Герменевтичні шляхи конкретизації Конституції України

Abstract

The article is devoted to hermeneutical ways of concretization the Constitution of Ukraine. The basic research approaches of concretization the Constitution of Ukraine are stated: the way of comprehension, the way of reconstruction, the way of dialogue. The peculiarities of these approaches are specified; the dialogue approach is stated as preferred in provisions of the Constitution of Ukraine, this position is justified in the article. It is determined that when using the comprehensive approach and hermeneutical methodology while specifying the Constitution of Ukraine, the text of the Constitution itself is the answer to the questions raised. In this instance, the Constitutional Court of Ukraine clears up the essence of the Constitution itself and subsequently explains the meaning of its contents in its official judgement to the plaintiff and to the people of Ukraine. In this case constitutional provision is steady, the interpretation is only about the follow-up procedure. The concretization of the Constitution of Ukraine using reconstruction method lies in comparative study and analysis of constitutional provision and reality. It is defined that the real world circumstances are reflected in the constitutional provision of the Constitution of Ukraine, the changes in the constitutional provision were applied in the particular period of time to regulate the constitutional interrelations. The difference between the reconstruction and comprehension lies in introducing the novelty in the Constitution of Ukraine. The dialogue method lies in the unifying the text of the Constitution of Ukraine with skill and knowledge. Concretization the Principal Law using dialogue approach is the way thanks to which inviolability of the fundamentals and ideals of the Constitution is preserved; these fundamentals and ideals are built up by Ukrainian people — the sole architect of the constitutional rights and liberties. Hermeneutical dialogue provides interaction of the two sides: the Constitution of Ukraine and the Constitutional Court of Ukraine. It is determined that to understand the text of the Principal Law the Constitutional Court of Ukraine has to address the principles, ideas, rights and freedoms of the entire system of the Constitution of Ukraine, not solely the problematic provision. Using the approach of dialogue when elaboration the provisions of the Constitution of Ukraine is prioritised and justified.