Huba R. Comparative Characterization of Traditional Concepts of State Formation in the Ukrainian State and Legal Thought of the XIX – first half of the XX centuries.

Based on the theoretical and source base analysis, the author compares the ideas of restoration and development of the national state, which were formed in the federalist, conservative, and nationalist trends of the Ukrainian State and legal thought of the nineteenth – first half of the twentieth century. It is established that the main factors that influenced the emergence and spread of those mentioned ideological and legal concepts were the socio-legal and historical conditions of the development of Ukrainian lands and the penetration of Western European ideas. The author states that federalism became the most widespread legal trend since the ideas of M. Kostomarov, G. Andruzkyi, T. Shevchenko, M. Drahomanov, M. Hrushevsky, and others were supported by both the intelligentsia and the peasantry since they appealed to the solution of national, cultural and social issues. Instead, conservatives such as V. Lypynskyi, S. Tomashivskyi, and others drew attention to the traditional Ukrainian form of statehood, the monarchy in the form of a hetmanate, and tried to adapt it to the political needs of Ukrainians and the socio-political challenges of the early twentieth century. The spread of the nationalist trend was due to the formation of the concept of the unity of ethnic Ukrainian lands by Y. Bachynsky and M. Mikhnovsky at the turn of the nineteenth and twentieth centuries and the defeat of the liberation struggle of 1917-1921, when the need to form a “national idea” as a condition for the restoration and development of the state was established. It is established that the phenomenon of Ukrainian and world legal thought is the classocratic concept of V. Lypynsky and the nationalist concept of M. Sciborsky. The former was based on a hierarchical system where power was concentrated in the hands of an active minority, and the latter provided for the participation of all socially valuable segments of society in public administration based on the principles of national solidarity and superclasses. The main lessons learned from the systematization of legal ideas of the nineteenth and first half of the twentieth centuries are the rejection of the ideology of federalism and the establishment of a new “national idea” that preserves sovereignty, territorial integrity, national rights, and interests.