CONSTITUTIONAL COURT IN THE SYSTEM OF PUBLIC AUTHORITY: THEORY AND PRACTICE

Аннотация

This article defines the specific features of the Constitutional Court, characterizing it as the only body of state power exercising judicial constitutional control, ensuring the unity of the legal space and law enforcement practice. The role and place of this Court as a state authority exercising the functions of judicial constitutional control in the system of state building, based on the principle of separation of powers, is determined by a number of factors. Therefore, the status of the Constitutional Court is revealed only as a specific authority in the state mechanism, but also as a full-fledged judicial body – the highest judicial body for the implementation of constitutional control. The place and role of this Court as a body of judicial power with a special legal status is characterized by its exclusivity in the judicial system. It differs significantly from other judicial bodies in its competence and terms of reference, the nature of the cases under consideration, the types of decisions made and their legal force, their place in the judicial system and the implementation of a special type of justice. The author analyzed the opinions of leading scientists in this field.