DEA OF NATURAL RIGHTS IN STANISLAV DNISTRIANSKII’S SCHOLAR AND PRACTICAL CONTRIBUTION TO THE DEVELOPMENTS OF UKRAINIAN CONSTITUTIONALISM

Abstract

The article describes the contribution of the Ukrainian jurist, public figure, eminent scholar, well- known lecturer of the leading universities Stanislav Dnistrianski (1870-1935) to the developments of Ukrainian constitutionalism in the context of the coverage of the ideas of natural human rights on the beginning XX century. Stanislav Dnistrianski’s views on law and the state, his relation to the natural-law constituent of law and the state, the ideas of constitutionalism, methodological approaches for modeling the normative-legal system of the future state in the constitutional text are analyzed. The emphasis is put to the idea of the three foundations of any constitution. Illuminated views of the scholar and a clear distinction of positive and natural law by the criteria of coercion and its characteristics. Attention is drawn to highlighting the freedom of man as one of the leading ideas in the theory of law, as well as emphasizing justice as a "fundamental internal feature of law" in the acdemic "line of new ideas". It is emphasized that the state does not create the content of law, but only legally forms the needs of social development. The ideas of the researcher concerning the boundaries of the judge's discretion, the role and significance of natural rights, customs in the perception and decision of a judge of a particular dispute are highlighted. The ideas of the scientist about the natural principles of law and their origin are critically analyzed. The misconception that only certain social groups and social entities can be a source of law is emphasized. The views of Stanislav Dnistrianski on the constitutional characteristics of the state, its main constitutional and legal institutions are covered. The elements of the concept of natural rights applied in the text of the draft Constitution of the ZUNR are described. Parallels are drawn with the current text of the Constitution (1996) of Ukraine. The directions of use of both practical and theoretical developments of the scientist in modern Ukrainian constitutionalism have been formed. The conclusions were drawn not only about the importance of Stanislav Dnistrianski's scholarly work for the implementation of the ideas of natural rights in the constitutional text, but also for the historical understanding of the Ukrainian academic vision of the early 20th century natural-legal phenomenon