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





e to the uniform point of view concerning the semantic filling of the category «the system» .use of the term «the system» by different scientists and in different sciences essentially differs one from another -and not only for its values ??but and for the semantic and in and formal principles put in its essence; often in their usage they leave extremely wide understanding of changes of character of the researched objects (system objects), and sometimes the use philosophical and general scientific basis, etc. [21]. For understanding of the category «the system» in the constitutional law it is especially important to determinate its legal value.this sense the most successful, in our opinion, is the definition of the legal measurement of the category «the system», offered by NM Parkhomenko in whose opinion this category is objectively created for achievement of the legal purpose, rather proof, independent and autonomous structurally-ordered complete unity consisting of structural elements closely connected with each other in their relations [22]. At the same time, there also exist other qualifying attributes of the category «the system» in the law.our opinion, for the category «the system» in jurisprudence the most important measurements are its structure, ie internal construction, «skeleton» of the system, as well as detail-functional relations between the basic components of this structure. In due time S.S. Alekseev defined the structure of the law as «the way of communication, organization of elements of the phenomenon» [23]. Besides, the understanding of essence and contents of any system is impossible without revealing the dialectics of its genesis and establishment of deterministic relationship of cause and effect of its development. and The system of the constitutional law of Ukraine is not the exception.it has earlier been noted, occurrence and statement of the system of the law became the result of enough late historical development of the state. Primarily the law found itself in the rules of the law, but complication of the public relations settled by the legal norms and occurrence of various methods of legal influence on these public relations, has led to formation of norms in the first complex legal communities - institutes of the law, and in due course the institutes were generated in sub branches and branches of the law [24]. With scientific substantiation of the system approach to cognition of the constitutional law, the category of the system gets its modern value and contents in this sphere of the law., The system of the constitutional law of Ukraine has been revealed and cognitive as the objective unity for essence, contents and form of concrete elements of the constitutional law in structurally ordered complete unity which is allocated with independence, internal coordination, autonomy of functioning and organic relations with Environment.system of the constitutional law of Ukraine is formed under the influence of formation and development of public relations in political, economic, social and cultural (spiritual) spheres that confirms the thesis about multifactority in formation of the system of the constitutional law. This system reflexly though less reliefly than the system of the legislation, reacts to all the changes occurring in the sphere of public relations in Ukraine. The dominating factors influencing the system of the constitutional law of Ukraine are political, economic and social changes in the society which have objective character, but it is necessary to consider cultural, information, ecological and other factors.constitutional law as the sphere of the law regulating public relations in the sphere of the power, is appreciably formed under the influence of the state legal policy in the sphere of the constitutional law under which there is understood the complex of activities, realized by the bodies of legislative, executive and judicial authority in the legal sphere, strategy and tactics of activity of the state in the field of the constitutional law making, realization and protection of the law [25]. Since 2004, the state legal policy of Ukraine is indissolubly connected with the constitutional processes and the constitutionally-legal reform which was initiated with adoption of the Law of Ukraine «About entry of changes to the Constitution of Ukraine» from December 8, 2004 [26 ] .formation of the modern system of the constitutional law of Ukraine is also influenced by cultural (spiritual), information and other factors, namely: the level of legal culture of the participants of the constitutional law making and law enforcement activity; the level of development of the constitutionally-legal science and education; information of participants of legal relations about the newest methods and principles of cognition of the corresponding branch of the system, etc., the system of the constitutional law of Ukraine as the independent legal category has mostly ob...


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