This article is authored by Dr. Olha Chernovol*
*Postdoctoral Fellow in the Droit civil section, Faculty of Law, University of Ottawa *Fellow and Member of the Scholar at Risk Program at uOttawa Human Rights Research and Education Centre *Member of Royal Society of Canada College of New Scholars, Artists and Scientists
Image: Ukraine flags flying outside the Riga Congress Centre
Creating a clear and functional system for fulfilling legal duties is one of the pressing legal challenges in Ukraine today. The modern Ukrainian model of legal duties began to take shape in 1996 with the adoption of the Constitution of Ukraine. This foundational document marked a significant turning point, as it clearly articulated the core duties of individuals and citizens for the first time in the country’s post-Soviet history. Rooted in the legal heritage of the former Soviet Union, Ukraine’s early framework also reflected the broader historical and cultural context that shaped the nation's identity prior to independence.
As Ukraine embarked on its journey toward democratic statehood, the concept of legal duties evolved alongside its legal and political institutions. Over time, the country transitioned toward a pro-European legal model, embracing values aligned with liberal democracies and the rule of law. This shift signaled a deliberate move away from authoritarian traditions and toward a rights-based approach to governance.
Central to this transformation is the emphasis on natural and inalienable human rights and freedoms. Ukraine’s legal framework increasingly prioritizes the dignity and autonomy of the individual, anchoring legal duties not merely in state control but in the shared duties that come with citizenship in a democratic society. Constitutional norms now serve not only as instruments of regulation but also as guarantees of individual development and protection. This evolving framework highlights the importance of aligning legal duties with the principles of equality, justice, and human dignity. It underscores the state’s duty to ensure that citizens’ rights are both acknowledged and safeguarded, fostering a legal environment in which individuals can freely pursue their personal and collective aspirations.
However, despite progress in the development of the country’s legal framework, defining and implementing the scope of individual and civic duties remains a complex task for Ukraine. One of the key issues lies in the scattered nature of main duties. Although Ukraine’s Constitution outlines core legal duties, these are dispersed across various articles, making them difficult for citizens to identify and interpret. This fragmentation, combined with vague legal definitions, leads to confusion and weakens the legal system’s effectiveness.
Compounding the problem is the inconsistency found in sectoral legislation. Different legal branches often provide conflicting interpretations of the same duties, creating uncertainty in how laws should be applied. This lack of coherence makes it harder for citizens, legal professionals, and even public officials to confidently fulfill and enforce legal duties.
Equally concerning is the low level of public awareness. Many Ukrainians are unfamiliar with their fundamental legal duties and the proper methods for complying with them. This gap in understanding is largely due to insufficient communication and outreach from government institutions. Without accessible, reliable information, individuals are left without the guidance needed to act responsibly within the legal framework. As a result, non-compliance, whether intentional or due to ignorance, remains widespread. The tendency to overlook or evade legal duties poses a serious barrier to the development of a law-abiding society and undermines public trust in legal institutions.
To solve these issues, Ukraine needs to take several steps in constitutional reform to fix long-standing structural and interpretive challenges. A key step in this direction involves the thoughtful revision of Article 3 of the Constitution of Ukraine to more effectively define and ensure the fulfillment of fundamental duties by individuals and citizens.
Now, the Constitution outlines various duties in a fragmented and often ambiguous manner, limiting their practical enforceability. To remedy this, it is advisable to remove certain declarative provisions from the Constitution and instead articulate specific obligations through sectoral legislation. For example, Article 51, which touches on familial duties, should be clarified to explicitly define the legal duties of parents to support their children until adulthood and of adult children to care for their parents. Codifying these duties in corresponding legislative acts would provide the necessary legal precision and support enforcement.
To enhance the structure and accessibility of legal duties, it is also essential to introduce a dedicated constitutional article that defines the concept of “main duties” in clear legal terms. This article should be supplemented with a comprehensive list of these duties, each elaborated in separate provisions that detail their essence, scope, and the corresponding regulatory legal acts. This systematic approach would create a cohesive and transparent framework, minimizing interpretive discrepancies and ensuring legal certainty.
Finally, the state must take proactive responsibility for increasing public awareness of legal obligations. A constitutional provision should mandate state bodies to regularly inform citizens of their duties under the Constitution and applicable laws. Such a measure would strengthen the legal culture, promote civic responsibility, and foster a more engaged and law-abiding society.
Reforming the constitutional and legislative framework of legal duties is vital to reinforcing the rule of law in Ukraine. By addressing ambiguity, ensuring clarity, and enhancing public understanding, Ukraine can build a more effective and democratic legal system that balances rights with clearly articulated duties.
