29 years ago, the deputies of the Verkhovna Rada of Ukraine worked 24 hours without breaks to adopt the Basic Law, the preparation of which lasted 6 years – a total of 15 projects were proposed. For example, the communists' project envisaged the restoration of Soviet power, the renunciation of sovereignty and entry into a new union.
The approval of the Constitution was a difficult process, which took place against the backdrop of a deep socio-economic crisis in the country and a political confrontation between the President and the Verkhovna Rada.
The result of a compromise between various political forces was the recognition of Ukrainian as the only state language, but at the same time the right to freely use the languages of national minorities was guaranteed.
This was not the first attempt to adopt the basic law of the Ukrainian state – in 1710, Pylyp Orlyk, elected Hetman of the Zaporizhian Host, concluded an agreement with the Cossacks, “Treaties and Regulations of Laws and Liberties of the Zaporizhian Host.” This agreement is unofficially considered the first written constitution of Europe, although historians argue about this, since the document was concluded by the Hetmanate government in exile in the Ottoman fortress of Bender (today – the city of Tighina in Moldova) and did not gain legal force.
The “Constitution of Pylyp Orlyk” spoke about the limitation of the hetman’s rights, prescribed his duties and determined the future structure of the state, which was very progressive for that time and testified to the love of freedom of the Ukrainians.
Then, during attempts to create a Ukrainian state, the Constitutions of the Ukrainian People's Republic (April 1918), the West Ukrainian People's Republic (November 1918) and the temporary Constitution of Carpathian Ukraine (March 1939) were adopted.
But only the Constitution of 1996 became the first universally recognized Constitution of independent Ukraine, which defined the foundations of the social and state structure, the rights and freedoms of man and citizen, the order of organization and functioning of state authorities and local self-government.
The international community has rated the Constitution of Ukraine as one of the most democratic in the world.
The maturity of society and the democratic development of power in Ukraine, their compliance with the principles laid down in the Constitution have been proven by bloody trials associated with Russian aggression – attempts to impose an external will on our people.
The determination and persistence of Ukrainians have demonstrated to everyone in practice the validity of Article 3: “A person, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value.”
The key point of the Constitution was Article 5, according to which the bearer of sovereignty and the only source of power in Ukraine is the people. Also, the exclusive right of the people to determine and change the constitutional order is enshrined and this right cannot be usurped by the state, its bodies or officials.
In the context of the war unleashed by Russia, the constitutional provisions establishing that “the sovereignty of Ukraine extends to its entire territory”, which is integral and inviolable, acquire special significance.
According to the Constitution of Ukraine and generally recognized norms of international law, Ukraine includes the Autonomous Republic of Crimea, 24 regions and 2 cities with special status (Kyiv and Sevastopol).
Since 2014, Russia has illegally seized control of Crimea and the city of Sevastopol, as well as parts of the Donetsk, Luhansk, Zaporizhia and Kherson regions. The attempted annexation has not received any international recognition, and the inclusion of Ukrainian regions in the Russian constitution is a legally worthless act that calls into question the integrity of the Russian state itself.
In Ukraine, these territories have the status of temporarily occupied and will certainly be liberated.
Putin failed to destroy the statehood of Ukraine, to break the will and independence of the people of Ukraine, the Constitution of Ukraine remains relevant and legitimate, unlike the Russian one.
Glory to Ukraine!
Author's article by Valeriy Evdokimov, Ambassador of Ukraine to the Republic of Tajikistan