Національно-персональна автономія УНР: історико-правовий та порівняльний аналіз з позиції сучасної юридичної науки

Abstract

National-personal autonomy, introduced by the Ukrainian People`s Republic in 1918, was one of the most ambitious and innovative attempts to resolve the national question in the context of the formation of a new multinational state. It provided for a non-territorial organization of cultural self-government based on the principles of the Austro-Marxist theory of K. Renner and O. Bauer. Their concept recognized the right of every person to freely choose their national identity, regardless of their place of residence, and to participate in the national community on the basis of personal will. In the legislation of the UPR, this idea was embodied through the creation of national councils – autonomous representative bodies of ethnic communities that had powers in education, culture, language policy, and internal organization. Thus, the UNR model combined democracy, individual choice, and collective selfdetermination, offering an alternative to classical forms of territorial autonomy. The article provides a historical and legal analysis of this model, highlighting its normative basis and implementation difficulties. Considerable attention is paid to the factors that prevented its full implementation: political instability, weak administration, war, frequent changes of government, limited resources, and the lack of effective mechanisms for the practical implementation of rights. As a result, most of the declared rights remained declarative. Of particular value is the comparison with foreign examples: Austria-Hungary, Canada, Belgium, Finland, and Estonia. They demonstrate both the potential of such models and the importance of stable legal and institutional support. The author concludes that the experience of the UPR has conceptual weight and relevance for modern Ukraine and other multinational states seeking a balance between unity and cultural diversity.