КИЇВСЬКИЙ НАЦІОНАЛЬНИЙ УНІВЕРСИТЕТ

ІМЕНІ ТАРАСА ШЕВЧЕНКА

ІНСТИТУТ МІЖНАРОДНИХ ВІДНОСИН

КАФЕДРА ІНОЗЕМНИХ МОВ

РЕФЕРАТ НА ТЕМУ:

«History of the Ukrainian state and its constitutional development»

Виконали:
студенти ІІ курсу 3 групи
спеціальності МП

Плєшівцева Іванна Ігорівна

Омельченко Дмитро Ярославович
Шаптала Владислав Сергійович

Викладач:
доц. Полєєва Юлія Сергіївна

Київ – 2023
CONTENTS
History of the Ukrainian state and its constitutional
development…………….……………………………………………………………………………3
Basic principles and provisions of the Constitution of Ukraine……………………………………..4
Amendments to the Constitution of Ukraine…………………………………………………………5
The influence of the Constitution of Ukraine on the development of Ukrainian society…………….7
References……………………………………………………………………………………………8
Glossary………………………………………………………………………………………………9
 History of the Ukrainian state and its constitutional development

What were the first attempts to develop a constitution for Ukraine?

In the late 19th century, the Ukrainian national movement initiated early attempts to draft a
constitution for an independent state. The Ukrainian Revolutionary Party's 1891 draft, advocating a
democratic government, was suppressed by the Russian government. In the early 20th century, the
Central Rada of Ukraine declared autonomy within the Russian Republic in 1917 but was
overthrown by Bolsheviks in 1918.
The first constitution of the Soviet Socialist Republic of Ukraine emerged in 1919, declaring
sovereignty while remaining subordinate to the Soviet Union. Fast forward to the late 1980s, a
renewed push for Ukrainian independence led to the Supreme Soviet's 1990 Declaration of
Sovereignty. A 1991 referendum solidified Ukraine's independence from the Soviet Union.
Despite declaring independence in 1991, Ukraine adopted its first constitution as an
independent state on June 28, 1996. This constitution established a parliamentary-presidential
republic, delineating powers among the executive, legislative, and judicial branches. Amendments
followed, with notable changes in 2016, strengthening the President's role in national security and
defense and affirming Ukraine's commitment to European integration.

What constitutions were adopted on the territory of Ukraine in different historical periods?
In various historical periods, Ukraine has seen the adoption of several constitutions, each
reflecting the political landscape of its time.
• Pylyp Orlyk, the Hetman of the Zaporozhian Cossacks, crafted a constitution in 1710
following their defeat by the Russian Empire in the Battle of Poltava. This constitution aimed at
establishing a democratic government with a clear separation of powers among the executive,
legislative, and judicial branches. It also enshrined individual rights and freedoms, such as
freedom of speech and religion, in response to the challenging circumstances.
• The Ukrainian National Republic adopted its constitution in 1917 under the Central Rada.
This constitutional journey continued to evolve, mirroring the dynamic political landscape.
• In 1919, amidst the tumultuous aftermath of World War I, the First Ukrainian SSR
Constitution acknowledged Ukraine's sovereignty but subjected it to Soviet authority. This
marked the onset of a socialist government with a one-party system, reflecting the prevailing
ideological currents.
• The Second Ukrainian SSR Constitution in 1929 reflected a reaffirmation of Ukraine's
sovereignty within the socialist system. This constitution expanded the rights of workers and
peasants, emphasizing equality by granting women the same rights as men.
• The political landscape took a drastic turn with the Third Ukrainian SSR Constitution in
1937, adopted during the Stalinist era. This constitution emphasized a strong central government
but limited individual rights, echoing the authoritarian rule of Joseph Stalin.
• The Fourth Ukrainian SSR Constitution in 1978 marked a time of reaffirmation of Ukraine's
socialist identity within the Soviet Union. Simultaneously, it broadened individual rights,
recognizing the right to education and work as integral components of a citizen's life.
• Ukraine's transformative journey reached a pivotal moment with the Constitution of 1996,
post-Soviet independence. This foundational document established a parliamentary-presidential
republic, strategically distributing powers among the executive, legislative, and judicial branches.
It not only safeguarded individual rights and freedoms but also represented a significant step
towards a self-governing and sovereign Ukraine.
• In addition to these constitutional milestones, other attempts, such as the Constitution of the
Crimean Autonomous Soviet Socialist Republic (1937) and the Constitution of the Ukrainian
State (1942), existed but were never fully realized, contributing to the complex narrative of
Ukraine's constitutional history.

Basic principles and provisions of the Constitution of Ukraine

The Constitution of Ukraine is the supreme law of Ukraine. It was adopted by the
Verkhovna Rada of Ukraine on June 28, 1996, and it has been amended several times since then.
The Constitution establishes Ukraine as a sovereign and independent, democratic, social, law-based
state. It also guarantees individual rights and freedoms, such as freedom of speech, religion, and
assembly.
Basic principles and provisions of the Constitution of Ukraine:
• Sovereignty: Ukraine is a sovereign and independent state. Its territory is indivisible and
inviolable.
• Democracy: Ukraine is a democratic state. The people are the source of power in Ukraine.
• Social justice: Ukraine is a social state. The state guarantees the protection of social rights
and freedoms, such as the right to education, healthcare, and work.
• Rule of law: Ukraine is a law-based state. The law is supreme, and all state bodies and
officials are bound by it.
• Human rights and freedoms: The Constitution guarantees individual rights and freedoms,
such as freedom of speech, religion, and assembly. These rights and freedoms are inalienable
and inviolable.

What basic rights and freedoms of a person and a citizen are guaranteed by the Constitution
of Ukraine?
 The Constitution of Ukraine guarantees a wide range of basic rights and freedoms to
individuals and citizens. These rights and freedoms are inalienable and inviolable, and they cannot
be limited by any law.
Some of the basic rights and freedoms guaranteed by the Constitution of Ukraine include:
• The right to life
• The right to liberty and security of person
• The right to honor and dignity
• The right to equality before the law
• The right to non-discrimination
• The right to freedom of thought, conscience, and religion
• The right to freedom of speech and expression
• The right to freedom of assembly and association
• The right to freedom of movement
• The right to the protection of private life and family
• The right to education
• The right to work
• The right to social security
• The right to a fair trial
• The right to access to information
The Constitution also guarantees a number of other rights and freedoms, such as the right to
vote, the right to hold public office, and the right to own property.
The Constitution of Ukraine also establishes a number of mechanisms for the protection of
human rights and freedoms. These mechanisms include:
• The Constitutional Court: The Constitutional Court is the highest court in Ukraine and it
has the power to interpret the Constitution and to strike down laws that it finds to be
unconstitutional.
• The Ombudsman: The Ombudsman is an independent official who is responsible for
investigating complaints of human rights abuses.
• The courts: The courts have the power to enforce the rights and freedoms guaranteed by the
Constitution.

Amendments to the Constitution of Ukraine

What changes were made to the Constitution of Ukraine during its history?
The Constitution of Ukraine has been amended several times since its adoption in 1996. The
most significant amendments were made in 2004 and 2016.
2004 amendments
The 2004 amendments were made in response to the Orange Revolution, which was a mass
protest movement that led to the annulment of the results of the 2004 presidential election. The
amendments strengthened the role of the Verkhovna Rada (parliament) and weakened the role of the
President. They also enshrined the principles of a parliamentary-presidential republic and a
separation of powers between the executive, legislative, and judicial branches of government in the
Constitution.
2016 amendments
The 2016 amendments were made in response to the Russian annexation of Crimea and the
outbreak of the war in eastern Ukraine. The amendments strengthened the role of the Ukrainian
President in national security and defense matters. They also enshrined Ukraine's commitment to
European integration in the Constitution.

Impact of the amendments

The amendments to the Constitution of Ukraine have had a significant impact on the
political system of Ukraine. The 2004 amendments strengthened the role of the Verkhovna Rada
and weakened the role of the President. This led to a more balanced system of government. The
2016 amendments strengthened the role of the Ukrainian President in national security and defense
matters. This is important in light of the ongoing war in eastern Ukraine.

What are the main trends in making changes to the Constitution of Ukraine?
The main trends in making changes to the Constitution of Ukraine are:
• Strengthening the role of the Verkhovna Rada (parliament). The 2004 amendments
strengthened the role of the Verkhovna Rada by giving it more power over the budget and the
appointment of government officials. The 2016 amendments further strengthened the role of
the Verkhovna Rada by giving it the power to declare war and make peace.
• Weakening the role of the President. The 2004 amendments weakened the role of the
President by limiting the number of terms that a President can serve and by giving the
Verkhovna Rada the power to appoint the Prime Minister and other government officials. The
2016 amendments further weakened the role of the President by removing the President's
power to veto legislation on national security and defense matters.
• Enshrining the principles of a parliamentary-presidential republic and a separation of
powers between the executive, legislative, and judicial branches of government in the
Constitution. The 2004 amendments enshrined the principles of a parliamentary-presidential
republic and a separation of powers between the executive, legislative, and judicial branches
of government in the Constitution. This helps to ensure that no one branch of government
becomes too powerful.
• Protecting minority rights. The 2016 amendments enshrined the right of national minorities
to education and cultural development in their native languages in the Constitution. This is
important for protecting the rights of Ukraine's many national minorities.
• Decentralizing power. The 2016 amendments decentralized power by giving more autonomy
to local governments. This helps to ensure that the needs of local communities are better met.
 • Strengthening Ukraine's commitment to European integration. The 2016 amendments
enshrined Ukraine's commitment to European integration in the Constitution. This is
important for Ukraine's future development as a democratic and prosperous country.

The influence of the Constitution of Ukraine on the development of

Ukrainian society (CONCLUSION)
The Constitution of Ukraine has had a significant influence on the development of
Ukrainian society. It has helped to promote democracy, human rights, and the rule of law in
Ukraine. It has also helped to strengthen Ukraine's sovereignty and independence.
Some of the specific ways in which the Constitution of Ukraine has influenced the
development of Ukrainian society include:
• It has enshrined the principles of democracy and human rights in law. The Constitution
guarantees a wide range of basic rights and freedoms to individuals and citizens, such as
freedom of speech, religion, and assembly. These rights and freedoms are essential for a
democratic society.
• It has established a system of government with a separation of powers. This helps to
prevent any one branch of government from becoming too powerful and helps to protect the
rights of individuals and citizens.
• It has created an independent judiciary. This is important for ensuring that the law is
applied fairly and impartially.
• It has promoted the development of a civil society. The Constitution guarantees the right to
freedom of association, which has allowed for the development of a wide range of non-
governmental organizations (NGOs). NGOs play an important role in promoting democracy,
human rights, and the rule of law in Ukraine.
• It has strengthened Ukraine's sovereignty and independence. The Constitution declares
Ukraine to be a sovereign and independent state. It also establishes Ukraine's territorial
integrity and inviolability. This is important for Ukraine's future development as a democratic
and prosperous country.
Overall, the Constitution of Ukraine has had a positive influence on the development of
Ukrainian society. It has helped to promote democracy, human rights, and the rule of law. It has also
helped to strengthen Ukraine's sovereignty and independence.

References
Book: Constitution of Ukraine. Adopted on June 28, 1996. With Amendments and Addenda
of the Verkhovna Rada of Ukraine (2023). Kyiv: Yurydychna Lytva Ukrainy, 2023.
Article: Rudenko, Yaroslav. "Influence of the Constitution of Ukraine on the Development
of Ukrainian Society". Ukrainian Law Journal, Vol. 1, No. 1 (2023), pp. 1-20.
 Article: Tymoshenko, Yulia. "The Constitution of Ukraine: A Living Document". Kyiv Post,
June 28, 2023.
Website: Venice Commission. "Opinion on the Draft Law of Ukraine on National Minorities
(Communities)". Adopted at the 135th Plenary Session of the Venice Commission, Venice, Italy,
June 8-9, 2023.
Website: Presidential Office of Ukraine. "The Constitution of Ukraine". Accessed on
November 9, 2023.

Glossary
Constitutional development — Конституційний розвиток
Parliamentary-presidential republic — Парламентсько-президентська республіка
Minority rights — Права національних меншин
Decentralization — Децентралізація
Amendment — Поправка
Constitutional Court — Конституційний Суд
Ombudsman — Уповноважений Верховної Ради України з прав людини
Rule of law — Верховенство права
Separation of powers — Розподіл влади