Renov I. Values of the constitutional order of Ukraine and their legal regulation.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U001597

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

23-04-2018

Specialized Academic Board

Д 64.086.04

Essay

The thesis presents the classification of the values of the constitutional order, taking into account the criteria of legal tradition, the scope of the prevalence and the way of consolidating values. The author's understanding of the values of the constitutional system as the fundamental, extremely generalized principles (principles, goals, and installations), which are fixed directly in the constitutional and legal norms of the Basic Law, as well as formulated in practice by the authority of constitutional control. It is substantiated that the values of the constitutional system are embodied in the form of principles, basic principles, and such principles are specified in I, III and ХІІІ sections of the Constitution of Ukraine. The principles of the constitutional order can be identified with a system of values and principles. The principles of the constitutional order in this case can be considered a form of expression of the values of the constitutional system of Ukraine. The thesis argues the need to consolidate the values of freedom in the Constitution of Ukraine. It is proposed to replace the current wording of Part 1 of the Art. 3 of the Basic Law as follows: «Human freedom is guaranteed». The possibility of introducing national-territorial autonomy in the Crimea in the context of the threat to state sovereignty, territorial integrity and unitarism is analyzed, practical recommendations for the improvement of the text of the Constitution of Ukraine and the current legislation are expressed.

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