State System In The Constitutional Process (1992-1993)

Abstract

In the article the author investigates the problem of the state system of Ukraine in the constitutional process in 1992-1993. At this stage of the constitutional process, scholars and politicians debated the possibility of introducing a bicameral legislature, but overwhelmingly advocated the unitary status of the country and the introduction of real self-government. Since the adoption of the Act of Independence of Ukraine, the development and adoption of a new Constitution has acquired a new meaning associated with the existence of Ukraine as an independent state, which has been recognized by the international community. Under such conditions, a period of active scientific and theoretical search and testing of the developed versions of the Constitution and specific constitutional norms has come.

The political and socio-economic crisis due to the destruction of the Soviet authoritarian model of public administration did not allow the adoption of a new Constitution of Ukraine. The adoption of the Basic Law was hampered by the struggle between the legislative and executive branches of government for power, as well as the revival of the influence of communist politicians who advocated a return to the principles of the Soviet state system. In this regard, the presidential vertical of power even considered the adoption of the «Small Constitution».

However, it is important that the basis of the further constitutional process was the draft Constitution as amended on October 26, 1993, which distinguished a high degree of democracy and balance of power. During 1992-1993, the content of the draft Basic Law was crystallized through a wide public and expert discussion, including for the sake of establishing the unitary status of the country and spreading the ideas of giving real powers to local self-government. The question of the need to introduce bicameralism, which, according to some scholars, should remove interregional contradictions and ensure the balanced socio-economic development of the whole country, remained debatable.