Parkhomenko N. Konstituc ion process with in countries post the Soviet simple space: and store and I mounted and I and State-of-the-art
The disintegration of the Soviet Union in 1991, objectively caused the dynamics of constitutional transformation that began with the adoption of the Declaration of independence, and then their constitutions and constitutional laws, and ultimately-update the entire system of legislation of the post-Soviet countries. These processes have had a zasadničij character and defined the strategy of constitutional development for many years. Among the main trends: humanization and democratization of constitutional law; determination of the Republican form of Government; installation, preferably presidential or parliamentary-presidential form of Government; detailing the constitutional provisions, which involves the adoption of constitutional laws; taking specially created by the model laws for implementation in national legislation in order to obtain the maximum similarity systems of law; Permanent reform of the judiciary and local government, etc. In ideological terms, common for all countries was determining the ideal – of Western constitutionalism and priority development – development of the social, democratic, legal State, where the main value would be the man, his rights, freedoms and legitimate interests. Basis for reforming economic relations was the gradual rejection of collective and public form of ownership, absolutizacia private property and a market economy.
Analycrypto group, the broad steps of the constitutional process in the countries of the post-Soviet space. Defined common and distinctive features, according to which these countries together in groups and models: liberal (Latvia, Lithuania, Estonia), etatistskuu (Bilorus, Kazakhstan, Turkmenistan) liberal etatistskuu (Ukraine, Moldova, Rossia, Gruzia, Armenian).
Common toconstitutional models of all the countries of the post-Soviet area is the embodiment of the universally accepted principles of human recognition in the world the highest value, democracy, legal and social State, the separation of powers, the rule of law, political pluralism, etc. In addition, at the constitutional level, but a guarantee of territorial integrity and State sovereignty, a model of local government, extended the list of rights and freedoms and guarantees of their implementation, basic social protection, free development of culture, etc.
Also common to most forms of State failure post-Soviet countries is creating a strong presidential power, which is not included in any of the branches of power, according to the traditional division into legislative, Executive and judicial. As a result, the constitutional consolidation of influence the President on those branches of Government. In science of constitutional law, such a model is often called shidnoevropejs′kou. The case for almost all countries characteristic is permanentne to the text of the constitutions, their reform with the purpose of improvement, conform to the geopolitical, socio-economic realities.
The formation of particular constitutional model in the course of carrying out constitutional reform involves consideration of a number of factors, including: the mentality of society, the level of development of legal culture and consciousness, legal traditions. In addition, among the factors that determine the quality and effectiveness of constitutional models in the world-the socio-economic, political and financial stability, appropriate institutional support.
At the present stage of development, despite the common history and legal traditions, constitutional development in post-Soviet countries has different forms, stages, and temporary measure, especially given the disintegration processes of reformatting the foreign policy priorities and updating of CIS members, the extension of the EU at the expense of the post-Soviet countries.
Key words: the Constitution, a process, model, a Liberal, liberal-etatistskaa, etatistkaa.