 THEORETICAL AND APPLIED ASPECTS OF COMPREHENDING A NEW CONSTITUTIONAL DOCTRINE IN UKRAINEKateryna Holovko (),
Svitlana Levchenko () and
Oleg Dubinskiy ()
Baltic Journal of Economic Studies, 2019, vol. 5, issue 5 Abstract: The article is devoted to the research of the nature and essence of some aspects of the new constitutional doctrine in Ukraine. Attention is paid to the basic constitutional and legal concepts actualized at the present stage of development of Ukraine as a democratic, legal, social state and building a civil society in it. Emphasis is placed on the issue of constitutional changes in Ukraine that have taken place over the last decades, both in the form of modernization and reform. The author concludes that qualitative and substantial upgrading of the theoretical and methodological base should be an integral part of constitutional and legal reform. The positions of the leading constitutionalist scientists on the essence of the category of "constitutional and legal doctrine" are analyzed, the significance of the dualism of approaches to its definition and peculiarities of influence on the rulemaking processes and enforcement are revealed. In addition, the importance of not only the process of forming a modern doctrine of constitutional law, the clear definition of basic concepts and general problems that operate and exploring the constitutional law of Ukraine as a science and as a leading branch of national law, but also the process of renewal the categorical apparatus, the introduction of the legal circulation of new categories capable of creating a more solid scientific basis for constitutional law, is proved. The subject of the research is the theoretical and applied aspects of comprehending the latest constitutional doctrine in Ukraine. The purpose is a study of the nature and essence of transformational changes in the constitutional and legal doctrine of Ukraine in view of the transformation processes in society at the present stage. The methodological basis of the research is a set of methods and techniques of scientific knowledge. The methodological construction is based on a systematic analysis that determined its directions. The systematic approach in some issues was supplemented by an axiological (ideological) approach. In order to identify trends, patterns and features of the development of constitutional law as a branch of law in the system of national law of Ukraine such empirical methods as observation, description, comparison and inductive generalization were used. Logical and semantic method was used for formulation and in-depth study of the conceptual apparatus. The dialectical cognition method allowed us to explore the problems associated with the definition of particular theoretical constructs, basic concepts and categories used in the Ukrainian constitutional and legal doctrine. The application of methods of modeling, analysis, synthesis, generalization and analogy made it possible to formulate the conclusions of the research. The conclusions of the research is that the author found that the content of the constitutional reform cannot be reduced to the problems of renewal of the Constitution as a normative legal act or its separate provisions, because its implementation goes beyond the procedural issues and tasks of the legal technique. At the same time, an essential component a qualitative and substantial renewal of the categorical and terminological apparatus of the branch of constitutional law should be part and parcel of the constitutional and legal reform of Ukraine. Special attention also needs to be paid to scientific and analytical monitoring of the state of the introduced changes and forecasting of the socio-political and legal consequences of the transformations, which will allow to expeditiously identify and correct possible mistakes, as well as to make recommendations on further perspectives of the development of the constitutional and legal branch. The practical implications. The results of the research will help to better understand the basic aspects of the latest constitutional doctrine in Ukraine and can be used in the research branch to further study the issue of transformational changes in the constitutional and legal branch. Keywords: doctrine; constitutional doctrine; constitutional reform; constitutional law of Ukraine; constitutionality; constitutionalization; constitutionalism; constitution (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:bal:journl:2256-0742:2017:5:5:7 DOI: 10.30525/2256-0742/2019-5-5-47-53 Access Statistics for this article Baltic Journal of Economic Studies is currently edited by Anita Jankovska, Managing Editor More articles in Baltic Journal of Economic Studies from Publishing house "Baltija Publishing" |
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