ITUTIONALIZATION OF THE CONSTITUTIONAL FUNCTIONS OF THE VERKHOVNA RADA OF UKRAINE AS A PRECONDITION FOR THE RE-ESTABLISHMENT OF THE BASIC LAW OF UKRAINE

Abstract

In recent years, Ukrainian and international legislation has changed its own structure, losing its inherent permanent characteristics. This is connected primarily to active globalization processes (mostly economic), which significantly changes the architecture of law, both national and international on the one hand, and on the other hand – in acute crises exposes the fragility of international law, reflects their low ability to act in conditions of changes of a stable order and needs of normative maintenance of fast anti-crisis actions. In view of the above, the creation of an institutionally capable Parliament that is able to respond quickly and effectively to the challenges facing the state is not just a wish or a distant dream – it is a requirement of time, a guarantee of statehood and stable progress. In general, planning the work of the parliament is an important component of the institutionalization of the constitutional functions of the parliament, an integral element of improving the work of the Parliament, forming a sustainable, effective and practically applicable function of the State of Ukraine in completely different spheres of its existence. The basic and the main function of any parliament, of course, is the legislative function. And in view of the above, the creation of effective and modern legislation as a core system of national legal regulation is an important function of the Ukrainian Parliament, which is fully institutionalized in the Basic Law, has the appropriate legal content, application practice and more. However, the issue of creating a modern national law in the conditions of rapid world change and rapid globalization transformations was a key and remains a key task of the Verkhovna Rada of Ukraine. One of the main areas to be studied within the outlined issues, of course, is the Basic Law of the state as a core and primary element of the formation of the legal system. The current state of development of constitutional relations, as well as tangible globalization and integration processes that affect on it, and the current difficult economic situation in the country, as well as the ATO in eastern Ukraine and the occupation of the parts of Ukrainian territories confidently prove that further development of many state institutions is impossible without adjusting certain constitutional requirements. In view of the above, the article highlights certain defining, basic, in our opinion, issues that could form the basis of constitutional changes and become real indicators of social changes, the basis for «re-establishment» of the Basic Law of Ukraine. Among them are the following: In our opinion, in this case we are talking about proposals aimed at solving the problems facing the Ukrainian state today, namely: – «program direction» of the Constitution; – civil consent; – ensuring national security; – restoration of state sovereignty over the entire territory of the state; – taking the opinion into account of the minority in the implementation of any decisions, the implementation of the will of the majority; – development and preliminary approval of the Constitution by the Constituent Assembly; – involvement of citizens to the exercise of their power; – actualization of attention on security issues, including at the constitutional level; – the desire to restore the state sovereignty, as the main temporary task for the relevant period was directly reflected in the texts of the Constitution; The article notes that taking into account our proposals to the text of the Basic Law with the broad involvement of citizens in the process of preparation of constitutional innovations with their subsequent approval by the Constituent Assembly will lead to the fact that the constitutional process can become a project of national unity and the Constitution – signs of a re-established national political and legal social contract. Undoubtedly, one of the decisive roles in this process should be played by the Verkhovna Rada of Ukraine, and therefore the clear institutionalization of its constitutional functions and high institutional capacity are integral attributes of achieving the above tasks.