THE DIRECTIONS OF IMPROVEMENT OF NATIONAL LEGISLATION: FROM THE COMMAND-CONTROLLED SYSTEM TO THE MODERN DEMOCRATIC SOCIAL LAW-GOVERNED STATE

S. Petkov
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Abstract

INTRODUCTION After proclaiming independence in Ukraine 1 the period of large-scale reforms began, which was supposed to be completed by the transformation of the Soviet-pattern Ukraine into the European state. Having adopted the Constitution of Ukraine in 1996, the reformative efforts to introduce human centered ideology gained an additional impulse. Article 5 of the Constitution of Ukraine stipulates that “the bearer of sovereignty and the only source of power in Ukraine is the people. People exercise power directly and through the bodies of state power and local self-government”, and Article 6 of the Constitution of Ukraine stipulates that “state power in Ukraine is exercised on the basis of its division into legislative, executive and judicial” 2 . Just in order to bring the state power in Ukraine in the compliance of its actual state (with the remained elements of the Soviet system) with the legal state (enshrined in the Constitution of an independent Ukraine), the administrative reform was initiated in 1998. In fact, it should have become the basis for reforming not only administrative legislation, but also the entire public law in Ukraine. The Constitution of Ukraine laid the basis for the development of Ukraine as a highly developed, legal, civilized European state with a high standard of living, culture and democracy, in which the principle of the supremacy of law acts and all public relations are based on legal orders. Article 3 of the Constitution of Ukraine stipulates that “human rights and freedoms and their guarantees determine the content and orientation of the state. The state is responsible to a person for its activity. The assertion and
国家立法完善的方向:从命令控制体制到现代民主社会法治国家
乌克兰宣布独立后开始了大规模的改革时期,这一时期本应由苏联模式的乌克兰转变为欧洲国家来完成。1996年通过乌克兰宪法后,引入以人为本的思想的改革努力获得了额外的动力。乌克兰宪法第5条规定:“乌克兰的主权和权力的唯一来源是人民。人民直接通过国家权力机关和地方自治机关行使权力”,乌克兰宪法第6条规定“乌克兰的国家权力是在立法、行政和司法的基础上行使的”2。正是为了使乌克兰的国家权力符合其实际国家(与苏联体制的残余元素)与合法国家(体现在独立的乌克兰宪法中),行政改革于1998年启动。事实上,它不仅应该成为乌克兰行政立法改革的基础,而且应该成为乌克兰整个公法改革的基础。《乌克兰宪法》为乌克兰发展成为一个高度发达、法制和文明的欧洲国家奠定了基础,它拥有高水平的生活、文化和民主,法律至上的原则和一切公共关系都以法律秩序为基础。乌克兰宪法第3条规定:“人权和自由及其保障决定国家的内容和方向。国家对其活动对个人负责。断言和
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