Bernazyuk I. Constitutional basis of legislating of President of Ukraine: theory and practice.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0514U000257

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

25-04-2014

Specialized Academic Board

Д 26.001.04

Taras Shevchenko National University of Kyiv

Essay

In this dissertation author substantiated the theory of complex of constitutional foundations of lawmaking by President of Ukraine and made proposals to improve the provisions of the Constitution of Ukraine, which are associated with the law-making activities of head of state and other public authorities. The main purpose of this study is develop using modern methodology of constitutional and legal research gist of legislating in constitutional law, determine the characteristics of the constitutional foundations of lawmaking by President of Ukraine, theoretical and methodological grounds and historical and legal and procedural aspects of the activity, as well as carrying out systematization acts of the head of state. Furthermore, the author described the essence of legislating and rule-making, as well as act, which is a result of these activities, he substantiated the feature of research methodology problems constitutional foundations lawmaking President of Ukraine in modern conditions. The important research achievements include the identification of characteristics and specificity of legislating activity of the President of Ukraine in the context of his constitutional status, functions and powers, author defined of the constitutional foundations of legislating of the head of state, their practical orientation and types of relevant egislatingpowers. The text of the dissertation contains the existing theoretical and practical approaches to the use of the President of Ukraine of own direct legislating powers, author made proposals to improve their application, investigated the genesis of the constitutional foundations of legislating President of Ukraine and found major trends appropriate development. Considerable attention is also directed to the elucidation of features of process of adoption of an act and the implementation of the act of the President of Ukraine as two separate components of his legislative activity, revealing the influence of the principles of law-making on the head of state, as well as the rationale for the system the subjects legislative the providing President of Ukraine and ways to improve it.

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