THE COURTS OF JUDICIAL SYSTEM AND THE CONSTITUTIONAL COURT OF UKRAINE ROLE IN PROVIDING THE SUPREMACY OF UKRAINIAN CONSTITUTION
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 1
Abstract
The article deals with the role of the courts of judicial system and the Constitutional Court of Ukraine in the establishment of the Rule (Supremacy) of the Constitution as the basic principle of the organization and functioning the law-based state on the basis of its submission to the Constitution, the law as a whole. The practical significance of the application of the rule of direct effect the norms of the Constitution provisions is highlighted as an important means to overcome inconsistencies (including Constitution inconsistencies) and contradictions between the norms of law. The issues of the forms of participation the courts of Ukrainian judicial system and the Constitutional Court of Ukraine in providing the principle of Constitution supremacy are actualized with amendments and additions provided by the Laws of Ukraine issued on 3rd October, 2017, N 2147-VIII, issued on 13th July, 2017, No 2136-VIII, issued on 2nd June 2016, No 1401-VIII and introduction to the procedure codes of Ukraine the positions about the direct effect of Constitution norms. These problems are considered through the prism of the new edition of Part 1 of Art. 129 of the Constitution of Ukraine, according to which the judge, providing the justice, is independent and guided by the rule of law, as well as two diametrically opposed concepts Режим доступу from supporters of the concept of active judicial law-making, due to the function of constitutional control, to its skeptics. The article deals with the nature of the judicial appeal to the Supreme Court after the act of direct applying the provisions of the Constitution. Some issues of realization of a person's right to a constitutional complaint are considered as one of the grounds for the courts to review the constitutionality of the laws of Ukraine, as well as the differentiation of constitutional jurisdiction from the jurisdiction of courts of the judicial system, specializing in administrative disputes.
Authors and Affiliations
Євгенія Валеріївна Черняк
Keywords
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