On June 28, Ukraine celebrates Constitution Day, a day that goes beyond legal symbolism to encompass profound historical, political, and civilizational dimensions. For the Ukrainian nation, the Constitution is not merely the highest law of the land; it is a symbol of the state’s continuity, a tool to safeguard freedom, and a guarantor of democratic progress.
At the heart of this foundational text lie human dignity, state independence, and the unity of its territory, all rooted in a rich historical-philosophical tradition.
Historical Roots of Ukrainian Constitutionalism: From Pylyp Orlyk to Today
The origins of Ukrainian constitutional thought stretch back to the 18th century, when the exiled Hetman Pylyp Orlyk, alongside leading Cossack figures in 1710, declared a constitution after their defeat to the Russians at the Battle of Poltava and subsequent exile alongside Ivan Mazepa. This document stands as one of Europe’s earliest efforts to enshrine limited governance and parliamentary authority.
It clearly outlined the prerogatives of the Hetman, imposed checks on his power, defined the role of the General Council (parliament), and enumerated the rights of the Cossacks and all social strata.
Though never implemented due to external politics and ongoing Moscow control of Cossack territories, it left a significant mark on European legal thought and anchored Ukrainian political culture in democracy, rule of law, and separation of powers.
In subsequent eras, the Ukrainian people repeatedly pursued self-determination through constitutional means. In the 19th century, Galicia under Austro-Hungarian rule saw early autonomy, parliamentary representation, and legal foundations. In the 20th century, the 1918 Constitution of the Ukrainian People's Republic constituted another step toward a democratic rule-of-law state guaranteeing citizenship equality and protecting rights and freedoms. Similarly, the short-lived Western Ukrainian People’s Republic documents embodied the aspiration to enshrine independence in lawful governance.
Even under Soviet occupation, Ukraine retained a constitutional form. The Soviet constitutions of the Ukrainian SSR, adopted in 1919, 1937, and 1978, while subordinated to the centralized communist system, formally preserved elements of Ukrainian sovereignty. This legal existence later facilitated independence in 1991 and allowed Ukraine to become a founding UN member, establishing its international legitimacy.
The 1996 Constitution: Legal Foundation of an Independent State
On the night of June 27–28, 1996, Ukraine’s parliament passed the constitution of the independent state after extensive and rigorous debate. This moment was a watershed in national history, firmly establishing national sovereignty, democratic governance, institutional separation, human rights and liberties, and the indivisibility of Ukrainian territory.
This constitution paved the way for Ukraine’s transformation from a post-Soviet republic to a fully democratic country open to the world. It not only recognized Ukrainian as the official language, but also enshrined equality among citizens regardless of ethnicity, religion, or belief. It explicitly declared the inviolability of Ukraine’s territory.
Development and Modernization: The Constitution as a Living Document
Although institutionally stable, Ukraine’s Constitution is far from static. Over more than 25 years, it has evolved to reflect the political system’s growth, address societal aspirations, and respond to external challenges. Among the most notable changes was the 2004 reform that strengthened parliament to better balance power. Although temporarily repealed in 2010, it was reinstated following the 2014 Revolution of Dignity in response to public demands for democratic legitimacy and rule of law.
In 2019, key amendments were made to enshrine Ukraine’s Euro-Atlantic integration as a strategic national choice, not just symbolic, but grounded in political consensus and public will to join security, value-based frameworks guaranteeing sovereignty, prosperity, and progress.
Referenda and Territorial Integrity: Law Over Illusion
Ukraine’s Constitution places high importance on national referendums as a form of direct democracy. Article 73 stipulates that any change to state borders must be resolved via a nationwide referendum conducted under constitutional procedures, legal oversight, and transparency, with public participation and international recognition.
Consequently, all so‑called referenda organized by Russia in temporarily occupied Ukrainian territories, Crimea, Donetsk, Luhansk, Zaporizhzhia, Kherson, are inherently invalid, lacking any legal legitimacy under national or international law.
These staged events, conducted under threat, lacking international observers, and grossly violating Ukrainian and international standards of human rights, amount to propaganda tools aiming to justify aggression or normalize occupation. Those who uphold the rule of law cannot recognize such sham referenda.
The Constitution as a Compass: Lessons Today and Visions Tomorrow
Ukraine’s Constitution today is more than a legal text—it is an everyday instrument in the fight for freedom, sovereignty, and national dignity. Amid the ongoing war with Russia, the Constitution supports institutional balance, ensures functioning governance, protects citizens’ rights, and charts the nation’s path forward.
In a world marked by rapid upheaval, Ukraine stands as a living example that a constitution can, beyond being a legal document, signify the resilience of the national spirit. It enshrines inviolable values: sovereignty, dignity, freedom, rule of law, and territorial integrity. From this standpoint, Ukraine’s experience offers a powerful message to other nations grappling with the balance between stability and freedom, security and dignity.
Ukraine’s Constitution is thus not merely the supreme law; it is a cornerstone of national identity, a tool of resistance, and a guidepost toward the future.
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