System and structure of the constitutional law of Ukraine: theoretic and methodological aspects
Development of the Ukrainian jurisprudence of the post Soviet period (1991-2009), in difference from ambiguous law enforcement and law making activity of participants of political and legal processes at the same time, was marked by serious theoretical-methodological works. First of all, we speak about successes of research by domestic scientists of fundamental problems of constitutionalism and general theory of the constitutional law. In particular, by present time the Ukrainian scientists-jurists have generated interesting concepts, concerning constitutionalism and ways of its further development; the subject, method and principles of the constitutional law; functions of the constitutional law of Ukraine; sources of the corresponding branch of the law and their system; constitutionally-legal relations and the legal responsibility of their participants; functions and principles of organization of the Ukrainian state; parliamentarism, etc.of the concepts offered at present by the Ukrainian jurists are worthy, first of all, by virtue of the novelty, overcoming of stereotypes of legal positivism of the Soviet period and, undoubtly, will be useful not only for the Ukrainian, but also for the whole post Soviet constitutionally-legal science. Besides, traditions of fundamental legal researches, in our opinion, cause weightiness of the specified concepts, for maintenance of the all-European constitutional processes.the same time, it is necessary to recognize, that Ukrainian constitutionally-legal science does not have universal and absolute decisions for all traditional and new problems of the legal reality. The science of the constitutional law in Ukraine is, first of all, the dynamic, quickly developing branch of jurisprudence. The source of its permanent movement is, first of all, the open discussion concerning the problem questions arising in process of improvement of the domestic constitutionalism.the designated tendencies of development of the constitutionally-legal science in Ukraine, they would like to pay attention to the problem of formation of the concept of multilevel system of the national constitutional law at the present stage, and also to open its essence and contents. Thus, it is necessary to note the importance of the corresponding concept not only for jurisprudence, but also for the constitutional law making and law enforcement activity. In fact the understanding of internal architectonics of the system of the constitutional law of Ukraine gives the key to understanding and ordering of many phenomena and categories of constitutionally-legal validity.is well-known, that at the beginning of XXI century the Ukrainian jurists have structurally rethought positions of the Soviet jurisprudence about the system of the constitutional law and have offered competitive definitions of this category. For example, definition of essence and contents of the system of the constitutional law offered in due time by JN Todyka is more advantageous [1], than the similar positions proved by Russian scientists-constitutionalists EI Kozlova and O.E. Kutafin [2]. However, the mentioned definitions continued to remain mostly modernizations, sometimes only stylistic, of the positions of the Soviet state legal science.the same time, at present, in the XXI century the Ukrainian scientists-constitutionalists continue to adhere mostly positivistic and neo-positivistic to methodology at determination of the category «the system of the constitutional law». In particular, in a number of modern textbooks and manuals on the constitutional law of Ukraine the system in this field of the law is determined as «its internal construction which is characterized by unity and interaction of elements of this system to which belong the constitutionally-legal norms and constitutionally-legal institutes »[3]. Other Ukrainian jurists adhere the same point of view [4] .of researches of theoretical bases of the multidimensional system of the constitutional law in Ukraine has been begun by us also from generalization of existing by that time definitions of the corresponding legal category [5] and researches of problems of influence of division of the law into private and public in the system of modern constitutional law [6]. The basic result of the specified scientific development by 2000-2002 has become the modernized definition of the concept of the system of the constitutional law of Ukraine and the hypothesis about revealing in it of such primary components of the elements of the law as private and public law.results of scientific researches can also be referred to modernizations of the strengthened sights on the category «system of the constitutional ...
