Constitutional Reform and its Impact on Democracy in Ukraine

Authors

  • Oleksandr Tsymbal Postgraduate, Department of Law, Private Higher Educational Institution “European University”, Kyiv, Ukraine https://orcid.org/0009-0006-5968-9588
  • Hanna Safonova Senior Lecturer, Department of State and Legal Disciplines and Life Safety, Faculty 2, Kryvyi Rih Educational and Scientific Institute of Donetsk State University of Internal Affairs, Kryvyi Rih, Ukraine https://orcid.org/0009-0008-1319-5392
  • Tetiana Datsiuk Associate Professor, Department of State and Legal Disciplines and Life Safety, Faculty 2, Kryvyi Rih Educational and Scientific Institute of Donetsk State University of Internal Affairs, Kryvyi Rih, Ukraine https://orcid.org/0000-0002-1708-076X

DOI:

https://doi.org/10.5281/zenodo.13950063

Keywords:

public administration, legal reform, democratic institutions, constitutional process, political stability

Abstract

Constitutional reform remains a central issue for Ukraine, especially in the context of the current challenges posed by the war and the need to reform state institutions. Strengthening democratic processes, ensuring the rule of law and balancing the branches of power are critical to ensuring political stability and effective governance of the country. In the context of Ukraine's European integration, improving the legal system and consolidating democratic values are key elements of adaptation to European standards and countering external threats.

The purpose of the study is to provide a comprehensive analysis of constitutional reform in Ukraine from the moment of independence to the present day.

The research is based on the comparative analysis method to study different stages of constitutional reforms, as well as the legal analysis method to assess the impact of specific changes on the structure of state power and the legal status of citizens. The application of a systematic approach allowed the author to examine the interrelationships between constitutional reforms, political stability and democratic institutions. In addition, the content analysis method was used to study the influence of international actors and organisations on the reform process in Ukraine.

The constitutional reform in Ukraine has passed through four key stages, each of which has made significant changes to the country's legal system. The first stage (1991-2003) included the adoption of the 1996 Constitution of Ukraine, which established the foundations of an independent state and the rule of law. The second stage (2002-2011) was characterised by attempts at parliamentary-presidential reform, which changed the balance of power between the branches of government. The third stage (2012-2020) was marked by political crises and the restoration of the parliamentary-presidential model after the events of the Revolution of Dignity. The fourth stage (2021-present) is aimed at strengthening decentralisation and improving the judiciary in light of the challenges of war and the need for security sector reforms.

Constitutional reforms in Ukraine have played an important role in strengthening democracy, but their impact has been mixed. Many stages of the reforms were accompanied by political instability and conflicts of interest between the branches of power, which complicated the democratisation process. Nevertheless, the most recent reforms, in particular in the areas of decentralisation and justice, have shown positive results and are a significant step towards strengthening democratic institutions. The article emphasises the need for a consistent approach to constitutional reforms to ensure the sustainable development of democracy and the rule of law in Ukraine.

Published

2024-10-18

How to Cite

Tsymbal, O., Safonova, H., & Datsiuk, T. (2024). Constitutional Reform and its Impact on Democracy in Ukraine. Ukrainian Political and Legal Discourse, (3-4). https://doi.org/10.5281/zenodo.13950063