The status of the «Founder of the modern state of Ukraine»: constitutional collisions between historical commemoration and the fundamental principles of the constitutional order

Abstract

In the context of martial law and economic challenges, the issue of constitutional limits of historical commemoration of state actors has gained particular relevance. The introduction by Law of Ukraine № 4700-IX of a special lifelong status of the “Founder of the Modern State of Ukraine” with significant material and non-material privileges has raised serious doubts about the compliance of these norms with the fundamental principles of the constitutional order. The aim of the study is to conduct a comprehensive constitutional and legal analysis of the provisions of Law № 4700-IX for their compliance with the principles of popular sovereignty, the rule of law, and equality of citizens. The study was carried out using formal-legal, comparative-legal, systemic, and historical-legal methods combined with elements of anti-corruption assessment. The text of the Law, relevant provisions of the Constitution of Ukraine, the practice of the Constitutional Court, and international human rights standards were analysed. It was established that the introduction of a personalised status with lifelong monetary maintenance at 80% of the salary of a current deputy, diplomatic passports, and other preferences contradicts Article 5 of the Constitution of Ukraine, as it privatises the result of the popular will and transforms representatives of the people into separate “founders”. Violations of the principle of equality (Article 24) through discrimination on political grounds (the fact of voting in 1990–1991) and the principle of the rule of law (Article 8) in terms of legal certainty and proportionality were identified. The presence of institutional corruption risks associated with conflicts of interest in the adoption of the law and the unjustified distribution of public resources was proven. The theoretical significance of the study lies in the development of the doctrine of constitutional limits of historical commemoration and the clarification of the boundaries of positive discrimination in a representative democracy. The practical significance lies in the formulation of recommendations for introducing amendments to the Law of Ukraine “On the Status of the Founder of the Modern State of Ukraine – People’s Deputy” with regard to the granting of a special status. The scientific novelty of the work lies in the first comprehensive analysis of Law № 4700-IX through the prism of constitutional principles, taking into account the corruption dimension. The main conclusion is that historical commemoration cannot turn into the creation of a privileged caste, as this contradicts the fundamental foundations of the constitutional order. Prospects for further research are related to studying the impact of such norms on budgetary policy and a comparative analysis of similar statuses in other countries. The article is analytical in nature.