CONSTITUTIONAL ACTS AND CONSTITUTIONAL PROJECTS IN THE WUPR: AN ANALYTICAL REVIEW OF SCIENTIFIC RESEARCH BY HISTORIANS AND LEGAL SCHOLARS
DOI:
https://doi.org/10.17721/1728-2195/2022/4.123-7Keywords:
law, legislation, constitution, state formation, West Ukrainian People's Republic, historiographyAbstract
The purpose of the article is a historiographical analysis of the scientific output of domestic historians and jurists, directly devoted to the study of constitutional acts and constitutional projects during the era of the West Ukrainian People's Republic (WUPR). For a critical analysis of the existing works of historians and legal scholars on the researched problem, the author used the methods of historiographical analysis, synthesis, typology and classification of sources, problem-chronological, structural-systemic and other methods of cognition. Dissertations, monographs and scientific articles directly devoted to constitutional legislation in the WUPR are included in the historiographical analysis. The main attention is paid to the characterization and implementation of a historiographic review of the scientific output of the participants of the Ukrainian Revolution of 1917–1921, the works of legal historians of the Ukrainian diaspora, and the researches of modern historians and legal scholars. It is hardly worth calling a constitution a set of a number of laws, adopted at different times and regulating individual components of state construction. A historiographical analysis of scientific research dedicated to the study of constitutional acts of the era of the West Ukrainian People's Republic and constitutional projects that were not implemented for various reasons is highlighted. It was concluded that historians and jurists of the diaspora have created a significant body of literature on the investigated problem, which has become a solid basis for further research. It is emphasized that understudied and debatable aspects of the problem remain the questions about the authorship of the Basic Law of the West Ukrainian People's Republic, about the origins and legal foundations of the creation of the cathedral Ukrainian state, the list of legislative acts that are interpreted as constitutional by some authors is controversial, and it is also emphasized that research work on a thorough study the constitutional projects of Yu. Romanchuk and T. Halip should be activated.
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