🇺🇦THE CONSTITUTION OF UKRAINE
Ukraine’s constitution is more than a legal framework—it’s a centuries-long dialogue between past and future, exile and homeland, revolution and rule of law. From the early 18th-century Cossack constitution to modern parliamentary democracy, the Ukrainian people have persistently pursued the legal foundations of freedom and sovereignty.
🏛️ 1. Pylyp Orlyk’s Constitution (1710): Ahead of Its Time
Long before modern Ukraine, in 1710, Ukrainian Cossack leader Pylyp Orlyk wrote one of the world’s first democratic constitutions. Written after the lost war against Moscow and adopted in exile, it outlined separation of powers, citizen rights, and the independence of Ukraine from Moscow. This landmark constitution, composed in the aftermath of a devastating war against the encroaching power of Moscow, and formally adopted while Orlyk and his supporters were in exile, was far ahead of its time. The historical significance of this constitution lies not only in its early advocacy for democratic principles but also in its enduring testament to Ukraine's longstanding aspirations for sovereignty and self-determination in the face of external pressure.
Some interesting fun facts about Orlyk’s Constitution:
Written in Latin and Old Ukrainian:
Orlyk’s Constitution, a landmark document in Ukrainian and European constitutional history, presents several compelling and often overlooked features. Originally penned in both Latin and Old Ukrainian, this bilingual text underscores the era's complex linguistic and cultural landscape. This duality also reflects the intended audience: European intellectuals familiar with Latin, and the Cossack leadership using Old Ukrainian.Guaranteed Separation of powers into legislative, executive, and judicial branches:
A cornerstone of Orlyk's vision was the explicit guarantee of the separation of powers, dividing governmental authority into legislative, executive, and judicial branches. This principle, remarkably advanced for its time, sought to prevent the concentration of power and establish a system of checks and balances, echoing later Enlightenment ideals.Limits on executive power, including the Hetman:
Furthermore, the document placed clear limitations on executive power, notably the Hetman’s authority. By doing so, Orlyk aimed to prevent autocratic rule, promoting instead a more collaborative and accountable governance structure within the Cossack state. Such restrictions were critical given the political volatility of the period and the potential for strongman leadership.Religious tolerance in a multi-faith Cossack state:
The Constitution also championed religious tolerance within a multi-faith Cossack state. This provision aimed to foster social harmony and prevent religious conflicts, a particularly significant aim in a region marked by diverse religious traditions and frequent tensions.Envisioned an independent (from both Moscow and Poland) Ukrainian Cossack state:
Central to Orlyk's concept was the establishment of an independent Ukrainian Cossack state. This ambition was directed primarily against the influence of Moscow and Poland, which had long vied for control over Ukrainian territories. The pursuit of genuine sovereignty was thus a core objective, reflecting the Cossacks' desire for self-determination.👑 King Karl XII of Sweden became protector of the Cossack state, hosting Orlyk and preserving the document:
Adding an intriguing layer to the narrative, King Karl XII of Sweden became the protector of the Cossack state. He not only hosted Orlyk in exile but also ensured the preservation of the Constitution. This act of patronage led to the document being safeguarded in the National Archives of Sweden, where it remains today as an invaluable historical treasure.
🕊️ 2. The Constitution of the Ukrainian People’s Republic (УНР, 1918)
Despite its short life, the 1918 constitution laid the foundation for democratic legal thought in Ukraine and influenced later political movements. Following the disintegration of the Russian Empire amidst the turbulent period of World War I, Ukraine asserted its independence, embarking on a path toward self-determination and statehood. A pivotal moment in this journey occurred on April 29, 1918, when the Central Rada, the representative body of the newly formed Ukrainian People’s Republic (UPR), adopted its Constitution. This document marked a watershed event, signifying the birth of modern Ukrainian legal history and setting forth a vision for a democratic and progressive nation.
📜 Core Principles and Provisions of the 1918 Constitution:
Sovereign Democratic Republic: At its heart, the UPR Constitution declared Ukraine to be a sovereign and democratic republic. This foundational principle underscored the nation's commitment to self-governance and the rejection of external control, asserting the right of the Ukrainian people to determine their own destiny.
Popular Sovereignty: Emphasizing the democratic ethos, the constitution proclaimed that all power derived from the people. This principle was reinforced by the provision of universal suffrage, granting all citizens the right to participate in the political process, regardless of social standing or background.
Guaranteed Fundamental Rights and Freedoms: Recognizing the importance of individual liberties, the document enshrined a comprehensive list of fundamental rights and freedoms. These included freedom of speech, conscience, assembly, religion, education, and personal inviolability, ensuring that citizens were protected from arbitrary state power and could exercise their rights without fear of reprisal.
Abolition of the Death Penalty: In a move that was remarkably progressive for its time, and indeed remains so even by contemporary standards, the UPR Constitution abolished the death penalty. This bold step reflected the document's commitment to human dignity and the sanctity of life, placing Ukraine at the forefront of human rights development.
Civil Equality: The constitution placed a strong emphasis on civil equality, guaranteeing equal rights to all citizens regardless of their origin, gender, or faith. This provision sought to dismantle discriminatory practices and create a society where all individuals were treated with dignity and respect, promoting inclusivity and social justice.
⚖️ Historical Irony: In a twist of fate, the UPR Constitution, though a beacon of democratic ideals, was never fully implemented. Only hours after its adoption, a coup d'état, backed by German forces, overthrew the Central Rada and installed Hetman Pavlo Skoropadskyi. This abrupt turn of events prevented the constitution from taking full effect, leaving its provisions largely unrealized in practice.
Despite its ephemeral existence, the 1918 constitution played a vital role in the development of Ukrainian political thought and legal tradition. It laid the groundwork for future democratic movements and served as an inspiration for subsequent generations of Ukrainian patriots and legal scholars. The document's progressive ideals and commitment to human rights continue to resonate, reminding us of the Ukrainian people's enduring aspiration for freedom, democracy, and justice.
🧱 3. Soviet Era: Constitutions in Form, But Not in Spirit
Throughout the tumultuous 20th century, Ukraine's constitutional landscape was deeply intertwined with its complex relationship with the Soviet Union. Starting in 1919, amidst the chaos of the Russian Revolution and the ensuing Civil War, Ukraine, as a constituent republic of the newly formed USSR, began adopting constitutions styled after the Soviet model. This period witnessed a rapid succession of foundational documents: first in 1919, then again in 1929, 1937, and lastly in 1978. These constitutions, on paper, outlined a range of rights and freedoms for the Ukrainian people.
During the Soviet era, while Ukraine adopted constitutions that seemingly reflected progressive social values, the actual power remained centralized in Moscow. These constitutions served more as ideological symbols than practical legal frameworks, effectively continuing Russia's imperial control under a new Soviet guise.
📅 4. The Modern Constitution – June 28, 1996
Having reclaimed its independence in 1991, Ukraine dedicated several years to developing a new constitution. The modern Constitution of Ukraine was ultimately adopted by the Verkhovna Rada (Ukrainian Parliament) on June 28, 1996. This significant event concluded a period of substantial political and societal upheaval. The Verkhovna Rada, Ukraine’s parliament, finalized this decision during a long, all-night meeting on June 28, 1996, a night famously referred to as Ukraine’s "constitutional night" (конституційна ніч). The adoption of the Constitution at 9:18 AM on June 28, 1996, marked the end of this arduous period, laying the legal groundwork for Ukraine's future development as an independent nation.
📜 Key Pillars of the Constitution of Ukraine:
Sovereignty and Democracy:
The Constitution unequivocally declares Ukraine to be a sovereign, democratic, and legal state (Article 1), affirming its independent status and commitment to democratic principles and the rule of law.Unitary System:
It explicitly defines Ukraine as a unitary state, rather than a federal one (Article 2), centralizing authority and maintaining the country's territorial integrity.Separation of Powers:
A cornerstone of the Constitution is the establishment of the separation of powers among the legislative, executive, and judicial branches of government (Article 6), ensuring a system of checks and balances to prevent any one entity from wielding absolute authority.Fundamental Human Rights:
The document robustly guarantees fundamental human rights and freedoms to all citizens (Chapter II), reflecting Ukraine’s aspiration to align with international human rights standards.Official Language:
Article 10 of the Ukrainian Constitution establishes Ukrainian as the official state language, highlighting the country's cultural and linguistic roots. Nevertheless, the Constitution also guarantees the free development, use, and protection of Russian and other languages of national minorities within Ukraine.Semi-Presidential Republic:
The constitutional framework establishes a semi-presidential republic (Article 102), balancing the powers of the president and the parliament, a distinctive feature of Ukraine’s political system.The 2019 amendment to the Ukrainian Constitution marked a pivotal moment in the nation's geopolitical trajectory by formally incorporating the strategic goals of integration into the European Union and the North Atlantic Treaty Organization directly into its supreme legal document. This constitutional enshrinement elevated these aspirations from mere political objectives to fundamental legal principles, underscoring their importance to the future of Ukraine. By explicitly outlining these ambitions in the Constitution, the amendment served to solidify Ukraine's commitment to Euro-Atlantic integration, signaling a clear direction for its foreign policy and national development. This constitutional change reflected the will of the Ukrainian people to align with Western democratic values and security structures and aimed to reinforce the irreversibility of this chosen path.
