The nature of the constitution as an act of direct action through the prism of the theory of constitutionalization of the legal system

The article examines the nature of the constitution as an act of direct action. The role of the Fundamental Law of Ukraine in the process of constitutionalization of the legal system through the prism of decisions of the Constitutional Court of Ukraine is emphasized. It is noted that the adoption of the Constitution of Ukraine in 1996 objectively determined the possibility and necessity of a unique process of constitutional transformation of the legal system of Ukraine. The most important component, institutional factor of such transformations is recognized as the constitutionalization of the legal system. Constitutionalization determines the certainty of the parameters of mutual responsibility of the state and the individual, the state and civil society, and constitutional legality ensures the implementation of measures of legal responsibility for violations of constitutional principles and principles. On the other hand, constitutionalization involves the consistent coordination of doctrinal and normative means aimed at the formation of constitutional legal consciousness of legal subjects and the development of constitutional legal understanding in them. It is emphasized that it is in such a normative key that the direct effect of the norms of the Fundamental Law of Ukraine is possible. It is emphasized that in conditions of martial law, the supremacy of the Constitution of Ukraine and its principles, in particular the rule of law, the separation of powers, respect for human rights and freedoms, are the foundations of the democratic constitutional system of Ukraine. It is the Constitution of Ukraine in peacetime and in conditions of martial law that establishes the mechanism for introducing means of restricting human rights and freedoms. It is concluded that the direct effect of the Constitution of Ukraine emphasizes the principle of the rule of law and the prevention of contradictions between the Constitution of Ukraine and current legislation. Constitutionalization of the legal system has a dual purpose: on the one hand, it is designed to ensure the constitutional modernization of the legal order in the state, to increase its efficiency and quality, transforming it into new democratic legal foundations and subordinating it to the principles of the rule of law and the protection of human and citizen rights and freedoms; on the other hand, it contributes to the optimization, rationalization and constitutional and legal modification of the state system. Thanks to the process of constitutionalization, the supremacy of constitutional law is ensured.