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SOME ASPECTS OF UKRAINIAN GOVERNMENT SUCCESSION: SUCCESSION FROM UPR OR USSR?

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 27)

Publication Date:

Authors : ; ;

Page : 58-65

Keywords : succession; the Ukrainian Soviet Socialist Republic; the Ukrainian People’s Republic; historical and cultural inheritance; international legal norms; the Vienna Convention;

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Abstract

The authors of the article characterize the national remembrance in the beginning of the formation of the Ukrainian state and describe the reason why the Ukrainian government did not restore the independence, like the Baltic States, but declare of the independence of Ukraine 29 years ago. Such fundamental constitutional values of Ukraine, uninterrupted constitutional traditions are examined by the authors. The authors of the article draw attention to the historical heritage, involve the recognition of Ukraine as a legal successor of the Ukrainian People's Republic (next — UPR). There are two ways of recognition of succession: formal-legal and cultural-historical. The authors describe each of them and give their own opinion about these aspects and about necessarity of implementation of both of them in the legislative system of our state. Moreover, the authors have determined that the Ukrainian diplomacy and the preservation of its position prevent from external threats. According to the authors It's not necessary to make more problems by disclaiming the international obligations and denunciation of most important international documents. The next problem, in the opinion, is that our government will take the responsibilities of Ukrainian People's Republic. The authors also investigate some of the draft laws that are drafted by the deputies of the Verkhovna Rada. These legislative propositions that are suggested to denounce the number of laws of Ukraine. The term «occupation» has been explaned by the authors of the article. The authors give argument that it wasn't occupation of Ukraine by USSR in accordance to the international law. The scientific experts office of the Verkhovna Rada rejected the draft laws and their decision was resonable because the problem of succession was too complicated and it wasn't examined as it was necessary. An idiological approach is not a legal method, which lacks a legal basis. In this article, the reasoned conclusion of the importance and necessity of the constitutional traditions was given by authors, as well as the importance of national legislation and the progress of national self-identification through the formalization of the succession from Ukrainian Soviet Socialist Republic and the necessity of connection with the cultural-historical succession from the UPR was very important too.

Last modified: 2021-03-25 00:33:03