Bohdanevych T. Official interpretation of the Basic Law by the Constitutional Court of Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0820U100002

Applicant for

Specialization

  • 081 - Право. Право

09-12-2019

Specialized Academic Board

ДФ 26.007.003

National Academy of Internal Affairs

Essay

The dissertation is devoted to the study into the features to interpret the Constitution of Ukraine by the Constitutional Court of Ukraine and the prospects to improve this institution in Ukraine. Theoretical and methodological aspects of interpretation are highlighted, the object, structure and the purpose to interpret the Constitution of Ukraine, types and methods of interpretation the Basic Law of the State are determined, as well as the features of Constitutional proceedings in case to interpret of the Constitution of Ukraine by the Constitutional Court of Ukraine are determined, and also the peculiarities of constitutional proceedings in the interpretation of the Constitution of Ukraine by the Constitutional Court of Ukraine and the influence on this process the European Court on Human Rights Case Law. The proposals on improving the interpretation of the Constitutional Court of Ukraine are formulated. The necessity and importance of the interpretation of the Constitution of Ukraine, which is, firstly, caused by: the general and abstract nature of provisions thereof, the presence of special legal concepts, special expressions of a multi-valued nature; the imperfection of legislative technique, which requires the implementation of interpretation thereto, considering socio-political changes in the State. Interpretation of the Constitution of Ukraine opposes attempts to depart from the content of constitutional and legal norms, to oppose the letter and spirit of the Basic Law in the process of law-making and law-enforcement activity.

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