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Реферат Constitutional justice is in the Ukrainian system of state rule





ge of the Constitutional Court of Ukraine can be a citizen of Ukraine who on the date of appointment is already forty years old, has hihg juridical education and experience of work of not less than ten years, lives in Ukraine during last twenty years and speaks the national language. Judges of the Constitutional Court can not belong to political parties and trade unions, to have the representation mandate, to take part in any political activity, to occupy any other paid posts, to perform other paid work, except for scientific, teaching and creative.analysis of the functions of the mentioned body will help to define the legal nature and character of activity of the Constitutional Court. Unfortunately, both the Constitution of Ukraine (articles 150, 151), and the Law on the Constitutional Court of Ukraine (article 13) outline only priority functions. In particular, powers of the Constitutional Court include decision-making in cases. They relate to:

) constitutionalities of laws and other legal acts of the Supreme Rada of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ukraine, legal acts of the Supreme Rada of Autonomous republic Crimea;

) conformity of the Constitution of Ukraine to current international contracts of Ukraine or to those international contracts which are brought in the Supreme Rada for granting the consent to their compulsion;

) observance of the constitutional procedure of investigation and consideration of a case about elimination of the President of Ukraine from the post by way of impeachment;

) official interpretation of the Constitution and laws of Ukraine.bases for acceptance by the Constitutional Court of the decision concerning illegality of legal acts completely or in separate parts is their discrepancy with the Constitution of Ukraine; infringement of procedure of their consideration established by the Constitution of Ukraine, acceptance or their coming in force; excess of the constitutional powers at their acceptance [10] .159 of the Constitution of Ukraine provides special group of powers of the Court, connected with modification of the Main law. In particular, a bill on any amendments is considered by the parliament only if there is a conclusion of the Constitutional Court concerning conformity of the bill to the requirements of articles.157 and 158 of the Constitution. Compulsion of such a consideration is confirmed by the decision of the Constitutional Court in the case № 1-26/98 from June 9, 1 998 on the constitutional handing-in by the President of Ukraine concerning official interpretation of provisions of part 2 articles 158 and 159 of the Constitution of Ukraine [11] .28 of Article 85 of the Constitution of Ukraine marks one more competence of the Constitutional Court - making a conclusion about infringement by the Supreme Rada of Autonomous Republic Crimea of ??the Constitution of Ukraine or laws of Ukraine for termination of powers of the mentioned parliament ahead of time [12]., powers of the Constitutional Court of Ukraine allow speaking about its plural nature. It simultaneously is a body of the constitutional justice and a body of the constitutional control. As the body of the constitutional justice the mentioned institute applies the Main law to the legal act which constitutionality is challenged. In addition, the Court is an independent element of a judicial branch of the authority. Like judicial bodies it has powers to solve disputes; it has to meet requirements to judicial structure (citizenship of Ukraine, juridical education, the experience of work, a principle of incompatibility) and guarantees of independence of judges; it has the same principles of activity and, even despite the peculiarities of the constitutional legal proceedings, the procedure of conducting hearing (presence of chairman and participants, responsibility of the participant for misconduct, the mechanism to present evidence, a common bases for adjournment and continuations of consideration of a case, making a new investigation, similarity of elements of the decision (conclusion) - introductory, descriptive, motivation and resolution parts). Even the name itself- the Constitutional Court - specifies the place of the considered institute in the system of the state bodies.constitutional control is carried out by the Court in the form of supervision of conformity of the legal acts, corresponding international contracts to the Constitution of Ukraine; in the form of supervision of observance of the constitutional procedures (consideration, acceptance and coming into force of legal acts, investigation and consideration of a case about elimination of the President of Ukraine from the post by way of impeachment); in the form of official interpretation of the Constitution of Ukraine and laws of Ukraine, and also in the form of supervision of conformity of bills o...


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