Securing the principle of separation of power into legislative, executive and judicial on the constitutional level, unfortunately, doesn't except the existence of state and legal conflicts, the striking manifestation of which are jurisdictional disputes. The competence of the solution of jurisdictional disputes is provided with by the Constitutional Court.

Among the competence arguments are distinguished jurisdictional disputes a) between state organs of different branches of power (horizontal disputes) and b) between the State and its components (vertical disputes). To the first category of disputes refer the disputes on differentiation of competence between state organs of the different branches of power: Parliament, Head of State, Government, other organs of the executive power, organs of judiciary in different variants, between Parliament and Government, Parliament and Head of State, Government and organs of judiciary, etc., or the disputes within one power.

To the second category of disputes refer the disputes between: central organs of the state power and the territorial collectives, organs of local self-government, the Center and Autonomous entities in a unitary state; the Federation and its subjects in a federative state (Germany, Italy, Portugal, Russia).

In some states the power of organs of constitutional jurisdiction on the consideration of competence arguments is not distinguished separately. They solve competence arguments while realizing the other powers, particularly during the consideration of issues on constitutionality of normative-legal acts (Belarus, Ukraine), as well as while interpreting the Constitution and laws.

The Constitutional Court of the Ukraine has no power on solution of competence arguments. Possibility of the establishment of such powers in the law does not follow from the provision of the Constitution of the Ukraine. The latter establishes the limits of the regulation of the formation, the activity and the procedure of the consideration of cases by the Constitutional Court by the law.

However, in the Law on the Constitutional Court of the Ukraine in Section III "Specialties of constitutional process" there is separate Chapter 10 on the basis of which the Constitutional Court of the Ukraine solves jurisdictional disputes mostly during the consideration of issues on the conformity of laws and legal acts of Supreme Rada of the Ukraine, acts of the President, the Cabinet of Ministers, legal acts of the Supreme Rada of the Autonomous Republic of the Crimea, with the Constitution of the Ukraine, as well as in the process of the interpretation of the Constitution and the Laws of the Ukraine.

The right of petitions on jurisdictional disputes is given to the President of the Ukraine, to not less than 45 deputies of the Ukraine, to Supreme Court of the Ukraine, to Authorized Representative on Human Rights of Supreme Rada of the Ukraine, to Supreme Rada of the Autonomous Republic of the Crimea, that is this right given to those who can address presentations on issues of unconstitutionality of certain acts.

Among those, who has the right on constitutional presentation on jurisdictional disputes is absent the Cabinet of Ministers of the Ukraine, which is the highest organ in the system of executive power. At fact, the executive power is deprived of the possibility to argue legal acts that violate its powers, which is not quite right. Among the cases considered by the Constitutional Court of the Ukraine the most of jurisdictional disputes have occurred between the Parliament and the Head of State.