ISSN 2410-3594
e-ISSN 2786-7382
UDC 34; 159.9
Scientific Journal of the National Academy of Internal Affairs
- constitution, human rights, constitutional complaint, Constitutional Court of Ukraine
- https://doi.org/10.33270/01211203.66
- Pages 66-70
The purpose of the article – is a constitutional complaint in Ukraine has become a new tool for the protection and restoration of human rights, the authority of which is constantly growing. In 2018 alone (as of September 17, 2018), 491 constitutional complaints were filed with the Constitutional Court of Ukraine. The number of complaints filed is constantly growing, due to several factors. Methodology. The methodological tools were chosen in accordance with the set goal, this article is an analysis of the domestic model of constitutional complaint in the context of the first experience of their consideration in the Constitutional Court of Ukraine. First, it is about the “novelty” of the constitutional complaint as a tool by which a person is able to protect themselves from state interference at the level of “law of Ukraine”, which was not previously within the national legal order. Secondly, in March-April 2018, the Constitutional Court of Ukraine reorganized its activities, creating the Grand Chamber, two senates and boards, which “launched” the mechanism for reviewing constitutional complaints in Ukraine. Scientific novelty. Although as of September 1, 2018, no decision has been made, constitutional proceedings in dozens of cases on constitutional complaints have reached the finish line and in the near future society will see the first decisions. Also, the nature of the constitutional complaint is being actively studied by domestic scholars. Conclusions. The constitutional complaint as a phenomenon is just beginning to be embodied in the constitutional practice of Ukraine
References
[1] Airian, K.B. (2014). Constitutional and legal essence of the institute “constitutional complaint”. Legal Bulletin of the University “KROK”, 18, 20-25.
[2] Airiian, K.B. (2014). The importance of introducing the institute of constitutional complaint for full protection and restoration of violated personal rights. Bulletin of the Bar Academy of Ukraine, 11(1), 19-26.
[3] Chornolutskyi, R.V. (2020). Constitutional complaint as a new institution of constitutional law of Ukraine. Social Kaleidoscope, 1(1). doi: 10.47567/bomivit.1-1.2020.03.
[4] Hultai, M. (2011). Experience of functioning of the institute of constitutional complaint in the Federal Republic of Germany and prospects of its introduction in Ukraine. Bulletin of the Academy of Legal Sciences of Ukraine, 3, 55-67.
[5] Hultai, M. (2012). Constitutional complaint as an institute of constitutional law. Word of the National School of Judges of Ukraine, 1, 111-120.
[6] Hultai, M. (2012). Constitutional complaint as a way to resolve the constitutional and legal dispute. Viche, 20, 8-11.
[7] Hultai, M. (2013). On the question of forming the doctrine of the constitutional complaint in Ukraine. Bulletin of the National Academy of Legal Sciences of Ukraine, 3, 117-127. Retrieved from http://nbuv. gov.ua/UJRN/vapny_2013_3_17.
[8] Hultai, M. (2013). Complete or normative constitutional complaint: Search for a national model. Bulletin of the Academy of Legal Sciences of Ukraine, 1, 24-33.
[9] Hultai, M.M. (2012). The idea of a constitutional complaint in the modern constitutional and legal doctrine of Ukraine. Journal of Kyiv University of Law, 2, 85-90.
[10] Constitutional complaints received by the Constitutional Court of Ukraine as of September 17, 2018. (n.d.). Retrieved from http://www.ccu.gov.ua/novyna/konstytuciyni-skargy-shcho-nadiyshly-dokonstytuciynogo-suduukrayiny-za-stanom-na-17-3
[11] Lemak, V.V. (2016). Constitutional complaint: the experience of Central Europe and possible lessons for Ukraine. Public Law, 4, 49-56.
[12] Lemak, V.V., & Petryshyn, O.V. (2017). Constitutional complaint in Ukraine: problems of the implementation mechanism. Bulletin of the Academy of Legal Sciences of Ukraine, 2, 79-88.
[13] Shcherbaniuk, O. (2018). Individual constitutional complaint as a means of ensuring constitutional democracy. Law of Ukraine, 12, 77-91. doi: 10.33498/louu-2018-12-077.
[14] Tkachenko, Ye., & Berchenko, H. (2018). The right to appeal with an individual constitutional complaint in Ukraine: Theoretical and practical aspects. Law of Ukraine, 12, 92-113. doi: 10.33498/louu-2018-12-092.
[15] Law of Ukraine “On the Constitutional Court of Ukraine” from July 13, 2017, No. 2147a-VIII. Official Gazette of Ukraine, 63, 25, 1912.
[16] Law of Ukraine “On Amendments to the Constitution of Ukraine (Regarding Justice)” from June 2, 2016, No. 1401-VIII. Official Gazette of Ukraine, 51, 8, 1799.