Issue: № 5/2, 2021
Doi: https://doi.org/10.37634/efp.2021.5(2).6
This paper discusses a number of issues related to the structure, status and powers of constitutional control bodies in the post-Soviet countries. The differences between these institutions and the body of constitutional control of Ukraine are analyzed. Particular attention is focused on the key features of the constitutional review body in each of the countries. Thus, a key feature of the Constitutional Court of the Russian Federation is its right to abolish normative legal acts not only at the federal level, but also by the subjects of the federation. Studying the provisions of the Constitution of the Republic of Belarus, it should be noted that the Constitutional Court of Belarus is empowered to decide issues on the compliance of acts of the Supreme Economic Court with the provisions of the Constitution. A key feature of the Kazakhstan constitutional review body is the powers it has been given to review only those laws passed by parliament that have not yet been signed by the President. A specific feature of the status of judges of the Constitutional Court of the Republic of Lithuania is the consolidation of sufficiently high qualifications for candidates in the provisions of the Constitution. No judge can hold office for no more than one term, which is 9 years. The system of constitutional control in Georgia cannot boast of a large number of features. So, they include the absence of a separate section in the Constitution that would regulate the procedure for carrying out constitutional proceedings, as in most countries – only a separate article is devoted to this provision. On the basis of the conducted advancement of the proponation of the idea and the provision of the Constitutional Court of Ukraine, more importantly, from the dispute, the competence of the state bodies is based. It is proponated to propose the lineage of the seat of the court.
Keywords : Constitution, constitutional review, Constitutional Court, constitutional legal proceedings, post-Soviet countries
References:
1. Piluk S. V. Modern models of constitutional control. Law forum. 2012. № 3, pp. 550–557 (in Ukrainian).
2. Zakomorna E.A. The role of the institute of the constitutional control in the course of providing the stability of the constitutional development (on the example of post socialist countries of Eastern Europe). State building and local self-government. Collection of scientific works. 2011. № 22, pp. 96–105. (in Ukrainian).
3. Miklashevich, P.P. Development of constitutional control in the Republic of Belarus in modern conditions. URL: https://pravo.by/pravovaya-informatsiya/pravo-sovremennoy-belarusi-istoki-uroki-dostizheniya-i-perspektivy/razvitie-konstitutsionnogo-kontrolya-v-respublike-belarus-v-sovremennykh-usloviyakh/ (in Russian).
4. Ostapovich, I.U. Constitutional Council of the Republic of Kazakhstan: issues of theory and practice. 2005. 25 p. (in Russian).
5. The Constitution of Ukraine: Law of Ukraine of June 28, 1996 № 254k / 96–VR. URL: https://zakon.rada.gov.ua/laws/ show/254к/96-вр#Text (in Ukrainian).
6. On the Constitutional Court of Ukraine: Law of Ukraine of 13.07.2017 № 2136–VIII. URL: https://zakon.rada.gov.ua/ laws/show/2136–19#Text (in Ukrainian).
7. Constitution of the Russian Federation. URL: http://duma.gov.ru/news/48953/ (in Russian).
8. Constitution of the Republic of Belarus. URL: https://pravo.by/pravovaya-informatsiya/normativnye-dokumenty/konstitutsiya-respubliki-belarus/ (in Russian).
9. Constitution of the Republic of Kazakhstan. URL: https://www.akorda.kz/ru/official_documents/constitution (in Russian).
10. Constitution of the Republic of Lithuania. URL: https://www.lrs.lt/home/Konstitucija/Konstitucija_RU.htm (in Russian).
11. Constitution of Georgia. URL: https://matsne.gov.ge/ ru/document/view/30346?publication=36 (in Russian).
