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





socialist countries - Bulgaria, Poland, Romania, Slovakia, Czech Republic, etc. They became the original scientific symbiosis of achievements of the academic science of the times of development in these countries of socialism and West-European and American political-legal thought concerning the system and structure of the law as a whole and their relations with other phenomena of the legal reality.the same time, we can speak only about the separate strengthened concepts of the system of the national constitutional law of these states. The majority of them have received the completed kind, though not general recognition, in jurisprudence of the post socialist states of Central and East Europe only in the XXI century. Thus, the mentioned concepts have not become the subject of independent monographies, but have received the introduction mainly in theoretical-methodological approaches to the system of understanding of the constitutional law as a whole. Most fully it has appeared in the structure of the corresponding branch textbooks of scientists-constitutionalists from Poland, Czech and other post socialist states of Europe [14]., The worthy is the concept of multiplane system of the constitutional law, formulated by the famous Czech scientific-constitutionalist Karel Klim. In the textbook on the constitutional law of the Czech Republic the scientist has offered the concept of division of the system of the constitutional law into general and special part with the further structurization of these subsystems of the constitutional law.particular, in opinion of Karel Klim , the general part of the constitutional law of the Czech Republic is presented by a) the general theory of the constitution and b) constitutionally-legal bases of the European Union, and the special part is presented by a) the theory of the Czech constitution ; b) material constitutional law; the remedial constitutional law, g) the conflict constitutional law [15]. Scientific value of the concept of system of the constitutional law of the Czech Republic, given in K. Klim s textbook is that the jurist has not only carried out the statement of the question about many-sided nature of this branch system, but has found out, has revealed the perspective model of development of the system of the constitutional law in the post socialist society. «revealing», instead of «construction» of the system of the constitutional law is the corner stone of modern methodology of cognition of the basic constitutionally - - legal phenomena that does not exclude the necessity of their perspective modeling. According to the famous Austria-American thinker, the Nobel prize winner Fridrich von Hayek, criticizing the widespread concept of «the constructive rationalism» of Charles Popper, the existing legal institutes have not been created on someone s plan, and it was not possible to equip the society on the scheduled basis not limiting its opportunity to apply useful knowledge [16]. That is, the statement of the question formulated in the Soviet jurisprudence about «construction», «designing» of the system of the constitutional (state) law which still exists in the modernized kind both in post Soviet, and especially in the Russian science of the constitutional law, has appeared erroneous., the system of the constitutional law of each separately taken state has mostly objective character and, finally, is determined by material and social conditions of the life of the society. The system of the constitutional law can not be created, designed, developed or constructed. It objectively exists outside of our will, but, as any objective is really existing phenomenon, the system of the constitutional law and its properties can be cognitive solely by conscious and system scientific researches.the same time, the mechanical loan of above mentioned theoretical-methodological approaches of foreign jurists concerning cognition of multivariate system of the constitutional law is not optimum by development of the domestic constitutionally-legal thought. The analyzed world outlook European post positivistic methodology, being perspective for cognition of the phenomena of the constitutionally-legal life in Ukraine, should be applied in the complex and creatively, without aspiration to recreate results to which have already come modern European scientists, in fact each national system of the constitutional law, as well as methodology of its cognition, is unique.the same time, achievement of the designated purpose will allow to come to detection of the new legal properties of the system of the constitutional law of Ukraine and its components, to find out before unknown levels and aspects of this system, to establish the existing between these elements and levels objective legal relations as well as to determine volumetric multilevel model of the system and structure of the modern national constitutional law which would become the effective theoretical-methodologi...


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