Implementation of the Constitution of Ukraine as an act of direct action through the prism of law enforcement practice

Abstract

The article examines the property of the Constitution of Ukraine as an act of direct action through the prism of law enforcement practice. It is emphasized that the issues of interaction between the courts of Ukraine and the Constitutional Court of Ukraine regarding the application of the provisions of the Constitution of Ukraine of June 28, 1996, in particular regarding the consequences of decisions, are of great importance for ensuring legal certainty, predictability of law enforcement practice within the entire legal system, and effective protection of human and citizen rights and freedoms. The direct application of the Constitution of Ukraine by courts is not only a theoretical construct, but also a necessary element of the functioning of a fair and effective judicial system that ensures the protection of human and citizen rights and freedoms. The application of the provisions of the Constitution of Ukraine without indirect regulatory legal acts is one of the forms of direct implementation of the Constitution. This is necessary to ensure the supremacy of the Constitution as the Fundamental Law of the State, as well as effective protection of human rights, effective and fair justice. It is noted that the direct effect of the norms of the Constitution is a legal property of the norms of the Fundamental Law, which has a legal character, expresses the rule of action and implementation of the norms of the Constitution regardless of the presence of regulatory legal acts that specify them. This property is not limited by anything, that is, even in the case of the need to detail constitutional norms, such specification is carried out on the basis of constitutional legal provisions and is aimed only at their development for the purpose of practical implementation. And the application of the Constitution of Ukraine, especially in the activities of the courts, is a process by which this property is ensured. It is emphasized that direct effect is a property and principle of the Constitution as an act of higher power, which does not provide for a dynamic characteristic of the process of applying constitutional norms. And it is precisely in the possibility of their direct application in ensuring the implementation of the rights and legitimate interests of citizens of Ukraine, in particular in the implementation of their judicial protection, that the value of constitutional norms lies. It is concluded that the principle of direct action of the Constitution of Ukraine transforms it from a political document that establishes statehood into a political and legal legal document. The direct action of the Constitution is the basis of the legal system, the system of law enforcement, and constitutional norms are the foundation for the system of law and all branches of legislation, which, given the higher legal force of the Constitution, should not contradict them. It is emphasized that the direct action of the Constitution is perceived as the possibility of direct implementation of its legal norms. At the same time, constitutional norms are capable of application regardless of their specification in sectoral legislation.