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Реферат Constitutional justice is in the Ukrainian system of state rule





stitutional Court. Corresponding norms of civil or administrative process of requirements for the constitutional process are not satisfactory. Therefore, Ukraine needs special normative regulation of performance of decisions and conclusions of the Constitutional Court with the precise list of the authorized bodies of the government. It is necessary to determine precisely also kinds of legal responsibility and the size of sanctions for default.into account a special position of the Constitutional Court of Ukraine in the structure of the state bodies it is obliged to adhere to its own decisions too. Supervising legality of acts of the supreme institutes of public authority, the body of the constitutional justice and control is not under inspection of any state or political formation. Therefore, the principle of self-restriction is actual for it.the time being the Court is the arbitrator in many cases when delimitation of the competence between bodies of legislative and executive authority takes place. Even disputes which concerned the right for life, freedom of associations, judicial protection, legal aid, public health services and medical aid, a sufficient standard of life, suffrages, social protection, etc. were solved due to interpretation or recognition of acts of the state bodies to be unconstitutional. It is necessary to remember the contents of article 3 of the Constitution of Ukraine that the person, his life and health, honour, inviolability and safety are recognized as the best social value in Ukraine; rights and freedoms of the person and their guarantees determine the direction of activity of the state; maintenance of the rights and freedom of the person is the main duty of the state. On the date of five years anniversary of the Constitution of Ukraine (June 28, 2001) there were Almost twice competence decisions twice as many than decisions on a legal status of the person. It testifies to the priority of relations between authorities above personal. In the long term the Constitutional Court should become, first of all, an important mechanism of protection of rights and personal freedoms.should also finish the list of subjects of direct appeals to the Constitutional Court. In particular, courts of general jurisdiction should become such subjects. It is impossible to agree with the practice of appeals through the Supreme Court of Ukraine as in this case, as V. Shapoval points out, urgency of consideration is relative [34] .the mentioned lacks, the Constitutional Court of Ukraine does much for elimination of contradictions of the Main law, trying to prove that the constitutional justice can be an effective tool of improvement of the legal system, prevention of potential conflicts between different branches of authority. For five years of activity the mentioned institute has solved a number of problems causing contradicting judgments. In particular, there were accepted decisions relative to: incompatibility of a deputy mandate with other kinds of activity; reference to jurisdiction of the Constitutional Court of Ukraine of questions on constitutionality of legal acts of bodies of the Supreme Rada of Ukraine, accepted before the Constitution of Ukraine came in force; powers of Accounting Chamber; temporary performance of duties of officials; financings of courts; privatizations of the state available housing; formations of parliamentary fractions; extraordinary consideration by the Supreme Rada of Ukraine of the bills determined by the President of Ukraine as urgent; on signing external economic contracts; on the status of the People s Deputy of Ukraine; on freedom of formation of trade unions; on constitutionality of bills on making amendments in the Constitution of Ukraine, etc.of the body of the constitutional jurisdiction have influence on the law enforcement mechanism of Ukraine too. In its decisions the Constitutional Court shows high legal culture and the level of the legal argument grows. It means that the constitutional jurisdiction, despite all problems in its development, exemplifies success of the constitutional reforms.Court provides legal protection of the Constitution of Ukraine not only by means of decision of the questions related to its competence, but also by means of the fact of its existence. The opportunity to apply to the Constitutional Court on questions of constitutionality of legal acts and official interpretation of laws forces law making bodies to operate according to the Constitution of Ukraine and is an anticipatory measure against infringement of its norms that is why it assists strengthening of the constitutional legality [35]., one of the features of the Ukrainian constitutionalism is real warranting stability of the constitution by means of formation of special body of the constitutional control and the constitutional justice - the Constitutional Court of Ukraine. Specific function of the latter consists in maintenance of leadersh...


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