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





law». However, they could not be considered in another way, as their results were caused by positivistic and neo positivistic methodology which actually remained uncontested in the Ukrainian jurisprudence by the beginning of XXI century. But, already from the beginning of this century, the Ukrainian jurists have ceased to be satisfied with the out-of-date methodology of research for cognition of the legal nature of the modern phenomena of the constitutional life, including the system of the constitutional law of Ukraine.thorough updating of theoretical and methodological approaches to cognition of both traditional, and the newest problems of the theory and practice of the Ukrainian constitutionalism and constitutional law making and law enforcement activity has become the objective need of the present time. So, determining for the system of the constitutional law of Ukraine and theoretical representations about it have become the processes of globalization which have found the most relief and consecutive display in Euro integration tendencies of development of the legal life in our state [7]., if the national system of the constitutional law at the end of the XX century - at the beginning of XXI century began to be enriched with the new institutes (institute of ombudsman, institute of the constitutional justice, institute of the parliamentary control, institute of the parliamentary coalition, institute of lobbying, and etc.) and with other components (the constitutional procedural law, constitutional collision l law, etc.), the formation of new theoretical and methodological approaches to revealing of essence and contents, as well as new legal properties of this system occurred much more difficult and longer. Nowadays there exists a number of theoretical and methodological paradigms of the system of the constitutional law [8], but the basic paradigm is in the fact that exactly this system has never been the subject of fundamental monographic researches not only in Ukraine, but in other states of the world. Even in the former USSR where the problematics of the system of the law was «cult» for the Soviet jurists [9], there were no independent editions, devoted to the questions of the system of the Soviet state law.European and American constitutionally-legal science did not give excessive attention to the problems of researches of the given branch system. As a rule, among the components of the system of the constitutional law of the mentioned countries there are named the norms and principles of the constitutional law whereas the category «institute of the constitutional law», widespread enough in the Ukrainian and Russian jurisprudence [10 ], still remains very little applied in West-European and American legal science., it would be erroneous to consider that the West-European jurisprudence remains at present indifferent to problems of the system in the law. So, according R. Tsippelius at [present in a number of Roman-German states of Western Europe there have generated at least two legal schools which formed the strengthened position of their representatives concerning the statutory system of the law. We speak about school of jurisprudence of concept (Begriffsjurisprudenz) whose representatives consider the law as the closed, final system of norms, and the school of independent law (Freirechtslehre) which is based on the theoretical postulate which demands from the judge the search of validity in each special case on the basis of free law enforcement [11] .is impossible to ignore and generated after World War II in France and widespread in the course of time in a number of the states of Roman-German legal system the political school of the constitutional law which methodology provides revealing of the basic political institutes of the society and the state and their system studying. One of the brightest and at the same time accessible, by virtue of translation of the work into the Russian language, examples of application of the political-institutional approach concerning research of constitutionally-legal phenomena, is the edition of Professor of Strasbourg University Zh.-P. Jacque «the constitutional law and political institutes«, that refers to the series of «Mementos» («the course», «manual») [12]. In this course which on the border of centuries has sustained the fourth edition, Zh.-P. Jacque has formulated his own vision of the system of the constitutional law of France presented by the basic political institutes, being in their close interaction. The similar theoretic and methodological approaches have been spread in the post Soviet states, in particular in the Russian Federation [13] .above mentioned the political-institutional methodological approach, contrary to its appeal, can not change by itself the research of the system of the constitutional law in its objective measurement. In this sense there are worthy the newest concepts of the systems of the national law of the post...


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