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
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