OBSERVARE
Universidade Autónoma de Lisboa
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier
Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026
277
СONSTITUTIONAL EVOLUTION OF DEMOCRACY: A COMPARATIVE ANALYSIS
OF EUROPEAN AND UKRAINIAN LEGAL FRAMEWORKS
(18TH–20TH CENTURIES)
LESIA KHUDOIAR
hudoyar@ukr.net
PhD (Juridical Sci.), Senior Research Officer, Department of Historical and Legal Research
Koretsky Institute of State and Law of NAS of Ukraine Kyiv (Ukraine)
https://orcid.org/0000-0003-2386-1869
DENYS CHYZHOV
denys_chyzhov@ukr.net
Doctor of Law, Associate Professor of the Department of Constitutional Law Educational and
Scientific Institute of Law and Psychology of the National Academy of Internal Affairs Kyivz
(Ukraine) Leading Research Fellow of the Institute of State Building and Local Self Government of
the National Academy of Legal Sciences of Ukraine Kharkiv (Ukraine)
https://orcid.org/0000-0002-4843-0670
LARYSA POLIAKOVA
poliakovalarysa@mspu.edu.ua
PhD (Historical Sci.), Associate Professor of the Department of History and Archeology
Faculty of Social and Humanities and Law Bogdan Khmelnitsky Melitopol State Pedagogical
University Zaporizhia (Ukraine) https://orcid.org/0000-0002-8579-4377
HALYNA SENKIVSKA
galya_senk@ukr.net
PhD (Historical Sci.), Lecturer of the Department of History and Teaching Method
Faculty of Preschool and Elementary Education, History and Arts Kremenets Taras Shevchenko
Regional Academy of Humanities and Pedagogy Kremenets (Ukraine)
https://orcid.org/0000-0001-6360-9807
VIRA YAVIR
zhabchyk@gmail.com
Dr. (Pol. Sci.), Leading Researcher V.M. Koretsky Institute of State and Law of National Academy
of Sciences of Ukraine Kyiv, (Ukraine)
https://orcid.org/0000-0002-1854-5012
Abstract
The study of the development of democratic principles in the European constitutions of the
eighteenth century and their impact on the formation of Ukrainian constitutionalism is relevant
in analysing the historical and legal foundations of democracy. The Constitution of Pylyp Orlyk
deserves special attention as a unique document that integrates democratic ideas in the
context of the national liberation struggle. The aim of the study is to examine the impact of
European democratic principles on the formation of the legal culture of Ukraine. The research
methodology is based on historical, comparative, systematic, content analysis and
chronological methods. The study identifies the critical democratic principles enshrined in the
European constitutions of the eighteenth century, such as popular sovereignty, separation of
powers and guarantees of human rights, and their impact on Ukrainian legislation. The
analysis of the Constitution of Pylyp Orlyk shows its uniqueness as a document that combines
democratic ideas with traditional customary law. It is established that European constitutions
have influenced the formation of modern Ukrainian constitutionalism by integrating
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 277-292
Constitutional Evolution of Democracy: A Comparative Analysis of European and Ukrainian
Legal Frameworks (18th–20th Centuries)
Lesia Khudoiar, Denys Chyzhov, Larysa Poliakova, Halyna Senkivska, Vira Yavir
278
fundamental democratic values. The practical importance of the study lies in its potential to
inform and enhance the ongoing reform of the Ukrainian legal system, aligning it with
European standards and reinforcing the processes of democratic society in the present era.
Keywords
Democratic principles, European constitutions, the Constitution of Pylyp Orlyk,
constitutionalism, popular sovereignty.
Resumo
O estudo do desenvolvimento dos princípios democráticos nas constituições europeias do
século XVIII e o seu impacto na formação do constitucionalismo ucraniano é relevante para a
análise dos fundamentos históricos e jurídicos da democracia. A Constituição de Pylyp Orlyk
merece especial atenção como um documento único que integra ideias democráticas no
contexto da luta pela libertação nacional. O objetivo do estudo é examinar o impacto dos
princípios democráticos europeus na formação da cultura jurídica da Ucrânia. A metodologia
de investigação baseia-se em métodos históricos, comparativos, sistemáticos, de análise de
conteúdo e cronológicos. O estudo identifica os princípios democráticos críticos consagrados
nas constituições europeias do século XVIII, tais como a soberania popular, a separação de
poderes e as garantias dos direitos humanos, e o seu impacto na legislação ucraniana. A
análise da Constituição de Pylyp Orlyk mostra a sua singularidade como um documento que
combina ideias democráticas com o direito consuetudinário tradicional. Fica estabelecido que
as constituições europeias influenciaram a formação do constitucionalismo ucraniano
moderno, integrando valores democráticos fundamentais. A importância prática do estudo
reside no seu potencial para informar e melhorar a reforma em curso do sistema jurídico
ucraniano, alinhando-o com as normas europeias e reforçando os processos da sociedade
democrática na era atual.
Palavras-chave
Princípios democráticos, constituições europeias, Constituição de Pylyp Orlyk,
constitucionalismo, soberania popular.
How to cite this article
Khudoiar,Lesia, Chyzhov, Denys, Poliakova, Larysa, Senkivska, Halyna & Yavir, Vira (2026).
Constitutional Evolution of Democracy: A Comparative Analysis of European and Ukrainian Legal
Frameworks (18th–20th Centuries). Janus.net, e-journal of international relations. Thematic
Dossier - Rule of Law, Human Rights, and Institutional Transformation in Times of Global and
National Challenges, VOL. 16, Nº. 2, TD3, March 2026, pp. 277-297.
https://doi.org/10.26619/1647-7251.DT0226.15
Article submitted on 03 December 2025 and accepted for publication on 06 January
2026.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 277-292
Constitutional Evolution of Democracy: A Comparative Analysis of European and Ukrainian
Legal Frameworks (18th–20th Centuries)
Lesia Khudoiar, Denys Chyzhov, Larysa Poliakova, Halyna Senkivska, Vira Yavir
279
CONSTITUTIONAL EVOLUTION OF DEMOCRACY: A COMPARATIVE
ANALYSIS OF EUROPEAN AND UKRAINIAN LEGAL FRAMEWORKS
(18TH–20TH CENTURIES)
LESIA KHUDOIAR
DENYS CHYZHOV
LARYSA POLIAKOVA
HALYNA SENKIVSKA
VIRA YAVIR
Introduction
One of the most serious problems of modern science that needs to be solved is the
problem of democratic development and the democratic embodiment of the principles in
the legal systems, particularly in historical approach. Modern democratic systems are
formed upon the basis of the European constitutions of the 18th century privying in
popular sovereignty, separation of powers and human rights (Bondarenko et al., 2022).
However, more detailed study is required of the impact of these constitutions in the
context of the national liberation struggle of Ukraine and specifically in the development
of democratic traditions in the country. A literature review reveals a lot of interest in this
area. Boyko (2020) stresses the uniqueness of Pylyp Orlyk’s Constitution and Berman
(2021) surveys the evolution of democracy in Western Europe. The role of functional
democracy in the interwar period in the work of Couperus (2019) and the historical
democratic traditions in Ukraine in Stechyshyn (2024) are highlighted. However, at the
same time, despite substantive work on the subject in Europe, there is not enough public
discussion or evidential work on the impact of European constitutions on the formation
of Ukraine’s legal culture, which nevertheless should be decisive. Several of these “spots”
have yet to be studied in detail. In particular, such analysis as a systematic one of the
adaptation of European democratic principles to Ukrainian realities and of their role in
shaping modern Ukrainian constitutionalism is absent. It is also necessary to take the
interdisciplinary approach to the problem, i.e. to unite historical, legal and socio-cultural
aspects of the problem.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 277-292
Constitutional Evolution of Democracy: A Comparative Analysis of European and Ukrainian
Legal Frameworks (18th–20th Centuries)
Lesia Khudoiar, Denys Chyzhov, Larysa Poliakova, Halyna Senkivska, Vira Yavir
280
What follows is a study of the impact of eighteenth century European constitutions on
the development of democratic principles in Ukraine and their adaptation in the context
of the national liberation struggle, and the shaping of the modern legal system generally.
The tasks of the study are as follows:
· to explain what were the fundamental democratic principles of the European
constitutions of the eighteenth century; assess the influence of these principles
on the development of Ukrainian constitutionalism. eighteenth century;
· to study the impact of these principles on the formation of Ukrainian
constitutionalism;
· to identify the uniqueness of the adaptation of democratic values in Ukraine;
· to analyse the current challenges of implementing democratic norms in the legal
system of Ukraine.
The aim of this study is to deepen our knowledge of the historical and constitutional legal
bases of democracy and its application to the contemporary constitutionalisation of
Ukraine.
Analysis of the latest research and publications
Modern research focuses on the evolution of democratic principles in the constitutions of
Europe and Ukraine. Boiko (2020), Krysachenko (2023), Couperus (2019), Nazarov and
Derkach (2023) cover various aspects of the development of democracy and its
legislative support. Buhaienko (2024), Berman (2021), Stechyshyn (2024), and
Kyrychenko and Kyrychenko (2021) provide a comparative analysis of constitutional
development and its social impact. Khaustova (2022), Gouvea and Branco (2023), and
Simons (2024) analyse the latest challenges to democracy, including the role of e-
governance, international organisations and the impact of the pandemic. Sanford (2002),
Martyn et al. (2016), and Dauchy et al. (2016) examine the historical impact of legal
texts and constitutional traditions on the formation of modern democratic systems.
Christensen et al. (2024) focus on conceptualising democracy in different socio-cultural
contexts, including Ukraine, Norway, and Palestine. Medvedska (2020) and Yakovlev et
al. (2022) analyse the development of deliberative democracy and economic democracy,
emphasising the role of the middle class. Kyrychenko and Kyrychenko (2021),
Kobyletskyi and Paslavska (2023), and Gorenko et al. (2023) examine the historical and
legal aspects of equal rights and the impact of Ukrainians on the cultural and educational
space of Europe. Markhgeym et al. (2019) highlight the humanitarian context of the
principles of justice in the constitutions of Eastern Europe.
Van der Straaten (2022) examines legal identity in the context of democracy in Northern
Europe, while Novák (2024) analyses Aristotle's theoretical ideas on democracy and
oligarchy. Gouvêa and Castelo Branco (2023) discuss constitutional processes involving
the UN, highlighting their contribution to democracy. Simons (2024) examines the
politicisation of law and science in Europe during the pandemic, while Stechyshyn (2024)
focuses on the historical traditions of democracy in Ukraine. Studies by authors such as
Berman (2021) and Couperus (2019) trace the transition to democracy in different
regions of Europe. In general, the analysis of sources shows that modern research covers
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 277-292
Constitutional Evolution of Democracy: A Comparative Analysis of European and Ukrainian
Legal Frameworks (18th–20th Centuries)
Lesia Khudoiar, Denys Chyzhov, Larysa Poliakova, Halyna Senkivska, Vira Yavir
281
both historical and contemporary aspects of democracy development, demonstrating the
complexity and multifaceted nature of this process. This approach allows for a deeper
understanding of the evolution of democratic principles and their adaptation in modern
Ukraine.
Previous studies have insufficiently covered the practical mechanisms for implementing
the democratic principles enshrined in the European constitutions of the eighteenth
century in Ukraine's modern legal system. There is also a lack of analysis of the impact
of these constitutions on the formation of Ukrainian identity in the context of the national
liberation struggle.
Research Methods
In the course of the study, a set of methods providing an objective and systematic
analysis of the development of democracy principles in the constitutions of Europe and
Ukraine of the XVIII-XX centuries was used:
1. Historical and comparative method was applied to analyse the evolution of democratic
principles in European constitutions and their impact on the formation of Ukrainian
constitutionalism. This method allowed to identify common features and differences
between European and Ukrainian constitutional traditions.
2. Constitutions were studied as holistic legal documents integrating political, social and
economic aspects of democracy using systemic approach.
3. The method of analysis and synthesis was utilied to summarise historical data, identify
the key principles of democracy and their impact on the formation of the legal system of
Ukraine.
4. Comparative method of law was used in analysing the constitutions of European
countries of various epochs with the Constitution of Ukraine, and thus identifying
originalities of the Ukrainian attitude towards integration of democratic values.
5. The chronological method was used to assume the structuring of the material
depending on the history stages of democracy in its implementation and the
constitutional norms during given historical periods.
6. To identify the main democratic values contained in constitutions, legislative acts and
scientific publications, we have used content analysis.
7. The data were obtained and the conclusions were formulated according to the method
of logical generalisation based on them and to interpret in the context of the research
problem.
Application of these methods allowed to undertake a comprehensive analysis of the
influence of European constitutional traditions in the formation of democratic principles
in Ukraine in the historical, legal and socio-political context.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 277-292
Constitutional Evolution of Democracy: A Comparative Analysis of European and Ukrainian
Legal Frameworks (18th–20th Centuries)
Lesia Khudoiar, Denys Chyzhov, Larysa Poliakova, Halyna Senkivska, Vira Yavir
282
Research Results
The eighteenth century was a period of significant transformation in the political
structures of numerous European nations. Traditional monarchical forms of governance
gave way to a new conceptualisation of the role of citizens in public administration.
However, the modern democracy, whose formation was based on Enlightenment ideas
which encouraged respect for reason and freedom, equality and justice for all men, was
created in the course of this century. The concepts of popular sovereignty, the separation
of powers and the protection of human rights were introduced into the political culture of
the European states, thereby influencing the way in which public administration was
understood. These models were employed to delineate the principles that were emerging,
as evidenced by the US Constitution of 1787 and the French Constitution of 1791. In
addition, these documents have served as a primary source of inspiration for the
establishment of legal systems that are founded upon the principles of the rule of law
and citizen involvement in governance processes.
The constitutions of the eighteenth century in Europe laid the foundation for democratic
transformations by introducing the principles of popular sovereignty, separation of
powers and guarantees of civil rights. They became a key benchmark for further
developing democratic systems in the nineteenth and twentieth centuries, including the
formation of the Ukrainian constitutional tradition.
The Constitution of Pylyp Orlyk, adopted in 1710, is one of the world's first written acts
that systematically enshrined democratic values and principles of government. This
document became an important milestone in the history of Ukrainian state-building and
entered the treasury of world constitutional thought. The Constitution was written in the
circumstances of the Ukrainian Cossacks’ fight for their autonomy within the Polish
Lithuanian Commonwealth and Muscovite states. In exile Hetman Pylyp Orlyk tried to
outline road map to restore Ukrainian state independence and its democratic
development (Boiko, 2020).
Orlyk's constitution envisaged the following critical democratic values:
• Separation of powers. For that time, the document gave a clear separation of
hetman, legislative and judicial branches of government. This principle was a form of the
modern principle of separation of powers.
• People's sovereignty. Power within the state consisted in the power of the people,
and the hetman was obliged to do that which did him no displeasure, by consent of the
officers and representatives. The way it was done was progressive, just ahead of its time.
• Rights and freedoms that are guaranteed. The Constitution guaranteed the rights
of the Cossacks and the population of Hetmanate and condemned any forms of
arbitrariness of Hetman, or other representatives.
Unlike European eighteenth century constitutions, Orlyk's Constitution was based on
national liberation. It combined democratic principles with traditional customary law,
reflecting the desire to restore Ukrainian autonomy within a democratic state. Although
the Constitution of Pylyp Orlyk was never put into practice due to historical
circumstances, it became an essential source of inspiration for subsequent generations
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Constitutional Evolution of Democracy: A Comparative Analysis of European and Ukrainian
Legal Frameworks (18th–20th Centuries)
Lesia Khudoiar, Denys Chyzhov, Larysa Poliakova, Halyna Senkivska, Vira Yavir
283
of Ukrainian politicians and lawyers. It was the first to lay down the foundations of a state
system that aligned with democratic ideals.
Figure 1. Democratic principles in the constitutions of Europe in the eighteenth century
Source: compiled by the author based on research data (Boiko, 2020; Couperus, 2019; Berman,
2021) and analysis of democratic processes (Gorenko et al., 2023; Stechyshyn, 2024;
Kyrychenko & Kyrychenko, 2021).
The Constitution of Pylyp Orlyk of 1710 was an outstanding phenomenon in the history
of legal thought. It laid down the fundamental principles of democratic governance that
influenced the further development of Ukrainian constitutionalism. Its values and ideals
remain relevant in the modern understanding of democracy.
European constitutions have also significantly impacted the development of democratic
processes in Ukraine, especially during the periods of national statehood and adaptation
to European standards. Since the eighteenth century, the ideas and practices of European
constitutionalism have contributed to the gradual introduction of democratic principles
into Ukraine's legal system (Table 1).
Influence of Enlightenment ideas on constitution-
making
•Popular sovereignty, the separation of powers, equality before
the law and individual rights also held by such thinkers as
John Locke, Charles-Louis de Montesquieu and Jean-Jacques
Rousseau, were also important. About many constitutions of
that time (Dauchy et al., 2016), their theoretical base was
Montesquieu’s separation of powers.
The first written constitution in Europe
•The first European written constitution was the Constitution of
3 May 1791, adopted in the Polish-Lithuanian Commonwealth.
It laid down the principles of hereditary monarchy, separation
of powers, and guarantees of citizens' rights, which was a
revolutionary step for its time (Couperus, 2019). Although the
Constitution did not last long due to political circumstances, it
had a significant impact on the further development of
constitutional law in Europe.
The development of democratic principles in
France
•The French Revolution (1789-1799) gave rise to the
revolutionary French Constitution of 1791, which proclaimed
the sovereignty of the people, established a constitutional
monarchy and guaranteed civil rights. Although this document
had its shortcomings, its democratic principles influenced the
formation of constitutional systems in other European
countries (Kobyletskyi & Paslavska, 2023).
Comparison with other countries
•Compared to the UK, which already had a well-established
democratic tradition, the formalisation of these principles in
the form of written constitutions was a new phenomenon in
continental Europe. In the UK, the main democratic
institutions existed in the form of case law and parliamentary
tradition (Simons, 2024).
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Thematic Dossier - Rule of Law, Human Rights, and Institutional
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Legal Frameworks (18th–20th Centuries)
Lesia Khudoiar, Denys Chyzhov, Larysa Poliakova, Halyna Senkivska, Vira Yavir
284
Table 1. The impact of European constitutions on democratic processes in Ukraine
Period
European Constitution
Impact on Ukraine
XVIII century
Constitution of 3 May 1791
(Polish-Lithuanian
Commonwealth)
It laid down the principles of separation of
powers, hereditary monarchy and civil rights,
which influenced the development of democracy
in Ukraine.
The end of the
eighteenth century
The Constitution of France
of 1791
The ideas of people's sovereignty and equality
before the law inspired Ukrainian thinkers and
politicians, including the Constitution of Pylyp
Orlyk.
The Soviet period
(1917-1991)
European democratic
models
Formal consolidation of democratic norms (voting
rights, declarations of rights), which were not
actually implemented due to the totalitarian
system.
Independence of
Ukraine
(since 1991)
Constitutions of Western
European countries
(France, Germany)
The principles of the rule of law, human rights,
the separation of powers and popular sovereignty
are integrated into the 1996 Constitution of
Ukraine.
Source: compiled by the author on the basis of research data (Krysachenko, 2023; Buhaienko,
2024; Couperus, 2019) and analysis of constitutional principles (Nazarov & Derkach,
2023; Kyrychenko & Kyrychenko, 2021; Markhgeym et al., 2019).
The constitutions of the Ukrainian SSR adopted between 1919 and 1991 reflected
changes in the political life of the Soviet Union, while remaining controlled by party
ideology. They formally enshrined democratic principles, but due to the totalitarian
regime, real democracy was absent. The main characteristics of the constitutions of the
Ukrainian SSR of this period are their declarative nature and their compliance with the
interests of the Communist Party.
The first Constitution of the Ukrainian SSR of 1919 was adopted in the context of the
establishment of Soviet power. Its main characteristics:
- The principle of the dictatorship of the proletariat. The constitution enshrined the power
of the working class and peasantry, exercised through councils controlled by the
Communist Party. Political multiparty system was eliminated.
- Restrictions on civil rights. Citizens' rights and freedoms depended on their loyalty to
the Soviet government. For example, the deprivation of voting rights affected
representatives of the "non-labour" classes (entrepreneurs, clergy).
- Centralisation of power. The republic was effectively subordinated to the central
authorities of the Soviet Union, which limited the autonomy of the Ukrainian SSR.
The Constitution of the Ukrainian SSR of 1937 was adopted during the period of Stalin's
repression and officially affirmed the "democratic" principles of the socialist state:
- Formal equality of citizens. The Constitution proclaimed the equality of all citizens before
the law, regardless of gender, nationality or social status. However, this provision was
not implemented due to massive repression and political control.
- The principles of "people's democracy". The document declared freedom of speech,
press, assembly and rallies, which were effectively controlled by the party.
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Constitutional Evolution of Democracy: A Comparative Analysis of European and Ukrainian
Legal Frameworks (18th–20th Centuries)
Lesia Khudoiar, Denys Chyzhov, Larysa Poliakova, Halyna Senkivska, Vira Yavir
285
- The leading role of the party. The CPSU's monopoly on power was legally enshrined,
making democratic pluralism impossible.
- Restriction of political rights. The elections were held on a first-past-the-post basis,
where voters could only elect candidates nominated by the Communist Party.
The Constitution of the Ukrainian SSR of 1978, the last Soviet Constitution, reflected the
ideas of "developed socialism":
- Declarative democratic rights. The rights to participate in elections, freedom of speech,
press, assembly and demonstration were enshrined. All these rights were limited by state
control.
- The right to vote. The constitution declared universal suffrage, but elections remained
a formality, as the list of candidates was approved by party bodies.
- Economic and social policy. Equal access to education, medicine, and culture was
proclaimed. However, state control over all spheres of life reduced these rights to
declarations.
- Control over the government. The constitution formally enshrined the separation of
functions between the branches of government, but all of them were effectively
dependent on the Communist Party.
The main drawback of all Soviet constitutions was the lack of natural mechanisms to
ensure democracy, as their provisions were mostly declarative and not implemented in
practice. Despite the formal enshrining of citizens' rights and freedoms, such as freedom
of speech, press, assembly, and participation in elections, these rights were limited by
the strict political control of the party. The political and legal control of the Communist
Party over all institutions precluded the independence of the branches of government,
creating a monopoly on decision-making and implementation of state policy. Elections
proclaimed general and equal became a formality, as voters could not choose between
natural alternatives due to the lack of political pluralism. The judiciary, which was
supposed to be independent, was controlled by party organs, undermining the rule of
law. Thus, the Soviet constitutions enshrined only the appearance of democratic norms,
using them to legitimise the totalitarian regime and suppress political opposition. This
resulted in the absence of any conditions for the development of genuine democracy and
limited the ability of the people to influence political processes.
The influence of Soviet ideology on the legal regulation of democracy is presented in
Table 2.This table demonstrates the systemic influence of Soviet ideology on the
constitutional development of the Ukrainian SSR, where formal democratic principles
were merely declarations that served the interests of the totalitarian regime.
European constitutions are traditionally considered to be a model of democratic
governance and legal regulation. The 1996 Constitution of Ukraine, as part of the post-
Soviet space, adopted many of the key principles of European constitutionalism, such as
the rule of law, separation of powers, protection of human rights and popular sovereignty.
At the same time, there are peculiarities that distinguish the Ukrainian constitutional
experience from its European counterparts.
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Constitutional Evolution of Democracy: A Comparative Analysis of European and Ukrainian
Legal Frameworks (18th–20th Centuries)
Lesia Khudoiar, Denys Chyzhov, Larysa Poliakova, Halyna Senkivska, Vira Yavir
286
Table 2. The influence of Soviet ideology on the legal regulation of democracy
Period
Basic principles of
the Constitution of
the Ukrainian SSR
Manifestations of the
influence of Soviet
ideology
1919
The dictatorship of the
proletariat.
Power concentrated in party-
controlled councils;
disenfranchisement of "non-
labour" classes.
1937
The supremacy of the
Communist Party, the
proclamation of equality
of citizens.
Declarative nature of rights;
political control over citizens;
repression of "enemies of the
people".
1978
Developed socialism,
the right to vote,
freedom of speech and
assembly.
Elections without alternative
candidates; all media under
state control.
1980s
The beginning of
perestroika: criticism of
totalitarianism.
Some attempts to introduce
real changes in the areas of
freedom of speech and
political competition.
Source: compiled by the author on the basis of research data (Christensen et al., 2024;
Khaustova, 2022; Simons, 2024) and analysis of democratic norms (Berman,
2021; Couperus, 2019; Boiko, 2020).
While the 1996 Constitution of Ukraine shows a relatively high degree of compliance with
European standards of democracy, at the same time maintaining its own identity.
Ukrainian and European constitutions alike share basic democratic principles, such as
popular sovereignty, the rule of law and separation of powers. However, it is also not
easy for Ukraine to put these principles into practice, and in particular in constitutional
oversight, human rights protection, and decentralisation. Further reform of the legal
system and strengthening of the political culture will be needed for these areas to
progress. While the 1996 Constitution of Ukraine shows a relatively high degree of
compliance with European standards of democracy, at the same time maintaining its own
identity. Ukrainian and European constitutions alike share basic democratic principles,
such as popular sovereignty, the rule of law and separation of powers. However, it is also
not easy for Ukraine to put these principles into practice, and in particular in constitutional
oversight, human rights protection, and decentralisation. Further reform of the legal
system and strengthening of the political culture will be needed for these areas to
progress.
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VOL. 16, Nº. 2, TD3
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Constitutional Evolution of Democracy: A Comparative Analysis of European and Ukrainian
Legal Frameworks (18th–20th Centuries)
Lesia Khudoiar, Denys Chyzhov, Larysa Poliakova, Halyna Senkivska, Vira Yavir
287
Table 3. Comparative analysis of the Constitution of Ukraine of 1996 and European constitutions
Criterion
Constitution of
Ukraine (1996)
European
constitutions
Comparison and features
People's
sovereignty
The people are the
sole source of
power (Article 5).
It is proclaimed in most
European constitutions
(France, Germany,
Italy).
The principle is implemented
through elections,
referendums and
representative bodies.
Rule of law
The Constitution
has supreme legal
force (Article 8).
It is enshrined in the
constitutions of
Germany, France, and
Spain.
Ukraine has integrated this
principle into its legal
system, but the practice of
its implementation is still
evolving.
Distribution of
power
The legislature,
executive and
judiciary are
independent (Article
6).
The principle of
separation of powers is
implemented in most
European countries.
In Ukraine, mutual control
mechanisms have not yet
reached the level of stability
of European democracies.
Protection of
human rights
Title II guarantees a
wide range of rights
and freedoms.
European constitutions
often include references
to the European
Convention on Human
Rights.
The Constitution of Ukraine
provides for similar rights,
but the practice of protecting
them needs to be improved.
Multi-party
system
The right to form
parties and public
organisations is
guaranteed.
European countries (e.g.
France, Italy) actively
support political
pluralism.
Multiparty system in Ukraine
still has shortcomings due to
the low level of political
culture.
Decentralisation
Recognition of local
self-government
(Article 7).
European constitutions
(Spain and Germany)
enshrine regional
autonomy.
Ukraine's decentralisation
process continues, and
significant progress has been
made in strengthening the
role of local communities.
Voting rights
Universal suffrage
for citizens.
Most European countries
have similar provisions.
According to the
organisation's standards,
Ukrainian elections are in line
with democratic principles,
but there are questions about
transparency.
Constitutional
control
The Constitutional
Court of Ukraine
ensures the
compliance of laws
with the
Constitution.
In Europe (e.g.
Germany), there are
developed mechanisms
of constitutional control.
The Ukrainian system is not
yet effective enough due to
political influence.
Integration of
international law
International
treaties are part of
the national legal
system (Article 9).
Many European
countries (France,
Germany) also have this
provision.
Ukraine is actively adapting
its national legislation to
international standards,
especially in the context of
European integration.
Language
The state language
is Ukrainian (Article
10).
In some countries
(Switzerland, Belgium),
several official languages
are recognised.
The Ukrainian Constitution
emphasises the unitary
nature of the language,
which reflects national
identity.
Source: compiled by the author based on constitutional amendments (Kyrychenko & Kyrychenko,
2021; Gorenko et al., 2023; Buhaienko, 2024) and a review of historical traditions
(Stechyshyn, 2024; Medvedska, 2020; Berman, 2021).
The Constitution of Ukraine of 1996 was important in the creation of a democratic society
and asceticism of the rule of law, democracy and protection of citizens' rights and
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Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 277-292
Constitutional Evolution of Democracy: A Comparative Analysis of European and Ukrainian
Legal Frameworks (18th–20th Centuries)
Lesia Khudoiar, Denys Chyzhov, Larysa Poliakova, Halyna Senkivska, Vira Yavir
288
freedoms. It is important because it has not only turned into a legal document, but also
a symbol of the democratic change in Ukraine. Among the main accomplishments of the
Constitution is the embedding of a wide variety of rights and freedoms in Chapter II. This
section contains:
• Civil rights: of personal integrity, freedom of thought and speech, the right to life.
• Political rights: functions on the ability to vote in elections, to join political parties
as well as the right to hold peaceful assembly.
• Social rights: work, social protection, education, medical care.
International human rights standards including the European Convention on Human
Rights, these provisions are consistent with. The Constitution has established people’s
sovereignty enshrined by Article 5 of the Constitution, so the citizen is sovereignsthe
citizen can change the government through his elections and his referendums. The
participation of citizens in this principle must be an important element of local self
government.
The Constitution of Ukraine enshrines the rule of law as a fundamental principle of
governance (Article 8). The aforementioned principles are enshrined in the law and form
the basis for all legal operations, including those conducted by state authorities. In this
context, the Constitutional Court of Ukraine bears a particular responsibility for
determining which laws are in compliance with the Constitution.
The Constitution allows for multi-party system and freedom of political activity (Article
36), rendering the process of political pluralism more complete and democratic political
culture rising. The provision is meant to reduce the level of competition in the political
process and to lay the basis for open decision making. A key part was development of
democracy at the regional level, which included consolidation of local self-government
(Article 7). It gave additional powers to Territorial communities in dealing with local
problems and with citizens’ initiative. The development of the legal framework was
created for Ukraine as a result of their responding to the demand about the need of
Ukraine to enter into European community, this was done with the adoption of the 1996
Constitution. Passage seals the primacy of international law (Article 9), and means that
Ukraine enters the world of democracy, rule of law and human rights in the European
way.
The Constitution of Ukraine, enacted in 1996, has become a cornerstone of the country's
democratic system of governance. The formal enshrinement of democratic principles is
of significant importance, as is the establishment of measures to ensure their effective
implementation. Nevertheless, numerous challenges have emerged in relation to
attempts to restrict legal reform and the persisting low levels of political instability.
However, the Constitution retains its paramount importance for the protection of
democracy, human rights and the rule of law in Ukraine.
A review of the Ukrainian experience, the development of democracy in Ukraine, and the
constitutions of Europe reveals that constitutionalism has been shaped by the European
democratic tradition since the time of Pylyp Orlyk's Constitution. The constitutions of the
18th and 20th centuries in Europe served as a model for the establishment of the rule of
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 277-292
Constitutional Evolution of Democracy: A Comparative Analysis of European and Ukrainian
Legal Frameworks (18th–20th Centuries)
Lesia Khudoiar, Denys Chyzhov, Larysa Poliakova, Halyna Senkivska, Vira Yavir
289
law in Ukraine. The most significant factor in the democratisation of society was the
Constitution of Ukraine, adopted in 1996. This document introduced a number of key
principles, including popular sovereignty, the rule of law and the protection of human
rights. Nevertheless, the practical implementation of these principles is contingent upon
further reform of the legal system.
Discussion
The findings confirm that the European constitutions of the eighteenth century
significantly shaped democratic principles in Ukraine, which is in line with the results
drawn by Boiko (2020) and Kyrychenko (2023). For instance, Pylyp Orlyk's constitution
was one of the first and the most democratic, integrating popular sovereignty and a
separation of powers ahead of its time. These provisions have a European
constitutionalism component, which shows their common source of democratic thinking.
The research findings demonstrate, at the same time, the originality of the Ukrainian
tradition of combining democratic ideas with customary law. It contrasts with Western
European models, where the codification process was more centralised (Berman, 2021;
Couperus, 2019). Such a national liberation war of the Ukrainian people makes it evident
that democratic values in the country were shaped by such a war, according to Nazarov
and Derkach (2023).
The principle of democratic ideology is similar, but its application in Ukraine is minimal.
Elsewhere in post-totalitarian countries (Kyrychenko & Kyrychenko, 2021), this
contradiction between progressive norms in constitutions and their implementation has
been observed. For instance, the 1937 Constitution of the Ukrainian SSR enshrine in its
constitution the rights of citizens, yet the totalitarian system makes it virtually impossible
to exercise these rights. Provisions similar to these existed elsewhere in Soviet republics,
where guarantees were only on paper (Markhgeym et al., 2019). Additionally, the results
also offer further research. In particular, the effects of the European democratic traditions
on modern Ukrainian constitutionalism may provide insights into suitable adaptation of
the European experience to the Ukrainian conditions. Furthermore, the study of the
practical implementation of democratic principles within the modern context of
decentralisation and European integration should be well-engaged.
In general, the results achieved are consistent with earlier research. However, as
explained below, they also portray some new aspects of the historical and legal history
of democracy development in Ukraine. In confirmation of the research hypothesis, this
thesis further confirms the central role of European constitutions in developing
democratic traditions in Ukraine. However, an in-depth study of the tasks and
opportunities of constructing a democratic society in contemporary Ukraine is still
required.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 277-292
Constitutional Evolution of Democracy: A Comparative Analysis of European and Ukrainian
Legal Frameworks (18th–20th Centuries)
Lesia Khudoiar, Denys Chyzhov, Larysa Poliakova, Halyna Senkivska, Vira Yavir
290
Conclusion
The study revealed a significant influence of the European constitutions of the eighteenth
century on the formation of democratic principles in Ukraine, mainly through adapting
the ideas of popular sovereignty, separation of powers and protection of human rights.
The uniqueness of the Constitution of Pylyp Orlyk lies in its integration of democratic
values with traditional customary law, which became the basis for the formation of
national identity even in the context of the national liberation struggle. The analysis
showed that despite the formal enshrinement of democratic principles in the Soviet
constitutions, their practical implementation was limited due to ideological control. The
1996 Constitution of Ukraine demonstrates significant progress in implementing
democratic standards, enshrining the principles of the rule of law, popular sovereignty
and decentralisation, which align with European traditions. At the same time,
implementing these principles effectively depends on further improving the legal system,
political culture and constitutional oversight mechanisms.
Prospects for further research include analysing the current challenges in Ukraine's
democratic development, particularly in European integration processes, and adapting
successful democratisation practices of other countries to the national context.
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