INTERACTION OF THE COURTS OF UKRAINE AND THE CONSTITUTIONAL COURT IN THE APPLICATION OF THE CONSTITUTION OF UKRAINE AS AN ACT OF DIRECT EFFECT Cover Image

INTERACTION OF THE COURTS OF UKRAINE AND THE CONSTITUTIONAL COURT IN THE APPLICATION OF THE CONSTITUTION OF UKRAINE AS AN ACT OF DIRECT EFFECT
INTERACTION OF THE COURTS OF UKRAINE AND THE CONSTITUTIONAL COURT IN THE APPLICATION OF THE CONSTITUTION OF UKRAINE AS AN ACT OF DIRECT EFFECT

Author(s): Oleh HOLIEV
Subject(s): Constitutional Law, Sociology of Law, Court case, Administrative Law
Published by: Editura Pro Universitaria
Keywords: Direct effect of the Constitution of Ukraine; the Constitutional Court of Ukraine; courts of general jurisdiction; courts of the judicial system; incidental constitutional control; advisory opinions;

Summary/Abstract: The article examines the peculiarities of the interaction between the ordinary courts and the Constitutional Court of Ukraine since the adoption of the Constitution of Ukraine. The author tries to establish the characteristic features of this interaction during different periods. The specificity of the constitutional transformations over the past almost 30 years allowed us to divide the development of relations between these subjects into two periods. The first - since the adoption of the Constitution of Ukraine in 1996, which for the first time in Ukraine enshrined the principle of direct effect of the Constitution and established a new system of organisation of state power on the basis of its division into legislative, executive and judicial in accordance with the principles of the rule of law, respect for human rights and constitutional democracy. This period lasted until September 30, 2016, when the reform of justice began in Ukraine, which continues to these days. Based on the results of the research, the author proposes ways to improve the mechanism of the interaction between the ordinary courts and the Constitutional Court, which aim to ensure the effective application of the Constitution of Ukraine as an act of direct effect.

  • Issue Year: 1/2022
  • Issue No: 2
  • Page Range: 170-179
  • Page Count: 10
  • Language: English
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