Yezerov A. Constitutional conflict as a phenomenon and process in Ukraine

Modern process of the state construction in Ukraine develops in conditions of the raised social intensity and, hence, - constant increase of a level of a conflictness in sphere of constitutional relations. For this reason the problem of development of mechanisms of influence on the constitutional conflicts, tools of their overcoming, ways of their prevention, ways to increase their positive influence on development of the constitutional process and reduction of their negative consequences is represented as very actual. Its decision is impossible without theoretical maintenance and system consideration of the constitutional conflicts in the Ukrainian society by forces of a constitutional law which, acting as a starting point of normative and valuable orientation of the legal system of the country, should recognize in full an inevitability of the constitutional conflicts and provide legal ways of influence on their development. For the first time within the framework of a science of Ukrainian constitutional law on the basis of the system approach complex monographic research of features and rules of the constitutional conflicts, as the phenomenon of political and legal realities of modern Ukraine, and actual theoretical and practical questions, is carried out. Thus the important scientific problem — development of the complete concept of the constitutional conflict on the basis of synthesis of all aspects of theoretical vision of the given problem in constitutional sphere is solved. It will allow in the long term branch to transform constitutional law from system of the norms fixing statuses of subjects of constitutional interaction, to an effective regulator of constitutional and legal relations, and including - relations of opposition and confrontation. It proves necessity of constitution of constitutional conflict as phenomenon of a political and legal reality and as continuous process of confrontational interaction of subjects of constitutional and legal relations. The number of positions and conclusionswas formulated at the framework of carried out research, which introduction will promote optimization of the public relations developing in constitutional sphere