MODERNIZATION OF THE UKRAINE’S CONSTITUTION IS THE MAIN DIRECTION OF LAW-MAKING ACTIVITY IN THE CONDITIONS OF POST-WAR RECOVERY

Abstract

The actuality of studying the prospects for the modernization of the Constitution of Ukraine is stipulated by the processes of Euro-Atlantic integration of Ukraine, which provide the fulfillment of the obligations assumed by the Ukrainian state, as well as the need to improve the national law and legislation. This allows us to assert that the issue of modernization of the Constitution of Ukraine will be included in the agenda of prospective law-making activities in the process of post-war recovery as it will become a system-forming one for the legal system of Ukraine. In connection with the mentioned above, the following principled provisions of the possible modernization of the Constitution of Ukraine are considered in the article: creation of the constituent assembly, which should become a special authority, the main purpose of creation and activity of which is a preparation of draft law on amendments to the Constitution of Ukraine; the need to make changes, first of all, to those sections of the Constitution of Ukraine that are related to building a civil society in Ukraine; solving the issue of priority of the norms of international law over the norms of domestic law, etc. It is concluded that the modernization of the Constitution of Ukraine anticipates, firstly, that the issue of the need for modernization of the Basic Law must be decided by citizens of Ukraine themselves; secondly, the involvement of civil society institutions in active cooperation with the state authorities on the draft of Constitution of Ukraine, thirdly, determining the method of adoption of new Constitution of Ukraine, since the national constitutional theory and practice know many quite successful projects of the Constitutions of Ukraine, which have remained only projects.