Peculiarities of Realization of the Personality of the Ukrainian State in the 20th Century

Abstract

The article is devoted to the study of issues of personality and the legal status of States, their historical and theoretical aspects. The article analyzes different doctrinal approaches with regard to their definition, correlation, as well as approaches to the periodization of the process of realization of the personality of the Ukrainian State during the 20th Century. Special attention is paid to its participation in the creation and functioning of the United Nations as a full independent subject of international law, in the work of international conferences, the establishment of the bilateral diplomatic and consular relations, in the lawmaking process. This enabled more influence on international policy and contributed to the strengthening of the international legal status of Ukraine. The state has a legal status, which is characterized by two aspects – national and international. The first is determined mainly by the standards of constitutional law (Constitution of Ukraine, in particular, established the basic legal principles of the state system of Ukraine) and the international legal status of the state which is determined by the norms and principles of international law. Implementation of legal status is provided by the system of constitutional and other guarantees. Thus, the legal status of the state, as well as other subjects of legal relations, is a basic legal characteristic, which determines membership according to the intra-government or international legal classification. Personality is one of the most important socio-legal properties of the subjects of the law, which allows when stipulated by constitutional law, international legal or other provisions of the legal facts have certain legal relations, that is, evidence of the ability to be the subject of a (member) of these relations. The state is the only sovereign subject of international law that international personality is characterized by them by virtue of the very fact of their existence. The sovereignty of the state differentiates it from other subjects of national law. It provides the legal equality of all existing states, the stability of relations between them on the world stage. It is the state that determines who and under what conditions may be the subject of rights and, consequently, and member relations, as he should have. An example of such consolidation may be legal acts, international treaties, etc. Basic rights and obligations of states as subjects of international law are inseparable unity and come out of the main principles of international law. Unfortunately, incomplete, and rare is the theoretical research institute the liability of the State, especially in the national. At the international level on the basis of a thorough study of the issue, as well as the needs of the practice, the implementation of this institute has found reflection in a number of international and legal acts (statutes of international judicial institutions, permanent and temporary – tribunals and other international treaties, decisions of international organizations etc.). However, there were certain difficulties in the realization of Ukraine as a full international subject. Primarily, this is due to the internal problems of the nation, the unfavorable position of the western countries as for Ukrainian and foreign intervention.