20th Anniversary of Ukrainian Independence and 15th Anniversary of the Constitution Adoption are Serious Grounds for reflecting upon the Future of the Ukrainian State
Volodymyr Lytvyn, Chairman of the Verkhovna Rada of Ukraine, made the foregoing statement during the scientific conference dedicated to the 15th anniversary of adoption of the Constitution of Ukraine at V. M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine.
According to V. Lytvyn, "there are three hundred institutes in Ukraine, as well as centers of political science, colleges, law universities and educational establishments, although we have hardly achieved any significant success in the development of juridical science." The Head of the Parliament objects against the formal law practice, when the law is not effective, another law is adopted, and the problem seems to have been solved.
V. Lytvyn emphasized that the problem shall be solved by scholars, who should make the authorities obey and observe the laws until they are effective, irrespective of their preferences in the legislative field. He stressed, "There are perfect scientific commentaries to the Constitution of Ukraine, although it would be more useful to develop analytical materials to explain the work of the Fundamental Law."
Still, V. Lytvyn recognized certain achievements in the spheres which used to be regarded as ideological or non-topical for the former Soviet state: human rights, international jurisdiction, civil, banking, economic and environmental law. Achievements in these spheres, according to V. Lytvyn, can be explained by a wide access to the findings of the foreign scientists, so it is easier to narrow the gap.
The Chairman of the Verkhovna Rada admitted that neither Ukrainian nor foreign scholars demonstrate any remarkable achievements in the sphere of theory of State and law. V. Lytvyn regrets that descriptions of past events are not properly analyzed. "Such scholars may declare today that the Ukrainian Constitution is the most democratic in the whole Europe, while tomorrow they might announce it is a burden for the development of the Ukrainian society", he explained.
V. Lytvyn believes that the main problem is that several research tools have been rejected, while new effective instruments have not been developed. He also drew attention to the lack of a single methodological approach to the research in the theory of State and law.
V. Lytvyn analyzed the current approaches in the sphere of theory of State and law both in Ukraine and in other post-Soviet states. He admitted to the total or partial rejection of Marxian methods in this field. However, he reminded that Western researchers express contrary views as to the role of Marxism in modern social science. V. Lytvyn admitted, "We have stopped somewhere in the 80s concerning methods of research of state and law phenomena, and can not realize how to apply them." "I mean we have no idea how to apply the method of historical interpretation of the nature of the Ukrainian state and law for the period of independence, although a lot of problems could have been avoided: there is a tendency to investigate the Ukrainian state development and law in isolation from the Soviet period in the history of the Ukrainian state," he stated.
The Head of the Parliament laid emphasis on the issues of legislative activity and stated that underestimation of the historical method of state and law led to the introduction of numerous amendments to the legislative acts. "For twenty years we have failed to study the evolution and succession factors in the field of our law and state", he stressed.
Twenty years of Ukraine´s independence displayed a number of problems in the judicial science, where mere historical methods are insufficient, namely, the nature of evolution of law in time; law as a historical product; historical-social determination of right; factors of foreign legislation borrowing and its harmonization with the historical development of the national legal system; factors of time and law-making and law enforcement; cases of retroactive effect of the law, etc.
It is beyond any reasonable doubt, V. Lytvyn believes, that the terms are too short to solve not only essential but also methodological problems of research in the sphere of state and law. "However, a delay is inadmissible in this situation. Future state and law image tends to change quickly", the Head of the Ukrainian Parliament is convinced.