CONSTITUTIONALISATION OF LEGISLATION UPON THE ADMINISTRATION OF JUSTICE AS A MANIFESTATION OF THE RULE OF LAW (EVIDENCE FROM UKRAINE)
CONSTITUTIONALISATION OF LEGISLATION UPON THE ADMINISTRATION OF JUSTICE AS A MANIFESTATION OF THE RULE OF LAW (EVIDENCE FROM UKRAINE)

Summary/Abstract: This study investigates the formal and material criteria of constitutionality of the law in the law enforcement activities of courts in the judicial system as the basis for implementing the rule of law. Research methods: methods of the doctrine of judicial law (applied, method of complex analysis, structural and functional method), dialectical, empirical, comparative legal, and Aristotelian. The study proved that the Supreme Court mainly does not apply the constitutional provisions in cases where the final judgement impacts further redistribution of budget funds. The study modelled the risks of violating the constitutional principle of a binding judicial decision, when the performance of the judgement is associated with a considerable redistribution of budget expenditures and the actual lack of funds in the current accounts of legal entities of public law containing exclusively protected items.

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