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





ional system of the constitutional law «penetrate» all different cuts (levels) of the system of the constitutional law, make the statutory structure of these cuts (levels) and express their legal contents., having carried out the stage-by-stage analysis of the historic development of the conceptual theoretic-methodological approaches concerning the concept of the system of the constitutional law, and having revealed and having investigated the basic cuts (levels) and other components of this system, it is necessary to pay attention to the following principle positions which in general determine the essence and the contents of the subject of this research: 1) the system of the constitutional law of Ukraine is historically generated and settled, mostly under the influence of objective factors of political, social and economic, cultural, information character, the phenomenon of national legal life connected with development of constitutionalism and development of public relations, being the subject of the constitutionally-legal regulation; 2) the system of the constitutional law of Ukraine is important, and in essence the determining component of the national legal system as it carries out the system influence on its other elements - legal ideology, system of the law of Ukraine in general, system of the national legislation, system of law making and law enforcement activity, system of the legal science and education, etc. [60]; 3) for the system of the constitutional law of Ukraine the harmonious combination of dynamic and static (constant) characteristics is inherent - being in the process of the constant development and improvement this system keeps the stability and completeness at each stage of the development; 4) the internal ideologically-legal (creative), genetic-legal and detail-functional unity is inherent to the system of the constitutional law of Ukraine. In essence, this system is the set of constant interincorporated legal connections between its basic making elements; 5) for the system of the constitutional law of Ukraine it is peculiar not only the internal unity, but differentiation of its making cuts (levels) and elements having their logic expression in the complex and versatile structure of this field of the law; 6) the basic structural cuts (levels) and elements of the constitutional law - natural and positive, general and special parts, material and remedial, typical and conflict, national and international constitutional law which in turn consist of institutes and norms of the constitutional law- are among themselves in precisely ordered and stage by stage generated complex legal connections. In this sense, the sequence of the offered cuts of the system of the constitutional law is qualifying as it specifies the sequence of their historical formation; 7) the system of the constitutional law of Ukraine is closely interconnected by dialectic connections with other system phenomena and categories of the constitutional law - the system of the constitutional legal relations [61], the system of sources of the constitutional law [62] and its rod component - the system of the constitutional legislation, the system of the Constitution of Ukraine [63], the system of subjects of the constitutional law making and law enforcement constitutional activity, the system of the constitutionally-legal science and education.from specified , the system of the constitutional law of Ukraine is historically generated and caused by objective factors of social development system of natural and positive, general and special part, material and remedial, typical and conflict, national and international (European) constitutional law which, in turn consist of institutes and norms of the constitutional law, and regulate political, economic, social, cultural (spiritual), ecological and other major public relations that is the subject of the constitutional law of Ukraine and act as system component of the national legal system.revealed essence, contents and properties of the system of the modern constitutional law of Ukraine allow not only to ascertain multidimensionality of this complex legal category, but form representation about the complete model of the investigated system, allow to predict its further development and to warn subjective factors which can lead to dynamic chaos and bifurcation of this system.offered concept of the multiplane system of the constitutional law of Ukraine sets as the purpose not only settlement of theoretical, but also settlement of practical tasks of the constitutional law making. In particular, we mean the improvement of the system of the working constitutional legislation of Ukraine and the system of sources of the constitutional law in general, as well as optimization of the constitutional law making and law enforcement activity in up-date political and legal realities.the same time, it is obvious that the offered definition of the category «the system of the constitut...


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