ПОНЯТТЯ І СУТНІСТЬ КОНСТИТУЦІЙНОГО КОНТРОЛЮ В УКРАЇНІ

Abstract

The theoretical prerequisites are analyzed in the article along with practice of the institution functioning of constitutional control. There are studies about the concepts and features of constitutional control and the relationship with the concepts of “constitutional supervision” and “constitutional justice”. The study established that constitutional control, being a specific means of protecting the Constitution, acts as a specialized mechanism, a system for ensuring the constitution as a normative legal act of higher legal force, and a kind of control as a corresponding function. The concept of constitutional control has been defined, in particular, and its definition should be understood as the power granted to the relevant body to control and, if necessary, establish the conformity or inconsistency with the Constitutional acts adopted by various public authorities, and especially the laws adopted by representative institutions. The forms of constitutional control and tendencies of their development are examined, the place of constitutional control in the modern state-legal mechanism is also determined. The content of constitutional review is determined by the nature of the bodies that exercise it. There are two main systems or models of constitutional control: “American” and “European” one. It is determined in the article that the place of constitutional control in the system of state institutions in the legal literature is due to the fact that the bodies of constitutional control are not included in any of the branches of government, they can be included in a special one, the fourth branch – which is control. The authors made a distinction between the concepts of “constitutional control” and “constitutional justice”. It was found out what is connected with the transfer of new, previously unknown powers to specialized bodies of constitutional jurisdiction. In this regard, the constitutional control carried out by the courts of special jurisdiction consists solely in assessing the compliance of an act or activity with the Fundamental Law. Key words: constitutional control, constitutional supervision, constitutional justice, forms of constitutional control, state-legal mechanism.