Constitutional Justice as a Factor of Formation and Development of Ukrainian Constitutionalism (Part 2)

Over the twenty-nine years of its existence, the Constitutional Court of Ukraine has attracted a lot of criticism from the authorities and society, largely due to the imperfections in the legislation governing its activities. Constitutional control is a set of legal means by which the implementation of constitutional norms is ensured, the procedure for verification of acts of power, including general norms, is carried out, and in case of contradiction to the Constitution, the lower-level norms adopted in accordance with them are declared unconstitutional. The basis of this control is compliance with the principle of constitutional supremacy. Constitutional review is a topic of great importance in the study of not only constitutional law, but also other branches of law. In order to understand the control mechanism, it is necessary to find out what norms this mechanism will affect. In general, it can be said that primary norms, regardless of which ones are based on the Constitution itself, are the normative means subject to such control. Thus, control (vertical compatibility analysis) stems from the rigidity and supremacy of the Constitution, which implies the concept of normative scaling, where the Constitution occupies the top of the pyramid, being the basis for the validity of all other norms. The exercise of constitutional control is possible only if there is a constitution as such, while the norms of the constitution must be formally defined and have higher legal force than the norms of all other acts. The main object of constitutional control is the Constitution, and the sole task of the Constitutional Court of Ukraine is to guarantee the supremacy of the Constitution of Ukraine as the Basic Law of the state throughout Ukraine. The Constitutional Court of Ukraine as the body exercising this control guarantees the supremacy of the Constitution of Ukraine and ensures constitutional legality based on the rule of law, which is important for the formation of the legal framework for modern transformations in the state and society. Keywords: constitutional proceedings, constitutional control, constitutional justice, rule of law, public authorities, legal force, legal systems, constitutional regulation, regulations, decisions.