FORMATION OF INDEPENDENT UKRAINE AND ITS LEGAL FORMULATION

Abstract

The most important historical phenomena, which marked the formation of Ukrainian statehood, have been widely covered in the works of both authors of past times, and modern researchers. However, the actual problem remains the study of the modern Ukrainian state’ formation as the solution to the dialectical contradiction between the objective need for this state, due to the actual level of development of the Ukrainian nation, and the impossibility of creating such a state in the conditions of the Soviet empire. The purpose of this article is to analyze and summarize established in the modern literature approaches to the characteristic of the process of formation of the Ukrainian state, combined with the study of legal acts, certifying its legal execution, as well as to present our own vision of determining the essence of these historical phenomena. In the article the movement of Ukraine to creation of independent state at the end of 80th -beginning of 90th years is described. The content of the processes of national rebirth as an important precondition for the deployment of state-building processes is disclosed. The process of formation of state-legal principles and institutions of the modern state and its legal registration which became an act of restoration of historical justice and realization of aspirations of many generations of Ukrainians of different times is analyzed. The process of juridical formation of the Ukrainian independence and creation of state institutions which became basic for the understanding of the legal status of Ukraine in the next decades of the national development is shown. The features of the constitutional process in 1990-1996 which finished with the adoption of the Constitution are investigated. The subject of the research is limited to the period from the deployment of national-state rebirth of Ukraine at the end of Gorbachev's perestroika to the adoption of the Constitution in 1996. The process of obtaining real content by the state institutions formed based on republican authorities of Ukraine as one of the Soviet republics, whose sovereignty was purely formal in nature, is considered. The system of legal acts, which legally fixed the most important state and legal elements of independent Ukrainian state, is singled out and characterized.