Podorozhna T. S. Ensuring effective legal order in the context of the realization Constitution of Ukraine
In this paper we investigate the direct effect of the rule of law, in particular the rules of the Basic Law. Noted that the implementation of the provisions of the Constitution of Ukraine allows you to create a real legal basis on which to form a national legal order. Observed that the constitutional provision effective, if set up in the context of its specificity (in accordance with) the norms of sectoral legislation generally applied and enforced, and the basis for the constitutionalization of national legislation is the principle of the rule of law. The attention that the content and validity of the Basic Law defines democracy, stability and social efficiency of government and public institutions, and on this basis – the embodiment of national regulations in the real activity of the subjects of law, the conversion of their claims on good behavior.
The principle of direct effect of the Constitution can be considered in two aspects – the broad and narrow. Broadly speaking, the direct effect means that the Constitution establishes its rules a legal order which exists or should exist in our country. The Constitution thus are the basic categories of the society, state, status. Thus, in this case the rule is not directly applicable to appeal to each individual provisions of the Constitution and in the assessment of the overall impact on the political, economic and social structure of society and the state.
The direct effect of the Constitution narrowly reflected in the fact that it is in principle be implemented regardless of specifying its regulations. In this respect, the perception of the Constitution as a legal act has become a natural part of social and legal reality. The direct effect of provisions of the Constitution provides for direct regulation of social relations that arise. Without exception, all citizens of Ukraine and their associations to protect their rights and freedoms, civil servants, state and local authorities in their work, courts of particular have the right to invoke the provisions of the Constitution. Very often there are situations when between the Constitution and the regulations there is no consistency. When adjusting for homogeneous within a single system of national legislation meets a large number of contradictions and inconsistencies, which reduces its effectiveness and credibility of uncertainty. Very often there are situations when between the Constitution and the regulations there is no consistency.
When adjusting for homogeneous within a single system of national legislation happens many contradictions and inconsistencies, which reduces its effectiveness and credibility, causing instability. The Constitution of Ukraine, as the basic law of the state and society, the foundation serves the entire legal system, its systematizing factor. It establishes a hierarchy of sources of law system, interconnected basic principles of society and the state, and thus regulates konstytutsionalization law. In this case konstytutsionalization understood as embedded in law legal system based on the rule of the Constitution. This Constitution integrates the content of legal regulation of a certain range of public relations, resulting in the establishment of the status of the person the order of society and the state in their interaction.
The Constitution of Ukraine, as the basic law of the state and society, the foundation serves the entire legal system, its systematizing factor. It establishes a hierarchy of sources of law system, interconnected basic principles of society and the state, and thus regulates konstytutsionalization law. In this case konstytutsionalization understood as embedded in law legal system based on the rule of the Constitution. Іn the implementation of constitutional provisions should be made clear that the Constitution can be done and what should be beyond its capabilities.
And when it comes to what can be provided by the Constitution, it is important to find out how its effectiveness depends on the degree of implementation. Constitution and acts adopted in certain conditions – political, economic, social, spiritual, which can contribute to implementation of the provisions of this or interfere. If the political sphere of society is more or less stable condition, works effectively economic system has developed certain social infrastructure, constitutional principles and rules will be implemented, implemented.
Otherwise, they will fail. It is this balance between constitutional provisions and established system of social relations can be called effective legal (including constitutional and legal) order in the state.
Key words: Constitution of Ukraine, the implementation of the Constitution, the constitutionalization, legislation, legal order, the legal system.
