Legal reform as an instrument of constitutionalization of the legal order

Abstract

The article examines the problems of constitutionalization of the legal order in the light of legal reform. It is noted that the currentsituation in the legal sphere (in the state of constitutionalization of law) is characterized by the following negative features: the lack ofrational legal policy and of systematic decisions of public authorities; the lack of optimal economic and political conditions for the developmentof the legal system as a whole and its individual elements; the low level of legal awareness of subjects of law and the high levelof legal nihilism; conservatism and inertness of individual subjects of the legal system. All these circumstances are a serious obstacle tothe legal order. Reforming is closely related to the change of power, political system, state policy, ideology, political course. In such situations,there is a need for systematic improvement of existing legislation. And it is necessary to make amendments not to separate laws,but to the whole legal field which needs systematic updating. It is emphasized that legal reform should be divided into three main areas:constitutional, legislative and judicial. These are, first of all, the reform of public administration, administrative and territorial reform,judicial and legal reform, the reform of criminal justice, and the reform of local self-government in Ukraine. All these areas are interconnected.At the same time, taking into account the fundamental importance of constitutional law (in relation to other branches of law),there is a need to substantiate the possibility of implementing constitutional principles into the fields of current legislation in order to furtherconstitutionalize the legal order. In view of this, an important step for the legal enforcement of reforms is the constitutional reform,the implementation of which is part of the problem of the development of statehood, improving the legal system of Ukraine.It is concluded that in the implementation of legal reform it is important to strictly adhere to the principles of the rule of law, oflegal certainty, and of proportionality, with the latter formed in the legal positions of the European Court of Human Rights. These legalmechanisms will contribute to more effective constitutional development of Ukraine, improvement and harmonization of all spheres ofpublic life, including legal one, renewal, constructive mechanism for protection of human and civil rights and freedoms, which is themain goal of constitutionalization of the legal order.