THE NATURE AND PLACE OF THE CONSTITUTIONAL COURT OF UKRAINE IN THE SYSTEM OF GOVERNMENT
Journal Title: Порівняльно-аналітичне право - Year 2016, Vol 1, Issue
Abstract
The article is devoted to the clarification of the legal nature of the single body of constitutional jurisdiction and its place among the state authorities in Ukraine. Grounded practical necessity of doctrinal analysis of these issues and removing them from the category of discussion. Studied scientific approaches and legislative provisions on the determination of the legal nature and place of the Constitutional Court of Ukraine as a part of the judiciary, as well as a separate body in the state apparatus. Showing ambiguity scientific understanding of the concept of the judiciary and its role in the state mechanism. Researched disputable issue of functions performed by the judiciary, in particular understanding the concept of justice and the role of the judiciary as the Constitutional Court of Ukraine in its providing. Analyzed the relationship of single body of constitutional jurisdiction of the courts of general jurisdiction within the common understanding of the judiciary and their role in ensuring the supremacy of the Constitution of Ukraine. Indicate the features that distinguish the Constitutional Court of Ukraine of courts of general jurisdiction and common features, confirming his place among the judiciary. Studied various methods and instruments available to the judicial branch to ensure the legal protection of the Constitution of Ukraine and the decisive role of the Constitutional Court of Ukraine in this process.
Authors and Affiliations
В. Й. Данко
Keywords
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