Sąd Konstytucyjny Ukrainy. Problem niezawisłości w świetle wybranych orzeczeń o tematyce ustrojowej

• Authors: Magdalena Swoboda
• Languages of publication: PL

Abstracts

EN

Ukraine still tries to solve the problem of her communism history. Creating well- -working institutions not only depends on time, but also on appropriate law and the human factor. The Constitutional Court of Ukraine is the sole body of the constitutional jurisdiction in Ukraine. The Constitutional Court guarantees the supremacy of the Constitution of the Ukraine as the fundamental law of the state. His activity is based on the principles of the rule of law, independence, collegiality, openness, comprehensive examination of cases and the soundness of the decisions it adopts. The main aim of the publication is, basing on the four select judgments of the Court together with expressed in relation to them the dissenting opinions, to show the main problem of the constitutional jurisdiction in Ukraine, the principle of independence. The judgment of the Constitutional Court from 28th of December 2003 concerns controversial around possibility of choosing Leonid Kuchma for the third presidential cadency. Three judges expressed descending opinions according to this judgment. The judgments from the 26th of June 2008 and 6th of April 2010 are about the deputy’s status in Ukrainian parliament, to specify, about creating factions by deputies. The last discussed judgment, from the 30th of September 2010, is about constitutional amendment from December 2004. The Court rejected the amendment and ordered going back to the previews version of constitution, what caused controversial. The brief summary attempts to explain the roots of the problem of jurisdiction independence in Ukraine. The publication is written on Ukrainian materials.

• Publisher: Księgarnia Akademicka
• Journal: Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego
• Year: 2012
• Issue: 3(21)
• Pages: 341-353

Contributors

author

Magdalena Swoboda

• Uniwersytet Jagielloński