ts powers (mechanism) .believe that the place of special organ of the constitutional justice in the mechanism of the modern lawful state should be determined according to three positions. First, the place of such organ in the system of division of powers as this organ is allocated publicly with imperious powers of the certain functional type, and it means that, somewhere in the field of the sole, however divisioned branch of authority, it should be contained, not eventually, but as really functioning component of public authority, in its own place. Second, the place in the system of checks and balances as division of the unique mechanism of the state power, supposes mutual interlacing and balances of different branches of authority, for creation of the efficient mechanism. Third, its place in the system of the state organs, according to division of powers, that is their quantitative and qualitative characteristics, and first of all from the point of view of their uniqueness that allocate and specialize this organ among the others. The first two positions, require analysis, and in their turn make the horizontal of authority. The third one - determines the place of this organ in a vertical of authority, that is in the sense whether it is the supreme state organ, or not.investigate in our case means to determine. Definition is necessary to understand it. To understand it in order to use purposefully, thus to use effectively and optimizly.cumulative answer to the given questions on the account of the specified aspects allows to establish logical interrelation in semantic circuit of the category institute of the constitutional justice of the European model raquo ;, from the point of view of creation of the special organ of the constitutional justice:
. Why the American model has not been recognized;
. Why the European model has been created;
. What functions the organ which is created according to this model carries out and what means for this purpose are given.approach will enable to optimize conceptually searches of the valid place of the special organ of the constitutional justice in the mechanism of management of the processes happening in the modern state.problem of determination of the organ of the constitutional justice first of all is connected with the fact that it has been and is still the greatest and possible the most inconsistent quantitative and qualitative innovation into the mechanism of realization of public authority of the modern lawful state, that has considerably complicated the structure (first of all in the sense of interrelations among different institutes). However, the basic argument for the benefit of creation of the special organ of the constitutional justice is existence of the constitution in writing and the necessity to provide its supremacy, insufficiently definitely positions the judicial organ of the constitutional justice in the state mechanism as this problem is possible to be solved in other ways, and they are not determining enough both for the nature of the judicial organ of the constitutional justice, and for its place in the state mechanism.concept of the special organ of the constitutional justice is quite in the spirit of materialism and technocratic development of the western civilization. The decision of problems of presence of the constitution, its interaction with the civil society, improvement of the state mechanism, is carried out by means of mechanistic increase of the number of the organs providing functioning of the state. Its formation will remind deus ех machine .basis of the European model of the constitutional justice comprises a number of theories of H. Kelzen about necessity and role of the similar organ in the mechanism of the lawful state, the maxim built from the point of view of the theory of the pure law (by the way, not irreproachable completely), representations of the author about the ideal law and the state and institutions which serve them [1]. However, the tasks which faced that organ required the corresponding powers (substantially superpowers) which in the significant measure loosened common representations about the classical three-branch division of the powers. Thus, organizing the organ with superpowers (and subconsciously with superposition in the state mechanism), H. Kelzen worried a little concerning the theoretical institutionalization of the place of the given organ in the mechanism of realization state power. It was important provide the effect of action of the pure law raquo ;, and according to the conditions of the then European reality, and representations about the lawful state and tendencies and prospects of its development. Finally it was reflected that any country which created the similarinstitution, attached it independently to its own needs, resulted to dissimilarity of national institutes of the constitutional ju...
