Конституційні революції в Україні з перспективи «Чистого правознавства» Ганса Кельзена

Abstract

The article is devoted to the political and constitutional-legal features of passing of the constitutional process in Ukraine in 2004 -2014 years. Stated, that contradiction between legality and legitimacy characterizing not only periods of revolutionary change of the government, but becoming feature of the whole constitutional process. Herewith partial preserving material and legal continuity provisions of the Constitution is combined with discontinuities processual and procedural succession. The continuing constitutional and legal uncertainty serve as a consequence of instability actual, political constitution as the dynamics of interaction between political forces in Ukraine and in the foreign policy arena. The consequence of these circumstances become the permanent crisis of legitimacy of the constitutional process.