DELIMITATION OF JUDICIAL JURISDICTION: CONSTITUTIONAL AND LEGAL ASPECT

Abstract

The purpose of the research. Resolving conflicts of jurisdiction is a complex issue. Therefore, the objective of this research is to substantiate the grounds for prioritizing the application of constitutional provisions to resolve jurisdictional conflicts. Methods. The formal-legal (dogmatic) method was employed to gain an essential understanding of the legal nature of judicial jurisdiction through a comprehensive analysis of the provisions of the Basic Law and procedural codes. The empirical method facilitated the identification and analysis of relevant judicial practice concerning the issue under study. The systems-structural method served as the basis for examining the judicial system as a unitary branch of state power, within which courts of various jurisdictions operate with equal status. The method of legal modeling was applied when formulating proposals to improve the constitutional and legislative regulation of judicial jurisdictional powers, in compliance with the provisions of the Constitution of Ukraine. Conclusions. Jurisdiction has been examined through its constitutional and legal framework and as a form of judicial specialization, with emphasis placed on its status as a fundamental principle of judicial proceedings. Furthermore, the key criteria for determining judicial jurisdiction are outlined; these can serve as a stepby-step test for resolving the issue of which specialized court should hear a case. Attention is also drawn to the need to ensure equal constitutional status for all judicial jurisdictions, with the aim of enshrining them in the fundamental legal act and limiting excessive interference by other branches of state power. The article analyzes the impact of newly adopted legal acts regulating the activities of state authorities on the delineation of judicial jurisdictions, and offers proposals for implementing predictable approaches to resolving disputes when assessing the constitutionality of acts of individual application.