Institute of Constitutional Control: Methodological Aspects of the Research

Abstract

The article deals with the methodological aspects of the scientific development of the institute of constitutional control. It is determined that constitutional control, on the one hand, is the result of practical experience, on the other hand, is a number of heterogeneous and often contradictory, doctrinal views on the law, its genesis and principles of functioning, the state, power, and its limitations. It is substantiated that various manifestations of chaos and nonlinearity are inherent for the constitutional control, therefore one of its main purposes, which it carries out through the interpretation (normative and casual), is precisely in overcoming of the relativity.

The author determines the components that collectively create constitutional control: 1) varieties and variants of constitutional control; 2) the institution of constitutional control in the system of public authority, its significance in the mechanism and relations with other elements of public (state) power; 3) the essence of constitutional control, its genesis; 4) the body of constitutional control in the system of checks and balances, positioning in the system of supreme bodies of state power; 5)  functions of constitutional control, powers of the body of constitutional control, factors that determine and ensure them; 6) method (order) of formation of the body
of constitutional control, means of its optimisation, methodology of work, clarification of the criteria of conformity of the toolkit;
7) the competence of the body of constitutional control, optimisation in accordance with the requirements of the national legal system;
8) the status of a member of the body of constitutional control; 9) composition, structure, forms of activity of the body of constitutional control, determination of conformity of its functioning with objectives and tasks; 10) doctrinal maintenance of constitutional control.

It is substantiated that the definition and consideration of the most relevant elements of the institute of constitutional control as the dominant in the research at the theoretical level will enable to optimise and systematise knowledge about constitutional control, and from a practical point of view, to increase the efficiency of work, eliminate or level off existing deviations, bringing forms of social organisation closer to their perfect condition.