Abstract work
Constitutional justice is in the Ukrainian system of state rule
The second major event in formation and development of world constitutionalism including Ukrainian constitutionalism after acceptance of constitutions as uniform statutory acts of the best validity is formation of specialized courts to protect constitutions - Constitutional courts.to Article 20 of the Constitution as the main law is a necessary attribute of a modern lawful state. Nevertheless, the society demands not only the Constitution but also the effective and stable mechanism of its protection. Certainly, the guarantor of the constitutional provisions is activity of all state bodies and officials which is carried out by them by different legal means within the limits of the delegated competence acts. But the main structural element in the system of protection of the Constitution is the Constitutional Court of Ukraine - a unique body of the constitutional jurisdiction in Ukraine which is one of the supreme constitutional bodies [1] .the time being the discussion concerning the nature of the Constitutional Court, its functions, structure, the order of formation and updating, the nature and the mechanism of execution of acts, a place and a role of the Constitutional Court in the system of the state bodies proceeds. In particular, G. Murashin, N. Vitruk, V. Ladichenko, O. Kordun consider the Constitutional Court a judicial body [2]. Not by chance in section 8 of the Constitution of Ukraine realization of legal proceedings by the Constitutional Court is ascertained under the name Justice raquo ;. The basic social purpose of the Court is to provide protection and leadership of the Constitution, to be its guarantor, a legal court concerning normative legal acts [3]. These powers give true independence to a judicial branch of authority. In opinion of Ladichenko, emergency of so-called control authority which replaces judicial one while considering conflicts between the branches of authority or bodies which represent them results in decrease of authority of a court as it reduces its functions up to solving conflicts only between citizens and their associations. Thus, the control authority replaces judicial one among equal among the first [4]. At the same time, the Constitutional Court essentially differs from other courts. It is not an element of the system of courts of general jurisdiction which consider disputes - questions of separate branches of law; it can not be a cassation, appeal or supervising instance for courts of general jurisdiction. The constitutional Court considers cases not in the way of ordinary legal proceedings according to requirements of remedial codes, but according to the rules of the constitutional legal proceedings, according to the Constitution, the law On the Constitutional Court of Ukraine and the rules authorized by the Court [5] .main advantage of the specialized constitutional jurisdiction is in rationalization of the procedure of investigation of circumstances of a case and decision-making. The constitutional Court solves only constitutional and legal problems. This deprives it of the necessity to solve simultaneously complicated problems of other branches of law. During a specialized constitutional process it is easier to make judgements obligatory for everybody, that is important when the system of the constitutional justice is introduced for the first time [6] .. Shapoval, J. Shulzhenko, V. Chirkin, M. Kelman, M. Teslenko, V. Gergelijnyk suggest not to include this court in judicial authority but to relate it to a special control branch as the function of the constitutional control is primary for it. [7]. To support his words V. Gergelijnyk presents such provisions: the main purpose of the body of the constitutional jurisdiction will consist in maintenance of leadership of the Constitution within all legal space of the country; the specialized body of the constitutional jurisdiction is the essence of the idea of ??control authority with all its necessary attributes; activity of the mentioned body is under inspection of only the Main law; the existence the Constitutional Court improves a principle of division of authorities in the system of obstacles and counterbalance [8] .. Kelman supplements that the constitutional control is a form of the professional state control, supreme among the specialized forms of supervising activity. It touches both the sphere of law making and applying of laws by the state bodies [9]. Such status makes high requirements of judges of the Constitutional Court of Ukraine. The constitutional Court of Ukraine will consist of eighteen judges who are appointed for the period of nine years without the right to be appointed for one more term. The jud...
