ivities of the constitutional courts of Byelorussia and Russia have promoted structural and imperious crises, and in Russia it has resulted in the armed opposition. Usually it is not the constitutional court that can become the reason of such situation. More likely is with which such organ can be adapted, its perfection, to a curvature of essence of the lawful state, thus defenselessness and feebleness of it, under the tyranny, impunity of ignoring of the Supreme keeper of values ??of the supreme order, retraction and application of its superpowers for achievement of narrow-political purposes. Actually till nowadays the special organ of the constitutional justice, is substantially the extraneous subject in the state mechanism which is easy for use for maintenance of dictatorial functions, especially under conditions of action of the imperfect constitution. For Ukraine the urgency gets quite another aspect of the problem, namely, whether it is always necessary to provide supremacy of the constitution, whether under any conditions. From the formal point of view, that is from the position of following the corresponding constitutional principle - certainly, however from the point of view of common sense not always, but only when the current document meets the principles of organic constitutionalism, is structurally and conceptually perfect without essential internal contradictions. In any other case the contradiction can go deep, and the constitutional space, is influenced with negative stagnations. And if the work of the organ of the constitutional justice promoted the positive transformation (changes) of the fundamental law, as it is, for example, in the USA, however in our country it is the work of the legislator. And it is the signal of the status of this organ that it has not got structurally conceptual perfection and definiteness, and its valid place in the mechanism of the lawful state requires additional research. Search of new ways of optimization of the state mechanism and the place of special organ of the constitutional justice in this mechanism are necessary.of the special organ of the constitutional justice in the state mechanism is impossible without complex cumulative analysis of the three fundamental bases which determine its status: nature - functions - powers.nature of the special organ of the constitutional justice and the place which is the consequence of this nature, should take into account such moments from which such consequences should come up:
. This organ consolidates the consent of two branches of power: executive and legislative (at any form of the state system, and they are compelled to cooperate closely, proceeding from their functional characteristics, necessity of transfusion of the powers, etc.) , to realization between them of the arbitration function, and if it is necessary, for the prevention of possible crisis situations in activity of the state mechanism. The arbitration function is the specific attribute of any court and consequently determines the judicial component of the nature of special organ of the constitutional justice. The consequence of this statement is that fact, that formation of this organ should be carried out on the basis of conciliation procedures and, first of all, or only between these branches of the power, in case if we install this organ in the state mechanism , on the basis of classical representations about division of the powers. Thus, we prevent the possible oppositions inside this organ, providing its integrity, qualitative and effective work.
. It, certainly, is directed against and for restriction of the public authority, to protection of the constitution (the purpose of the organic constitution is differentiation of the state and civil society with priority protection of the later against the first). Besides, only it shall make the judgments what is the constitution, and its norms. As the consequence, the ideal structure of this organ, whenever possible, should be mostly removed from moods and passions of the authorities to meet absolutely the formula sine ire et studio raquo ;. In addition the negative level of politization should decrease. Thus impartiality and high quality of the work can be provided with attraction of highly skilled experts having the best competence in the field of the law, mainly scientists and representatives of the judicial branch of the power, probably in their certain parity. The modern stage of functioning of such organs determined the obvious contradiction between the ways of formation of this organ, its functions and maximal independence.first position precisely specifies that effective search of the place for the special organ of the constitutional justice, should be based on the analysis of the system of checks and balances in general, from the point of view of the theory, and experience of the separate countries. The purpose fo...
