Bzova L. Principle of validity of decisions of the Constitutional Court of Ukraine

The dissertation is devoted to the complex research of the principle of of decisions of the Constitutional Court of Ukraine, in particular the general theoretical bases, and also features of the constitutional argumentation are opened. Particular attention is paid to substantiating the decisions of the Constitutional Court of Ukraine, as well as ensuring the validity of the decisions of the Constitutional Court of Ukraine in the context of recognizing the decisions of the European Court of Human Rights as a source of Ukrainian law. In the current conditions of development of the doctrine and practice of Ukrainian constitutionalism, which are objectified by the processes of constitutional modernization and transformation of constitutional and legal institutions, a comprehensive study of the reasonability of decisions of the Constitutional Court of Ukraine is one of the most important tasks for both legal theory and constitutional law. In the first section “Theoretical and methodological characteristics of the principle of reasonability of decisions of the Constitutional Court of Ukraine in constitutional procedural law” the theoretical approaches to the analysis of the category “reasonableness of decisions” and on the basis of the analysis of judicial practice was disclosed in the acts of the Constitutional Court of Ukraine, as well as the existing errors in the decisions related to the methodology. On the basis of the foreign doctrine of constitutional law, was disclosed the correlation of the principle of validity with other principles of constitutional justice and related legal concepts was revealed. Also, the legal nature of reasonability as a constitutional-legal phenomenon is revealed because the establishment of material relations between the concepts of the Constitution, reasoning and constitutional argumentation, in essence, means how we fulfill normative-axiological postulates that state constitutional norms, so they do not apply only to content of fundamental rights. In section 2 “Mechanism of constitutional and procedural support for the principle of validity of decisions of the Constitutional Court of Ukraine” using formal-dogmatic and empirical methods defines the concept, content and structure of the mechanism of constitutional and procedural support for the principle of validity of decisions of the Constitutional Court of Ukraine. Argumentation of decisions and conclusions of the Constitutional Court of Ukraine is a mandatory basis of the activity of the Constitutional Court of Ukraine. Herewith, legal argumentation is a rational way to persuade the subjects of legal relations through oral or written influence on them, which is carried out by making a legal and critical assessment of the statements. Analyzing scientific works and court decisions of constitutional courts, the characteristic features of motivation of court decisions as requirements of fair justice standards, as well as the role of legal positions in the mechanism of validity of decisions of the Constitutional Court of Ukraine are highlighted. The legal positions of the Court are the core of the decisions of the Constitutional Court of Ukraine, which is why this dissertation reveals their nature. They begin to form at the stage of preliminary consideration of appeals and preparation of the case for trial, when the case materials are collected and investigated. In the third section “Guarantees to ensure the principle of validity of decisions of the Constitutional Court of Ukraine” an analysis of the decisions of the European Court of Human Rights was conducted and the characteristic features of the argumentation of the decisions of these courts were highlighted. The interpretive activity of the Constitutional Court of Ukraine to ensure the principle of validity of decisions is studied, as well as legal gaps and conflicts in the system of ensuring the validity of court decisions are identified. Keywords: the principle of reasonableness; judicial argumentation; motivation; constitutional argument; The Constitutional Court of Ukraine; constitutional interpretation; European Court of Human Rights.