adopted following the culmination of the War of Independence against the former empire, it is doubtful whether it would have exerted such a profound impact on the establishment of the United States as a democratic nation, since the first president George did not play a major role in it. Washington. Despite overwhelming popular endorsement, he could have effortlessly transformed into a dictatorial ruler, seizing authority, subordinating his personal interests, which at that juncture appeared entirely justifiable.
Having recognized his historical calling, Washington devised an unparalleled democratic system, ensuring that its tenets were enshrined within the Constitution, which has since served as the legal foundation of the world’s foremost power.
“When are we awaiting Washington to promulgate a new and righteous law? And if we are awaiting, then what indeed.” The prophetic utterances of Taras Shevchenko extend an opportunity to the newly established national power to etch its name into Ukrainian and global history, attaining a position comparable to Washington.
Evidently, the ratification of the current Constitution as a new and righteous law may serve as a crucial guarantee of the presidential triumph of the individual who has embraced this ambition.
In its manner, the presence of this accomplishment within the presidential biography serves as an indication, within the grand political context, of the longevity of his tenure in the corridors of power.
Poroshenko
Recently, upon the Gospel and the Constitution, the head of state swore allegiance to the Ukrainian people. Such opportunities are not often available in elections; this is a unique chance from 1991 for one person, facing a monumental incentive alongside the decline of Ukraine – to transform the country, to initiate a new national existence, having uncovered achievements previously unparalleled in the entirety of Ukraine’s thousand-year history.
But it is impossible to live in a new way governed by the old Constitution.
Consequently, the honorable president, to uphold the public’s trust, as the most legitimate embodiment of sovereign power in contemporary perception and the guarantor of adherence to the Constitution of Ukraine, taking into consideration all financial contributions, can readily but gradually commence the implementation of comprehensive constitutional reform, which could unfold in the following terms.
1. Ensure the expedited enactment of any subsequent amendments to the Constitution.
Categorize all facets of constitutional and legal regulation into temporal and non-temporal aspects. A specific transfer of terminological modifications may be initiated by the president, but it ought to be expansive and encompass, foremost, issues pertaining to the decentralization of state authority.
It appears that this process has already commenced with the preparation of a definitive presidential bill. In this situation, for the sake of fostering peace and sustaining cordial relations amidst the ongoing military circumstances, the functioning of the state apparatus, and the demands of the moment, it is permissible to acknowledge the justifiable risk of critiquing the extensive non-publicity surrounding the process of formulating constitutional revisions.
It would be unimaginable to attempt to conduct a comprehensive constitutional reform behind closed doors across all spheres of life – which is obviously not in the offing.
In this scenario, major amendments to the Constitution, in the form of a comprehensive constitutional reform, are likely to be enacted sooner, without awaiting the cessation of military operations within the territory of Ukraine, yet during the tenure of the active parliament.
2. Instigate the formation of a new Constitutional Commission to formulate a comprehensive Concept for the revitalization of the Constitution of Ukraine.
The Constitutional Commission, in contrast to its preceding iterations, must comprise representatives from the prevailing “branches” of power – the parliament, the government, the Constitutional and the Supreme Court – practitioners and academics of constitutional law, experts and scholars, politicians, moral authorities. In essence, it should represent the widest spectrum of governmental viewpoints and remain independent of any governmental entity.
Capitalizing on the popular mandate vested in the guarantor of the Constitution, the President must convene the Constitutional Commission, as an autonomous advisory and regulatory body, guided by legal directives and a reasonable work plan, to draft a comprehensive Concept for updating the Constitution of Ukraine by a given date.
A specific revision of the standards necessitating updating may be determined by the Commission itself, encompassing all procedural formalities.
The Commission is obligated to systematically analyze all initiatives that have emerged from a non-politicized grouping of diverse representatives from the scientific and expert community, including the infamous Constitutional Assembly, the Special Temporary Commission of the Supreme Council for the purpose of preparing constitutional changes, with due regard for the constitutional projects of other powerful and non-power institutions.
In this instance, to prevent the recurrence of past missteps by participants in the constitutional process, the Constitutional Commission, when working on the concept, is obligated to:
– safeguard the historical, national, mental, and religious distinctiveness of the Ukrainian people, refraining from replicating foreign constitutional provisions;
– utilize not the literal wording of the Constitution, but its essence, specifically ambiguous, equivocal, and illogical formulations;
– refrain from nullifying a constitutional norm without stipulating a formulated sanction for its transgression;
– in addition to the Concept of Amendments to the Constitution, delineate your strategy or the mechanism for its implementation.
3. Concurrently with the work of the Constitutional Commission, promote vigorous educational activities to elucidate the essence and restore the authority of the Constitution of Ukraine.
The significance of this command cannot be understated at all times. A deficient interpretation of the replacement and recognition of the Constitution has repeatedly ignited fierce dissent among entire peoples and powers.
To ensure that the revitalization of the Constitution yields tangible results, if not all the people, then I would like to understand the essence of the idea of constitutionalism, which has a strong ring among the internal circles sovereign power, for the sake of the rights and interests of the common people.
However, it is questionable from a legal point of view of the reversal of various editions of the Constitution, public ignorance of its position on the most political level and other similar situations were the main reason reduction in the authority and validity of the Basic Law.
Therefore, the foremost task for the President is to reverse this regrettable trend, to convey to a significant number of citizens that a functional nation cannot exist without a genuine Constitution. Instead of laws enacted for officials and lawyers, the Constitution is ratified for the citizenry. That the Constitution of the transitional power, which is Ukraine, establishes not what it is, but what it may be. Alas, the text of the Constitution, in our opinion, is not to blame, not because of a dream, not a fiction, not due to the appearance of a bad person, but because of a clearly formulated national principle.
And that day, when the detailed text of the updated Constitution is reflected in the real state of marriage, will be the day of the transformation of Ukraine into a full-fledged democratic constitutional state.
4. Secure introduction into force and infallible implementation of the new Constitution of Ukraine.
The text of the Constitution is without any notes, which, regardless of the genius of the composer, must still be extinguished. There is no sense in the established ideal norms of what to lose on paper.
For the current constitutional reform today, the president needs to base it on two equally important elements, which in practice has never been done before: the text of the Constitution itself and the methods of its implementation.
Efforts may be directed both toward the implementation of the Constitution, the prevention of its violation, and the guarantee of prosecuting violators to legal, even criminal, status. In this context, we must adhere to the principle that the crucial factor is not the severity of punishment, but its inevitability.
The establishment of the Constitutional Commission and further progress towards the preparation of a comprehensive constitutional reform may soon unfold. But it is obvious that the accrual of order by the new Constitution will inevitably begin after the completion of the active phase of the military period and after the new parliamentary elections, in the minds of the renewed Ukrainian government would like on the mainland part of the sovereign territory.
Moreover, the current parliamentary elections may be held in the shadow of constitutional reform. The voters will soon know that they will move parliament, not only as a legislative body for the adoption of laws, but also as a legislative body for the adoption of a new Constitution.
Additionally, it is vital to explore the prospect of conducting an All-Ukrainian referendum in support of constitutional changes. The adoption of the new Constitution itself in this manner would not detract from the legitimacy of the Basic Law but would also establish a stronger shared foundation for the formation of a modern Ukrainian political nation, an act of re-founding The Ukrainian state at the new and current ambushes of democracy.
In the current paramount circumstances, intertwined with other political, military, and economic approaches, the President of Ukraine will foster public confidence in the power of the updated Constitution and augment the prosperity of each successive national endeavor.
And let those indolent skeptics and pessimistic critics discover countless arguments why everything will fail.
We firmly believe that the moment is approaching, which is in the respect of Metropolitan and Doctor of Law Andriy Sheptytsky, saying: “There is hope in God that at the bottom of solidarity and the strong work of all of the Ukrainians of the Council of the Council, Ukraine is not only a great word and idea, but a living, vital, healthy, powerful sovereign organism, motivated by the sacrifice of life of some, but by the ant-like process, climbing efforts and labors of others.”
UP
