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Towards the Course of Ukraine (To the 100Th Anniversary of the Act of Unification of the Upr with Zunr)

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Towards the Course of Ukraine (To the 100Th Anniversary of the Act of Unification of the Upr with Zunr) UDC 340 W. Butler, School of Law University of Penn- sylvania Philadelphia, USA V. Yermolaiev, National Academy of Legal Sciences of Ukraine Institute of Postgraduate Education Yaroslav Mudryi National Law University Kharkov, Ukraine TOWARDS THE COURSE OF UKRAINE (TO THE 100TH ANNIVERSARY OF THE ACT OF UNIFICATION OF THE UPR WITH ZUNR) Abstract. In the history of the state and law of Ukraine there are immemorial events, legal monuments, the significance of which is fully realized only with time, especially in modern times. Such an event and attraction is the Act of reunification of the Ukrainian People’s Republic and the West Ukrainian People’s Republic on January 22, 1919. This article attempts to make a short historical and legal analysis of the processes of state- building on the way to the unification of the Ukrainian people and their lands with the beginning of the Ukrainian revolution. It began after the February bourgeois-democratic revolution of 1917 in Petrograd to create in Kiev in early March, public organizations and political parties, emerged from the underground, the Ukrainian Central Rada (hereinafter – UCR). The latter was created as a “parliamentary organization”. In order to provide her with the “nature of the present representation of the entire organized Ukrainian peo- ple,” in April 1917 a crowded National Congress was convened. He determined the form of the state structure of Ukraine – national-territorial autonomy as part of federal demo- cratic Russia, with the main principles of autonomy. The Congress replenished the com- position of the UCR, elected its Chairman – Grushevsky. Subsequently, at its V and VI sessions, as a result of the new reorganization and replenishment of membership in ter- ritorial and party representation, as well as at the expense of elected members from mili- tary, public, trade union organizations, national minorities, the UCR already had 643 deputies. The activity of the Central Rada was determined by political parties of the so- cialist direction: from 19 parties (Ukrainian, Russian and Polish), 17 called themselves socialist. This led to the direction and content of the state implemented by the Ukrainian Central Rada and its government – the General Secretariat. Key words: Ukrainian People’s Republic, Ukrainian Central Rada, Act of Reunification. № 12/2020 25 Theory and history of state and law Introduction defined the structure of state in Ukraine In the history of state and law of as national-territorial autonomy in the Ukraine there are memorable events, le- federal democratic Russia, with the main gal monuments, the meaning of which is principles of autonomy. The Congress comprehensible only in course of time, joined the composition of the UCR, especially in the current period of active chose its head – M. Hrushevsky. Subse- state formation. Such event and monu- quently, at V and VI sessions, as a result ment is Act Zluky of the Ukrainian Peo- of a new reorganization and replenish- ple’s Republic with West Ukrainian ment of the composition of the territo- People’s Republic on January 22, 1919. rial and party representation, as well as The Presidential Decree “On Measures at the expense of elected members from to Celebrate the 100th Anniversary of the military, public, trade union organiza- Events of the Ukrainian Revolution of tions, national minorities, the UCR al- 1917–1921” contemplates “To determine ready had 643 deputies [3]. In reality, the commemoration of events and prom- significantly fewer deputies were in- inent participants of the Ukrainian Rev- volved in its work. Political parties of olution of 1917–1921 as one of the pri- social nature determined the activities of orities of the state authorities in 2017– Central Rada: among 19 parties (Ukrai- 2021” [1]. The Decree mentions, in nian, Russian and Polish) 17 considered particular, the necessity to prepare and themselves socialist. This shaped the publicize scientific works, to contribute direction and content of state formation comprehensively to scientific, ethno- was being made by the UCR and its gov- graphic researches on history of Ukrai- ernment. V. Vinnichenko recalled: “This nian state formation and liberation move- was the center to which all the springs ment. of the awakened national energy flooded; The article attempts brief historical all the pities, all injustices, all hopes, and legal analysis of processes of state expectations, plans, calculations, and formation on the way to uniting Ukrai- arguments flooded here. “[4]. nian people and lands with the beginning Despite counteractions and neutral of the Ukrainian revolution. policies of Russian Provisional Govern- It began after February revolution of ment, the UCR gradually was taking 1917 in Petrograd with public organiza- over the management of all affairs in tions and political parties emerged from Ukraine. Rada’s activists tried to defend underground, Ukrainian Central Rada interests of Western Ukrainians. Report- (hereafter referred to as UCR), started ing at the meeting of its Committee in formatting at the beginning of March. April and July D. Doroshenko, appoint- UCR was created as “parliamentary-type ed by the Territorial Commissioner of organization” [2]. To make it “the true the Parts of Galicia and Bukovina oc- representation of all organized Ukrainian cupied by Russian troops, spoke about people”, in April, 1917 the National Con- the frightening situation of “humanity gress was convened [3]. The Congress deprived of rights”, his unproductive at- 26 Yearbook of Ukrainian law Towards the Course Butler W., Yermolaiev V. of Ukraine... tempts to restore economic and cultural UCR proclaimed the Ukrainian People’s life in the country. Rada outlined the pri- Republic, the total authority of Central ority measures in helping Galician emi- Rada and its General Secretariat [3]. In grants and prisoners in Siberia [3]. such way, the Ukrainian statehood was However, the desire of Central Rada restored. to legitimately gain Ukrainian autonomy The formation of UPR own legal sys- in the federal democratic Russia reflect- tem started. Rada issued laws in the ed in I and II Universals of Rada faced name of UPR; the government had the a decisive opposition from Provisional right to “issue orders in the scope of gov- Government. The principle of state for- ernment on the basis of laws”. The final mation declared by activists in I Univer- delimitation of UPR, the accession of sal “without separating from whole Rus- “adjacent provinces and regions, where sia, without breaking up with the Russian the majority of population is Ukrainian- state” [3] negatively affected its pace, speaking” should be “established in hampered solutions of very important agreement with the organized will of social and economic issues. It may seem people” [3; 5]. The leaders of Ukrainian strange for today, but the matter of future revolution did not see close prospects for prosperity of the Russian state in plans the collapse of the Austro-Hungarian and events of Rada’s activists overpow- Empire and the unification of the Ukrai- ered a search for solutions. In September nian people in one state. In addition, po- 8, 1917 in Kyiv, there was the congress litical events at Naddnipranschina be- of representatives of peoples and regions came more complicated. of Russia, convened by the Central Rada. At the Congress of Workers ‘and Its delegates strived for “federate reor- Peasants’ Deputies of Donbass and ganization of Russian republic”, planned Kryvorizhya in Kharkiv in December 12, to end “excessive centralization of leg- 1917, delegates proclaimed the author- islative and executive power” [5]. For ity of Soviet in Ukraine. The Central further work, even the Council of People Executive Committee of the Soviets was was elected. However, Russian Provi- elected, and the Soviet government was sional Government in Petrograd did not formed. In resolutions “On the organiza- respond to this event, and hopes about tion of power in Ukraine”, “On self-de- democratic reorganization of Russia and termination of Ukraine”, the Congress democratic solution to the Ukrainian is- of Soviets instructed the Provisional sue remained an illusion. Central Executive Committee “to extend 1. Features of formation of upr to the territory of the Ukrainian republic own legal system all decrees and orders of the workers and October Rebellion under the leader- peasants government of the Russian Fed- ship of Bolsheviks and overthrow of eration.” USSR was recognized as the Russian Provisional Government accel- part of Russian Republic [6]. erated processes of state formation in The last Ninth session of the UPR Ukraine. The adopted Third Universal of was on January 15–25, 1918 in the con- № 12/2020 27 Theory and history of state and law ditions of Bolshevik troops attack on This was the price Central Rada paid for Kyiv and the Arsenal factory workers’ peace and return to power. uprising organized by the Bolsheviks. For the UPR delegation in Brest it Under the influence of these events, the was important question concerning per- leadership of the Central Council finally spectives of joining all lands inhabited lost the illusion of the possibility of es- by ethnic Ukrainians in the West. How- tablishing a Russian democratic federal ever, the delegation had to agree on a republic and UPR joining it. Peace ne- secret agreement with Austria-Hungary gotiations in Brest and Ukrainian delega- “on the case of Eastern Galicia and Bu- tion desire to sign a peace treaty with the kovina,” according to which the Aus- countries of the Quadruple Alliance trian side promised to ensure the cul- made necessary constitution of the tural development of Western Ukraini- Ukrainian People’s Republic as a subject ans, and by July 31, 1918, to unite the of international law. That is why the ses- West Ukrainian lands “in one single sion adopted the last Forth Universal, crown edge “[3]. stating in it “From now Ukrainian Peo- As we see, the UCR activists for a ple’s Republic is independent, free, sov- unjustifiably long time were trying to gain ereign state of Ukrainian People”.
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