GUARANTEES OF THE CONSTITUTIONAL ORDER OF UKRAINE AS A SUBJECT OF RESEARCH: IMPLEMENTATION OF THE SYSTEM APPROACH
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 4, Issue
Abstract
The article substantiates the model of the system of guaranteeing the constitutional order of Ukraine and its foundations as an integral set of interrelated and mutually related components, which are: the purpose (system-forming component), object, subjects of guarantee, direct guarantees (normative-legal) and the result of functioning the system. The functional purpose of this system is described, which is to create the conditions necessary and sufficient for the proper realization of the foundations, ensuring stability and inviolability, protection of the constitutional order. The purpose of functioning of this system is to ensure the inviolability and stability of the constitutional order of Ukraine, as well as to promote its progressive development, adequate dynamics of social and state relations. The object of this system (the object of guarantee) is the constitutional order of Ukraine as a set of social relations, provided and guaranteed by the Constitution and laws adopted on its basis and in accordance with it, as well as its general principles. The subjects of this system are all the main subjects of constitutional-legal relations and other elements of these relations. Normative-legal guarantees as an integral part of the system of guaranteeing the constitutional order are represented by a certain system of legislation, which has a clear hierarchical structure, in which the Constitution occupies the highest place. Within the framework of a systematic study of the guarantee of the constitutional order of Ukraine, it should be emphasized that all of the above components of this system are interconnected and interdependent. They are not simply added to each other, but integrated, resulting in the desired result of the system’s operation. Hierarchically higher component in this system (as in any other) is the goal. It plays a system-forming role, orienting the system to its functions. To achieve the goal is selected an adequate set of tools, methods, forms of activities to ensure the stability of the constitutional order. The purpose is determined by the result of the system’s operation, and the degree of achievement of the goal indicates the effectiveness of the system. The state of social and public life in this model appears as the external environment of a system that affects it positively or negatively by the mediation of objective and subjective factors.
Authors and Affiliations
Л. Т. , Рябовол
Keywords
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