Українською | In English
Viche 2012 №4

№4, 2012

The question of legitimacy of Ukrainian laws in terms of constitutional jurisdiction

The practice of the constitutional jurisdiction of Ukraine on the issues of constitutionality of laws of Ukraine discovers new problems that require theoretical and legal research. One of them is the question of the legitimacy in connection with such recognition that does not respond to the Constitution of Ukraine (unconstitutional) law or some of its provisions.
In particular, we are talking about the practical application of the provisions of the second part of article 152 of the Constitution of Ukraine, according to which, laws and other legal acts or their separate provisions, which were considered unconstitutional, lose its validity from the day the Constitutional Court of Ukraine decision on their unconstitutionality is made. According to the analysis of such practices, the Constitutional Court since its inception (October 1996) has had a different approach to the understanding of it and therefore to the usage of this provision of the Constitution [1].

Mykhaylo TEPLUYK