Administration of justice in Ukraine as an indicator of modern constitutionalism

Abstract

The relevance of the study of judicial constitutionalism is explained by the public necessity to restore confidence in the Constitutional Court of Ukraine. The necessity of reforming the regulation of the Constitutional Court of Ukraine is relevant to this study. The purpose of the research is to cover the connection and impact of the results of the administration of justice in Ukraine on the overall state of constitutionalism. In the course of exploring the subject of this work, the authors, use the dialectical method of cognition to clarify the essence of the concept of “constitutionalism”, the formal legal method to analyse the sources of constitutional law relating to the administration of justice and develop recommendations for overcoming the identified systemic problems, the logical and legal method to identify the state of compliance by judges and public authorities with the basic principles of the constitutional order of Ukraine, and the analysis of legal practice, identified differences in understanding the legal content of the rule of law principle in the administration of justice, and thus its unequal application, and identified two systemic problems. One of them emerged as a result of the Supreme Court's ambiguous position that a notary cannot be a defendant in cases of illegally committed executive inscriptions, and the other, on the contrary, is due to the ignoring of decisions of the Constitutional Court of Ukraine and the Supreme Court by public authorities empowered to ensure social protection of the population. The proposed research is the result of the analysis of some specific practical aspects - the results of the judicial proceedings in Ukraine, and the identification of systemic problems in judicial practice which affect the assessment of constitutionalism as a constitutional and legal reality. The authors emphasise the necessity of raising legal culture and legal awareness, both in society in general and among lawyers in particular. It is possible if the educational process combines the acquisition of professional and practical competencies with the education of both human and professional qualities. The practical significance of the work is a comprehensive consideration of current issues of the administration of justice in Ukraine from a practical and theoretical standpoint