Конституционно конформное толкование законов и верховенство конституции

Abstract

The article is devoted to the specific features of constitutional conforming interpretation of the Constitution, based on systemic quality of law, harmonious and united character of the legal system. Conforming interpretation is a method for guaranteeing legal certainty, and it is one of the methods for overcoming gaps and conflicts in legislation. The basis of constitutional conforming interpretation is the idea of guarantees of implementation of constitutional norms as a directly applicable and efficient order, as well as polyvariety of application of constitutional provisions in the situation of lack of legal certainty. These factors are key to application of law and other normative acts only in those cases, when they meet constitutionality requirements. Based on comparative legal analysis, the author provides characteristic features of structure of constitutional conforming interpretation, which is defined by the object of legal regulation, administrative and judicial practice. The author formulates key approaches to overcoming legislative gaps and conflicts, which fail to meet the requirements of legal certainty, and they should be overcame by application of the norms of current legislation, which conform to constitutional values, norms, and principles. Ключевые слова: верховенство конституции, верховенство