Constitutional complaint in Ukraine: theory and practice

Abstract

(en) The article covers issues of the essence, structure and mechanism for filing a constitutional complaint in Ukraine. The essence of the institute of a constitutional complaint is as the right of citizens to appeal to bodies of judicial constitutional control with a request the verifying the constitutionality of acts of power that violate their rights and freedoms. Authors determine the key structural elements of the constitutional complaint institute, in particular: subjects of the right of submitting a constitutional complaint; the subject of a constitutional complaint; grounds and conditions for the admissibility of the constitutional complaint; procedure for proceedings on a constitutional complaint. The identified elements of the constitutional complaint institute are analyzed in terms of their features of constitutional and legislative regulation both in Ukraine and in foreign countries. The emphasis is on acutely debatable issues of the implementation of human and citizen's right of appealing to the authority of constitutional jurisdiction with a constitutional complaint. The scientifically substantiated recommendations on the mechanism of the introduction and functioning in Ukraine of certain structural elements of the constitutional complaint institute, in particular the circle of entities, subject, grounds and conditions of acceptability of a constitutional complaint, are formulated.