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Scientific Journal of the National Academy of Internal Affairs

  • Received 19.09.2022,
  • Revised 09.12.2022,
  • Accepted 28.12.2022
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Vol. 27, No. 4, 2022
  • law-making; constitution; people’s deputy; law; constitutional regulation; legal awareness
  • https://doi.org/10.56215/0122274.62
  • Pages 62-73

The relevance of this study is conditioned upon the need to investigate individual elements of the constitutionalization content in the legislative procedure. The purpose of this study was to develop doctrinal approaches for determining the constitutionalization content in the legislative procedure. This study uses a complex of scientific methods: dialectical, modelling, and correlation, historical legal, comparative legal, formal logical, and other methods. The author’s definition of the term “constitutionalization of the legislative procedure” was formed. It was proved that constitutional legal awareness in the psychological aspect forms the vector of activity of subjects of public relations. This study focuses on the importance of the constitutional legal consciousness and legal culture of the legislator – the only representative body of Ukraine, the most numerous subject of legislative initiative. The study proved that constitutionalization of law-making begins with the understanding that the society, apart from the practical development of various benefits (admittedly, through the statutory regulation of relations from such development), is also developed through the spiritual component, various forms of culture, which contain ideals created by the history of humankind through which the world is cognized. It was noted that the key values receive regulatory consolidation of the highest constitutional level as human and civil rights and freedoms, the foundations of the constitutional system, etc. It was concluded that when the state is in transition, the society faces a crisis of legal regulation, when due to certain reasons, the law partially loses its status as the most effective and universal regulator of social relations. In transitional societies, in extreme cases, the term “law” may begin to be associated with inaction and hopelessness, which may result in a surge of legal nihilism (one of the manifestations of the phenomenon of deformation of legal consciousness, especially the constitutional one)

References

[1] Babenko, K.V. (2022). Development of constitutionalism as an element of modern legal culture in Ukraine. Bulletin of the Constitutional Court of Ukraine, 4, 99-106. Retrieved from http://nbuv.gov.ua/UJRN/Vksu_2010_4_25.
[2] Barabash, Yu.H. (2008). State-legal conflicts in the theory and practice of constitutional law. Kharkiv: Pravo.
[3] Berestova, I., Khotynska-Nor, O., Biryukova, A., Prytyka, Yu., & Lytvyn, I. (2020). Preliminary requests of the courts on the constitutionality of the law regulations as an element of interrelations between civil and constitutional processes. Retrieved from https://www.abacademies.org/articles/preliminary-requests-of- the-courts-on-the-constitutionality-of-the-rule-of-law-as-an-element-of-relationship-between-civil-and- con-9334.html.
[4] Blihar, V.S. (2020). Political science: Educational and methodical manual (in diagrams and tables). Lviv: Aral.
[5] Bocharova, N.V. (2020). Constitutionalization of intellectual property in the conditions of information society and knowledge economy. (Doctoral dissertation, Kyiv, Ukraine)
[6] Bratasiuk, M. (2005). Value approach to law in the context of modern legal methodology. Business, Economy and Law, 11, 3-7.
[7] Chernopyshchuk, Ya.V. (2013). Constitutionalization of the European integration process of Ukraine
(Doctoral dissertation, Odesa, Ukraine).
[8] Chornopyskyi, P. Constitutional reform as a manifestation of constitutional engineering in the practice of a separate state. Actual Problems of Jurisprudence, 4(12), 142-152.
[9] Husariev, D.S. (2006). Legal activity: Methodological and theoretical aspects (Doctoral dissertation, Kyiv, Ukraine).
[10] Inglehart, R. (2003). How solid is mass support for democracy – and how do we measure it? Political Science and Politics, 36, 51-57. doi: https://doi.org/10.1017/S1049096503001689.
[11] Kalynovskyi, B. (2022). Constitutional legality as a legal regime for the exercise of state power in countries in transition democracies (post-soviet states). ASTRA Salvensis, 1, 97-114.
[12] Kampo, V.M. (2020). To the question of the constitutional model of the functioning of the entrepreneurship institute in Ukraine in the conditions of globalization. In Promotion of Respect for Human Rights in the Field of Business in the Context of the Implementation of Sustainable Development Goals in Ukraine: A Collection of Scientific and Practical Materials (pp. 28-43). Kyiv: NAS of Ukraine, Institute of Economic and Legal Research, Human Rights Commissioner of the Verkhovna Rada of Ukraine.
[13] Khotynskа-Nor, O. (2020). Role of Confidence аnd Supply Chаin Strаtegy during Legitimizаtion of Justice in Countries of Trаnsitionаl Period. Retrieved from https://ojs.excelingtech.co.uk/index.php/IJSCM/ аrticle/view/4104/2066.
[14] Kolomiitsev, P.O. (2020). Constitutional  legality as  a method and purpose of exercising state power.
Entrepreneurship, Economy and Law, 6, 168-172. doi: https://doi.org/10.32849/2663-5313/2020.6.29.
[15] Koshova, O.V., Rabovska, S.Ya., Salenko, O.V., & Potapenko, A.V. (2022). Independence of the judiciary vs. ensuring the right to a fair trial in countries in transition. ASTRA Salvensis, 1, 115-131.
[16] Lemak, V. (2016). The technology of  constitutional reform: The main requirements of the European experience for Ukraine. Law of Ukraine, 6, 44-51.
[17] Martseliak, O. (2016). The role of the science of constitutional law in the constitutionalization of the legal system of Ukraine. Law of Ukraine, 6, 79-87.
[18] Martseliak, O.V., & Streltsova, O.V. (2017). Constitutionalization of the legal system of Ukraine: modern problems. Ehrlich Journal, 1, 74-81. doi: https://doi.org/10.31861/ehrlichsjournal2017.01.074.
[19] O’Donnell, G. (2004). Why rule of law matters. Journal of Democracy, 15(1), 5-19.
[20] Orzih, M.P., Yezerov, A.A., & Terletskyi, D.S. (2011). The Constitution of Ukraine in court decisions. Kyiv: Yurinkom Inter.
[21] Podorozhna, T.S. (2014). Theoretical and applied principles of constitutionalization of the legal system and modernization of the Constitution of Ukraine. Lviv: PAIS.
[22] Podorozhna, T.S. (2016). Legal order: Theoretical and methodological principles of constitutionalization.
Kyiv: Yurinkom Inter.
[23] Podorozhna, T.S. (2016). The principles of constitutionalization of the legal order as a normative basis for its provision. Law of Ukraine, 7, 153-161.
[24] Reuveny, R., & Li, Q. (2020). Economic openness, democracy, and income distribution. Comparative Political Studies, 36, 575-601. doi: https://doi.org/10.1177/001041400303600500.
[25] Rose, R., Mishler, W., & Haerpfer, C.W. (1998). Democracy and its alternatives. Understanding post- communist societies. Baltimore (MD): Johns Hopkins University Press.
[26] Rusynchuk, I.I. (2018). Constitutional legal awareness in the system of modern constitutionalism. In Edges of Law: 21st Century: Materials of the All-Ukrainian Scientific and Practical Conference (pp. 237-239). Odesa: Helvetyka.
[27] Salei, M.I. (2019). Constitutional legal awareness in the mechanism of action of constitutional values. Scientific Bulletin of the International Humanitarian University, 38, 20-22. doi: https://doi.org/10.32841/2307-1745.2019.38.5.
[28] Sartori, G. (2001). Comparative constitutional engineering: A study of structures, motives and outcomes.
Kyiv: ArtEk.
[29] Savchyn, M. (2019). Moral integrity of judges as a component of the rule of law. Word of the National School of Judges of Ukraine, 2(2), 6-22.
[30] Schedler, A. (2006). Electoral authoritarianism. The dynamics of unfree competition. Boulder (CO): Lynne Rienner.
[31] Skrypniuk, O.V., & Kmita, O.V. (2016). Constitutional legality, the basic guarantee of the principle of legality in Ukraine. Almanac of Law, 7, 20-25.
[32] Smolianiuk, V.F. (2016). Political system of Ukraine: Sources of stability and factors of destabilization.
Science and Information Bulletin of the National Security Academy, 3-4, 37-38.
[33] Stoiko, O.M. (2016). Transformation of political institutions in modern transitional societies. Kyiv: Institute of State and Law named after V.M. Koretsky National Academy of Sciences of Ukraine; Logos.
[34] Streltsova, O.V. (2015). Constitutionalization as a reflection of the tendency of legalization of social relations (theoretical aspect). Journal of the Kyiv University of Law, 1, 90-93.
[35] Streltsova, O.V. (2016). Constitutionalization as a doctrinal category: A conceptual analysis. Bulletin of Taras Shevchenko Kyiv National University, 1(102), 27-31.
[36] Terletskyi, D. (2014). Constitutional legal consciousness in the system of modern constitutionalism. Legal Bulletin, 5, 27-36.
[37] Tkachenko, Yu.V. (2001). Problems of constitutional legality in Ukraine (Doctoral dissertation, Kharkiv, Ukraine).
[38] Voloshyn, Yu.O. (2011). The phenomenon of constitutionalization of the international (supranational) legal order: basic concepts and implementation practice. Bulletin of the Mariupol State University, 1, 20-30. Retrieved from http://nbuv.gov.ua/UJRN/Vmdu_pr_2011_1_5.