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Constitutional legislation of Ukraine: scientific and theoretical concept and praxeological analysis
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The article provides a scientific analysis of current issues of development of the theory and practice of constitutional legislation of Ukraine. The author offers his own scientific and theoretical concept of the system of constitutional legislation of Ukraine. In particular, it is substantiated that constitutional legislation should be considered as a system of legal acts containing constitutional and legal norms. This system is a complex entity which has such characteristics as expediency, functionality and sustainability; its principles are interdependence, interconnectedness, interaction of legal acts, and the principle of their hierarchical arrangement.
Based on praxeological analysis, the main shortcomings of the current constitutional legislation of Ukraine are identified and directions for its improvement in the conditions of war and post-war revival of Ukraine are formulated. Thus, it is argued that the trends in the improvement and development of the system of constitutional legislation of Ukraine should be formed: based on the praxeological analysis of the current constitutional legislation, in particular, the determination of its shortcomings, which include such defects as collisions and gaps that exist in the Constitution of Ukraine and in other regulatory legal acts; as well as according to the temporal-content criterion, which determines the content of the development of constitutional legislation in the modern period, focused on the legislative provision of the legal regime of martial law and - in the post-war period, aimed at the restoration of Ukraine and the creation of a constitutional and legislative basis for its sustainable development as a democratic, legal state, a full member of the European community.
Key words: law of Ukraine, legislation of Ukraine, constitutional legislation of Ukraine, constitutional legal relations, constitutional and legal norms, Constitution of Ukraine, concept, regulatory and legal act, praxeological analysis.
Koretsky Institute of State and Law of National Academy of Sciences of Ukraine
Title: Constitutional legislation of Ukraine: scientific and theoretical concept and praxeological analysis
Description:
The article provides a scientific analysis of current issues of development of the theory and practice of constitutional legislation of Ukraine.
The author offers his own scientific and theoretical concept of the system of constitutional legislation of Ukraine.
In particular, it is substantiated that constitutional legislation should be considered as a system of legal acts containing constitutional and legal norms.
This system is a complex entity which has such characteristics as expediency, functionality and sustainability; its principles are interdependence, interconnectedness, interaction of legal acts, and the principle of their hierarchical arrangement.
Based on praxeological analysis, the main shortcomings of the current constitutional legislation of Ukraine are identified and directions for its improvement in the conditions of war and post-war revival of Ukraine are formulated.
Thus, it is argued that the trends in the improvement and development of the system of constitutional legislation of Ukraine should be formed: based on the praxeological analysis of the current constitutional legislation, in particular, the determination of its shortcomings, which include such defects as collisions and gaps that exist in the Constitution of Ukraine and in other regulatory legal acts; as well as according to the temporal-content criterion, which determines the content of the development of constitutional legislation in the modern period, focused on the legislative provision of the legal regime of martial law and - in the post-war period, aimed at the restoration of Ukraine and the creation of a constitutional and legislative basis for its sustainable development as a democratic, legal state, a full member of the European community.
Key words: law of Ukraine, legislation of Ukraine, constitutional legislation of Ukraine, constitutional legal relations, constitutional and legal norms, Constitution of Ukraine, concept, regulatory and legal act, praxeological analysis.
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