The article is devoted to the analysis of constitutional norms on guarantees of property rights. The importance of guarantees of the rights and legitimate interests of owners, along with other natural rights and freedoms of citizens, their effective protection in case of violation, is considered as one of the criteria for strengthening law and order in the state. Today, one of the features of a democratic state governed by the rule of law and a strong civil society is the state and degree of guarantee of everyone's right to property, and established economic property relations require providing them with the necessary legal color that meets the goals and objectives of the owner at the legislative level. However, the legal consolidation of property rights often does not lead to its unconditional exercise. In order to prevent the emergence of a state of declarativeness of the granted rights, guarantees should be regulated in constitutional norms, which would be timely reflected in sectoral legislation, based on the specifics of existing public relations, and, in turn, perfectly implemented by law enforcement agencies. It seems possible to distinguish two levels of guarantees of property rights: constitutional and law enforcement. At the constitutional level, the main provisions are established to protect property. At the level of law enforcement practice, there is a direct implementation of property guarantees enshrined at the constitutional level. The Constitution of Ukraine establishes a system of guarantees of property rights, which includes: 1) general guarantees (political, socio-economic, ideological) and 2) special (legal, legal) guarantees, which in-clude both regulatory and institutional (equal protection and development) all forms of ownership; determina-tion of the legal regime of ownership only by the laws of Ukraine; freedom of use by the owner of property; inviolability and impossibility of unlawful deprivation of property rights; judicial protection). Abstract
{"title":"Constitutional guarantees of property rights","authors":"Mykola Dobriev","doi":"10.30970/jcl.1.2021.4","DOIUrl":"https://doi.org/10.30970/jcl.1.2021.4","url":null,"abstract":"The article is devoted to the analysis of constitutional norms on guarantees of property rights. The importance of guarantees of the rights and legitimate interests of owners, along with other natural rights and freedoms of citizens, their effective protection in case of violation, is considered as one of the criteria for strengthening law and order in the state. Today, one of the features of a democratic state governed by the rule of law and a strong civil society is the state and degree of guarantee of everyone's right to property, and established economic property relations require providing them with the necessary legal color that meets the goals and objectives of the owner at the legislative level. However, the legal consolidation of property rights often does not lead to its unconditional exercise. In order to prevent the emergence of a state of declarativeness of the granted rights, guarantees should be regulated in constitutional norms, which would be timely reflected in sectoral legislation, based on the specifics of existing public relations, and, in turn, perfectly implemented by law enforcement agencies. It seems possible to distinguish two levels of guarantees of property rights: constitutional and law enforcement. At the constitutional level, the main provisions are established to protect property. At the level of law enforcement practice, there is a direct implementation of property guarantees enshrined at the constitutional level. The Constitution of Ukraine establishes a system of guarantees of property rights, which includes: 1) general guarantees (political, socio-economic, ideological) and 2) special (legal, legal) guarantees, which in-clude both regulatory and institutional (equal protection and development) all forms of ownership; determina-tion of the legal regime of ownership only by the laws of Ukraine; freedom of use by the owner of property; inviolability and impossibility of unlawful deprivation of property rights; judicial protection). Abstract","PeriodicalId":246696,"journal":{"name":"Ukrainian Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125911083","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Republic, the Constitutional Court analyzes the case law of the European Court of Human Rights, as well as explains it to other national courts of the Czech Republic in the form of recommendations. The German judicial authorities interpret and apply national law in the light of the case law of the European Court of Human Rights, taking into account compliance with the national standard of human rights. In order to avoid violations of human rights and freedoms, the Federal Constitutional Court of Germany uses the case law of the European Court of Human Rights not as the main, but as an auxiliary means of interpreting the content of human rights and freedoms enshrined in the Basic Law of Germany.
{"title":"Constitutional and legal regulation of the implementation of the decisions of the European Court of Human Rights in the EU member states","authors":"Mykhailo Darmin","doi":"10.30970/jcl.1.2021.1","DOIUrl":"https://doi.org/10.30970/jcl.1.2021.1","url":null,"abstract":"Republic, the Constitutional Court analyzes the case law of the European Court of Human Rights, as well as explains it to other national courts of the Czech Republic in the form of recommendations. The German judicial authorities interpret and apply national law in the light of the case law of the European Court of Human Rights, taking into account compliance with the national standard of human rights. In order to avoid violations of human rights and freedoms, the Federal Constitutional Court of Germany uses the case law of the European Court of Human Rights not as the main, but as an auxiliary means of interpreting the content of human rights and freedoms enshrined in the Basic Law of Germany.","PeriodicalId":246696,"journal":{"name":"Ukrainian Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132141967","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
the most important values and principles for a particular society, emphasizing the importance of the position and responsibility of a member of a specialized body of constitutional justice. of a judge of the constitutional court.
一个特定社会最重要的价值观和原则，强调宪法司法专门机构成员的地位和责任的重要性。宪法法院的法官。
{"title":"Oath of a judge of a constitutional court: comparative legal characteristics","authors":"Petro Maniuk","doi":"10.30970/jcl.1.2021.2","DOIUrl":"https://doi.org/10.30970/jcl.1.2021.2","url":null,"abstract":"the most important values and principles for a particular society, emphasizing the importance of the position and responsibility of a member of a specialized body of constitutional justice. of a judge of the constitutional court.","PeriodicalId":246696,"journal":{"name":"Ukrainian Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129433753","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
on the right to peaceful assembly. The issue of normative consolidation of administrative liability for violation of the relevant quarantine rules as an integral part of the concept of "restriction" is also covered. It is substan-tiated that sanction norms, in particular in the studied context, are secondary in relation to the legal norms that establish the relevant rules. In this regard, it is concluded that the current restrictions (that is, systemically interdependent rules of regulatory and sanction nature) of the right to peaceful assembly in quarantine measures, in addition to obvious signs of unconstitutionality of their regulatory enshrinement in regulatory law, also have significant shortcomings in related sanctions legislation.
{"title":"Problematic aspects of incorporation of restrictions of the right to peaceful assembly under the quarantine measures","authors":"Serhii Harhun","doi":"10.30970/jcl.1.2021.5","DOIUrl":"https://doi.org/10.30970/jcl.1.2021.5","url":null,"abstract":"on the right to peaceful assembly. The issue of normative consolidation of administrative liability for violation of the relevant quarantine rules as an integral part of the concept of \"restriction\" is also covered. It is substan-tiated that sanction norms, in particular in the studied context, are secondary in relation to the legal norms that establish the relevant rules. In this regard, it is concluded that the current restrictions (that is, systemically interdependent rules of regulatory and sanction nature) of the right to peaceful assembly in quarantine measures, in addition to obvious signs of unconstitutionality of their regulatory enshrinement in regulatory law, also have significant shortcomings in related sanctions legislation.","PeriodicalId":246696,"journal":{"name":"Ukrainian Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129651838","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The phenomenon of “agencification” in the administration of the European Union","authors":"Migel Verner Kiun","doi":"10.30970/JCL.2.2020.2","DOIUrl":"https://doi.org/10.30970/JCL.2.2020.2","url":null,"abstract":"","PeriodicalId":246696,"journal":{"name":"Ukrainian Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127597006","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article is devoted to clarifying the concept of constitutionality of legal acts. Despite its particular importance, this problem remains not ultimately resolved in the constitutional and legal doctrine. At the same time, the essence of the phenomenon "constitutionality of normative acts", as well as the content and scope of the concept of the same name, can be fully revealed only after a preliminary and step-by-step understanding of phenomenon of the constitution, the purpose and roots caused the formation of the doctrine of constitutionalism, as well as practices of its usage in state-building and human rights activity by active participants of public relations of different level and different societies. In the context of the research topic the article examines scientific approaches of understanding the phenomenon of constitutionalism, con-cepts of natural law and legal positivism. It is noted that the essence of the phenomenon of "constitutionality of legal acts", as well as the content and scope of the concept is revealed through the competition of the Constitution as an act of primary power of the people and regulations (legal acts) as decisions of state bodies. The people, entrusting their power to the state, nevertheless, forever reserve the right to control its correct implementation. The author reveals the concept of constitutionality of a legal act and characterizes the concept of unconstitu-tionality of a legal act. Particular attention is paid to such legal properties of constitutionality (unconstitution-ality) of a legal act as its objectivity, along with the official constitutionality (unconstitutionality) and the pre-sumptive constitutionality of legal acts.
{"title":"On the concept of constitutionality of legal acts","authors":"S. Riznyk","doi":"10.30970/JCL.2.2020.1","DOIUrl":"https://doi.org/10.30970/JCL.2.2020.1","url":null,"abstract":"The article is devoted to clarifying the concept of constitutionality of legal acts. Despite its particular importance, this problem remains not ultimately resolved in the constitutional and legal doctrine. At the same time, the essence of the phenomenon \"constitutionality of normative acts\", as well as the content and scope of the concept of the same name, can be fully revealed only after a preliminary and step-by-step understanding of phenomenon of the constitution, the purpose and roots caused the formation of the doctrine of constitutionalism, as well as practices of its usage in state-building and human rights activity by active participants of public relations of different level and different societies. In the context of the research topic the article examines scientific approaches of understanding the phenomenon of constitutionalism, con-cepts of natural law and legal positivism. It is noted that the essence of the phenomenon of \"constitutionality of legal acts\", as well as the content and scope of the concept is revealed through the competition of the Constitution as an act of primary power of the people and regulations (legal acts) as decisions of state bodies. The people, entrusting their power to the state, nevertheless, forever reserve the right to control its correct implementation. The author reveals the concept of constitutionality of a legal act and characterizes the concept of unconstitu-tionality of a legal act. Particular attention is paid to such legal properties of constitutionality (unconstitution-ality) of a legal act as its objectivity, along with the official constitutionality (unconstitutionality) and the pre-sumptive constitutionality of legal acts.","PeriodicalId":246696,"journal":{"name":"Ukrainian Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123635930","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Problems of evaluating the constitutionality of laws amending the Constitution of Ukraine","authors":"S. Riznyk","doi":"10.30970/jcl.4.2019.1","DOIUrl":"https://doi.org/10.30970/jcl.4.2019.1","url":null,"abstract":"","PeriodicalId":246696,"journal":{"name":"Ukrainian Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116757384","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Peculiarities of modeling the national electoral system in application of alternative election formulas","authors":"Bohdan Prudkyi, Karyna Soklakova","doi":"10.30970/jcl.4.2019.5","DOIUrl":"https://doi.org/10.30970/jcl.4.2019.5","url":null,"abstract":"","PeriodicalId":246696,"journal":{"name":"Ukrainian Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125635870","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
2, 1997. This allows us to indicate the continuation of the case law in statements referring to the rules arising from the principle of a democratic state of law. According to the established line of the case law of the Constitutional Court, the legislator, without important reasons, should not depart from the rules con-tained therein, because in this legal act the generally recognized rules of legislative proceedings have been cod-ified. The principles of legislative technique are a kind of canon that should be respected by the legislator of a democratic state of law. According to these principles the provisions of a legal act should be drafted so that they express the legislator’s intentions accurately and in a comprehensible manner for the recipients of the norms contained, and thus are precise, communicative and adequate to the intention of the legislator.
{"title":"Constitutional conditions of the legislative process in Poland - theory vs practice","authors":"Matsiei Serovaniets","doi":"10.30970/jcl.4.2019.2","DOIUrl":"https://doi.org/10.30970/jcl.4.2019.2","url":null,"abstract":"2, 1997. This allows us to indicate the continuation of the case law in statements referring to the rules arising from the principle of a democratic state of law. According to the established line of the case law of the Constitutional Court, the legislator, without important reasons, should not depart from the rules con-tained therein, because in this legal act the generally recognized rules of legislative proceedings have been cod-ified. The principles of legislative technique are a kind of canon that should be respected by the legislator of a democratic state of law. According to these principles the provisions of a legal act should be drafted so that they express the legislator’s intentions accurately and in a comprehensible manner for the recipients of the norms contained, and thus are precise, communicative and adequate to the intention of the legislator.","PeriodicalId":246696,"journal":{"name":"Ukrainian Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122948248","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The criminal procedure against people’s deputies of Ukraine in the context of the abolition of parliamentary immunity (or what/who affects the peaceful slumber of the deputies of Ukraine)","authors":"O. Kaluzhna","doi":"10.30970/jcl.4.2019.4","DOIUrl":"https://doi.org/10.30970/jcl.4.2019.4","url":null,"abstract":"","PeriodicalId":246696,"journal":{"name":"Ukrainian Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132002291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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