乌克兰宪法法院作为宪法管辖程序法律规制来源的法律立场

O. Spinchevska
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引用次数: 2

摘要

本文的目的和目标是在分析理解“乌克兰宪法法院法律地位”概念的理论方法的基础上,研究乌克兰宪法法院法律地位作为宪法管辖权法律规制的具体来源的特征。在2016年的宪法司法改革之后,这一概念转变为“乌克兰宪法法院的法律地位”,并在乌克兰“关于乌克兰宪法法院”的乌克兰法律以及乌克兰宪法法院的实践中得到规范性的体现,其中详细说明了乌克兰宪法和本法有关乌克兰宪法法院实现其管辖权的规定。本研究的方法论基础是一套一般和特殊的认知方法和途径,其应用允许将乌克兰宪法法院的法律立场视为宪法管辖程序的法律规制来源之一。所获得结果的科学新颖性在于,在2016年乌克兰宪法关于司法的修正案之后,首次对乌克兰宪法法院的法律立场进行了全面分析,包括其活动原则,权力限制,宪法请愿权主体的指控的可接受性标准,宪法申诉,不可能对其决定提出上诉等。结论指出,乌克兰宪法法院的法律立场是法律的具体渊源;它们与《乌克兰宪法》、《法律》和《议事规则》一起,是宪法管辖程序的法律规范来源,并影响到乌克兰宪法法院管辖权的实现,因为它们的发展和详细说明了《乌克兰宪法》和《法律》的规定。乌克兰宪法法院的法律立场是稳定的,在通过下列关于宪法程序的法令时考虑到这些立场;它也可以在以后的法令中发展和具体其法律地位,或在某些情况下改变其法律地位,但这种改变必须在乌克兰宪法法院的有关法令中证明是正当的。关键词:宪法管辖权;宪法管辖程序;宪法诉讼;法律地位;的法律地位。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Positions of the Constitutional Court of Ukraine as a Source of Legal Regulation of the Constitutional Jurisdictional Process
The purpose and objectives of the article are to study the features of the legal positions of the Constitutional Court of Ukraine as a specific source of legal regulation of the constitutional jurisdiction basing on the analysis of theoretical approaches to understanding the concept of «law position of the Constitutional Court of Ukraine», which after the constitutional reform of justice in 2016 was transformed into the concept of «legal position of the Constitutional Court of Ukraine» and received normative enshrinement in the Law of Ukraine «About the Constitutional Court of Ukraine», as well as the practice of the Constitutional Court of Ukraine, which details the provisions of the Constitution of Ukraine and this Law, related to the realization by the Constitutional Court of Ukraine its jurisdictional powers. The methodological basis of the study is a set of general and special methods and ways of cognition, the application of which allowed to consider the legal positions of the Constitutional Court of Ukraine as one of the sources of legal regulation of the constitutional jurisdictional process. The scientific novelty of the obtained results is that for the first time after amendments to the Constitution of Ukraine about justice in 2016 a comprehensive analysis of the legal positions of the Constitutional Court of Ukraine on the principles of its activity, limits of powers, criteria for the admissibility of substantiation of the allegations of the subjects of the right to a constitutional petition, a constitutional complaint, impossibility to appeal its decisions, etc. was made. The conclusions state that the legal positions of the Constitutional Court of Ukraine are a specific source of law; along with the Constitution of Ukraine, the Law and the Rules of Procedure, they are a source of legal regulation of the constitutional jurisdictional process and influence the realization of jurisdictional powers of the Constitutional Court of Ukraine as its key subject because in them find their development and detailing the provisions of the Constitution of Ukraine and the Law. The legal positions of the Constitutional Court of Ukraine are stable and it takes them into account when adopting the following acts on constitutional proceeding; it may also develop and specify its legal position in subsequent acts, or change it in certain circumstances, but only if such a change is justified in the relevant act of the Constitutional Court of Ukraine. Keywords: constitutional jurisdiction; constitutional jurisdictional process; constitutional proceedings; law position; legal position.
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