Theoretical features and applied aspects of constitutional control of amendments to the constitution

Abstract

It is pointed out that the idea of protecting the constitution arose simultaneously with the appearance of the first constitutions. It was embodied gradually by finding its expression in the constitutional text itself or following the development of judicial practice. Such means were the institute of repeal of acts, the establishment of a guarantor and “guardian” of the constitution, the institute of constitutional control, the procedure for amending the constitution and others. Such legal institutions have emerged specifically to preserve such a constitution per se, primarily as a set of material principles and values, as well as a formally defined document in which such principles and values are enshrined. In the literature, such a special set of legal tools is now called protection, protection, guarantee of the constitution, and so on. The precondition for the protection of the constitution in the legal sense is a certain public consensus on key values, the existence of a certain civil culture, developed civil society, autonomous individual-owner, ie all those prerequisites for constitutionalism, without which the implementation of an organic constitution will always face many problems.
 It has been established that amending the constitution is an important stage of the constitutional process in order to ensure the relevance of the basic law, compliance with the relations prevailing in society and limiting state power in favor of the people to ensure and protect human and civil rights and freedoms. In order to prevent the violation of the norms of the constitution, its compliance with the principles of the changes that are made to it, it is necessary to take measures to protect and safeguard it. One such way is constitutional control over the process of amending the constitution.
 Despite the positive developments in the practice of constitutional control over the process of amending the constitution in Ukraine, unresolved issues remain within the competence of the Constitutional Court of Ukraine in this area. This requires the intensification of the scientific and expert community in order to address these issues.