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





t of the system of the constitutional law, that is norms which are embodied in the main principles of the constitutional law, in separate norms of the Constitution and laws of Ukraine, and sometimes in independent statutory-legal acts. In particular, in the Supreme Rada of Ukraine there have repeatedly been registered bills about statutory-legal acts, about constitutionally-legal responsibility, about legal protection of the Constitution of Ukraine and some others.of the general part of the constitutional law of Ukraine, in our belief, find their final purposeful expression in the spirit of the Ukrainian constitutionalism, in the constitutional law as the field of the national legislation, jurisprudence and legal subject matter. That is, the general part of the constitutional law of Ukraine is represented by functional institutes of this branch of the law. Exactly these institutes provide orderliness and effectiveness of the subject institutes as of the special part of the constitutional law of Ukraine, display the purpose of the constitutional law in the national legal system.special part as the structural element of the system of the constitutional law of Ukraine unites, first of all, constitutionally-legal norms which regulate concrete public relations within the limits of the branch subject. It is the institute of bases of the constitutional order of Ukraine, institute of the rights and freedoms of a person and a citizen, institute of forms of direct democracy, institute of bodies of the government, institute of the constitutional justice, institute of local self-management, etc. The specified material institutes of the especial part of the constitutional law of Ukraine are the most investigated in the domestic constitutionally-legal science [40] as for a long time, since the Soviet times, they have remained priority, and frequently the uniform object at realization of researches of problems of the theory of the system of the constitutional law.investigated element of the especial part of the constitutional law of Ukraine till recent have remained its remedial subject institutes. Today it is possible to confirm, that there occurs formation of high-grade sub branches (subsystems) of the national constitutional law - constitutional procedural right presented by selective and referendum [41], parliamentary, legislative, municipal processes, by the process of the constitutional justice (constitutional proceedings), and, actually, by the constitutional process in its narrow value (the procedure of entry of changes to the Constitution of Ukraine or adoption of its new wording) .a number of scientists are inclined to talk about existence in Ukraine of the constitutional procedural law as the independent sphere of the national law. In particular, S.L. Lysenkov one of the first in Ukraine has determined the constitutional procedural law as the branch of the law of Ukraine, which is presented by the system of general obligatory rules of behaviour (legal norms and institutes), regulating public relations connected with process of realization of the rights and duties of participants of relations, installed by the norms of the constitutional law of Ukraine [42]. This point of view is in general supported and developed by UM Bysaga, V.V. Gomonay, V.E. Telipko, V.I. Checherskiy and by some other Ukrainian jurists [43] .the same time, it is obvious, that any process is the procedure, but not any procedure is the process. The newly created sub branch, and in prospect the branch of the procedural law, similarly to administrative, criminal, civil and economic processes, provides not only the opportunity, but the expected prospect of the appeal of the law making and law enforcement activity or the divergence of the participants of the constitutional process in the judicial order. First of all, by way of realization of the constitutional and administrative legal proceedings [44]. So, interpretation of the constitutional remedial or constitutional-procedural law of Ukraine as the system of institutes and norms of the constitutional law which regulate the certain kinds of the constitutional procedures, requires the specification. Researches of the corresponding system are carried out by such Ukrainian jurists as Kh. Prikhodko, O.V. Sovgyr, U.S. Pedko, and others. [45] of such cut of the system of the constitutional law of Ukraine as the material and remedial constitutional law in conditions of the political-legal reform started by the known events in 2004, and further under the circumstances of the scale constitutional and political, strengthened in the further by social and economic and financial-bank crises of 2007-2009, assisted the statement of the problem about collision (disputable) constitutional law, as an important component of the special part of the constitutional law. In favour of validity of such position testify the corresponding theses about, the so-called «disputable constitutiona...


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