WAS CONSTITUTIONAL DEMOCRACY NECESSARY FOR THE ESTABLISHMENT OF A SOCIALLY ORIENTED MARKET ECONOMY IN UKRAINE IN 1994-2004? (Critical Reflection on the Article)

Abstract

In this article, the author-constitutionalist argues with a political figure and economist P. Gaydutsky, who published his articles in the weekly «Dzerkalo tyzhnia» entitled «The Saga of Ukrainian Reforms». These materials are devoted to the socioeconomic and political results of the reign of the President of Ukraine L. Kuchma (1994-2004). Polemizing with Mr. P. Gaydutsky, the author acknowledges the success of economic reforms led by Mr. Kuchma, but does not agree with their individual political consequences. At the same time, Mr. P. Gaydutsky idealizes these consequences, although there are no sufficient grounds for this. So, during the presidency of L. Kuchma, in fact, there were three constitutional reforms: two successful — 1996 and 2004, and one unsuccessful — in 2000. Indeed, the constitutional reform of 1996, which was held at the beginning of its economic reforms, was actually a democratic one, and in fact enjoyed widespread popularity among the people. Further, the state authorities had to learn to comply with the Constitution of Ukraine of 1996, to introduce constitutional democracy, but instead, she went through new constitutional reforms. Economic reforms continued, and the constitutional reform of 2000 proved to be unsuccessful and in some way undermined the authority of state power; the opposition movement for constitutional democracy began to grow in Ukraine. However, the government, headed by President L. Kuchma, underestimated the role of democratic factors in the country’s life, and because of the falsification of the 2004 presidential election in favor of V. Yanukovych in Ukraine, the Orange Revolution of 2004 has risen. The people managed to defend their choices and V. Yushchenko became President. However, this revolution ended in a political compromise and a constitutional reform of 2004, replacing the presidential-parliamentary form of government in parliamentary-presidential elections in Ukraine. This reform was carried out with gross violations of the procedure established by the Constitution of Ukraine to make changes to it and actually became the beginning of the economic decline of the country up to our days.