Problems of implementation of the constitutional complaint in Ukraine and ways to resolve them

Keywords: constitutional complaint, the Constitutional Court of Ukraine, constitutional proceedings, constitutional rights and freedoms, the normative constitutional complaint

Abstract

The article explores the problems of implementation of the constitutional complaint in Ukraine and proposes ways of its solving. The article analyses the jurisprudence of the Constitutional Court of Ukraine clarifies the admissibility criteria of the constitutional complaint in Ukraine, the procedural filters and proposed solutions of problems to improve the protection of rights and lawful interests of persons. The analysis of the content of the constitutional complaint indicates that the Constitutional Court of Ukraine is most often addressed the citizens of Ukraine with a petition regarding the implementation of the right of everyone to judicial review (in particular, cassation in cases of minor difficulties in administrative proceedings). Also appealed to the citizens with constitutional complaints in relation to social issues to protect their rights stipulated in the legislative acts that have undergone changes, in particular, with respect to the social (pension) insurance of certain categories of citizens (police, military, civil servants, prosecutors).

While the Board and the Senate of the Constitutional Court of Ukraine often refused to open constitutional proceedings on the grounds of inadmissibility of the constitutional complaint (paragraph 4 of article 62 of the law of Ukraine on the constitutional Court of Ukraine), which is indicated at 136 decisions of Collegium of judges and 8 resolutions of the Senates.

It is concluded that the mechanism of the submission and consideration of the constitutional complaint, the algorithm of selection (filtering) of the constitutional complaints needs significant improvement with consideration for the European experience. In our opinion, the legal effect of the constitutional-legal institution will be made only in connection with the introduction of a complete, not normative constitutional complaint, which will significantly increase the responsibility of subjects of law-making, law enforcement, protection of human rights and ensure the authority of the Constitution of Ukraine.

References

Rufner, V. (1994). Dejstvy`e osnovnыx prav v sfere chastnogo prava [Gosudarstvennoe pravo Germany`y`]. T. 2. 187.
Anality`chny`j zvit shhodo zaprovadzhennya insty`tutu konsty`tucijnoyi skargy`. (2018). 5 [in Ukrainian].
Published
2020-04-15
How to Cite
Shcherbanyuk, O. (2020). Problems of implementation of the constitutional complaint in Ukraine and ways to resolve them. Law Review of Kyiv University of Law, (1), 93-99. https://doi.org/10.36695/2219-5521.1.2020.17
Section
Constitutional law. Municipal law