Riznyk S. Constitutionality of legal acts: essence, evaluation methodology and providing system in Ukraine.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U100319

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

26-03-2021

Specialized Academic Board

Д 26.236.03

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The dissertation is devoted to the topic of constitutionality of legal acts, clarification of its essence, evaluation methodology, as well as substantive characteristics of the system of legal support of the supremacy of the Constitution of Ukraine. Special attention is paid to the main methods of normative interpretation and criteria of constitutionality of normative acts, peculiarities of adoption and argumentation of decisions of the Constitutional Court of Ukraine and other subjects of constitutional control. It is proposed variants of solving a number of topical problems of the doctrine and practice of constitutional justice in Ukraine in order to help more effectively guarantee the constitutionality of legal acts, and thus fulfill the main duty of the state – establishing and ensuring human rights and freedoms. Special attention of the dissertation payed to theoretical and methodological approaches of understanding the phenomenon of constitutionality of legal acts, which is possible only in combination with the simultaneous clarification of the genesis (origin and further development) of the very idea of constitutional control. It was made a critical assessment of the previous period of Ukrainian constitutional history and it was made an attempt to set the main tasks for the reform of constitutional justice in Ukraine in the medium and long term. It was analyzed the system of ensuring the constitutionality of normative acts, the only center, but not the only element of which is the Constitutional Court of Ukraine. In particular, the activity of evaluation legal acts for their compliance with the Constitution of Ukraine by courts of general jurisdiction, which faced new legislative realities without being fully prepared for the proper application of the Constitution of Ukraine as an act of direct action. The focus was on the process (methodology, algorithm) of determining (evaluation) the constitutionality of legal acts. It is characterized the main methods of normative interpretation, criteria of constitutionality of legal acts, special attention is paid to the principles of legal certainty, justice, equality and proportionality, doctrines of friendly attitude to international law", "political issue" and so on. It is analyzed peculiarities of determining the constitutionality of certain types of legal acts (their drafts), in particular the procedure for assessing the constitutionality of draft laws and laws on amendments to the Constitution of Ukraine, international treaties, bylaws. It was made an analytical description of the problems of argumentation and legal consequences of the decisions of the Constitutional Court of Ukraine, as well as the change of legal positions and other related issues. Particular attention is paid to the institution of a dissenting opinion of a judge of the Constitutional Court.

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