Batanova N. Constitutional delicts in Ukraine: problems of theory and practice.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U001271

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

23-03-2007

Specialized Academic Board

Д 26.236.03

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The thesis is devoted to the investigation of the theoretical and practical problems of constitutional delicts in Ukraine. The constitutional delict legal nature as a ground of constitutional and legal responsibility and independent kind of offence is researched; its definitive characteristic on essence, content and form is given. The constitutional delicts place in the system of offences is researched. The main stages of formation and development of constitutional delict theory and constitutional-delictual legislation are researched. In the thesis the peculiarities of the elements of constitutional delict composition (object, objective side, subject, subjective side) are analyzed. The constitutional delicts classification on others criterions is made. The peculiarities of the constitutional delicts in the spheres of the organization and functioning of state power, local self-government and direct democracy are researched. On the basis of the investigation of positive world experience of regulation ofconstitutional and legal responsibility grounds, the proposals on improvement of valid constitutional-delictual legislation of Ukraine are made.

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