FORMATION OF THE INSTITUTE OF CONSTITUTIONAL CONTROL AS A MANIFESTATION OF NATIONAL IDENTITY IN THE SPHEREOF INTERNATIONAL LAW

Abstract

As a rule, the values that constitute national identity are given constitutional and legal significance. They are provided with appropriate legal protection, which is why constitutionalists use the concept of “constitutional identity”. This phenomenon can be understood, on the one hand, as the cultural code of a nation, encrypted by constitutional norms, unwritten principles, legal doctrines, and, on the other hand, as sections and provisions of the constitution that are difficult to change. Based on this, one of the important manifestations of the national identity of states is the activity of constitutional control bodies. In the modern world, constitutional control, the main goal of which is to protect democracy and human rights and ensure their functionality, is a system and institution of global significance. The specificity of this system at the country level is manifested in the body authorized to exercise constitutional control, as well as in the specific persons authorized to exercise the powers granted to this body. From this point of view, as in many European countries, the Constitutional Court and the individual judges who are part of this institution represent a specific form of constitutional review system in our country. The main point to be emphasized regarding the legitimacy of constitutional review is the position of the judges of the Constitutional Court, who personify this system. As regards the question of the legitimacy and democratic nature of the elections of members of the Constitutional Court, the solution applied throughout the world is that some or all members of the court are elected by the legislative assembly. The article examines the formation of the institution of constitutional control, its rapid development and compliance with global trends. It is noted that today, in connection with global changes in the development of various states, cooperation with international organizations, as well as in-tegration processes, national regulation in matters of constitutional control has changed significantly, taking into account the national characteristics of countries, state structure and other conditi-ons in legislation