Prospects of Transformation of the Institution of Constitutional Justice in the Course of Armed Conflicts

Author:

Shemchuk Viktor1ORCID,Khmaruk Taras2ORCID,Stohova Olha3ORCID,Shamruk Nataliia4ORCID,Karmazina Catherine5ORCID

Affiliation:

1. Department of Theory of Law, Constitutional and Private Law, Faculty No.1 of the Institute for the Training of Specialists for Units of the National Police, Lviv State University of Internal Affairs.

2. Secretary of the Ostroh Town Council of the Rivne Region, 35800, Ostroh, Ukraine.

3. Department of Fundamental Jurisprudence and Constitutional Law, Academic and Research Institute of Law, Sumy State University.

4. Department of Theory and History of State and Law, Constitutional Law, Academy of the State Penitentiary Service, 14000, Chernihiv, Ukraine.

5. Secretary of Odessa Regional Bar Council, 65026, Odesa, Ukraine.

Abstract

The objective of the article was to consider the current state and prospects of the transformation of the institution of constitutional justice in the course of armed conflicts. Observational and comparative methods were the main methodological tools. The research showed that constitutional courts must apply a specific method of judicial constitutional control during armed conflicts. Most of the complaints and appeals of the population to the constitutional courts seek clarifications on the constitutionality of the rules on social guarantees of the military, the rights of refugees. Constitutional interpretation of legislative provisions of the Republic of Azerbaijan, consideration of complaints of constitutional courts of Germany and Ukraine are examples of countries' reactions to armed conflicts. The conclusions confirm the need to transform the institution of constitutional justice, which becomes the main defender of the constitutional system and its principles during armed conflicts. In this vein, it is urged to increase the rate of scientific capital in the judiciary to improve the process of reform of the Constitutional Court in these difficult conditions experienced by Ukraine.

Publisher

Universidad del Zulia

Subject

General Economics, Econometrics and Finance

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