The History of the Paradigm of Constitutionalism at the Present Stage of Development of the Post-Soviet States (on the Example of Ukraine)
The History of the Paradigm of Constitutionalism at the Present Stage of Development of the Post-Soviet States (on the Example of Ukraine)

Summary/Abstract: Definitely, since the beginning of the 1990s, and especially after the adoption ofthe new constitution of Ukraine in 1996, a new stage of development of the paradigmof constitutionalism begins. It is characterized by profound changes that have takenplace in society. The country has changed its orientations as it has taken a course onbuilding a democratic rule of law that should be based on universal values and,above all, on the recognition of fundamental human rights. It was established thatthere was a definitive departure from the consideration of constitutionalism throughthe prism of opposing two types of statehood and, accordingly, two types ofconstitutionalism. In essence, the principle of returning to the values of traditionalclassical bourgeois constitutionalism, to its true liberal-democratic nature, wasproclaimed. It is indicated that the characteristic feature of this stage was not onlythe search for the latest methodological tools for learning about traditionalconstitutional and legal phenomena and drawing on this positive experience offoreign states, but also the rejection of scholasticism of previous studies of the Sovietera. Today, the paradigm of Ukrainian constitutionalism is being established as animportant theoretical and methodological basis for constitutional law-making andlaw-enforcement activities. First and foremost, it is about the practical relevance ofthe relevant concept for the formation and effective functioning of the system ofconstitutional legislation.Thus, the modern development of the state and law, which takes place in theconditions of reforming the Ukrainian statehood as a whole, allows us to speak abouta new stage of the formation of the paradigm of constitutionalism. Refusing toconsider constitutionalism through the lens of class opposition to two types ofstatehood, Ukrainian scholars objectify, refine, complement and specify both theconcept of constitutionalism and its basic features and principles. Althoughterminological uniformity in the definition of constitutionalism has not yet beenobserved, the problems, in one way or another, are connected with constitutionalism,find the status of principled ones and require their early solution.

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