Gultaі M. Institute of constitutional complaint: world experience and prospects of introduction in Ukraine.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0514U000328

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

15-05-2014

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The doctoral thesis is devoted to the development of integral concept of constitutional complaint in the conditions of modern constitutionalism and determination of prospects of its introduction in Ukraine. On the ground of newest methodological approaches the place of constitutional complaint in the mechanism of individual access to constitutional justice is determined. The models of constitutional complaint, its basic features as well as the particularities of full and normative constitutional complaint are exposed. The new judicial construction of "the legal mechanism of functioning of constitutional complaint" and its basic elements are developed. The European doctrine of constitutional complaint and the progress of idea of constitutional complaint in the legal doctrine of Ukraine are described. Different aspects of legal nature of constitutional complaint and its functional characteristics are grounded by the author. The role of the institute of constitutional complaint in human rights protection and implementation of European standards of human rights, realization of functions of democracy, strengthening of the rule of law, solution of constitutional disputes are indicated. The mechanism of functioning of constitutional complaint in the countries which represent the different regions of world are described. Singularities of direct and indirect individual access to constitutional justice in Ukraine are determined. The optimal model of constitutional complaint for Ukraine is offered, its advantages, elements of legal mechanism of its functioning, and also suggestions regarding its legal regulation are proposed.

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