Features conduct constitutional process and the legal status of subjects of legislative initiatives in Ukraine Cover Image

ОСОБЛИВОСТІ ПРАВОВОГО СТАТУСУ СУБ`ЄКТІВ КОНСТИТУЦІЙНОГО ПРОЦЕСУ В УКРАЇНІ
Features conduct constitutional process and the legal status of subjects of legislative initiatives in Ukraine

Author(s): Yulia Baskakova
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Civil Society
Published by: Національна академія керівних кадрів культури і мистецтв
Keywords: constitutional process; the subjects of legislative initiative; legislative authority; parliamentary activity; parliamentary oversight; regulatory definition of civil society;

Summary/Abstract: The article discusses the features of the constitutional process and the legal status of subjects of legislative initiative in Ukraine. Constitutionally legal relationship as indeed, any other relationship which are governed by the law are extremely complex, diverse and multi-faceted, multi-dimensional and they are marked gradation. These features require the State to establish legal mechanisms, procedures for the use of rights, duties, assuming responsibility. To this end, the state creates procedural rules designed to ensure optimal and efficient implementation of the rights and legitimate interests of the constitutional relations enshrined in the constitutional norms of substantive law.Central among all kinds of legal process without a doubt takes the constitutional process. Constitutional process (from Lat. Processus – cheats, promotion, forward) – it is an established constitutional law procedure of its stakeholders on the creation, interpretation and implementation of the constitutional law and other legal provisions aimed at implementing the substantive constitutional rights in the course of these subjects their duties and powers of implementation, some of them of their rights and legitimate interests.The essence of the constitutional process, it is manifested in such terms: due to the simultaneous occurrence and harmonization of procedural rules with substantive norms, the implementation of which these procedural rules pro-vide; requires compliance with the procedural rules of the legislative level appropriate level of legal norms of substantive law; is inconsistent with the norms of constitutional law, implemented in full compliance with them; contains a mandatory component of establishing a procedural remedial order, which provides the desired option of the constitutional rights and responsibilities, and in which, however, in some cases, each legal entity is able to independently and at their own discretion, but within the law, to elect one of the alternative ways such implementation; based on the principles of democracy and rule of law, priority rights and freedoms of citizens; has a systemic nature, which provides an efficient and optimal organization of constitutional and procedural regulation, its sequence and timing.Consequently, the constitutional and procedural rules forming the constitutional process, should determine the latter purpose, the type of regulated relations, the persons who are directly involved in this process, the actions to be carried out by them, the timing and sequencing of implementation of these actions, as well as legal means, that ensure the functioning of the process. Revealing the content of the constitutional process, it is also advisable to determine the place of procedural rules in the legal system of society. Settlement of legal activity procedural rules, its quality depends on the degree of importance of appropriate social relations to society, their complexity and diversity, the imperative or dispositive legal norms regulating material, a number of other objective and subjective factors. As constitutional law regulates the most important for society social relations that are celebrated complicated political and legal nature and multi-faceted structural construction, the imperative nature of legal regulation, it is logical to assume that the constitutional process itself is determinative for the state and society. The notion of the constitutional process in the science of constitutional and procedural law is usually regarded in the broad and narrow sense. In the narrow sense of the constitutional process is traditionally understood as the statutory procedure for the consideration and decision of the constitutional justice cases by the constitutional ideas and appeals subjects constitutional process. Also under the constitutional process is sometimes understood as separate subjects procedure attraction constitutional relationship to the constitutional and legal responsibility, and sometimes even to build the constitutional process in the design and adoption of the Constitution and constitutional laws as the legal foundations of state building, in other words, is the process of creating the foundations of the state. In a broad sense as the constitutional process consider how to resolve the constitutional and procedural rules of the activities of public authorities and their officials and other authorized entities, aimed at the implementation of substantive constitutional, as well as some other related industries right in the creation, interpretation and implementation of legal norms that constitute the legal basis for these branches of law.Based on the definition of the constitutional process as established constitutional norms about the activities of the creation, interpretation and implementation of constitutional law and other legal norms aimed at achieving certain social or legal result, it is appropriate to classify the constitutional process for the types of legal activity on the law-making, law and explanatory implements right.Constitutional-law-making process is an established constitutional law procedures of entities constitutional relationship of legal analysis and assessment of the needs of society, and the formation of appropriate and adequate social development of legal decisions and acts. Depending on the types of law-making and the nature of its subjects can be identified legislative, electoral process (the last two are also considering and implementing the activities of the positions right, if we consider the participation of citizens in these processes procedure realization of their political rights under the Constitution). Consequently, in the law-making process involved public authorities, as well as people as its only legitimate media.The subjects of the right process can be any legal subjects. However, the special form of the right – law en-forcement, only authorized entities that public authorities may have the right to perform any act aimed at the implementation of this activity. And in order enforcement is carried out basic function of government – protection and enforcement of the right as well as the use of state coercion.Constitutional process in its broadest sense is based on several principles as defining, guiding ideas for its implementation. For the most part these principles constitute the foundation principles of the individual state bodies and their officials who represent so legal specifics procedural forms of their activity (for example, general principles of justice provided for in the Constitution or the principles of the electoral process, certain electoral law, and the like).In the development of the content of the constitutional process its most characteristic feature is the sequence that indicates a severe regulatory requirements of priority actions, which governs perfection, optimality and efficiency of the constitutional process. On the contrary, the lack of legal regulation of this sequence, and the more her absence, significantly reduces the quality of the constitutional process, its dynamics and, consequently, makes it impossible or significantly complicates the implementation subjects constitutional relationship to their legal rights and obligations. Sequence of actions established constitutional procedural rules, finds expression in the stages of the constitutional process.

  • Issue Year: 1/2014
  • Issue No: 2
  • Page Range: 285-292
  • Page Count: 8
  • Language: Ukrainian