ADMINISTRATIVE COURTS IN THE GUARANTEEING SYSTEM OF CONSTITUTIONAL SYSTEM OF UKRAINE

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ADMINISTRATIVE COURTS IN THE GUARANTEEING SYSTEM OF CONSTITUTIONAL SYSTEM OF UKRAINE

Journal Title: Проблеми законності - Year 2018, Vol 142, Issue 142

Abstract

The article proves the Constitutional System of Ukraine guaranteeing means sustainable legal secure and effective protection of the Constitutional values and principles integral aggregate, which are form the core of it. To such fundamental politic-legal values are belong: freedom and legal limitation of the state power, human rights and freedoms, the rule of the people, legal-state and the rule of law, separation of powers, as well as a variety of other major constitutional principles. The conclusion was made that the main constitutional value protected by the administrative tribunal is freedom of person in all of its aspects coupled with the main human rights and freedoms as its form of practical implementation. There were analyzed forms and legal arrangements of the constitutional system of Ukraine guaranteeing by the administrative courts. Proved that safe guaranteeing of the constitutional system of Ukraine by the administrative courts is performing in the first place through the judicial protection of human constitutional rights and freedoms as well as by provision of the practical operation of the authority limitation principle and democracy ruling, the legal state and the rule of law. The basis for appellation against actions or decisions of the state power authorities, local governments’ bodies, and its officers as a non-legal in the administrative court is actions or decisions made above its powers, made in unintended form or by unestablished means. Concluded that effective constitutional system guaranteeing could be made only the real independent, authoritative administrative courts system, the establishment of which is one of the main targets for the state-legal building in Ukraine.

Authors and Affiliations

Дмитро Кулешов

Keywords

the constitutional system; the constitutional values; constitutional principles; administrative courts; constitutional system of Ukraine guaranteeing by the administrative courts

EP ID EP401501
DOI 10.21564/2414-990x.142.143551
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