The Constitutional Court of Ukraine and its Role in the Constitutional Process: the Experience of the Period of Independence

Problem setting. The issue of constitutional justice is extremely important for the so called countries of young democracy, where the adoption of constitutions must take place not only according to the strictly regulated constitutional procedure, but also it must comply with the spirit of the fundamental principles and values. A constitution for these countries is a plan which determines future social and state development. For Ukraine it is about its formation as the democratic and social state which effectively cooperates with the developed civil society and protects and ensures human rights and freedoms. It’s quite obviously that existence of an effective, impartial and politically neutral constitutional system of justice is one of the main guarantees
of such kind of adherence to the procedural norms while modernization of the constitution as well as preserving the original state and lawmaking guidelines. Analysis of reсent researches and publications. Taking into consideration scientific and
practical importance of legal analysis of the role of the Constitutional Court of Ukraine in the constitutional process of Ukraine during the modern and independence periods it’s worth taking into consideration those factors which make such kind of research actual in the context of the modern condition of state and society. They include the following elements: (1) issue of organization of activity of the only organ of constitutional jurisdiction. That means not only procedure and order of case hearing conducted by this organ of state power but also more common problem of its role and place in the system of state organs of the modern Ukraine. (2) further strengthening in Ukraine of legal state principles directly involves improvement of the system of constitutional control. (3) while describing the constitutional process in the modern Ukraine it is worth remembering that its interpretation can’t be limited to those periods when amendments to the constitution take place. A target of research. A target of the paper is analysis of the role of the Constitutional Court of Ukraine in the process of constitutional modernization in the modern Ukraine. We pay attention at the role of the constitutional jurisdiction in the insurance of the supremacy of the Constitution principle.The paper’s main body and conclusions. The analysis of the role of the Constitutional Court of Ukraine can be summarized in the following way. First of all, the update of the Constitution and constitutional legislation in a whole contains drafting of a number of norms which could help to get rid of loopholes in the regulation of activity of this organ of the constitutional jurisdiction which exist in the modern Ukraine. Until today there is unregulated issue of detailing of the powers of the Constitutional Court
of Ukraine concerning determination of the order and terms of making decisions and drawing the conclusions. In this sense it’s important to make the requirements to the text of the decisions of the Constitutional Court of Ukraine alone in the process of improvement of the Constitution of Ukraine more concrete to preserve its wrong interpretation by the subjects who exercise the law positions of the only organ of the constitutional jurisdiction in the future. The form of application to the Constitutional Court of Ukraine on the matter of giving the conclusion on compliance of the draft law on amendments to the articles 158 and 159 of the Constitution is worth being created. These and other issues must find adequate answers in the process of the constitutional modernization as well as of the Constitutional Commission.