by people voluntarily on the basis of the mutual consent by conclusion of the contract [35]. The optimum model of such public contract also became the first constitutions of the times of bourgeois revolutions in Western Europe and wars for independence in North America. They positively ordered natural rights of a person and a citizen and the most important the natural right of the people to supremacy of sovereignty in the state, sometimes called by philosophers «the divine right of people» .original Renaissance of ideas and ideals of the natural right took place during later periods of genesis of the global constitutionalism. For example, modern Ukrainian researcher D.E. Prokopov notes that in days of the so-called «New time» the concepts of the natural right became the subject of such recognized experts in the field of the law as P. Yurkevich, E. Trubetskiy, V. Soloviev, F. Taranovskiy, O. Gradovskiy, B. Kistyakovskiy, G. Kovalevskiy, and others [36]. In the Soviet time the state law of the former USSR developed without taking into account of the opportunity of its allocation as the private legal component.of parity of the natural and positive law still preserve the urgency in jurisprudence. In particular, in opinion of P.M. Rabinovich, the natural right (first of all, natural, general social human rights), on the one hand, and legistic right (according to the other definition - state-strong-willed, or objectively-legal, or «positive», or specially-social), - from another, are often identified in the Ukrainian language, as well as in other Slavic languages, are designated in the word «right» [37]. Besides, the newest constitutions including the working Constitution of Ukraine, on the one hand, have incorporated the best historically generated ideals of the natural and positive law, and on the other hand - are developed in the sphere of classical dichotomy of the private and positive law first of all by virtue of the existing tradition.particular, in the modern constitutional law of Ukraine it is very difficult to allocate institutes of the natural right which would not receive the positive fixing. Thus, speaking about the natural and positive law as about the compound systems of the national constitutional law, we traditionally allocate positively fixed institutes of the natural right connected with people's sovereignty, the rights and freedoms of the person, local self-management, etc. and refer to institutes of the positive constitutional law those of them which are directly connected with the organization and activity of the state and duties of citizens [38]. Undoubtedly, such approach is not universal, but has the right to existence.system forming elements of the system of the constitutional law of Ukraine is also the general and special parts of this branch of the national right which unite in the structure other subsystems - the national and international, material and remedial, natural and positive constitutional law. They, in turn, are represented by the corresponding institutes and norms of the constitutional law [39] .the Ukrainian jurists there is widespread idea, that the general part of the constitutional law of Ukraine is objectified (fixed) mainly in Section I «General bases »of the Constitution of Ukraine. However, such position of scientists is inconsistent, that is proved by the statutory position of the Decision of the Constitutional Court of Ukraine in case about realization of authority by people No. 6-рп from October 5, 2005 which statutory-legal contents is reduced to Sections I, III, XIII of the Constitution of Ukraine that fix the general bases of the constitutional order. That is, Section I of the Constitution of Ukraine objectivizes first of all such important subjective institute of the special part of the constitutional law as the institute of the constitutional order of Ukraine.our opinion, the general part of the constitutional law of Ukraine is embodied in the whole national constitutional legislation - in the Constitution of Ukraine, laws and sub lawful statutory-legal acts and is presented by institutes of the subject and the method of the constitutional law, principles of the constitutional law, system of the constitutional law (in its narrow understanding), sources of the constitutional law, functions of the constitutional law, constitutionally-legal relations, constitutionally-legal responsibility, etc. Sometimes these institutes have no «mirror» display in norms of the constitutional legislation that creates erroneous representations about «not normative» filling of such institutes, about their abstract character, stay in the academic plane., The sum of knowledge of the general part of the constitutional law is based on the complex analysis of the current and historical sources of the constitutional law of Ukraine. By essence and the contents of this knowledge is the original laws and rules of the optimum existence, development and improvemen...
