Правовий статус людини і громадянина в проєкті конституції УНР Отто Ейхельмана

Abstract

The article examines the constitutional and legal norms that established the legal status of a person and a citizen in the private project of the “Constitution (Fundamental State Laws) of the Ukrainian People's Republic” by Doctor of Law, Professor Otto Eichelman, submitted for consideration by the “Government Legal Commission for Elaborating the Constitution of the Ukrainian State” chaired by the Minister of Foreign Affairs of the UNR A. Nikovsky in September 1920. It is claimed that the draft Constitution of the UNR by O. Eichelman enshrined a wide range of human rights and freedoms and legal guarantees for their implementation. At the same time, the project has a number of features due to the historical context and O. Eichelman's own political and legal views. Among them: significant detailing of constitutional norms, compliance of the norms of the Constitution with national traditions, national-territorial principle of acquiring citizenship. restrictions on the right of permanent residence and property rights of non-citizens, restrictions on the right of foreigners to naturalization, detailed regulation of the activities of religious organizations, compulsory religious and national education of children, ensuring the widespread use of the state Ukrainian language, restrictions on the right to hold meetings, rallies and demonstrations, enshrining socio-economic human rights in the constitution, replacement of the principle of equal electoral law with a system of plural votes, inclusion of the evaluation categories of “social justice” and “state necessity” into the constitutional norms. It is pointed out that some undemocratic norms in the draft Constitution of the UNR by O. Eichelman are due to the extremely difficult historical circumstances of 1920: the struggle for independence, political instability, the need to protect state interests, and the initial stage of the formation of the Ukrainian political nation. It is argued that the draft Constitution of the UNR by O. Eichelman, as the result of a synthesis of national aspirations and European legal trends, became a significant contribution to the development of Ukrainian constitutionalism.