Tsoklan V. The system of modern sources of the constitutional law of Ukraine: problems of the theory and practice.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0408U005797

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

17-12-2008

Specialized Academic Board

Д 26.867.01

Essay

Theoretical problems of the system of modern sources of the constitutional law of Ukraine and the prospective and priorities of its improvement in the political realities of nowadays are researched in this thesis. New theoretical methodological approaches towards defining the modern sources of the constitutional law of Ukraine are proposed and their common and special features are revealed. It is underlined that common sources of the constitutional law of Ukraine objectify and normalize political interests of the basic subjects of the national constitutional lawmaking activity in the envisaged by the Constitution and laws of Ukraine legal forms of existence of the constitutional legal regulations. The central part of the study is dedicated to the problems of the classification and systematization of the modern sources of the constitutional law of Ukraine. It is precisely concluded that the criteria of the classification are the qualified features of the sources of the appropriate field of law that helpto distinguish the sources of modern constitutional law. Such criteria as character (essence) of the will of the constitutional lawmakers, matter (the object of legal regulation), validity, form of legal existence of the source, operation in space and time, force, national belonging, established practice of the national legal system are defined.

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