Constitutional complaint in the context of the principle of the rule of law

Abstract

As a direct manifestation of the implementation of the rule of law, it is necessary to consider the direction of the activities of theauthorities and their officials to ensure fundamental, inalienable human rights.Although part 1 of Article 55 of the Law “On the Constitutional Court of Ukraine” does not directly stipulate the protection offundamental constitutional human rights and freedoms, its legal nature as an individual instrument predetermines its inextricable linkwith the need to protect (restore) the rights of a specific identified person or group of persons. Even if, as a result of consideration ofthe complaint, a systemic problem of the constitutional legal order is highlighted, the protection of which, first of all, the activities ofthe Constitutional Court of Ukraine are directed, this does not change the nature of the constitutional complaint as an individual instrumentfor protecting rights.The legal specificity of a constitutional complaint is that it concerns a specific violated constitutional right belong to a specificsubject, while it also acts as a means of ensuring the supremacy of the Constitution of Ukraine.The article examines the problems of the implementation of a constitutional complaint, the essence, specifics, signs of a constitutionalcomplaint in the context of the principle of the rule of law, identifies controversial issues of a theoretical and practical natureon the implementation of the right to a constitutional complaint.In particular, the Law defines a constitutional complaint through the procedural concept of “petition”, which seems to be terminologicallyincorrect, since the concept of a complaint and a petition in the aspect of a person’s appeals exist separately from each other and have some differences. Since the Constitutional Court is legally obliged to verify the compliance of normative legal acts with theConstitution of Ukraine, it is advisable to define a constitutional complaint through a requirement, focusing on the requirement for therelevant entity to perform certain actions or refrain from them.Certain obscurity arises as to what kind of decision in the case should be considered the final decision of the court, which shouldconcern the constitutional complaint, it is seen that this can only be a decision of the court of last instance, that is, one whose appealhas already been fully implemented.In general, the introduction of the institution of constitutional complaint contributes to the rooting of the main idea of constitutionalism– the introduction of the principle of the rule of law, limitation of state power, the desire to protect human rights.