MARTYNOVSKY D. International legal standards in the constitutional law of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U101225

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

22-04-2021

Specialized Academic Board

Д 26.062.16

National Aviation University

Essay

The dissertation is devoted to the research of the role of phenomenology of international legal standards in the constitutional law of Ukraine and their significance and influence on its formation, development and improvement, formation and development of the constitutional and legal status of man and citizen. The concept, definitive and specific characteristics of international legal standards in the contextualization of historical and legal, evolutionary and conceptual aspects of their formation, legalization and development are studied; the notion of international legal standard as norms of international law is considered; species characteristics of international legal standards are characterized. It is proved that these standards are a manifestation of the efforts of the international community to optimize and unify the phenomenology of international rulemaking and rulemaking in order to further borrow such standards by national legal systems, including systems of national constitutional law. The features of international legal standards that identify them in the framework of public international law and the constitutional law of states - through their definition of international law, which, in turn, determine the appropriate model of legal behavior; their formalization in the form of norms of the international agreement and granting of obligation for execution by all signatory states (participants) of such agreements; providing a free nature of the behavior of a particular state in the choice of means of implementing the provisions of international legal standards in the system of national constitutional law; formation of a management-normative paradigm, according to which the adoption of new international legal standards is consistent with a set of current international norms in the relevant field; determining that the content of the standards is, firstly, a compromise between the entities empowered to adopt them and, secondly, they set a minimum level of requirements for obligations to signatory states, which must be reproduced in their national legislation. It is established that international legal standards have an impact on the national legislation of the state’s parties to international treaties, harmonizing national constitutional law with international law. Their goal is primarily aimed at achieving a certain result defined in these documents, rather than creating a single legal regulation, although as a result of their dissemination and synergistic action contributes to the creation of a single global (regional) legal space. In turn, this implies the possibility of applying such a national implementation mechanism, which is the most acceptable for the national legal system. It is indicated that the urgency of the research is justified by the lack of domestic research on a comprehensive study of the category of «international standards», disclosure of their impact on the formation and development of constitutional law of Ukraine, clarifying their place in the rights, freedoms and responsibilities of man and citizen. constitutional law of Ukraine, underdevelopment of relevant legislation and lack of generalization of practice and foreign experience on these issues - although its important theoretical and practical significance for the development of national constitutional rulemaking (lawmaking), as well as rulemaking (lawmaking) in the implementation of international legal standards to national law Ukraine, is certainly important.

Files

Similar theses