Constitutional Justice as a Factor of Formation and Development of Ukrainian Constitutionalism (part 1)

Аbstract. Over the twenty-eight years of its existence, the Constitutional Court of Ukraine has attracted a lot of criticism from the authorities and society, largely due to the imperfection of the legislation governing its activities. Therefore, changes in the organization of work of this respected institution are extremely relevant today and are eagerly awaited by experts, politicians and the public. In accordance with Article 147 of the Constitution of Ukraine, the Constitutional Court of Ukraine decides on the compliance of laws. Article 1 of the Law of Ukraine “On the Constitutional Court of Ukraine” stipulates that the Constitutional Court of Ukraine is a constitutional jurisdiction body that ensures the supremacy of the Constitution of Ukraine, decides on the compliance of laws of Ukraine and, in cases provided for by the Constitution of Ukraine, other acts with the Constitution of Ukraine, officially interprets the Constitution of Ukraine, and has other powers in accordance with this Constitution.

It has been proved that in the case of Ukraine, it can be said that by certain parameters it exists. However, it is unlikely that the mass of constitutional consciousness of citizens, the population as a whole, its strata and, most importantly, the constitutional order as a process and state of implementation of constitutional norms have reached high standards of constitutionalism. on the way to the Strategy for the Development of the Justice System and Constitutional Justice for 2021-2023, the main plan of the Strategy for the Development of Constitutional Justice is to identify priorities for improving constitutional and legal regulation, primarily in the selection of judges of the Constitutional Court of Ukraine, ensuring their integrity, professionalism, and Ukraine.

The main problems that determine the need to improve the activities of the Constitutional Court of Ukraine are

- the emergence of a mechanism for confirming the integrity of judges of the Constitutional Court of Ukraine, which makes it impossible to behave in bad faith, not to comply with the standards of professional ethics, and to tolerate corruption;

 - imperfection of the procedures for competitive selection of candidates for the positions of judges of the Constitutional Court of Ukraine;

- functional imperfection of the constitutional justice system;

- has appropriate mechanisms for bringing judges of the Constitutional Court of Ukraine to disciplinary responsibility;

- demonstrates mechanisms for monitoring compliance of the courts of the Constitutional Court of Ukraine with anti-corruption restrictions and prohibitions;

 - insufficient communication policy of the Constitutional Court of Ukraine;

 - insufficient level of public trust in the constitutional jurisdiction body in Ukraine.

  The transformations of constitutional regulation after Ukraine gained independence changed the paradigm of constitutional law understanding. It is based on the idea that constitutional regulation should ensure the growth of law over the state. It is impossible to equate law as an objectively existing substance with the law, which in turn can only reflect the subjectivity of the will of the state authorities.