INTERPRETATION OF THE RULES OF LAW BY THE CONSTITUTIONAL COURT OF UKRAINE IN THE CONTEXT OF EXPERIENCE OF OTHER LEGAL SYSTEMS
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue
Abstract
The article is devoted to the problem of interpretation of the norms of law in the Ukrainian legal system. For the contemporary Ukrainian legal system, the question of the interpretation of the rules of law has particular importance, taking into account that the Ukrainian law has an extremely dynamic and transformational character. This is due to historical factors (the relatively young age of an independent Ukrainian legal system, the great influence of the socialist concept of law), and political instability, conjunctiousness in the activities of higher authorities. The interpretation of law can contribute to the stable functioning of legal norms and the legal system as a whole. Particular attention is paid to determination the role of the Constitutional Court of Ukraine in this process. The characteristic of the specific features of interpretation activity of this body is given. Its role for Ukrainian legal system in general is emphasized. The position of the Court regarding the application of the European Court of Human Rights practice is analyzed. It is shown that Constitutional Court of Ukraine uses such court decision on systematic basis. The experience of interpretation of law by bodies of constitutional jurisdiction in other legal systems is described. Due to comparative analysis it is obvious that conceptual foundations and ways of interpreting law in Ukraine are similar to those that are used in civil law legal systems.
Authors and Affiliations
Ю. В Чистякова
Keywords
Related Articles
- EP ID EP480176
- DOI -
- Views 81
- Downloads 0
STATE AID FOR RESEARCH, DEVELOPMENT AND INNOVATION AS A TOOL OF PUBLIC POLICY ON RECONSTRUCTION OF ECONOMY
The article highlights the economic and legal characteristics of state aid for research, technological development and innovation in the context of European integration processes. It is observed that the purpose of contr...
PROBLEMS OF LEGAL REGULATION OF THE RIGHT OF PROPERTY BY OWNERS OF RESIDENTIALAND NON-RESIDENTIAL PREMISES OF APARTMENT BUILDINGS IN THE CONTEXT OF MODERN HOUSING REFORM: NORMATIVE LEGALANALISYS
The peculiarities of legal regulation of the right of property by owners of residential and non-residential premises of apartment buildings in the context of modern housing reform and decentralization of power in Ukraine...
OF INCREASED CRIME FROM USING RECYCLED GAS AND FIREARMS HOMEPAGE
The basic question of the need to study the most common new models of firearms, processed and starting gas pistols and revolvers of types and methods of processing and the need to identify the facts processed during the...
TEMPORAL REMOVAL OF JUDGE FROM REALIZATION OF JUSTICE IN CONNECTION WITH BRINGING IN TO CRIMINAL RESPONSIBILITY
An author examines some problem questions of removal from realization of justice in connection with bringing in to criminal responsibility. Grounded, that the dismissal of judge on a current criminal judicial legislation...
GUARANTEES OF THE CONSTITUTIONAL ORDER OF UKRAINE AS A SUBJECT OF RESEARCH: IMPLEMENTATION OF THE SYSTEM APPROACH
The article substantiates the model of the system of guaranteeing the constitutional order of Ukraine and its foundations as an integral set of interrelated and mutually related components, which are: the purpose (system...