Вихідні засади конституційної традиції в Україні

Abstract

Savchyn M. Basic Principles of the Constitutional Tradition in Ukraine. The article describes the basic principles of Ukrainian constitutionalism (freedom, democracy, republicanism, limited government). Constitutional traditions grounds on the social values with respect to which there is a consensus in society and the elite of society which implements certain policies aimed at ensuring its continuity. Ukrainian constitutional tradition has long been a discrete, due to the dramatic ups and downs of the formation of their own state. The main features of the constitutional traditions of Ukraine, which has a liberal-democratic character with elements of authoritarianism. At the present stage of Ukraine constitutional tradition tends to be Eurocentric vision of the role of the state and law in public life, based on the subordination of politics to law that imposes corresponding duties on public authorities. Ukraine is currently in a transitional stage in the development of constitutionalism; this stage is characterized by significant challenges in establishing a system of guarantees of human rights and fundamental freedoms. In particular, the right to a fair and impartial trial, execution of court decisions is a significant problem of human rights in Ukraine. The rule of law defines as performance criteria of power solutions, primarily for human rights and fundamental freedoms; the administration claim of appropriate quality management decisions, and in the justice – to ensure access to a fair and impartial trial. Institute for local self-government in Ukraine and not implemented in full, because it does not meet the legal regulation of many aspects of the European charter about local self-government. Key words: rule of law, democracy, constitutional tradition, constitutionalism, republicanism.