Features of the application of the constitutional term-concept "court" to the body of constitutional jurisdiction of Ukraine

Abstract

Article examines the legal meaning of the term­concept "Court" as used in the provisions of the Constitution of Ukraine and special legislative acts and analyzes the peculiarities of its application to the Constitutional Court of Ukraine as the domestic body of constitutional jurisdiction. In this context, previous editions and current provisions of the Constitution of Ukraine, relevant decisions of the Constitutional Court of Ukraine regarding the official interpretation of the specified constitutional norms, as well as provisions of special legislative acts of Ukraine are analyzed in detail.
 Based on the conducted research, it is concluded that a special term-concept "court” was formed in the constitutional and legal doctrine of Ukraine. It means a state body of judicial power, which is formed, reorganized and liquidated by law, is part of the unified system of the judicial system of Ukraine and administers justice on the principles of the rule of law and on the basis of the Constitution and laws of Ukraine, in accordance with judicial procedures defined by law, ensuring protection guaranteed by the Constitution and laws of the rights and freedoms of a person and a citizen of Ukraine, the rights and legitimate interests of legal entities, the interests of society and the state.
 At the same time, the mandatory legal features of the concept of "court” in aggregate are: 1) the presence of the status of a body of state judicial power; 2) formation, reorganization and liquidation, exclusively according to the special legislative procedure established by paragraph 2 of Article 125 of the Constitution of Ukraine; 3) belonging to the unified judicial system of Ukraine, defined by the Constitution of Ukraine and the laws of Ukraine; 4) having the authority to administer justice, in accordance with the Constitution of Ukraine and the laws of Ukraine.
 Therefore, it is worth asserting that the domestic constitutional-doctrinal special term-concept "court” can only conditionally (as an exception) be applied to the Constitutional Court of Ukraine, as the only domestic body of constitutional jurisdiction, which, according to the current norms of the Constitution of Ukraine, does not belong to a unified system the judicial system of the state and does not administer justice, but is fundamentally endowed with other special powers in order to ensure the supremacy of the Constitution of Ukraine.