THE PRINCIPLE OF DIRECT EFFECT OF THE NORMS OF THE CONSTITUTION AND THE SPECIFICS OF ITS APPLICATION BY THE COURT
Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 2, Issue 1
Abstract
The paper is devoted to the study of the principle of direct effect of the norms of the Constitution of Ukraine and the specifics of their application. The author mentions, that this principle applies mainly to the provisions on the rights and freedoms of a man and a citizen. There have been noted positive changes in the procedural legislation concerning the right of the court to apply the norms of the Constitution as rules of direct action in case the court concludes that the law is contrary to the Constitution of Ukraine. The author has analyzed the existence of a limited interpretation of the application of this principle in the criminal process. The conclusions give a description of the constitutional and legal mechanism of direct effect of the norms of the Constitution of Ukraine and indicates the positive expectancy of their use.
Authors and Affiliations
Tetiana BREZINA
Keywords
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- EP ID EP669288
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