Gilburt A. Constitutional-Legal Grounds of Political System of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U100131

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

18-12-2019

Specialized Academic Board

К 64.051.31

V.N. Karazin Kharkiv National University

Essay

The object of the study is social relations related to the constitutional and legal regulation of the political system of Ukraine. The subject of the study is the constitutional and legal foundations of Ukraine's political system. For the first time: - the evolution of constitutional and legal regulation of political relations was traced; the content and features of each stage of this evolution are revealed, their correlation with the four historical "generations" of constitutions in content and chronological boundaries is substantiated; - the "political dimension" of the modern constitution is revealed; its elements include: political foundations of the constitutional order; the constitutional and legal status of citizens and their communities in the political system; constitutional form of the state; constitutional form of local self-government; the constitutional form of civil society; - scientific views on the interaction of political and legal systems of society have been improved; the conclusion about the leading role of constitutional law in such interaction is substantiated - the doctrine of constitutional and legal foundations of the political system; The opinion that a concentrated expression of these principles is a constitutional formula of the state, which reflects its basic political and legal characteristics, - scientific views on the system of constitutional and legal principles of the political system of Ukraine are substantiated; proposes to supplement it with the principles of secularity (separation from the church) and the dynamism (progressive changeability) of the political system, as well as the role autonomy of its subjects; further developed: - theoretical provisions on the relationship and interaction between the political and legal systems of society; three main aspects of such interaction were identified; it is substantiated that elements of the legal system (in particular, legal norms and values ​​reflected in them) can serve the purpose of political activity, be realized through political activity, or determine the order and limits of political activity; - the doctrine of fundamental political and legal relations as a subject of constitutional law; it is substantiated that the tendency to expand the subject of constitutional and legal regulation is caused by the broadening of the spectrum of state policy, the increase of those issues of public life, for which constitutional significance is recognized.

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