Internal problems of Ukraine: what is most important, who is to blame and what to do.

Part 1.

Some of Ukraine's problems are constantly in the center of attention. These are, first of all, the problems of the paralysis of the principles of the rule of law and the existential corruption of the authorities - including the courts.

Meanwhile, other no less terrible problems remain out of the attention of experts and society. Such as systematic and massive violations of human rights and freedoms, constant narrowing of the content and scope of existing rights and freedoms, the destruction of democracy and usurpation of power, the overthrow of the constitutional system, the destruction of the statehood and territorial integrity of Ukraine, the genocide of the Ukrainian peasantry, etc.

Clarification: we are not talking about the consequences of external aggression against Ukraine, but exclusively about domestic processes.

All the mentioned negative phenomena have one thing in common: they do not have a deep social basis in Ukrainian society, they are alien and hostile to the law-abiding Ukrainian people, they arose against their will, to the detriment of their rights and interests as a result of illegal, invariably anti-people, anti-state activities of the so-called political elites of Ukraine.

THE MAIN PROBLEM AND THE SOURCE OF ALL PROBLEMS –

"POLITICAL ELITE"

The Ukrainian "political elite" is everyone who during the years of independence really influenced and influences the essence and content of law-making and law-enforcement processes in government bodies of all levels.

These are the leaders and functionaries of ruling political parties and public organizations, their representatives in the authorities, from the highest state officials to the leaders and influential deputies of local authorities inclusively, as well as all those who brought them to power by deceiving voters, who financed destructive political activities in own corrupt interests.

In accordance with part one of Article 37 of the Constitution of Ukraine, the activities of political parties and public organizations, the actions of which are aimed at eliminating the independence of Ukraine, changing the constitutional system, violating the sovereignty and territorial integrity of the state, undermining its security, illegal seizure of state power, encroachment on human rights and freedoms, public health is prohibited.

All of the above mentioned in part one of Article 37 of the Constitution of Ukraine is about the activities of the Ukrainian "political elite" for more than last three decades. The serious crimes of the "elite" and their devastating consequences are so obvious that proof is not a problem. There are millions of proofs, and they are all in plain sight - all that remains is to compile the relevant registers.

In order to usurp power and rob the people, the "elite" introduced the "Doctrine of Arbitrariness" in Ukraine and created a hybrid "dual" legal system, the legitimate side of which is used by the "elite" exclusively for public demagoguery, and the shadow side - for real arbitrariness, which in fact is all activities of Ukrainian authorities.

THE «DOCTRINE OF ARBITRARINESS» - THE MAIN LEGAL PROBLEM OF UKRAINE

The "doctrine of arbitrariness" is the criminal narratives and actions of the "elite", which dragged the so-called principle of the rule of law from the totalitarian USSR into the legal system of independent Ukraine and used it (in reality, the rule of law of all acts issued by authorities and existing (valid) acts, hereinafter - the "principle the supremacy of the acts of authorities"), by which the principles of the legal state, the rule of law, the highest legal force of the Constitution of Ukraine (hereinafter - the principles of the rule of law) have been completely suppressed in Ukraine.

The principles of the rule of law did not operate in Ukraine for a single day and do not operate to this day - they are paralyzed by the application of the "Doctrine of Arbitrariness".

1991-1997: ARBITRATION WITHOUT DOCTRINE

The implantation of the "principle of the supremacy of the act of the authority" of the totalitarian legal system in the activities of the authorities of independent Ukraine is carried out from the very beginning of the sovereignty of Ukrainian legislation, first of all, through the improper interpretation and application of the legal term «valid act" (law, other legal act) etc).

According to the proverb, a misleading word destroys. The Ukrainian "elite" has lost millions of Ukrainians by the deceptive use of the word «valid», and is destroying the Ukrainian nation and statehood.

The term «valid act" became a "Trojan horse" that introduced the "principle of the supremacy of acts of authorities" from the administrative-command system of the Ukrainian SSR into the legal system of Ukraine, which from the very beginning had to be built exclusively as a legal state.

In the legislation of the Ukrainian SSR, the term "valid acts" was identical to the term «active acts", since all valid acts of authorities, including by-laws, regardless of how they affect the rights and freedoms of a person and a citizen, were subject to "clear and unwavering" performance.

That is, without exception, all valid legislation of the totalitarian regime was, a priori, active legislation regardless of the legal values ​​recognized in the world, including human rights, since the priority in the Ukrainian SSR (USSR) was the ideological values ​​of communism, the will of the Communist Party and of the authorities created by it, and not human rights and freedoms.

[It is important to note that the term «valid legislation" and all terms derived from it (valid legal act, etc.) appeared in the legislation of the Ukrainian SSR (URSR) during the time of the Russian-speaking USSR as a legally incorrect translation of the Russian term «acting legislation».

From a legal point of view, the correct translation of the Russian term «active legislation" into Ukrainian is «current legislation"; the analogue of the Ukrainian term «valid legislation" in the Russian language is the term «effective legislation".

For the sake of justice, it should be noted that the "principle of the supremacy of the acts of the authorities" existed and operated not only in the USSR - it is inherent to all non-democratic, authoritarian, totalitarian, dictatorial regimes."].

Any valid act, even illegal, always = active act - this is the "principle of supremacy of acts of authorities", the principle of supremacy of the interests of the ruling "elite" of a non-democratic state, authoritarian or totalitarian regime.

On the contrary, in Ukraine, as a state governed by the rule of law, all valid legislation must a priori comply with the principles of the rule of law - and only under this condition can it be legitimate, and therefore active, that is, enforceable, that has legal force and, in case of application, generates legal consequences.

In a state governed by the rule of law, valid legislation that does not meet the specified condition is, a priori, illegitimate and null and void, inactive, unenforceable, and in case of application, does not generate legal consequences.

The validity of the act, that is, its physical existence as a result of issuing the act in compliance with established procedures, is only a prerequisite for the activity of the act. At the same time, a valid act = an active act only on the condition that it does not contradict the principles of the rule of law - this is the formula of the rule of law.

In a state governed by the rule of law, the validity of an act in no way means that it is automatically legitimate, active, and enforceable - this is one of the axioms of the state governed by the rule of law.

In view of the above, already from the moment of the adoption of the Declaration on the State Sovereignty of Ukraine dated 16.07.1990, which determined the course for the development of the rule of law, in order to establish and actually implement the principles of the rule of law in Ukraine, the "elite" should clearly distinguish the concept of «valid act" and «active act".

Without distinguishing between the legal concepts of "valid act" and "active act", there can be no question of the existence of such a cornerstone of the principle of the rule of law as legal certainty in the legislation and legal system.

The analysis of the actions of the "elite" convincingly shows that, from the very beginning of the 90s, it was clearly aware of the difference between the concepts of «valid act" and «active act", between the totalitarian "principle of the supremacy of the act of the authority" and the principles of the rule of law, and the fateful significance of this difference, which is equal to the difference between dictatorship and democracy.

At the beginning of the process of transition from the totalitarian administrative-command system to the rule of law dreamed of by the Ukrainian people, a certain part of the "elite" (at that time there were still honest people in its midst) managed to achieve a "legal breakthrough" in the Verkhovna Rada of Ukraine.

First, in 1990 and 1991, anti-totalitarian amendments were made to the Ukrainian Constitution.

Secondly, on June 3, 1992, the first law of Ukraine since independence "On the Constitutional Court of Ukraine" was adopted, the main goals of which were to ensure the protection of human rights and freedoms, the supremacy of the Constitution of Ukraine, compliance of laws and other acts of authorities with the Constitution of Ukraine.

Part 2 of Article 22 of this law determined that illegal acts are declared invalid FROM THE MOMENT OF THEIR IMPLEMENTATION.

"Unlawful acts can be neither valid nor active; if the acts were issued in compliance with all procedures and they became a fact of objective reality, i.e. from a formal and legal point of view they entered into force, but if at the same time they are such that they do not correspond to the principles of the rule of law, they are illegitimate and null and void from the moment of their issuance, invalid and inactive, such as have no legal force, no one is obliged to comply with them, and in the case of their application, they do not generate legal consequences.

Moreover, the invalidity and inactivity of illegal acts occurs "automatically" as a result of their illegality, and not as a result of the decision of the Constitutional Court of Ukraine (the CCU) or some other authority.

The recognition of an illegal act as unconstitutional by the Constitutional Court of Ukraine is only an official statement of the illegality and invalidity of the act - since the nullity of the act arises ipso jure as a result of its non-compliance with the norm of force majeure, and not as a result of the legal position, conclusion or decision of the CCU.

The loss of validity of such an act, that is, the termination of its physical existence by removing it from the register of existing (valid) acts as an illegal, null and void and inactive act, is only a formal consequence of the decision of the CCU to recognize it as unconstitutional" - this is the essence of the legal norm of part 2 of the article according to modern terminology 22 of the Law "On the Constitutional Court of Ukraine" dated June 3, 1992, which fully complies with the principles of the rule of law.

To be continued...