PEOPLE AS A BEARER OF CONSTITUTIONAL POWER AND SUBJECT OF CONSTITUTIONAL REFORM IN UKRAINE
Journal Title: Науковий вісник Ужгородського національного університету. Серія: Право - Year 2016, Vol 40, Issue 1
Abstract
The article investigates the basic problems of implementation constituent power of the people in the process of constitutional reform in Ukraine. The attention on the impossibility of further development of constitutionalism in the country without a decision on the people as the exclusive carrier of constituent power and the main subject of constitutional reform in Ukraine, as well as the need to identify the main forms of its constituent power in constitutional transformations and their proper implementation. The basic form of constituent power of the people, which it implements its legal status as a subject of constitutional reform, namely the referendum constituent assembly elections. Attention is paid to the contradictions of the Law of Ukraine "On National Referendum" and the need for a theoretical definition of “new constitution”, “new version of the constitution”, “amending the constitution”. Ukraine argues relevance to the idea of a constituent assembly because of the need to adopt a new Constitution. It reveals the importance of elections of state power in Ukraine on constitutional reform, which would be playing “the race” programs and projects of state and constitutional transformations seen as the beginning of pre-stage constitutional reform. The role of some civil society in the implementation of constitutional reform.
Authors and Affiliations
Н. В. Агафонова
Keywords
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