Fitsyk S. Vyacheslav Lypynskyi's Views on State and Law

The dissertation research is devoted to the integral studying of Vyacheslav Lypynskyi's views on the state and law and also solving the expediency and feasibility of implementing elements of his conservative ideology in the constitutional system and the law of modern Ukraine. A variety of studies of Lypynskyi's views on state and law is analyzed in the works of famous domestic historians, political scientists and lawyers. It has been established that the researchers did not find an integrated and systematic approach to Lypynskyi’s studies from the Ukrainian history of political and legal thought point of view. The essence of Lypynskyi's historical and legal views on the state and law is revealed by analyzing the archival documents, periodicals, scientific and journalistic sources. The course of processing a large number of sources required some classification. Therefore, the following blocks are proposed: epistolary heritage; published scientific works; special literature dedicated to Lypynskyi’s scientific heritage; supplementary sources highlighted the scientist's political activity (public speeches and journalistic works of Vyacheslav Lypynskyi and chronicle of his state and legal activities, etc.). It is proved that the territorial patriotism, due to Lypynskyi's words, arises not only from the ethnic origin of a person, but also from the territory of his/her residence. Attention is drawn to the fact that the meaningful state activity can provide the phenomenal results in building the independent and democratic Ukraine with a successful future. The meaningful state activity is generated by the awakening of the feeling of "territorial" solidarity and unity of all the residents of Ukraine, irrespective of their ethnic origin, class affiliation, religion, social and cultural level, etc. It is established that the concept of classocracy proposed by Vyacheslav Lypynskyi can effectively provide the stability of the state and its institutions. Under specific Ukrainian conditions, classocracy means the political community of the particular agricultural class, as a conservative support of the state, together with other classes and social groups of the Ukrainian population. This community is capable of providing the processes of state formation and the effective self-organization of the Ukrainian political nation. Lypynskyi's «aristocracy concept» and also the prospects of its approaches and methods application in modern Ukraine are revealed and analyzed. It is identified that the Ukrainian aristocracy of spirit, which consists of the representatives of several ethnic groups historically and traditionally, should fulfill an important historical mission – to unite the representatives of different classes and nationalities into one nation, one Ukrainian community, and one Ukrainian political nation. It is also proved that the political and legal concept of the role of elite in the life of any human community, especially of the Ukrainian political nation, is indispensable at the stage of the revival and further development of the sovereign statehood. The influences of Lypynskyi's scientific and theoretical heritage (the conservative concept of the Ukrainian state-building) on the modern political life in Ukraine is investigated.