Chornopyskyi P. Decentralization of power in Ukraine: the constitutional and legal aspect

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U003140

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

11-09-2018

Specialized Academic Board

К 64.051.31

V.N.Karazin Kharkiv National University

Essay

The object of the research is the social relations connected with the conduct of constitutional reform in Ukraine in the sphere of decentralization of power. The subject of the study is the constitutional and legal aspect of the decentralization of power in Ukraine. The scientific novelty of the obtained results consists in substantiation of new theoretical and methodological approaches of understanding and solving theoretical and practical problems concerning carrying out of the constitutional reform in Ukraine in the sphere of decentralization of power. Concrete results of the proposed research, containing scientific novelty, should be recognized as follows: for the first time: - the scientific approach has been formulated that the constitutional reform in a democratic state is aimed at improving the basic legal principles of the functioning of the state and society, the introduction into national practice of state-building by the world community (first of all European) of constitutional standards and values ​​and is a manifestation of constitutional engineering in the practice of a particular state; Improved: - definition of constitutional reform as conditioned by the needs of society and the state of political and legal phenomenon, which is a set of legal, organizational and political measures aimed at qualitative change of the current or adoption of a new basic law of the state, and on this basis, the constitutional modification of the organization of state and society and the renewal of the national legislation in accordance with the constitutional standards and values ​​developed by the world community; got further development: - a general description of the relation of the term "constitutional reform" with terms such as "constitutional modernization", "constitutional transformation", "constitutional modification", "constitutional revolution", "constitutional revision", "constitutional amendment" or "revision of the constitution", which , in general, by its nature, in essence, are contiguous concepts and generally characterize both the volume and dynamics of constitutional development, the type of constitutional changes, their radicals, the content of constitutional innovations, and the mechanism of their implementation and implementation; - proposals concerning the improvement of the Constitution of Ukraine and national legislation in the sphere of decentralization of power through the adoption of the Municipal Code of Ukraine, the Laws of Ukraine "On the Principles of the Administrative-Territorial Order of Ukraine", "On Prefects and State Representations", etc.

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