The role of treaties in constitutional law
Автор: Rudenko V.V.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Конституционное право
Статья в выпуске: 4 (35), 2022 года.
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The author analyzes the role of treaties in constitutional law and identifies three main functions of contracts. They have the role of a legal regulator, a legal fact and a form of realization of the constitutional rights. The article analyzes the concepts of treaties in constitutional law and constitutional-legal contracts. In order to understand the essence of constitutional-legal treaties, the author classifies these treaties according to their subject. According to the author, the emergence of new types of treaties in constitutional law does not indicate the convergence of public and private law, but only indicates the expansion of the scope of treaties in constitutional law, but does not affect the specifics of constitutional law as public law. There is an acute problem of determining the limits of legislative regulation of the issues of concluding and executing constitutional and legal agreements. The task of the legislator is to find such a legal regulation that would balance the freedom of contract with other constitutional values and would guarantee the implementation and protection of the constitutional rights of the parties. However, according to the author, the development of a unified set of legal norms regulating constitutional-legal treaties is inappropriate in view of the diversity and specificity of constitutional-legal treaties.
Treaty, constitutional-legal treaties, freedom of contract, functions of treaty, public law
Короткий адрес: https://sciup.org/14124946
IDR: 14124946