JUDICIAL LAW-MAKING OF THE CONSTITUTIONAL COURT OF UKRAINE

The article is devoted to the issue of judicial lawmaking by the Constitutional Court of Ukraine. The nature of constitutional lawmaking by this body of state power is analyzed in terms of its place and role in the national legal system. Attention is focused on the procedure of constitutional proceedings carried out by the Constitutional Court of Ukraine to ensure the supremacy of the law and direct effect of the Constitution throughout the territory of Ukraine. The main features of classical normative legal acts are distinguished, and their comparative characteristics are compared with the decisions of the Constitutional Court of Ukraine. The formal separation of the Constitutional Court of Ukraine from the system of courts of general jurisdiction is emphasized, and attention is drawn to the impossibility of appealing its decisions. Conclusions are drawn regarding the «positive» and «negative lawmaking» by the Constitutional Court of Ukraine — special attention is given to negative lawmaking, which has been repeatedly implemented in practice and is a fundamental form of lawmaking by the aforementioned court. In order to achieve the goal of the research, the relevant provisions of the Constitution of Ukraine and the Law of Ukraine «On the Constitutional Court of Ukraine,» which regulate the lawmaking activity of the Constitutional Court of Ukraine, were considered. In the conclusion, the special status of the Constitutional Court of Ukraine in the national legal system and the presence of lawmaking powers in this body are emphasized due to their defining role in the process of implementing the main tasks of constitutional proceedings and maintaining the legal regime in Ukraine. The research results suggest the necessity of legally enshrining the concept of «negative lawmaking» by the Constitutional Court of Ukraine in the national legislation, which could be the first step towards expanding the lawmaking capabilities of judicial bodies.