Юридичні позиції Конституційного Суду України як джерело правового регулювання конституційного юрисдикційного процесу

Abstract

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