Constitutional justice is in the Ukrainian system of state rule - Реферат

The constitutional Court considers cases not in the way of ordinary legal proceedings according to requirements of remedial codes, but according to the rules of the constitutional legal proceedings, according to the Constitution, the law "On the Constitutional Court of Ukraine" and the rules authorized by the Court [5]. Gergelijnyk presents such provisions: the main purpose of the body of the constitutional jurisdiction will consist in maintenance of leadership of the Constitution within all legal space of the country; the specialized body of the constitutional jurisdiction is the essence of the idea of control authority with all its necessary attributes; activity of the mentioned body is under inspection of only the Main law; the existence the Constitutional Court improves a principle of division of authorities in the system of obstacles and counterbalance [8]. The constitutional control is carried out by the Court in the form of supervision of conformity of the legal acts, corresponding international contracts to the Constitution of Ukraine; in the form of supervision of observance of the constitutional procedures (consideration, acceptance and coming into force of legal acts, investigation and consideration of a case about elimination of the President of Ukraine from the post by way of impeachment); in the form of official interpretation of the Constitution of Ukraine and laws of Ukraine, and also in the form of supervision of conformity of bills on amendments in the Main law to provisions of articles 157 and 158 of the Constitutions of Ukraine. Savenko, analyzing activity of the Court, singles out the following functions: 1) function of justice (of the constitutional control) - disputes and the conflicts related to the competence of the Constitutional Court, the latter considers the established procedure and makes a decision on behalf of the state; 2) function of interpretation of the Constitution and laws of Ukraine; 3) function of legal protection of the Constitution - all activity of the Court directed on maintenance of legal protection of the Main law, the constitutional system established by it, the rights and freedoms of the person and the citizen and other provisions; 4) function of maintenance of observance of a principle of division of the government (an arbitration) - solving disputes and conflicts concerning competence, the Court acts in a role of the arbitrator. The Constitutional Court gives conclusions on cases on conformity of the Constitution of Ukraine to current international contracts of Ukraine or those international contracts which are brought before the Supreme Rada for granting consent to their compulsion; on observance of the constitutional procedure of investigation and consideration of a case about elimination of the President of Ukraine from the post by way of impeachment; on questions of official interpretation of the Constitution and laws of Ukraine.