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





jective character. However, the recognition of objectivity of the system of the constitutional law of Ukraine can not be identified with fatality of its character as the formation and development of this system is influenced also by the subjective factors (sights and concepts of Ukrainian and foreign scientists and experts on the system of the constitutional law and its structure; demand of the corresponding sights and concepts in the constitutional law making and law enforcement activity, etc.) which also should be considered, revealing essence and content corresponding to the constitutionally-legal phenomenon., the full representation about the multidimensional system of the constitutional law of Ukraine can be formed by the some of knowledge of legal properties of its components and order of their interaction, legal relations. It is known, that in the Soviet state legal science in due time there was affirmed about the rigid hierarchical structure of the corresponding sphere of the Soviet law presented by the two-level elements - institutes and norms of the state (constitutional) law which in turn have own structural levels. Refusal of the one-plane positivistic methodological approach to the system of law has allowed to deny this thesis and to find out new levels (cuts) of the system of the post Soviet constitutional law. It promoted also to formation of new theoretical-methodological representations about the structure of the constitutional law of Ukraine both in its basic elements and parts.is necessary to agree with the Soviet researcher of the systems AM Averyanov who confirms that any system consists of elements, that is objects, which in the set form the corresponding system. Thus, indivisibility of the element as the primary making system is relative as each element can have own system and structure. And the norm of the right is such element in the law.element of the system, according to AM Averyanov should be distinguished from parts of the system. As a part of the system can act any independently or naturally allocated group of elements. So, in the organism as in the system there are formed cells whereas its parts can be the named finiteness, internal bodies and in general any part of an organism. Ie, inside the system there are formed and function subsystems - parts of the system [27] .corresponding law of organic systems, in our opinion, is also inherent to the structure of the constitutional law of Ukraine. So, the norm of the constitutional law is the original «section», the basic element of the system of the constitutional law whereas institutes of the constitutional law uniting in their structure norms of the constitutional law, act as the subsystem, ie ia part of the system of the constitutional law of Ukraine.greater level of autonomy as parts of the system of the constitutional law of Ukraine have such historically generated subsystems as natural and positive, general and special parts, material and remedial, national and international law , etc. Their structure, alongside with the norms of the constitutional law, comprises institutes of the corresponding field of the law which already by definition are subsystems, parts of the system of the constitutional law of Ukraine. Accordingly, the mentioned macrosubsystems, with the purpose of their relief allocation for designation of «the vertical» measurement of the system of the constitutional law [28] and avoiding of terminological mess, should be named not parts, but levels, or cuts of the system of the constitutional law of Ukraine.rather short time from 2006-2009, alongside with institutes and norms of the constitutional law [29], we have researched legal properties and other components and parts (levels, cuts) of this system - natural and positive [30], material and remedial [31], general part and special part [32], national and international constitutional law [33]. The results of these researches have allowed to reveal multiconceptive structure of the system of the constitutional law of Ukraine, presented by norms, institutes and other components of this system. In fact, the system of the constitutional law, being the element of the system of the national right, in turn is also the macrosystem and is characterized by multilevel and multivector structure which expresses the degree of its institutionality [34] .primary, genetically caused cut of the system of the constitutional law is its division into the natural and positive law. Let s remind, that formation of the first authentically known and world-wide recognized constitutions in the XVII-XVIII centuries was carried out under the influence of adherents of the theory of the natural law (G. Grotsiy, T. Gobbs, J. Milton , J. Lilbern, O. Sidnej, J. Lock, B. Spinosa, S. Pufendorf, C. Tomazy, H. Volf, JJ Russo, IP Kozelskiy, SJ Desnitsky, IA Tretjakov, AM Radishchev, OP Kunitsyn, D. Lody and others), who considered the state as the form of the public life based...


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