Kravtsiv O. The idea of separation of powers in the Ukrainian political and legal throught XIX – begin XXI century.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U001944

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

26-06-2018

Specialized Academic Board

Д 35.052.19

Lviv Polytechnic National University

Essay

The thesis contains a comprehensive study of the formation and development of the idea of separation of powers and practices of its implementation in Ukraine from XIX century to the present and its gradual transformation into the fundamental principle of the functioning of state power. The author has elucidated the methodology of the research and carried out an overview of the source base in the field of the doctrine of the separation of powers as one of the institutes of the political system and the functioning of the state as a whole. The work systematically analyzes the origins and historical preconditions of the idea of separation of powers in the Ukrainian lands in the period of Kievan Rus, Polish-Lethuanian Era, Cossack day. Improved the thesis that the draft Constitution Western Ukrainian People’s Republic prepared by well-known Ukrainian lawyer S. Dnistryansky was based on the achievements of the then European political and legal throught; the assertion that one of the main reasons for the failure of the Ukrainian statehood of the UPR-WUPR (1918–1923) was the inadequate organization of state power. There has been furthes development: the theoretical approaches to what is modeled on the contentof the Constitution of Ukraine in the wording of June 28, 1996 the division of power is inperfect: against the backdrop of strong positions of the Verkhovna Rada, and especially the President of Ukraine, the position of the Cabinet of Ministers of Ukraine is weak. The position adopted in the conditions of acute socio-political crisis of theamendments to the Constitution of Ukraine of December 8, 2004 strikingly demonstrated the lack of legal quality and threatened with systematic destabilization of the mechanism of power. It is concluded that for the efficiency of the model of separation of powers in Ukraine it is necessary to change not only legal norms and mechanism, but also the practice of political interaction, in particular, between the state and the institutions of civil society.

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