Conception of the principle of equality in the constitutional acts of the Ukrainian SSR in 1917-1937
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2018, Vol 29, Issue
Abstract
The formation and evolution of the conception of the principle of equality enshrined in the constitutional acts of the Ukrainian SSR in 1917–1937 are researched. The theoretical principles of the concept and peculiarities of its reflection in the norms of the Constitution of the USSR of 1919 and 1929 and of the Constitution (Basic Law) of the USSR in 1937 are highlighted. The principle of equality by analyzing the understanding of its founders of such concepts as «people’s power», «people», «democracy», «dictatorship», «human rights and citizen». The Bolshevik government of Ukraine in the constitutional acts of 1917–1929 rejected the liberal-democratic conceptions of equality, which became widespread in the constitutional law of the nineteenth and early twentieth centuries, and consolidated an entirely new concept of equality, which provided for an equal legal sense of the level of rights and responsibilities and the same for all the space of social freedom only for the working people. It was based on such ideas: the power of the workers – the dictatorship of the proletariat, democracy exclusively for the working people, the existence of the basic (human rights - now.) and civil rights and freedoms only for the working people. In fact, the principle of equality for the working people was replaced equalization byequilibrium. This concept fully embodies the teachings of V. Lenin and his vision of the content of the principle of equality. Therefore, the participation of the Bolshevik leadership of Ukraine and specialists of lawyers of these years in the development of the concept of the principle of equality, enshrined in the Constitution, 1919, 1929 is seen as purely formal. In the 1937 Constitution of the Ukrainian SSR, the principle of equality of citizens of the Ukrainian SSR was declared only in the conditions of the existence of the Stalinist totalitarian regime impossible to implement, since the principle of equality excludes any advantages, prerogatives, privileges of the participants of the legal relations.
Authors and Affiliations
Lesia Нudoyar
Keywords
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