THE ROLE OF DECISIONS OF THE CONSTITUTIONAL COURT OF UKRAINE IN ENSURING PROPORTIONALITY AND THE RULE OF LAW IN JUDICIAL PRACTICE
ANNOTATION: Introduction. In Ukraine, the principle of the rule of law is recognized and operates as a modern principle of the Ukrainian law system. The Constitution of Ukraine has the highest legal force. Laws and other normative legal acts are adopted on the basis of the Constitution of Ukraine an...
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| Format: | Article |
| Language: | English |
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V. N. Karazin Kharkiv National University
2021-12-01
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| Series: | Вісник Харківського національного університету імені В. Н. Каразіна Серія: «Право» |
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| Online Access: | https://periodicals.karazin.ua/law/article/view/18110 |
| _version_ | 1797641568394412032 |
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| author | Tetiana Dunaieva |
| author_facet | Tetiana Dunaieva |
| author_sort | Tetiana Dunaieva |
| collection | DOAJ |
| description | ANNOTATION: Introduction. In Ukraine, the principle of the rule of law is recognized and operates as a modern principle of the Ukrainian law system. The Constitution of Ukraine has the highest legal force. Laws and other normative legal acts are adopted on the basis of the Constitution of Ukraine and must comply with it. The Constitutional Court of Ukraine decides on the compliance of the Constitution of Ukraine with the laws of Ukraine and other normative acts, and carries out the official interpretation of the Constitution of Ukraine. The Constitutional Court of Ukraine determines the norms of a law or other normative act as those that correspond or do not correspond to the principle of the rule of law. The constitutional principles of the rule of law and protection of human rights are systematically interconnected and are embodied in the norms of the Constitution of Ukraine, which, in particular, determine the right to judicial protection.
Summary of research results. Decisions of the Constitutional Court of Ukraine are important for the development of doctrine in criminal and criminal procedural legislation of Ukraine. It should be noted that the current criminal procedure law does not determine, until the end, the regulation of the appeal against the decisions of the investigating judge during the pre-trial investigation; does not establish a norm according to which a precautionary measure in the form of detention or house arrest should be considered extended in the absence of requests from the parties to change or cancel such a measure, deprives the person of adequate protection against arbitrariness.
Conclusions. Decisions of the Constitutional Court of Ukraine are important for the development of doctrine in criminal and criminal procedural legislation of Ukraine. The Constitutional Court of Ukraine promotes the quality of legislation by repealing unconstitutional provisions, is important for further improving the efficiency of judicial review and ensuring the unity of judicial practice, promotes the implementation of legal principles of predictability, rule of law, effective protection of human rights. Decisions of the Constitutional Court of Ukraine, its legal positions have a regulatory impact on the implementation of criminal procedural activities and are a means of eliminating gaps in criminal procedural legislation of Ukraine.
KEY WORDS: rule of law, proportionality, decisions of the Constitutional Court of Ukraine, quality of criminal procedural legislation of Ukraine, criminal proceedings. |
| first_indexed | 2024-03-11T13:47:32Z |
| format | Article |
| id | doaj.art-b0c85c26ba0740819c169044fb729750 |
| institution | Directory Open Access Journal |
| issn | 2075-1834 |
| language | English |
| last_indexed | 2024-03-11T13:47:32Z |
| publishDate | 2021-12-01 |
| publisher | V. N. Karazin Kharkiv National University |
| record_format | Article |
| series | Вісник Харківського національного університету імені В. Н. Каразіна Серія: «Право» |
| spelling | doaj.art-b0c85c26ba0740819c169044fb7297502023-11-02T10:03:03ZengV. N. Karazin Kharkiv National UniversityВісник Харківського національного університету імені В. Н. Каразіна Серія: «Право»2075-18342021-12-013210.26565/2075-1834-2021-32-0818110THE ROLE OF DECISIONS OF THE CONSTITUTIONAL COURT OF UKRAINE IN ENSURING PROPORTIONALITY AND THE RULE OF LAW IN JUDICIAL PRACTICETetiana Dunaieva0Academic Research Institute for Crime Studies V.V. Stashys of the National Academy of Legal Sciences of UkraineANNOTATION: Introduction. In Ukraine, the principle of the rule of law is recognized and operates as a modern principle of the Ukrainian law system. The Constitution of Ukraine has the highest legal force. Laws and other normative legal acts are adopted on the basis of the Constitution of Ukraine and must comply with it. The Constitutional Court of Ukraine decides on the compliance of the Constitution of Ukraine with the laws of Ukraine and other normative acts, and carries out the official interpretation of the Constitution of Ukraine. The Constitutional Court of Ukraine determines the norms of a law or other normative act as those that correspond or do not correspond to the principle of the rule of law. The constitutional principles of the rule of law and protection of human rights are systematically interconnected and are embodied in the norms of the Constitution of Ukraine, which, in particular, determine the right to judicial protection. Summary of research results. Decisions of the Constitutional Court of Ukraine are important for the development of doctrine in criminal and criminal procedural legislation of Ukraine. It should be noted that the current criminal procedure law does not determine, until the end, the regulation of the appeal against the decisions of the investigating judge during the pre-trial investigation; does not establish a norm according to which a precautionary measure in the form of detention or house arrest should be considered extended in the absence of requests from the parties to change or cancel such a measure, deprives the person of adequate protection against arbitrariness. Conclusions. Decisions of the Constitutional Court of Ukraine are important for the development of doctrine in criminal and criminal procedural legislation of Ukraine. The Constitutional Court of Ukraine promotes the quality of legislation by repealing unconstitutional provisions, is important for further improving the efficiency of judicial review and ensuring the unity of judicial practice, promotes the implementation of legal principles of predictability, rule of law, effective protection of human rights. Decisions of the Constitutional Court of Ukraine, its legal positions have a regulatory impact on the implementation of criminal procedural activities and are a means of eliminating gaps in criminal procedural legislation of Ukraine. KEY WORDS: rule of law, proportionality, decisions of the Constitutional Court of Ukraine, quality of criminal procedural legislation of Ukraine, criminal proceedings.https://periodicals.karazin.ua/law/article/view/18110key words: rule of law, proportionality, decisions of the constitutional court of ukraine, quality of criminal procedural legislation of ukraine, criminal proceedings. |
| spellingShingle | Tetiana Dunaieva THE ROLE OF DECISIONS OF THE CONSTITUTIONAL COURT OF UKRAINE IN ENSURING PROPORTIONALITY AND THE RULE OF LAW IN JUDICIAL PRACTICE Вісник Харківського національного університету імені В. Н. Каразіна Серія: «Право» key words: rule of law, proportionality, decisions of the constitutional court of ukraine, quality of criminal procedural legislation of ukraine, criminal proceedings. |
| title | THE ROLE OF DECISIONS OF THE CONSTITUTIONAL COURT OF UKRAINE IN ENSURING PROPORTIONALITY AND THE RULE OF LAW IN JUDICIAL PRACTICE |
| title_full | THE ROLE OF DECISIONS OF THE CONSTITUTIONAL COURT OF UKRAINE IN ENSURING PROPORTIONALITY AND THE RULE OF LAW IN JUDICIAL PRACTICE |
| title_fullStr | THE ROLE OF DECISIONS OF THE CONSTITUTIONAL COURT OF UKRAINE IN ENSURING PROPORTIONALITY AND THE RULE OF LAW IN JUDICIAL PRACTICE |
| title_full_unstemmed | THE ROLE OF DECISIONS OF THE CONSTITUTIONAL COURT OF UKRAINE IN ENSURING PROPORTIONALITY AND THE RULE OF LAW IN JUDICIAL PRACTICE |
| title_short | THE ROLE OF DECISIONS OF THE CONSTITUTIONAL COURT OF UKRAINE IN ENSURING PROPORTIONALITY AND THE RULE OF LAW IN JUDICIAL PRACTICE |
| title_sort | role of decisions of the constitutional court of ukraine in ensuring proportionality and the rule of law in judicial practice |
| topic | key words: rule of law, proportionality, decisions of the constitutional court of ukraine, quality of criminal procedural legislation of ukraine, criminal proceedings. |
| url | https://periodicals.karazin.ua/law/article/view/18110 |
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