Novels Of Constitutional Production: Theoretical Aspect

Abstract

The article is devoted to the problem of short stories in constitutional proceedings, the problems of their understanding, implementation and improvement of a number of related provisions. The Law of Ukraine “About the Constitutional Court of Ukraine” has expanded the catalogue of powers of production entities; especially the institution of a constitutional complaint has been introduced as the only effective mechanism for protecting individuals and legal entities regarding violated rights and freedoms.

The innovations of the current Law of Ukraine “On the Constitutional Court of Ukraine” included the following powers of this institution: providing, at the request of the President of Ukraine or at least forty-five people’s deputies of Ukraine, conclusions on the compliance of the Constitution of Ukraine with questions that are proposed for submission to an all-Ukrainian referendum on a popular initiative; resolving issues of compliance with the Constitution of Ukraine and the laws of Ukraine of regulatory legal acts of the Supreme Council of the Autonomous Republic of Crimea at the request of the President of Ukraine; resolving issues of compliance of the laws of Ukraine (their individual provisions) with the norms of the Constitution of Ukraine on the constitutional complaint of a person who believes that the law of Ukraine applied in the final judicial decision in his case is contrary to the Constitution of Ukraine.

The above law also provides for the official interpretation of only the norms of the Constitution of Ukraine. At the same time, under the Law “On the Constitutional Court of Ukraine”, as amended in 1996, powers were provided for the interpretation of laws. Moreover, according to the author, the function of interpreting the norms of the Constitution and laws of Ukraine should belong to a single body of constitutional justice of Ukraine as an independent and abstracted subject of political and legal processes.

According to the author’s opinion, certain provisions can be attributed to the novels of the law “On the Constitutional Court of Ukraine”, according to which the legislator combined not only the European model of constitutional justice, but also the Anglo-Saxon one in terms of the organizational structure of the Court. This is evidenced by the introduction of the Chamber as an analogue of the European Court of Human Rights, the structure of which includes all judges, two senates of 9 judges and six boards of 3 judges each. The listed subjects of constitutional proceedings have the status of court bodies

According to the author, this law also requires additions in terms of specifying the procedure for the competition of candidates for the post ofjudge of the Constitutional Court of Ukraine, in matters of probation in court before deciding on their appointment. In addition, it is advisable to provide for amendments to the law of the procedure for dismissing judges of the court, as well as competitive selection for the position of category “A” employees in the Secretariat of the Constitutional Court of Ukraine.