Barabash Y. State-and-legal conflicts at the present stage of the state building: constitutional-and-legal aspect.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0509U000531

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

01-10-2009

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The work is dedicated to the research of such constitutional phenomenon as a "state-and-legal conflict". The determination of "state-and-legal conflict" as a category of the science of constitutional law is offered and the essence of conflict approach is determined in constitutional-and-legal regulation of power relations. The general and special factors of conflicts are reflected in the power environment. Conflict potential of discretionary authority of the higher borders of power is found out, the influence of form of model of the higher organs of power on a conflict in their activity is determined. From the conflict-and-legal point of view the institute of competitive competence is investigated. The crisis between higher borders of power and mechanisms of their overcoming are analyzed. The essence of institute of parliament's dissolution is shown, classification of grounds of parliament's dissolution is effected. Conflict potential of institutes of referendum and impeachment of higher officials is discovered. The theoretical model of responsibility in the constitutional law of Ukraine is developed as a system of two constituents - parliamentary (political) responsibility and constitutionally-and-legal responsibility.

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