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Реферат System and structure of the constitutional law of Ukraine: theoretic and methodological aspects





ional law »[52]. The specified position has been carried by us to the basic, but during its approbation and further scientific discussions with jurists, in particular, with O. V/Sovgyr, its discrepancy became obvious.of the corresponding thesis is that conflict relations, and accordingly norms of the law which regulate them, are inherent both for the material, and for the remedial constitutional law. In turn, if to recognize that the legal collision is the certain deviation from the typical, appropriate law than the category of the pair category «law of conflict» can be «the typical law». Accordingly, it is possible to confirm that multidimensional system of the constitutional law of Ukraine, except for other cuts and levels, presented by the constitutional typical and constitutional law of conflict.important cut of the system of the constitutional law of Ukraine, certainly, is the national and international constitutional law. The constitutional experience of the states-participants of EU testifies, that the national constitutional law is the open system which develops and cooperates with the international legal system. In this sense it is possible to agree with L.A. Luts, that the specified favours to reduction of backlog of some national legal systems from the modern properties and requirements of the legal development of the human civilization [53]., According to modern Greek jurist E. Venizelos, modern participation of the states in integration processes at the international level and gradual «internationalization» of constitutions create the new constitutional theory and ideology which in most cases determines value the maintenance and functioning of the constitution on the threshold of XXI century [54]. This modern constitutional theory and ideology finds its objective expression in structure of the general part of the national constitutional law of the countries-participants of EU - exactly the general part of the constitutional law of the majority of the countries of the European Union includes, alongside with institutes and norms of the general theory of the national constitutional law, the institutes and norms of the constitutional law of EU.example, «Europeanization of national constitutions» [55] favoured to that that in the majority of constitutions of the states-participants of EU institutes and norms of the constitutional law of the European Union have become the important component of the general part of the constitutional law of these countries and have found their statutory reflection in the corresponding sections of their constitutions fixing institutes of the constitutionally-legal status of the person and the citizen in EU, general bases of the organization and activity of bodies of EU, legal protection of the constitutional acts of EU, etc.is necessary to make the conclusion, that in conditions of globalization modernization and improvement of the system of the constitutional law of Ukraine will be realized by improvement of its international component - norms and institutes of the international (European) constitutional law. Under the condition of the final statement of «the constitutional law of EU», in particular, after the decision of destiny of Lisboan agreements of 2008, and constructive audit of activity of Ukraine concerning cooperation with the European Union, it is simple to predict expansion of the sphere of legal regulation of the international component of the system of the constitutional law of Ukraine [56]. First of all, we speak about the new institutes and norms of the constitutional law of Ukraine which determine the general principles and order of interaction of the national constitutional law with the newly created constitutional law of EU.to existence of the analyzed cuts (levels) of the system of the constitutional law of Ukraine, the basic system components of this branch system there are institutes and norms of the national constitutional law. The institute of the constitutional law should be the basic component of the system of the constitutional law of Ukraine which unites objectively generated, complete and rather isolated group of functionally mutually conditioned and structurally interconnected norms of the constitutional law which regulate particularly certain sides (segments) of public relations that is the subject of the constitutional law [57] though in +2007 there were offered other concepts of institutes of the constitutional law and their systems [58] .norm of the constitutional law of Ukraine is formally certain, installed or authorized by people of Ukraine or by the state or by the subjects of local self-management the rule of strong-willed behaviour or activity of the subjects of the constitutional law, or the condition of stay of these subjects in the certain condition or the status (mode ), irrespective of their will [59]. We suppose, that institutes and norms of the constitutional law as traditional components of the nat...


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