Sav’yak O. Legal custom in the system of the sources of constitutional law of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0408U002263

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

22-05-2008

Specialized Academic Board

Д 26.867.01

Essay

Theoretical problems of the legal custom as an important element of the system of modern constitutional law of Ukraine are researched in the thesis. New approaches towards defining the sources of constitutional law and their system are proposed. Namely, modern sources of the national constitutional law are proposed to be interpreted as the will and legitimate political interests of Ukrainian people, Ukrainian State, territorial communities and other participants of the constitutional lawmaking activity (the parliament coalition, the parliament opposition etc), incarnated in constitutional legal regulations, that have proper legal power. It is defined that different sources of constitutional law create a fielding system of constitutional law. It is ascertained that the system of modern sources of constitutional law of Ukraine is dynamically developing primary because of the little known to Ukrainian theory and practice sources of constitutional law, that demand their further investigation with the aim of more active application of them to optimize the regulation of public relations that are the subject of constitutional law of Ukraine. Namely, the constitutional legal customs are defined as such sources, but the fact of their uncertainty is stated.

Files

Similar theses