History of Legitimation of the State Power as a Phenomenon of Public and Legal Validity on Historical Lands of Ukraine

Abstract

Problem definition. Building a legal and democratic state in Ukraine is an important factor in ensuring the existence of a legitimation of state power. However, this is impossible without knowledge of the historical past of Ukrainian lands. Also, is analyzing the historical process of the emergence and formation of legitimation processes in the historical lands of Ukraine, it should be noted that the very term «legitimation» from the beginning of the birth of statehood in the historical lands of Ukraine was not used, but its origins can be seen since the time of primitive times. Also, in our opinion, the comprehensiveness and objectivity of the research will contribute to the analysis of specific historical preconditions, causes and factors of legitimation of state power in the territory of modern Ukraine. Goal of the research. Comprehension of historical reality and the conditions for the emergence of the phenomenon of legitimation of state power in the historical lands of Ukraine. In addition, we identify the four main historical periods of the development of the legitimation of state power: the first – from the first state formations in the territory of Ukraine to Kievan Rus (IX–XII centuries); the second from the Cossack age (second half of the XVII century) to the New Age (the formation and development of the Ukrainian national state – the Ukrainian peopleʼs republic (1917–1918) inclusive; the third – the Soviet period (1917–1991); the fourth – modern independent Ukraine
(1991 – to present). About the first period, it is advisable to point out that the term «legitimation of power» did not exist during the time of Kyivan Rus. However, the fact of the existence of the «Viche» as a body of direct peopleʼs power is a vivid indicator of expression of the will of the legitimacy of the princeʼs power, which reduced the possibility of its abuse or usurpation. It is also worth noting that Kievan Rus has established itself in the international arena as an independent state education, so we can conclude that other adjacent state education recognized it, carrying out certain international legal relations. Speaking about second period, during the Cossacks era, the hetmans realized the need to legitimize their authorities and implemented it with the help of the general council. It should be noted that it is obvious that the term of legitimation of the hetman (to a certain extent, the state) power was not used in this era, but it is possible to trace its origin, since the hetman realized that for the sake of stability and strength, his authorities should find positive support from the сossacks. According to the third – Soviet period of the development of the legitimation of state power, it should be noted that in those years there was a monopoly, one-party and imposed Soviet people on the Ukrainian people. At this stage, it is difficult to rationally assess the fact of the popular approval of the authorities, since in fact the Soviet authorities suppressed the liberty of the Ukrainian people. The fourth historical stage in the development of legitimation of state power began on August 24, 1991. In this important day for the Ukrainian people, the Verkhovna Rada of the Ukrainian SSR adopted a resolution «On the proclamation of Ukraineʼs independence». Also during this period was adopted the Constitution of the new state – Ukraine. Ukraine has become a new, independent, democratic state. Conclusions. After analyzing the formation of legitimation processes from the time of the first state formations, Kievan Rus and all the time inclusively to the present, the Ukrainian people tirelessly tried to fight for the establishment of an independent and independent state – Ukraine. Ukrainian people had tried by election elders, by electing Hetmans, by adopting the Universal Candidates, by referendums for the liberation from the Soviet oppression, the proclamation of the Act of Independence, the adoption of the Constitution of Ukraine, etc. All these periods make it possible to conclude that the will of the Ukrainian people is a driving force, a vivid manifestation of conscious choice about legitimacy and the independent election of power subjects.