Zvozdetska I. Constitutional-legal regulation of parliamentary procedures in Ukraine: issues of theory and practice

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U102537

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

17-04-2021

Specialized Academic Board

Д 61.051.07

Uzhhorod National University State Higher Educational Institution

Essay

The thesis provides a theoretical generalization and presents a new solution to an important scientific problem, which is to form a holistic concept of defining parliamentary procedures as the institutional basis for the formation of parliamentarism in Ukraine. Considering this, a number of scientific provisions, conclusions and suggestions have been formulated to improve the regulation of parliamentary procedures by the Constitution of Ukraine. The concepts and legal properties of parliamentary procedures have been formulated. It is noted that parliamentary procedures are a normatively defined type of state process, organizational form of expression of popular sovereignty and an instrument of political and legal restriction of possible arbitrariness of parliament as a representative body, expressed in gradual actions of authorized competent entities, aimed at performing the functions of parliament to constitutionalise the foundations of the constitutional order, provided mainly by state coercion. It has been emphasized that parliamentary procedures are endowed with the following legal features: the type of state process and, consequently, legal relations; organizational form of expression of popular sovereignty and an instrument of political-legal restriction of possible arbitrariness of the parliament as a representative body (social character); normative certainty (clear documentary form of regulation); gradual implementation of actions, usually regulated by procedural law; focus on fulfilling the constitutionally defined powers of the parliament and achieving a clearly regulated result; political nature and dynamism of the object of legal influence; authorized competent subject of implementation; implementation is ensured mainly by the force and opportunities of state coercion. They reflect the balance of power of public authorities, the purpose of which is to constitutionalise the foundations of the constitutional order.

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