Horodovenko V. Constitutional Court of Ukraine as the only body for the advocacy of the Constitution of Ukraine. A new of way to law : collective monograph. Riga : Baltija Publ., 2021. P. 62-72.
In the publication it is concluded that the CCU, like other courts in Ukraine, within its competence has the constitutional authority to advocate the rights and freedoms of man and citizen established and guaranteed by the Constitution, i.e. its human rights function is emphasized. The above gives grounds for a convincing conclusion not only to consider the function of constitutional jurisdiction assigned to the Constitutional Court of Ukraine as a function of legal advocacy of the Constitution of Ukraine, but also to deny the assignment of the CCU to the law enforcement system of Ukraine. At the same time, we consider it expedient to ensure legal certainty and avoid different interpretations of the function of the Constitutional Court of Ukraine as a proposal to standardize legal terminology, to distinguish the use of legal terms "protection”, "advocacy”, “guarantee”. It is expedient to introduce the term "advocacy of the Constitution” into legislative circulation by making appropriate clarifications to the current legislation in the context of defining the exclusive function of the Constitutional Court of Ukraine as the only body of legal protection of the Constitution to emphasize its special place and unique role in public authorities.
Долучення | Розмір |
---|---|
завантажити файл в форматі PDF | 272.87 КБ |