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SvitlanaMELNYCHUK, 

Associate Professor, Management and Business Administration Educational and Scientific Institute of Postgraduate Education and Distance Learning Precarpathian National University. V. Stefanyk, Candidate of Law,                Associate Professor

THE LEGAL POSITION IN ACT OF THE INTERPRETATION FORM LAW-MAKING ACTIVITIES.

The modernization of the legal system promotes the improvement of methodological approaches research categories and effects of legal science. The modern vision of the traditional legal categories and phenomen ashouldem body the views as a positive and natural law. Such symbios is appears to some extent novel against the back drop of established beliefs formed during the Soviet period.

But it over comes the usual academic approach the characterization of the legal categories that relevantin the light of the national leg is lation harmonization related to integration processes and the impact of globalization in general. The Constitutional Court of Ukraine is the subject of an official interpretation of the Constitution and laws of Ukraine. The author considers the legal positionas a legal category – a result of the official interpretation that emphasizes its law-making character. The legal position laid in the interpretative acts of the Constitutional Court of Ukraine. They have normative signs which remind of signs law-normative act. The legal position is a science of understanding the sources of law. They are contained in acts of official interpretation of all kinds, except internal organization. These positions can be applied in practice, as enshrined in acts of the Constitutional Court, the provisions of regulations have legal significance for the regulation of social relations. This provides an opportunity to review well-established phenomenon in other hand. The question of delimitation of law-making and official interpretation is debatable. Legal science ambiguous attitude to this. In this are at here are many questions to which there are no clearanswers. Some of the mare controversial. Delimitation of law-making from the official interpretation, taking into account the current realities, have a conditional character. The activity of the Constitutional Court of the official interpretations hould beregardedas a specialkind of law-making - interpretative law-making. The legal position is aneffectivesource of modern Ukrainia nlaw.

Keywords: legal position of the Constitutional Court, interpretational law-making, the officia linterpretation of the law, thesource of law, regulatory, legal thinking, law, state.

References

Shevchuk S.V. General theoretical problems of normative acts of judicial power: dis. … Dr. jurid. Science: special. 12.00.01 / National Law Academy of Ukraine named after J. Wise. Kharkiv, 2008. 374 p. [ukr.]

Tkachuk P. Legal positions of the Constitutional Court of Ukraine Bulletin of the Constitutional Court of Ukraine. 2006. № 1. S. 10–21. [ukr.]

Selivanov A. Characteristic features of doctrinal supremacy and immutability of legal positions of the Constitutional Court of Ukraine. Bulletin of the Constitutional Court of Ukraine. 2011. № 4–5. Pp. 50–56. [ukr.]

Khrystova G.O. Legal nature of acts of the Constitutional Court of Ukraine: author's ref. dis. for science. degree of Cand. jurid. Science: special. 12.00.01 / G. O. Hristova. Kharkiv, 2004. 20 p. [ukr.]

Alekseev S.S. State and law. Initial course / Alekseev SM, 1994. 192 p.[russ.]

Campo V. Legal positions of the Constitutional Court of Ukraine as a necessary element to ensure judicial and legal reform. Bulletin of the Constitutional Court of Ukraine. 2010. № 2. S. 112–122. [ukr.]

Bryntsev V. D. Judicial constitutionalism in Ukraine: doctrine and practice of formation. Kharkiv: Pravo, 2013. p. 135–195. [ukr.]

Khrystova G. On the question of the content of the principle of finality of decisions and conclusions of the Constitutional Court of Ukraine in the light of constitutional and legal reform. Bulletin of the Constitutional Court of Ukraine. 2006. № 4. p. 49–56. [ukr.]

Zorkin V.D. Precedent nature of decisions of the Constitutional Court of the Russian Federation. Journal of Russian law. 2004. № 12. p. 3–9.[russ.]

Gadzhiev G.A. Legal positions of the Constitutional Court of the Russian Federation as a source of constitutional law. Constitutional Law: The Eastern European Review. 1999. № 3 (28). Pp. 81–85.[russ.]

Bondar NS Judicial constitutionalism in Russia in the light of constitutional justice. M .: Norma, Infra-M, 2011. 544 p. [russ.]

Kampo V., Hryniuk R., Ustymenko V. The system of sources of law in the acts of the body of constitutional justice: problems of theory. Bulletin of the Constitutional Court of Ukraine. 2013. № 2. p. 62–79. [russ.]

Bryntsev V. D. Judicial constitutionalism in Ukraine: doctrine and practice of formation: monograph: in 2 books. Kharkiv: Pravo, 2012. Book. 1. 390 p. [russ.]

Mickiewicz A. V. Acts of the highest bodies of the Soviet state. Legal nature of normative acts of the highest bodies of state power and administration of the USSR. M .: Jurid. lit., 1967. 175 p.[russ.]

Explanatory dictionary of the modern Ukrainian language / style. I.M. Killer. K .: Ariy, 2007. 468 p. [ukr.]

Constitutional law of Ukraine: textbook / ed. Y. M. Todyky, V. S. Zhuravsky. K.: Vid. In Jure House, 2002. 663 p. [ukr.]

Cappeletti M. The Judicial Process in Comparative Perspective / Cappeletti M. [engl.]