ELEMENTS OF THE RULE OF LAW IN THE CONSTITUTION OF UKRAINE OF 1710

Abstract

The article analyzes the elements of the rule of law in the Constitution of Ukraine of 1710. It is noted that the Constitution of 1710 was an attempt to stabilize the Cossack state, especially after the events of the Battle of Poltava, and a way to achieve a compromise between the social and political forces of society. The Constitution laid the foundations of the existence of society and the state and was designed to unite the Ukrainian society of that time, preserve and develop the state. At the same time, the constitution was aimed at ensuring the stability of the national integration of society and strengthening the power of the hetman in the state. It is noted that the Constitution of 1710 consists of an introduction and 16 chapters. Unlike modern constitutions, it was not divided into articles. The text of the document was written in Latin and Old Ukrainian. The Constitution became the basis for an important stage of constitutionalism in Ukraine and the formation of the Ukrainian Cossack state. It is noted that the Constitution fully corresponded to the historical development of Ukraine at that time and provided for a model of a state based on the realization of the natural right of Ukrainians to political and national self-determination. The defining idea of the Constitution, which runs through its entire text, is concern for the Motherland. It is emphasized that the Constitution proclaimed the independent Ukrainian Cossack State a republic. It also laid the foundations for the division of state power and established democratic procedures for the election of officials. At the same time, it proclaimed state sovereignty, defined state borders, enshrined human rights, and promoted the unity and interaction of the three branches of power – legislative, executive, and judicial. It is argued that the Constitution enshrined key principles of the rule of law, such as equality, legality and inviolability of natural rights, and also formed the basis for mechanisms to prevent usurpation of power and violations of the integrity and sovereignty of the state. The powers of state authorities and civil servants were clarified, their constitutional status was specified. It is noted that the Ukrainian Constitution of 1710 was focused on the establishment and development of state ideals, spiritual and moral values, such as peace, tolerance, goodness and justice, it contained the idea of building a national state. During the period of the Ukrainian Cossack state, especially at the time of the adoption of the Constitution, the formation of national ideals took place. Ukrainians at that time perceived themselves as an independent nation with their own territory, history, language, culture and traditions within the framework of their own state functions.