Spinchevska O. Constitutional jurisdictional process: current state and prospects for improvement

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100855

Applicant for

Specialization

  • 081 - Право. Право

24-06-2022

Specialized Academic Board

ДФ 26.007.109

National Academy of Internal Affairs

Essay

The dissertation substantiates the theory and practice of the current state and prospects for improvement of the constitutional jurisdictional process, including its doctrine and research methodology, legal regulation, concepts, features, principles, stages, subjects, problems of implementation, effectiveness as a means of protecting constitutional human and citizen’s rights and freedoms, as well as develops on this basis provisions, summaries, conclusions, recommendations and proposals aimed at its optimization, in particular by introducing a number of changes to the national legislation on the jurisdictional activities of the Constitutional Court of Ukraine. The analysis of doctrinal sources, which describe this problem, gave grounds to divide them into two groups: 1) those devoted to the activities of the Constitutional Court of Ukraine as a body of constitutional jurisdiction, containing doctrinal approaches to certain procedural aspects, mainly considering constitutional jurisdiction as a component of constitutionalism; 2) those devoted directly to the constitutional jurisdictional process, considering it as one of the types of jurisdictional process, as a component of legal or constitutional processes. It is substantiated that certain doctrinal aspects of the constitutional jurisdictional process are reflected in the practice of the Constitutional Court of Ukraine, in particular in the legal positions set out in its decisions, conclusions and rulings, as well as in some opinions of judges of the Constitutional Court of Ukraine.

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