Fedorenko V. Theoretical foundations of the system of constitutional law of Ukraine.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0510U000304

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

09-04-2010

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The research is dedicated to the study of the theoretical foundations of the system of constitutional law of Ukraine, its main structural elements (rules, institutions and other tiers) and the legal relations between them. The concept of multidimensional system of constitutional law of Ukraine is substantiated. According to this concept the system is a historically formed, and stipulated by the objective factors of social development system of natural and positive law, its general and special parts, as well as substantive and procedural, national and international constitutional law. All these in their turn consist of institutions and rules of constitutional law and regulate social relations, which are the subject of constitutional law of Ukraine, and at the same time the system-building component of the national legal system. Some peculiarities of the methodology of studying the certain branch of the system of law are defined. The legal nature of the rules of constitutional law as the primary basis for multidimensional system of constitutional law of Ukraine, peculiarities of their internal structure, classification and systematization are uncovered. The nature and content of the institutions of constitutional law, their structure and system are disclosed. The characteristic of the system of the institutions of constitutional law and its structural elements - the basic institutions of this branch of law - is carried out. The issues of structuring the multidimensional system of constitutional law of Ukraine at the present stage of its development are investigated. Such ascendant components of the system of constitutional law of Ukraine as a natural and positive law are analyzed. The peculiarities of differentiation of the system of constitutional law on the general and special parts are established. Prospects of strengthening the constitutional procedural law of Ukraine are substantiated. The statement of the problem of the assignment and systematization of the norms and the institutions of the international constitutional law within the system of national constitutional law is made.

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