Ivanova A. The problem of legalization of the historical and cultural heritage of the UPR
The problem succession of Ukraine in the context of cultural, ideological and legal heritage of the Ukrainian People’s Republic (UPR) is reviewed. Evaluated legislative proposals about refusal of the succession from Ukrainian Soviet Socialist Republic, which is fixed in the law of Ukraine “On succession of Ukraine” (1991) as well as legislative proposals for the abolition or revision of this bill.
Comments on new approaches to the study of the period – accession to the concept of Ukrainian revolution concept transitiveness. This made it possible to assert the existence in 1917-1921 Ukrainian state (with different political regimes and names – Ukrainian People’s Republic, Ukrainian State). It also made possible to abandon attempts to justify unambiguous legality or legitimacy, or vice versa – illegality or illegitimacy of one of the political regime.
After all for the transition state, especially in the early stages, legality or legitimacy are optional features power. Moreover, only their unique implementation is a prerequisite for the transition period. A “illegitimate” some even include features to the basic content of the transition state (along with instability, dynamism and fragmentation of power).
Attention is paid to the problematic category of “succession” in the modern theory of international law and lifted the assumption that the expansion of this category would unite “material” succession USSR and “ideological” succession UPR.
The historical solutions of these issues and experience in this sphere of states – former Soviet republics with a long history and post-imperial statehood are performed. Particularly there’re compared the Constitutional acts of the Republic of Armenia, the Republic of Estonia, the Republic of Lithuania, the Republic of Moldova on fixing constitutional acts in the history of their own state assessments and fixing them in the initial fundamental milestones national memory.
Key words: succession, legatee, continuity, Ukrainian revolution 1917–1921, UNR, UPR, Ukrainian State, URSR, Ukraine.
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