ПРОБЛЕМНІ АСПЕКТИ СУЧАСНОГО ДЕРЖАВОТВОРЕННЯ В УКРАЇНІ

Abstract

This article focuses on the problematic aspects of state formation in Ukraine. Understanding the concept of "state-building" is crucial for both comprehending Ukraine's historical context and analyzing contemporary state-building processes. The article reviews existing scientific approaches to the concept of "state formation" and proposes a specific definition: it is a complex and prolonged process involving the creation, development, improvement, and modernization of the power system, occurring either in the current era or throughout the historical past within the territory of the state. This process encompasses the relationships among individuals, communities, and political institutions regarding the realization of their interests in the sphere of power, aimed at fostering public awareness of the need for a sovereign, independent, democratic, social, and legal state.

The author emphasizes the meaningful distinctions between the concepts of "state," "statehood," and "state-building." It is noted that there is currently no consensus on the chronological divisions of modern state-building processes. In the author’s view, the first period is marked by Ukraine's declaration of independence; the second is associated with the events of 2004, known as the Orange Revolution, which helped preserve democratic processes. The next period encompasses the events of 2014, which halted the country's shift towards Eurasian integration. The author asserts that the state formation process in Ukraine is ongoing, noting that the first official document to use the term "state formation" is the Act of Proclamation of Independence of Ukraine, dated August 24, 1991.

Following the inclusion of the concept of "state formation" in the Preamble of the Constitution of Ukraine, it has been actively utilized in normative legal acts. The article also addresses the institutional challenges of state formation in Ukraine, which scholars identify as including: instability within the state administration system, imbalance in the political system, an oligarchic system of relations, stratification of the population, systematic miscalculations in the development of the military organization, shortcomings in the transformation of the military justice system, and public nihilism toward political and legal phenomena.