Concept and system of constitutional legislation of Ukraine: approaches, problems, directions of solution.

Abstract

This paper analyses several approaches to interpretation of term ‘legislation’. Based on that, such definition as ‘constitutional legislation’ is formed, as well as systematical approach to the structure of constitutional legislation and necessity in establishing hierarchy of laws and regulations in special act are argued. It is presented that recent legal science defines ‘legislation’ in different ways, which is partially determined by vague definition of legislation ‘content’ per se. In this regard several main approaches may be applied. First, ‘broad’ approach which considers legislation as acts of lawgiver and regulatory acts by various regulatory bodies. Second, ‘narrow’ approach which includes only laws by themselves. In rare instances, legislation can be defined by researches as complex of sources of law. It is argued that presence of various interpretations and definitions cannot be allowed due to possible problems in practice, while applying the law. Therefore, it must be scientifically determined which of interpretations is fitting best and thus enshrine it in law. By analyzing Constitution of Ukraine, laws and codes, rulings of Constitutional Court of Ukraine it is proven that constitutional legislation shall be interpreted as a system of interconnected effective legal acts and international treaties of Ukraine, where Constitution has supreme legal power among them. Subsequent gradation of legal acts within the system of constitutional legislation based on their legal power was proposed. Drafts of legal acts to the Parliament of Ukraine, which were not passed eventually, were analyzed, as well as their advantages and disadvantages. It is argued that respective law shall be adopted in order to set the structure of system of legal acts of Ukraine. In such structure not only legal acts of government and legislative bodies (parliament, president, government) including international treaties, but also institutional and local acts as well as precedent-setting acts of Constitutional Court of Ukraine and European Court of Human Rights shall taken into consideration.